City Council

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -735- MINUTES OF THE MEETING NOVEMBER 22, 2010 PRESIDENT SCHULMAN: Good evening ladies and gentleman and welcome to Canton City Council. Before we begin tonight’s meeting, I want to wish all of you a very Happy Thanksgiving. Despite our problems we have so much to be grateful for and so much to give thanks for. Secondly, it’s birthday time. He’s probably 21 or 22 which makes me sick to my stomach but Happy Birthday Brian Horner. (APPLAUSE) And I think Member Prater’s giving the invocation tonight so he told me he was going to sing Happy Birthday to you especially. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yea, he’s old enough now to sign your petition. (LAUGHTER) PRESIDENT SCHULMAN: On those happy notes, 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: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation as I said, will be given by Assistant Majority Leader, Terry Prater. Will you all please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on November 22, 2010 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Assistant Majority Leader and Ward 5 Council Member, Terry Prater. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes and Members of Council you’re going to be asked as you are all the time, to suspend Rule 22A to add the 2nd Reading of Ordinances 5 through 16. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Readings Ordinances 5 through 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 5 through 16. Any remarks? Hearing none Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -736- MINUTES OF THE MEETING NOVEMBER 22, 2010 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 and Communications are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. Chief of Staff Price do we have any Old Business to address? CHIEF OF STAFF PRICE: We don’t from last week. Thank you Mr. President. I did want to update Council and the public on a Communication we received today. I am pleased to announce that according to Chief McKimm the I-Spy cameras are up and running thanks to working out the internet issues we had. So those are up and running. The Safety Director’s not here, he’s out of town for a family issue. The Chief, actually I’d be happy to talk to you privately but, the Chief actually listed the locations there in now. I honestly don’t know that I should disclose those publicly. I don’t know if that’s a secret or not but they are up and functioning on line and being recorded so we have those working. Thank you. PRESIDENT SCHULMAN: Thank you Director Price. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks and we have three speakers that will speak this evening. The first is Bob Malley. Mr. Malley if you’ll step..hope I’m pronouncing your name right. Are you here? OK, I do know John Swartz is here. Mr. Swartz, good evening. If you’ll step forward and give us your name and your residential address and it’s good to see you moving as well as you are. Just move a little quicker, that’s all I ask. JOHN SWARTZ: President Schulman, is this on? PRESIDENT SCHULMAN: Yes. JOHN SWARTZ: And Council persons. I think everybody here, well I’m not going to say that, I’ll just ask a question. How many people here have been to First Friday? OK well this is a boom time because December 2nd we’re having Lighting up the City downtown, which is an incredible experience but the second or the First Friday will have some very interesting things and what we’re going to do tonight is talk about one of the great people. You’ll notice the Repository lately has been focusing some of the great people of the past. Today Alan Page was in there, who was a fellow alumnus of mine. But anyway, what we’re doing is the second Pulitzer. The first one I think everybody’d know is Don Mellett. You know Don Mellett. He first of all had a mall named after him and they redid the building which is the Daily News. They did a gorgeous job of redoing that building. But what First Friday generally does, is focuses on one great from the past and what we’re going to do this time is the second Pulitzer. Now he’s unheard of and most people don’t know who he COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -737- MINUTES OF THE MEETING NOVEMBER 22, 2010 is, his name is Charles R. Macauley but Macauley cartooned all through grade school and through what was the old Central High School and then got a job at the Dueber Hampton Company and he started cartooning, sending these things to different places and he won an award with the Cleveland Press. Meantime he did about a dozen cartoons for the Canton Repository and he actually pursued this. In 1893 or 1899 he went to the Philadelphia Enquirer and did, these are, four colored cartoons only began in 1893 and this is an example of, we’ve got 8 of these on display but this is the kind of thing he did back in 1899 or this is 1900 and basically it’s a political cartoon on William Jennings Brian who was constantly running for office. At any rate if you want to see these afterwards, I’ll have them in the back and we have a little brochure that you’ll get when you go there that explains the whole display. But there are at least 35 maps with different cartoons on them and those will be on the central part of the Canton Museum of Art. At the same time, there’s going to be a some of the really great possessions that the private collection of the Art Museum and the third thing is going to be done by our great photographer in town, Steve, what’s Steve’s last name, that’s terrible, but he’s going to be doing a huge display of his beautiful nature photography. In any case, make it a point to go to First of the Art Museum and you’ll get a little map and you can follow it through downtown and there’s free wine and cheeses and little appetizers as your going through. There’s different music groups down there. It’s just a wonderful evening and there’s always something for kids, so make it a point to try to be a part of that because I think I’ve missed about five of them and I went in a wheelchair with the help of somebody here. With a walker another time and finally I can walk, so make it a point to do that. Celebrate the great people of the city and we’ve got some great ones. Thank you. PRESIDENT SCHULMAN: Thank you John, very much. (APPLAUSE) If we could have a resident historian John, you would be the person I would select. Thank you so much. Our next speaker and I do apologize I’m going to do the best I can on the last name, I just can’t read it. Bob Breaneal. I should know you. What, how do you pronounce your last name? BOB BRAZEAL: My last name is Brazil. I had my hand shaking a little bit. PRESIDENT SCHULMAN: Oh, that’s right, OK. You’re going to have to write more legibly. I apologize. Good evening. Give us your name and your residential address please. BOB BRAZEAL: My name is Bob Brazeal. I live at 148 Fawcett Ct NW, Canton, Ohio of course. Tonight it’s nothing major. I just wanted to hand out some invitations that I’m going to pass around here. We’re having a little holiday dinner. It’s going to be on the 12th and anyone in the Committee is definitely invited to come. Bring your significant other if you chose and it’s just our way of saying thanks. PRESIDENT SCHULMAN: Great. Thank you very much sir. We appreciate it. (APPLAUSE) INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions and it’s always kinda sad to hear about somebody’s retirement but for the work that they’ve done for our community it’s wonderful so would you please read Madame Clerk, Informal Resolution 57. #57. COUNCIL-AS-A-WHOLE: CONGRATULATING REVEREND WILLIAM WALLACE LUKE AND REVEREND RHODA LUKE ON THEIR RETIREMENT. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -738- MINUTES OF THE MEETING NOVEMBER 22, 2010 PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 57. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 57. Are there any remarks? MEMBER SMITH: Yes Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: Could we have that read in it’s entirety please? PRESIDENT SCHULMAN: Certainly. CLERK TIMBERLAKE: Whereas, On December 26, 2010 Reverend William Wallace Luke and wife Reverend Rhoda Luke will step down from the pulpit they have shared for twenty six years at Greater Peace Church of Deliverance; and Whereas, In June 1984 Reverend William Wallace Luke became the founder and Pastor of Greater Peace Church of Deliverance with eleven members while Rhoda Luke held the position of the Church’s secretary; and Whereas, William Wallace Luke attended Canton City Schools, Kent State University and Malone College before going on to become licensed in 1982 and Ordained in 1984. In his thirty years of ministry, he preached and ministered in the northern, southern, eastern and western parts of the United States; and Whereas, Rhoda Luke received her education through the Akron City School system after which she attended Hammel Business College and Malone College. She became licensed to preach the gospel ministry in 1998 and went on to serve as co-pastor with her husband in 2004. Rhoda has also been employed with the Stark Metropolitan Housing Authority for the past thirty years where she will retire from on December 31, 2010; and Whereas, Thanks to Mr. And Mrs. Luke’s love of the Lord and dedication to Greater Peace Church of Deliverance, many people have been saved and have received a greater peace over the years. Now Therefore be it Resolved: that we, Members of Canton City Council do hereby go on public record recognizing Reverend William Wallace Luke and Reverend Rhoda Luke for their dedicated service to the community and Greater Peace Church of Deliverance. We congratulate them on their well deserved retirement. (STANDING OVATION) MEMBER SMITH: I’d just like to say on behalf of the City Council and the great City of Canton, we are very proud to present this Informal Resolution to you because I have witnessed the souls that you all have shown God and how they have followed you as you’ve followed Christ and we thank you so very much for being a part of this community and enjoy your retirement. (APPLAUSE) PRESIDENT SCHULMAN: Reverend. REVEREND WILLIAM WALLACE LUKE: My wife is pushing me to speak for both of us so to President Schulman and to all the Members of Council, we thank you very much for this Resolution. It means a lot. I am very, we are very humbled and we are very thankful that you thought enough of us to actually do this. We COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -739- MINUTES OF THE MEETING NOVEMBER 22, 2010 have done everything that we can over the past 26 years to ensure that Canton is a, an even better place to live by helping people get their lives together and just because we’re retiring does not mean that we’re going to not continue to do all that we can to continue to help people. And again we thank you. God Bless You. We’re going to continue to pray for you and ask you to continue to pray for us. Thank you very much. (APPLAUSE) PRESIDENT SCHULMAN: Reverend and Reverend. You look way too young to retire. You look terrific. MEMBER SMITH: And I would just like for his members, quite a few of them came out tonight, and also Reverend Draper, oh I done took your part huh? Anyhow Reverend Draper would you be so kind as to stand? He is the one that is going to Pastor now the Greater Peace Church and also the other members, if you all will stand. (APPLAUSE) Thank you. PRESIDENT SCHULMAN: Well I think it goes without saying, but all those in favor of the Resolution, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #57 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The Resolution carries. Congratulations again Reverend and Reverend and good luck to you Reverend. You have some big shoes to fill. 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 22, 2010. 454. BRYANT, CHANDRA, APPLICANT: APPLICATION FOR ALLEY VACATION OF JANET COURT SE BETWEEN EAST TUSC ST & 2nd ST SE, APPROX 80 FEET IN LENGTH (COMMUNITY TREATMENT & CORRECTION CENTER, INC). - PLANNING COMMISSION 455. CANTON PARK COMMISSION: SUPPORTING THE EFFORT TO PURCHASE AN 11.88 ACRE TRACT THAT WOULD BE PURCHASED VIA A CLEAN OH CONSERVATION FUND GRANT & ADDED TO THE AREA NOW KNOWN AS THE FAIRHOPE NATURE PRESERVE. - RECEIVED & FILED 456. DEVELOPMENT DIRECTOR TORRES: REQ $174,952.78 SUPP APPROP TO NEW HORIZONS PARK FUND TO REIMBURSE MONIES ADVANCED FOR THE NEW HORIZONS PARK PROJECT. - FINANCE COMMITTEE 457. HOF REAL ESTATE LLC, APPLICANT: APPLICATION FOR ZONE CHANGE @ 2600 25TH ST NE TO PB-4 (SPECIAL BUSINESS) TO CONVERT PROPERTY INTO A FAMILY COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -740- MINUTES OF THE MEETING NOVEMBER 22, 2010 ENTERTAINMENT CENTER. - PLANNING COMMISSION 458. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE FOR PART OF OL 733 (2699 ROBERTS AVE NW, PARCEL #02-46927) FROM PB-4 (PLANNED SPECIAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS) TO ACCOMMODATE A NEW DEVELOPMENT PLAN FROM ONE PREVIOUSLY AGREED TO IN A PREVIOUS ZONE CHANGE. (CONSTRUCTION OF 270 STORAGE UNITS IN 5 BLDGS) IN WARD 7. - JUDICIARY COMMITTEE 459. PRATER, T, WARD 5 CNCLMBR: REQ LAW DEPT TO RESEARCH & CREATE LEGISLATION FOR PLACEMENT OF PONDS IN RESIDENTIAL YARDS. - JUDICIARY COMMITTEE 460. SAFETY DIRECTOR REAM: REQ LEGISLATION PURSUANT TO ORC 4511.21(I)(2) TO REQ DIR OF ODOT TO DETERMINE & PROPERLY POST SPEED LIMITS ON I-77 WITHIN CORP LIMITS OF CITY FROM (APPROX) THE BRIDGE OVER THE WEST BANK OF THE NIMISHILLEN CREEK TO THE NORTHERN CORPORATE LIMITS THAT THE SAFE & REASONABLE PRIMA FACIA SPEED LIMIT IS 65 MPH. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 461. SERVICE DIRECTOR PRICE: REQ $410,574.59 CHANGE ORDER TO AMEND CONTRACT THAT CITY HAS W/ENVIRONMENTAL MGMT SVCS (REMEDIATION CONTRACTOR FOR THE BISON REMEDIATION PROJ (MONIES FROM THE CLEAN OH REV FUND GRANT). - FINANCE COMMITTEE 462. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO INTERAGENCY AGMT W/SARTA FOR CONSTRUCTION OF VARIOUS TRANSIT RELATED IMPROVEMENTS ALONG TRANSIT ROUTE GENERALLY KNOWN AS SARTA’s “MAHONING ROAD ROUTE” SPECIFICALLY INCLUDES PORTIONS OF WALNUT AVE, CHERRY AVE, 12TH ST NE, MAHONING RD & HARMONT AVE; AUTHORIZE MAYOR &/OR SERV DIR TO EXECUTE AGMTS W/SARTA, ODOT & THE FEDERAL TRANSIT ADMINISTRATION; AUTHORIZE MAYOR &/OR SERV DIR TO EXEC AGMTS W/SARTA, ODOT & FTA AS WELL AS OTHER CONSULTING ENGINEERING CONTRACTS AS NEEDED; AUTHORIZE MAYOR &/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT FOR & REC VARIOUS OTHER GRANT SUCH AS OH DEPT OF NATURAL RESOURCES GRANTS THAT MAY ASSIST THE CITY IN OFFSETTING OUR 20% SHARE OF THE COST OF THIS PROJ. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under, and by the way, I say this to people that come down, you do not have to all stick around for this. If you want to leave, you’re not going to be insulting us so if you have something to do tonight, feel free to go and do it and again Happy Thanksgiving to all of you. 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 reading, read the 1st Reading Ordinances by title. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -741- MINUTES OF THE MEETING NOVEMBER 22, 2010 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH AND INCLUDING #4 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($608,000.00 TO 2214 506001 COMM DEV FUND - OTHER) Referred to Community & Economic Development & Finance Committees #2. (1ST RDG) AN ORDINANCE AMENDING SECTION 181.14, ALLOCATION OF FUNDS, OF THE CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #3. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 170/2010; AND DECLARING THE SAME TO BE AND EMERGENCY (THURMAN MUNSON MEMORIAL STADIUM) Referred to Judiciary & Finance Committees #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH SMG - WORLDWIDE ENTERTAINMENT AND CONVENTION VENUE MANAGEMENT FOR OPERATION OF THE CANTON MEMORIAL CIVIC CENTER; AUTHORIZING THE AUDITOR TO ESTABLISH THE 2435 CIVIC CENTER - SMG PROJECT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee PRESIDENT SCHULMAN: Thank you Madame Clerk, and we have by my count eleven 2nd Readings. Twelve, I stand corrected. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Madame Clerk will you please begin with Ordinance 5. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #5 THROUGH AND INCLUDING #16 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (2ND RDG) AN ORDINANCE AMENDING TITLE SEVEN, HOUSING STANDARDS, OF PART THIRTEEN - BUILDING CODE OF THE CODIFIED ORDINANCES (IPMC) #6. (2ND RDG) AN ORDINANCE VACATING A PORTION OF HAZLETT AVENUE N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY (HISTORICAL SOCIETY) PUB HRG 11/29/10 @ 7:31 P.M. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -742- MINUTES OF THE MEETING NOVEMBER 22, 2010 #7. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3751 BURRSHIRE DR NW) PUB HRG 11/29/10 @ 7:32 P.M. #8. (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 AND EMERGENCY (ALBERT & FRANCES SIMIA - PARCEL #02-14244 ON KENNET CT NW) #9. (2ND 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 $50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY (NEIGHBORHOOD GROUPS) #10. (2ND 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 #11. (2ND 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 #12. (2ND 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 #13. (2ND 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 -743- MINUTES OF THE MEETING NOVEMBER 22, 2010 AND/OR LOCAL CONTRACTORS AND SUPPLIERS; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND 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 #15. (2ND 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 #16. (2ND 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 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Good job, thank you Madame Clerk very much. We’re now under Ordinances and Formal Resolutions for their Third and final Reading and vote. Let’s begin with Ordinance 17. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #17 THROUGH AND INCLUDING #26 FOR THEIR THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS : MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, leader. MEMBER DOUGHERTY: I move we reconsider Ordinance 215/2010, adopted November 15, 2010. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to reconsider Ordinance #215/2010 adopted on November 15, 2010. Are there any remarks as to the reconsideration? 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 to reconsider the Ordinance carries. Leader. MEMBER DOUGHERTY: Mr. President, I move we amend Ordinance 215/2010 per the copy in front of all Council Members. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -744- MINUTES OF THE MEETING NOVEMBER 22, 2010 MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rules 41 and 36, I move to reconsider and amend Ordinance No. 215/2010 by substituting the attached Exhibit A attached for the one currently attached to the Ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded to amend the Ordinance 215/2010 by virtue of the copy of the amendment before each Council Member. Are there any remarks? Member Butterworth. MEMBER BUTTERWORTH: Do we have new amendments? FINANCE DIRECTOR ALGER: Mr. Butterworth, Councilman Butterworth. Yes, I spoke with the Law Director and I have now put on record the corrected amount. If you guys all see in the Fire for some reason shows as zero, it is supposed to be $381,280.00. That was not changed but when it was printed out for some reason that turned into a zero. So per the Law Director.... MEMBER WEST: Excuse me, we can’t hear you. We can’t hear you over here. FINANCE DIRECTOR ALGER: Oh, sorry. On the Appropriation Transfer for the two, for the Fire, it for some reason printed out as zero. I spoke with the Law Director, I have now reprinted, I reprinted it as corrected. I don’t know why the zero, but it is now on record with the Clerk of Council, the corrected number. $381,280.00. PRESIDENT SCHULMAN: Director can you say that one more time please. FINANCE DIRECTOR ALGER: Certainly. $381,280.00 to the Fire on the 2 for the Appropriation Transfer. MEMBER HAWK: Question please sir. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Is that total from the number above transfer from including the $80,000.00 given back from the Law Department and the $55,000.00 from the Judges and the $88,000.00 from the Health Department, Building and Safety. Is that the total that goes to this number here, that $381,280.00, does that include the summation of those number? FINANCE DIRECTOR ALGER: Correct, you are correct. MEMBER HAWK: Thank you. PRESIDENT SCHULMAN: OK any other remarks? What you’re voting on is a motion to amend by virtue of the copy of that amendment before each Member of Council. All those in favor of this motion, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -745- MINUTES OF THE MEETING NOVEMBER 22, 2010 PRESIDENT SCHULMAN: The ayes have it, the motion carries and the Ordinance is amended. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 215/2010. PRESIDENT SCHULMAN: As amended? MEMBER DOUGHERTY: Yes. PRESIDENT SCHULMAN: Thank you. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded then to adopt Ordinance 215/2010 as amended. So that’s the question you’re now voting on. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #17 RECONSIDERED AND ADOPTED AS AMENDED AS ORDINANCE 215/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and Ordinance 215/2010 as amended is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 217/2010 AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM DEBORAH LANAM (PARCEL #02-12934 ON 25TH ST NE) 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? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE 217/2010 PRESIDENT SCHULMAN: Ordinance #18 is adopted. Ordinance #19 please Madame Clerk. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 218/2010 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -746- MINUTES OF THE MEETING NOVEMBER 22, 2010 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) 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? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE 218/2010 PRESIDENT SCHULMAN: Ordinance #19 is adopted. Ordinance #20 please Madame Clerk. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 219/2010 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) 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 that you adopt Ordinance 20. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #20 ADOPTED AS ORDINANCE 219/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 20 is adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 220/2010 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 COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -747- MINUTES OF THE MEETING NOVEMBER 22, 2010 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 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 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twenty-two yeas, or twelve yeas Mr. President. #21 ADOPTED AS ORDINANCE 220/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 21 is adopted. Ordinance 22 please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 221/2010 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 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 that you adopt Ordinance 22. Are there any remarks under this Ordinance? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. I cannot support this Ordinance. I firmly believe that it is definitely an employer’s market. For $105,818.00 to an employee, a person for a part-time position, all our other Department Heads are full-time. I think that this warrants a full-time position and what are we saying to our other Department Heads that are asked to be doing less, more for less. And I’m aware that if this Honorable Body would in fact vote this Ordinance down that the Mayor could have it the responsibility of appointing this person and I don’t have a problem with that, if he so chose to do that, then he can explain to the general public how he feels. He can have a person for $105,000.00 serving in a 32 hour capacity. And I know a lot of people say it would cost a lot more because of the fact you’d have to pay pensions and benefits and what have you, but I also asked for the qualifications for this and I’ve heard a lot of people think you’ve got to be this and you’ve got to be that and if the people would have it here, I was amazed at what really COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -748- MINUTES OF THE MEETING NOVEMBER 22, 2010 would deem a person to hold this position. And I think it would behoove us to circulate it and see that we could have somebody from the city or the county in this position. Not necessarily somebody from Summit County who also is serving under five different other entities and I cannot support it because as I said before, it’s a employer’s market and I think we ought to do some shopping around and get the best person for the job and I don’t feel this is the best person for the job. Thank you. PRESIDENT SCHULMAN: Do you have the list Member Cirelli of the other employment that the Director has? MEMBER CIRELLI: Pardon me sir. PRESIDENT SCHULMAN: Do you have a list of the other jobs that Director Cavanaugh has at present? MEMBER CIRELLI: Don’t have it with me. You mean the people she serves underneath. PRESIDENT SCHULMAN: Yes. MEMBER CIRELLI: Yea, I’ve asked for all that and I have that. PRESIDENT SCHULMAN: Now you said had five other jobs. MEMBER CIRELLI: No on the, these are five other jobs outside of the City of Canton that she, oh I’m sorry, I can read that to you. By the way, she provided this for me. Massillon, Aurora, Barberton and Doylestown, North Canton and she was just contracted with Medina also. PRESIDENT SCHULMAN: Alright, thank you. MEMBER CIRELLI: Thank you. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Mr. President I too have a problem with this based on the fact that I’d like to be sharing this with the county right now. And I think that the county situation and our situation are pretty similar if not one of them being worse and I think that we should be sharing these responsibilities. We should be consolidating and I too cannot support this. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes a question to the Service Director or the Law Department. Member Cirelli mentioned something around the qualifications for a CBO is that different than what we had talked about earlier or last week? PRESIDENT SCHULMAN: Director Price. SERVICE DIRECTOR PRICE: Thank you Mr. President. There are, Angela Cavanaugh performs two functions. She is the Chief Building Official of the City of Canton which requires her to have certain qualifications. She also reviews plans for the City of Canton. That involves a separate set of qualifications. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -749- MINUTES OF THE MEETING NOVEMBER 22, 2010 I don’t know if that answers your question but she is doing two separate things for us, plan review and she’s acting as our Chief Building Official. MEMBER WEST: So are those both required by law to have on, on staff. SERVICE DIRECTOR PRICE: Yes. Well not on staff. We are required by law to perform those functions so whether we do it with full-time or part-time employees of the city or if we just contract that out. That’s up to the municipality. MEMBER WEST: And also Law Director, earlier you made an amendment to the contract to read that there’s an out or a cross 60 days on our behalf as well as hers, is that correct? PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Mr. President, Member West, thank you for the question. I apologize for the amendment coming down Clerk. It was requested and on it’s way before I found out we had already, there was no need for the amendment. Essentially what the personal services contract provides for between the city and Miss Cavanaugh would be that it’s a one year contract, 1/1/11 to 12/31 for that figure, $105,000.00+. I was inquired as to the termination portion of it. There are two ways that this contract can be terminated. One is if one party thinks the other party has breached a portion of it, they are given, they give the other side 30 days to fix it. That’s one way it can be terminated within 30 days. The other way is either side can terminate the contract without any cause being given with 60 days written notice. So there’s a no cause provision in there as well with 60 days written notice and I think that satisfied the questions that were asked of us. MEMBER WEST: If, and maybe Law Director you could help me with this, if this does not pass tonight, then what would happen as a result of our being in compliance or how long would this take place? LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Member West my understanding is that effective January 1st the city would have to either hire a Chief Building Official through the Mayor’s office which he has the authority to do or we would have to contract for one. We would also have to find either a person that could do both or if we could only find a Chief Building Official we would also have to contract with someone who is in, who’s authorized and certified to do plans examination and approval. Now that person could be contracted for or it could be done on a part time basis as well. MEMBER WEST: One more quick question and I’ll shut up. This will be to the Service Director, last week and I thought I seen an email about it but I’m not clear in my head, but last week we talked about there hasn’t really been a lot of plans that have been brought up to the city or because we haven’t had a lot of building is that correct or will we need a Plans Examiner cause there’s not a lot of building going on in the City of Canton right now? SERVICE DIRECTOR PRICE: I emailed that information to the Council Clerk. I don’t remember the numbers off hand and I emailed it unsolicited because I know it had been brought up by somebody and I don’t remember offhand who actually kind of posed hypothetically the question but, we did I think there were 246 commercial plan reviews. There were, I don’t have the numbers with me. But I think there were a COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -750- MINUTES OF THE MEETING NOVEMBER 22, 2010 substantial number of plans submitted and plan reviews done in the city. I mean, keep in mind, that you know although the economy’s poor, we’ve had some substantial building projects in the city even despite that poor economy and also you know businesses are always putting on additions or changes uses in this volatile economy. That doesn’t mean we’re not doing any inspections. I think we have a healthy number of inspections that we continue to do. PRESIDENT SCHULMAN: Anything else Member West? MEMBER BARTON: Mr. President. PRESIDENT SCHULMAN: Yes, Member Barton. MEMBER BARTON: Some questions for the Service Director. I just want to make sure I understand you. This is a combined two positions and if I understand you right, this was at savings of what we had paid before, correct? PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Yes, thank you Mr. President. That’s correct. MEMBER BARTON: Do you know what that amount is as far as the savings and what we saved before? SERVICE DIRECTOR PRICE: Roughly $40,000.00. MEMBER BARTON: And if we had to replace this position with one or possibly two, would that contract be in line or would we actually be looking at paying more out to do that? SERVICE DIRECTOR PRICE: If we hired a Chief Building Official and contracted out our plans review as we had done previously, my expectation would be that it, we would be at that same, we would increase our cost by probably about $40,000.00 just based on past experience. I think the previous Chief Building Official’s salary was $75,000.00, $79,000.00. With benefits you can add probably $15,000.00 to that plus we haven’t covered the plans review yet, so even though the number sounds high, you’ve got to keep in mind too that’s a gross contract amount. You know Miss Cavanaugh of course is having to claim taxes out of that. That’s pre-tax amount. I mean it’s a contract, you know. But I would expect that we would increase costs if we went back to a full-time Chief Building Official and then had to contract out for a Plans Examiner. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Any other questions Member Barton? Member Barton any other questions. MEMBER BARTON: No thank you. PRESIDENT SCHULMAN: OK, Member Hawk. MEMBER HAWK: I’m going to support this because I am looking at just the numbers on it. The numbers do make sense if we end up hiring a person and understand that the top salary paid for the (inaudible) could be updating $5,000.00 on our own Ordinance. We’re probably going to need the acceptance of $75 or $80,000.00 or higher to get someone with the qualifications that we need and add the package on to it that’s COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -751- MINUTES OF THE MEETING NOVEMBER 22, 2010 much higher than $15,000.00, could be as high as probably about 27% also the plans clause could be very beneficial to us if we decide to cover (inaudible)...and consolidate within the year then sharing the cost of (inaudible) and we would not have to add an unemployment package if we chose not to go with ...(inaudible). These numbers make good sense to me. They’re prudent and I had the same questions but I became satisfied and feel that we are being responsible, fiscally responsible with this. PRESIDENT SCHULMAN: Thank you Member Hawk. Leader Dougherty. MEMBER DOUGHERTY: Mr. President if you’d have asked me a couple of months ago I probably wouldn’t support this but I’m going to support this tonight. I think some changes, the problems I had with her and how she handled things have changed for the good and so I’m going to support this. I think, you know, not to belabor this but, as Member Hawk said, you know if we wanted to do this consolidation thing, then this is the situation we need to be in so that we can go with the year contract with the option in 60 days to be out of it if that’s what we chose to do because we’re going in another direction. I think she’s in place. I’ve talked to different people, her employees like her, she’s fair and firm with things, how she handles things so, I kinda did that background check. I’m more concerned about that and how she manages. That’s very important to me. Thank you. PRESIDENT SCHULMAN: Member Cirelli do you have anything else you wish to say? MEMBER CIRELLI: I appreciate all the homework all the Council people’s done. I’ve done mine too. She manages 20 union and non-union employees. You know when the cats away the mouse will play. The mouses are playing, maybe people don’t want to acknowledge that, but here in our own office we have three full-time people and God bless Cindy, she manages two. And she’s full-time. I just think there’s a lot of things that are being, going under the carpet and what have you, being covered up and I really do not think that we should keep doing business as usual with a person we’re doing business. And I really think that it is an employer’s market. I think we could lower it, the price that we are paying and we would get people flocking here. Because I just read in the paper the other day that Massillon was advertising for a Director of a Museum and they had over 80 applicants so there are people out there I’m sure, that could fill this position so I don’t feel that we would go very long without having people come forward and even somebody serving in this capacity for less amount of money even on a part-time basis if that’s what this Honorable Body would chose. So I just wanted to state that. PRESIDENT SCHULMAN: OK, thank you Member Cirelli. Are there any other remarks under Ordinance 22? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 4 NAYS (Members Prater, Cirelli, Smuckler and West voted Nay) CLERK TIMBERLAKE: Eight yeas, four nays Mr. President. #22 ADOPTED AS ORDINANCE 221/2010 PRESIDENT SCHULMAN: Ordinance 22 is adopted. Ordinance 23 please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 222/2010 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 COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -752- MINUTES OF THE MEETING NOVEMBER 22, 2010 AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move we adopt Ordinance 23. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 23. 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. #23 ADOPTED AS ORDINANCE 222/2010 PRESIDENT SCHULMAN: Ordinance 23 is adopted. Ordinance 24 please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 223/2010 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 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 24. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 24. 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. #24 ADOPTED AS ORDINANCE 223/2010 PRESIDENT SCHULMAN: Ordinance 24 is adopted. Ordinance 25 please Madame Clerk. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 224/2010 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 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 25. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -753- MINUTES OF THE MEETING NOVEMBER 22, 2010 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE 224/2010 PRESIDENT SCHULMAN: Ordinance 25 is adopted. Ordinance 26 please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 225/2010 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: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 26. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. 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. #26 ADOPTED AS ORDINANCE 225/2010 PRESIDENT SCHULMAN: Ordinance 26 is adopted and we have completed the Ordinances for their 3rd and final Reading. 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 good sir. Finance Committee will meet at our next regular Council Meeting right here at Council Chambers, Monday, November 29th at 6:30 PM. PRESIDENT SCHULMAN: Thank you Chairman Hawk. MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -754- MINUTES OF THE MEETING NOVEMBER 22, 2010 PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Thank you. Member Smuckler. MEMBER SMUCKLER: Community Development will meet same time, same place. PRESIDENT SCHULMAN: Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader, I’m sorry, Mayor. MAYOR HEALY: Just one quick comment Mr. President. PRESIDENT SCHULMAN: Sure Mayor Healy. MAYOR HEALY: In our audience is David Armstead, David. Mr. Armstead. It’s the Mayor. How you doing? I was told by your Pastor to let you know that he missed you at church Sunday and he wants you to give him a call tomorrow, OK. Thank you, that’s it. PRESIDENT SCHULMAN: David this will probably be the last meeting you’ll ever attend. Because if he’s going to start doing that, we’re all in trouble. DAVID ARMSTEAD: OK, sir. PRESIDENT SCHULMAN: Yes Member Smith. MEMBER SMITH: I have somebody’s cell phone. PRESIDENT SCHULMAN: Anybody lose a cell phone. OK, any other Miscellaneous Business? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Before we do again, Happy Thanksgiving everyone. Drive carefully. Member Cirelli I will not be here next Monday so please don’t vote against me. Madame Clerk. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -755- MINUTES OF THE MEETING NOVEMBER 22, 2010 NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Happy Thanksgiving again everyone. (Gavel falls) ADJOURNMENT TIME: 8:24 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT