City Council

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -722- MINUTES OF THE MEETING NOVEMBER 15, 2010 PRESIDENT SCHULMAN: Good evening ladies and gentleman and welcome to Canton City Council. We appreciate the members in the audience being here this evening. With a quorum present the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOSEPH COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. It’s nice to have Members Barton and Butterworth back this evening, we missed you last week. Tonight our invocation will be given by Majority Leader and our esteemed Leader, David Dougherty. Please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on November 15, 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 The Majority Leader and Ward 6 Council Member, David Dougherty. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Leader Dougherty. We’re now under Agenda Corrections and Changes and Members of Council you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 12 through 20. Leader. MEMBER DOUGHERTY: Yes Mr. President, I’d like to suspend Rule 22A to add 2nd Readings Ordinances 12 through 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading of Ordinances 12 through 20. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: The motion carries. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. We have no Public Hearings this evening. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -723- MINUTES OF THE MEETING NOVEMBER 15, 2010 OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business and I will now turn Old Business over to new and young Mayor’s Chief of Staff, Warren Price. (Laughter) CHIEF OF STAFF PRICE: Thank you Mr. President. PRESIDENT SCHULMAN: Oh and by the way, before you begin. Mayor, happy birthday to you and Warren, happy birthday to you. Both Scorpios, as I am and me. So happy birthday to the three of us. Go ahead...and many healthy and happy ones. Who? (Inaudible) And Joe Cole is tomorrow so we have four Scorpios in the room. CHIEF OF STAFF PRICE: This job makes me more healthy everyday. (Laughter) Under Old Business we have two items. Katherine Ramsey talked last week about some issues with demolition particularly in the properties being unsecured for days at time. We have passed that along to the Chief Building Official, we’re taking it seriously and trying to effect changes where that situation has occurred. The other issue we had that was brought to our attention again is the Gibbs School area and the status on the neighborhood cameras, I don’t know if Director Ream has anything new on the neighborhood cameras but we’re continuing to deal with the technical issues that we face with those cameras. SAFETY DIRECTOR REAM: I signed a purchase order today on some VCR equipment things and it’s moving. Not as quickly as everyone would like but it is moving. So, we hope to have them up and running in the near future. PRESIDENT SCHULMAN: Thank you Director and Director. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We have two public speakers signed up this evening and we always enjoy having the public speak to us. Our first speaker is Antoine Hodge. Mr. Hodge, good evening, it’s a pleasure having you back again. If you’ll give us your name and your residential address please. ANTOINE HODGE: Good evening, my name is Antoine Hodge, my residence is 1221...excuse me, 2124 3rd Street SE, Canton, Ohio. I’m here to speak on behalf of C.M.B.-3. CORP at 1221 3rd Street NE, Canton, Ohio. We are sponsoring a community recycle clean up Saturday, November 20, 2012 at 10:00 A.M. The starting location is at our sponsoring location, what is the new Community Resource Public Service Center, that is 1221 3rd Street NE, Canton, Ohio. Phone number to contact is 330-438-4086. Thank you. PRESIDENT SCHULMAN: Thank you very much sir and thank you for your service. Our next speaker is Doug Bennett. Mr. Bennett, if you’ll step forward and give us your name sir and your residential address and welcome to Canton City Council. DOUG BENNETT: Thank you very much, my name is Doug Bennett, I live at 150 35th Street, NW, go Ward 8. Long time attender, first time speaker tonight. PRESIDENT SCHULMAN: Well we appreciate you being here. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -724- MINUTES OF THE MEETING NOVEMBER 15, 2010 DOUG BENNETT: Thank you. I’m tonight for the best reason of all. I’m here tonight because I love my wife. Wait until you have to say first, maybe (laughter)....um...my wife and I are, we think we’re ardent supporters of the community. My wife in particular is a huge fan of the arts in Stark County and in Canton. And as such, she decided...she thought back in January that while there’s all this great promotion for the arts, sometimes we miss the fact that the arts are created by artists and those artists might benefit from having a voice. So, she set about to put together a book and that book if anyone is familiar with this is “Stark Arthology”. We picked these up last week, last Thursday. So, we’ve just gotten these and they’re still in the shrink wrap. Arts in Stark was kind enough to help with the grant to put the book together. Jessica created a Board of Directors led by Dave Kaminski, who many of you know from his days at the Repository and now at the Chamber and they all....her Board agreed that this was a worthy project. Sixty nine Stark County artists are featured in the “Stark Arthology” one hundred and sixty two artists applied to be in the book and six nine were selected by an esteemed advisory committee. This Friday evening at the Canton Museum of Art is the launch party for the book and we are expecting about 200 people from all over the community to attend, we’d love to have each and every one of you attend. Here’s the book for those of you back here. And following the launch party, that evening and running through November 28th is a exhibit of the work in the book featured in one of the galleries at the Canton Museum of Art. So, many artists who normally would not maybe have the opportunity to have their work displayed in such a great place, suddenly have that opportunity to have their work viewed and seen in Stark County’s premier art museum. I’m certainly very proud of my wife for what she’s accomplished but when you look through the book, you’ll....if you buy one, I hope that you will, you will generate a sense of pride in yourself for the work that’s being done by Stark County artists. The book will be on sale to the public, starting on Saturday at Border’s Books and Music, as one of our premier places but all of the galleries downtown and many downtown businesses also are going to be carrying the book as well as locations out in Massillon. My wife will be signing the book at Border’s from 3 to 5 and she’ll be joined by Ted Lawson who painted the work on the cover, which is cover art of Taggart’s Restaurant on 14th and Fulton. So, if you would like more information about the book, Mark Butterworth has already purchased a copy. So, all of you are one down to Mark so if you’d like to catch up. They also make awesome corporate gifts. So, if you have a corporate gift roster that you need to send out, what a better thing then to give someone a gallery of Stark County Art all in one book. So, thank you for your time tonight.... PRESIDENT SCHULMAN: Well, before you sit down.... DOUG BENNETT: Okay. PRESIDENT SCHULMAN: We need to know your wife’s name. DOUG BENNETT: My wife, I’m sorry, thank you very much....my wife....(Laughter) PRESIDENT SCHULMAN: Well, it wasn’t me, it was Cindy. (Laughter) DOUG BENNETT: Thank you Cindy. My wife is Jessica Bennett. PRESIDENT SCHULMAN: Okay. DOUG BENNETT: And she is the Director of Marketing at the Chamber of Commerce and this has...this has been her baby. She started this in January and now here it is. So, thank you very much for having me COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -725- MINUTES OF THE MEETING NOVEMBER 15, 2010 tonight. PRESIDENT SCHULMAN: Well congratulations and all the best. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk would you please read Resolution 56 by title. #56. PRESIDENT SCHULMAN AND WARD 1 CNCL MBR HAWK: ESTABLISHING AN ADVISORY WATER COMMISSION. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 56. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 56. Are there any remarks? I think I mentioned to you last week that this was coming before Council and Member Hawk and I have been together, not in violation of the Sunshine Law and I want to share with Members of Council, who is going to sit on the Committee because I think it’s significant of who we have. I think we’ve got a great group of people. Member Hawk obviously, Member Cirelli, Tyler Converse, Richard Price, the former President and CEO of the Aultman Health Foundation, Warren Price, the Service Director, Chief of Staff, Denny Saunier, the President and CEO of the Chamber, Dick Maggorie, President and CEO of Innis Maggorie and our two ex officio Members, Law Director Martuccio and our esteemed Leader, David Dougherty. So, I think this will be an interesting undertaking and we hope to have some concrete proposals ready for you by the end of March. Any other remarks? By voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #56 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, despite some (inaudible) Members of Council. 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 NOVEMBER 15, 2010. 447. COMM DEV DIRECTOR WILLIAMS: REQ $608,000.00 SUPP APPROP FROM UNAPPROP 2211 506001 COMM DEV FUND TO 2211 506001 COMM DEV - OTHER. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -726- MINUTES OF THE MEETING NOVEMBER 15, 2010 448. HEALTH ADMIN MCBRIDE: OCT 2010 MONTHLY COMPARATIVE RPT INSURANCE CLAIMS. - RECEIVED & FILED 449. HEALTH COMMISSIONER ADAMS: 2011 GENERAL REVENUE FUNDS BUDGET FOR BOARD OF HEALTH. - RECEIVED & FILED 450. LAW DIRECTOR MARTUCCIO: REQ AUTHORIZATION TO AMEND CODIFIED ORDINANCE SECTION 181.14, ALLOCATION OF FUNDS BY ADDING NEW SECTION (c)(15). - JUDICIARY COMMITTEE 451. LIQUOR CONTROL DIVISION (OHIO): NOTIFY EXPIRATION OF ALL LIQ PERMITS 2/1/11; MUST RCV OBJECTIONS BY 1/3/11. - RECEIVED & FILED 452. SERVICE DIRECTOR PRICE: REQ APPRV TO AMEND O#170/2010 ALLOWING THE THURMAN MUNSON MEMORIAL STADIUM DONATION FUND TO RECV ANY & ALL REVENUES GENERATED AT THE STADIUM AND ADJACENT LAND FOR CAPITAL IMPROVEMENTS OF THE FACILITY. - JUDICIARY & FINANCE COMMITTEES 453. SERVICE DIRECTOR PRICE: REQ AUTHORIZATION FOR SERV DIR TO ENTER INTO PROF SVC AGMT FOR FULL MGMT OF CANTON MEMORIAL CIVIC CTR W/SMG - WORLDWIDE ENTERTAINMENT & CONVENTION VENUE MGMT TO COMMENCE 1/1/11 VALID FOR 5 YRS WITH OPTION TO RENEW FOR ADDITIONAL 5 YRS. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are 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. Madame Clerk would you please read the 1st Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH AND INCLUDING #11 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE VACATING A PORTION OF HAZLETT AVENUE N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY (HISTORICAL SOCIETY) Referred to Public Safety & Thoroughfares Committee PUB HRG 11/29/10 @ 7:31 P.M. #2. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3751 BURRSHIRE DR NW) Referred to Judiciary Committee PUB HRG 11/29/10 @ 7:32 P.M. #3. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -727- MINUTES OF THE MEETING NOVEMBER 15, 2010 OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AND EMERGENCY (ALBERT & FRANCES SIMIA - PARCEL #02-14244 ON KENNET CT NW) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH STARK COMMUNITY FOUNDATION TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $50,000; AND DECLARING THE SAME TO BE AN EMERGENCY (NEIGHBORHOOD GROUPS) Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO RESURFACING OF US 30 FROM STATE ROUTE 43 TO THE EASTERN CORPORATION LINE AND CONCRETE OVERLAY ON THE BRIDGE AT BELDEN AVENUE OVER US 30; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO REHABILITATION AND RESURFACING OF 1-77 FROM THE CITY SOUTHERN LIMITS TO JUST NORTH OF SR 800 WITHIN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO PLAIN TOWNSHIP; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee #8. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY; ESTABLISHING THE PURCHASE PRICE OF THE PARCEL INCLUDING MINERAL RIGHTS OF $92,500.00; AUTHORIZED THE CITY OF CANTON TO ACCEPT DONATION OF $27,500.00 IN VALUE OF REAL PROPERTY; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE PURCHASE OF SAID PARCELS; AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR, ENTER INTO AGREEMENT AND RECEIVE FUNDS IN THE AMOUNT OF $92,500.00 FROM THE CLEAN OHIO CONSERVATION FUND; RESERVE THE PROPERTY FOR PURPOSES OF THE PRESERVATION OF WATER, FORESTRY AND OTHER NATURAL RESOURCES; AUTHORIZING THE CITY ENGINEER TO GENERAL CONTRACT THE DEVELOPMENT OF TRAILS, PARKING AREAS AND PARK FACILITIES THROUGH THE USE OF CITY FORCES COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -728- MINUTES OF THE MEETING NOVEMBER 15, 2010 AND/OR LOCAL CONTRACTORS AND SUPPLIERS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR FULL MANAGEMENT OF THURMAN MUNSON MEMORIAL STADIUM WITH THE NON-PROFIT OHIOMSBL MANAGEMENT GROUP LLC; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #10. (1ST RDG) AN ORDINANCE AMENDING SECTION 357.04, STREETS ON WHICH PARKING IS PROHIBITED DURING SNOW EMERGENCY OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #11. (1ST RDG) AN ORDINANCE AMENDING SECTION 181.08, DUTIES OF TREASURER AND INCOME TAX DIRECTOR, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee PRESIDENT SCHULMAN: Thank you Madame Clerk, that was a lot of work on those. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second Reading. Madame Clerk will you please begin reading Ordinance 12. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #12 THROUGH AND INCLUDING #20 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM DEBORAH LANAM #13. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (GARY PENDLETON - PARCEL #02-06484 ON 4TH ST SE) #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION TRANSFER HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (CONTINUING OPERATIONS - POLICE & FIRE) COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -729- MINUTES OF THE MEETING NOVEMBER 15, 2010 #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE PURCHASE OF A VEHICLE LIFT FOR THE FIRE DEPARTMENT; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ALTERNATIVELY PURCHASE THE VEHICLE LIFT PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ANGELA CAVANAUGH TO SERVE AS THE CITY’S CHIEF BUILDING OFFICIAL IN AN AMOUNT NOT TO EXCEED $105,818.00; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH PHILIP SEDLACKO FOR ANIMAL CONTROL SERVICES FOR THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND RDG) AN ORDINANCE AMENDING SUBSECTION (B) OF SECTION 129.02, FEE FOR OFF-DUTY POLICE AND CRUISERS; OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO LEASE AGREEMENTS WITH THE STARK COUNTY COMMISSIONERS AND THE CANTON REGIONAL CHAMBER OF COMMERCE FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY #20. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 961, STORM WATER MANAGEMENT, OF PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT SCHULMAN: Thank you again Madame Clerk. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Third and final Reading and vote. Madame Clerk, would you please begin with Ordinance 21. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #21 AND #22 FOR THEIR THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS : #21. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 215/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -730- MINUTES OF THE MEETING NOVEMBER 15, 2010 TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (FOR CITY’S CONTINUED OPERATION) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 21. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21. Any remarks under this Ordinance? Hearing none, Madame Clerk.... MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER DOUGHERTY: Mr. President, I move we amend Ordinance 21 per the copy in front of all Council Members. MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 21 by replacing Exhibit A attached to the ordinance currently pending before Council with the attached Exhibit A. PRESIDENT SCHULMAN: It’s been moved and seconded to amend the Ordinance 21 per the copy before each Member of Council. Any remarks under the Motion? All those in favor of this Motion, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 21 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21 as amended. Any remarks under the amended Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #21 ADOPTED AS AMENDED AS ORDINANCE 215/2010 PRESIDENT SCHULMAN: Ordinance 21 is adopted. Ordinance 22 please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -731- MINUTES OF THE MEETING NOVEMBER 15, 2010 #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 216/2010 AN ORDINANCE AUTHORIZING THE SETTLEMENT OF NL CONSTRUCTION CO. V. CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (COMMON PLEAS CASE #2007CV02675) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 22. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 22. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #22 ADOPTED AS ORDINANCE 216/2010 PRESIDENT SCHULMAN: Ordinance 22 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you sir. Finance Committee will meet Monday, November 22nd at 6:15 PM right here in this very Council Chamber. PRESIDENT SCHULMAN: Thank you Finance Chair Hawk. Any other announcements? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: Public Safety and Thoroughfare will meet at the same time. PRESIDENT SCHULMAN: Very good, thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -732- MINUTES OF THE MEETING NOVEMBER 15, 2010 MEMBER WEST: Judiciary will meet at 6:15 in regards to the IPMC and each Council Person has a copy of the Ordinance, please review it and be ready to discuss it on that date. PRESIDENT SCHULMAN: Very good, thank you Member West. Member Smuckler. MEMBER SMUCKLER: Community Development will meet at the same time, same place. PRESIDENT SCHULMAN: Thank you any... MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: ....Yes Member Cirelli. MEMBER CIRELLI: Environmental and Public Utilities will meet at the same time, same place. PRESIDENT SCHULMAN: Okay, great. Any other announcements? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet at 6:15 that evening. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Member Cirelli. MEMBER CIRELLI: Mr. President, on Saturday night, Saturday evening, it was my pleasure to attend....the Mayor who was there also and Mr....and Councilman Smuckler was there but unfortunately they both did not get to stay at the Lehman Neighborhood, they had like a harvest function. And it was nice to hear them talk about their neighborhood how it is coming back and how delighted they are to live in the City of Canton. And several of them stress the fact that they don’t have to live there, one gentleman is from Hawaii and he and his wife have chose to live here in Canton and another gentlemen, well several of the people said financially they could live, one even...even referred to one of the townships that he lived there but he didn’t want to go there because it was not anywhere near like what a real neighborhood was there in their district. So, I was very proud to hear that and I just want to share that with the Council Members. Because, you know, we get a lot of negative things but we very rarely get to hear about a group that was so giving of each other and working together to improve the whole area. And I...it was a real positive experience and I just wanted to share that with everyone. PRESIDENT SCHULMAN: Well thank you Member Cirelli, it’s always nice to hear positive things.... MEMBER CIRELLI: And then.... PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -733- MINUTES OF THE MEETING NOVEMBER 15, 2010 MEMBER CIRELLI: One other thing if I might. I saw in Friday’s paper our Law Director is in a play and I’m a little confused by this. It says “Last Chance” and it’s the Adams Family, am I correct sir? And then down at the bottom, it talks something about a New Year’s Eve show because it gives two different dates here and I didn’t know if that was going to be showed at New Year’s Eve or what. I thought, well I’ll check that out. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Mr. President, Member Cirelli, I...I...if...if it’s a show that’s happening on New Year’s Eve, I don’t know about it yet. MEMBER CIRELLI: Mr. President, It’s not the one you’re in then huh? LAW DIRECTOR MARTUCCIO: No. MEMBER CIRELLI: Okay, thank you sir. PRESIDENT SCHULMAN: Any other Miscellaneous Business Member Cirelli? Anyone else? Law Director Martuccio. LAW DIRECTOR MARTUCCIO: We heard about the graphic artists and I want to thank Mr. Bennett and his wife, Mrs. Bennett for bringing that into our community. This past Saturday the Palace Theater was alive with about 300 volunteers from all over Stark County, many of them from Canton City, putting on an old fashioned variety show at the Palace Theater, bringing several hundreds of people to each show, spending their money downtown and making an event of the day and the night. It was quite an event to see. I know it wasn’t well marketed, it was the annual Christmas variety show but there are a lot of performing artists, some of whom make it a habit and many of them were oral groups that have been together a long time, many were school students. It is also a vital part of our art scene and a vital part of our economy. And I want to thank all of the people who made that possible as well. PRESIDENT SCHULMAN: Thank you Law Director. Leader MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Roll call vote please Madame Clerk. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, have a safe ride home everyone and thanks for coming. (Gavel falls) COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -734- MINUTES OF THE MEETING NOVEMBER 15, 2010 ADJOURNMENT TIME: 8:00 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT