City Council

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -61- MINUTES OF THE MEETING FEBRUARY 7, 2011 PRESIDENT SCHULMAN: Welcome to Canton City Council. 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: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. (HAWK NOT IN SEAT FOR ROLL CALL) CLERK TIMBERLAKE: Eleven present. One somewhere around here. PRESIDENT SCHULMAN: Here he comes. CLERK TIMBERLAKE: Oh, he’s running. PRESIDENT SCHULMAN: OK, tonight we’re going to have our invocation given tonight by Ward 9 Council Member Brian Horner. Would you all please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on February 7, 2011 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Ward 9 Council Member Brian Horner. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Before we move into Agenda corrections and changes, the Mayor has asked for a couple of minutes because the Chief is here, Chief Rich and I know he has to get back to work tonight so, Mayor. MAYOR HEALY: Chief Rich if you would maybe come up to the podium and you’ve got a number of folks here from the Fire Department, you want to bring them with you. I’m going to just take a minute of your time and talk about what happened last week. We had obviously a crisis when it came to, with the weather that came through and it was something that was very unique. We don’t have this type of situation happen very often. We did have the Katrina storm that kind of blew a bunch of trees down several years ago and that’s probably the closest thing that we’ve come to, but with this it brought a lot of ice and with the ice a lot of things froze up. The trees crystalized and branches fell and took down a lot of wires and we had a number of things that had happened early in the morning. Warren Price did an unbelievable job. He got up about 11:00 and came downtown and discovered a lot of this, starting putting the action plan in place. We actually had a briefing the day before. I think Warren mentioned it at the Council meeting last week in reference to preparations for what may come but, the reason that I asked the Chief to come is because although I know that they were doing their job, this is something that goes way above and beyond the normal call of duty and what I have here today is a Proclamation for the Chief and the entire Fire Department to congratulation you and thank you for what you’ve done and I’m going to share a few things with the folks because it was about 1:00 in the morning and it, when the storm came through and at that point in time we had two of our Fire Stations had lost power and they were working on getting them set up with generators. We had two of our Water Plants down out of the three. We had a tree hanging on the fiber optics line at the Call Center, the 9-1-1 Center which could have taken the lines out. We had the lift station with the Waste Water Treatment Facility, the lift that actually pumps the waste to the plant, our largest lift station in Westbrook COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -62- MINUTES OF THE MEETING FEBRUARY 7, 2011 actually had no power and wasn’t able to transport anything so if that backed up we could have had serious problems there. A couple of our fire trucks had went off the road in the ice at that point in time. We were getting hundreds of calls through 9-1-1 and EMS and we realized that obviously we had something quite uniquely different going on. And that was just some of the stuff that was happening all when this thing hit. The Fire Department was responding unbelievably, professionally, great. I mean I’m so proud of you and what they’ve done but I wouldn’t normally give you a Proclamation for doing a great job because you do a great job everyday and all your men do and women. The Police Department worked like crazy through this. The Health Department responded unbelievably. They took the lead. Jim Adams is back there. He was a lead person with the County Coordination Team. We had so many people that were involved and we’re going to be doing a lot of thank you’s and congratulatory remarks but today I wanted to first give this Proclamation to the Chief and the entire Fire Department and if you could share this with your team and let them know that we are so proud and honored and thankful for what you’ve done. That’s the first thing that I want to do tonight. So Chief if you want to take yours. (APPLAUSE) And by the way, before you speak, not only did they handle the crisis but, I don’t know how many of your men and women actually volunteered down at the shelter for two, three days. Every time I went down there, I saw dozens of shirts with the Fire Department, people on their time off volunteering to help those folks so please go ahead. CHIEF STEPHEN RICH: Thank you Mayor for that recognition. And as always, it’s been an honor and privilege to serve the citizens especially in times of need like that and it’s good to be recognized and we’re proud to take care of that every time we can. And I’d just like to introduce Captain Sacco, Firefighter Will Willingham, they were on duty that night and it ice rained really hard that night and they did a good job. (APPLAUSE) MAYOR HEALY: Although there were so many different people, departments and folks that really stepped up above and beyond the call the of duty, I have one more tonight I wanted to share. And this is an individual who when the shelter became available showed up at the shelter was there to help and serve, was involved in helping organize, was involved in the kitchen preparing food, cooking. I’d stop down there probably half dozen times throughout the day as we were checking in and going through the process and then that evening and the next morning and throughout the whole second day. Go ahead and start laughing Chris. Chris Smith who actually didn’t have any power either, rather than coming down looking for help, she actually came down and was serving the people non-stop for more than two straight days and Chris I have a Proclamation, four straight days, I’m sorry. I have a Proclamation for you too for all that you’ve done. Again it was, it was special and I’ll tell ya everybody there was so grateful to have you and I wanted to just personally recognize you for that and if you want to say a few words. (APPLAUSE) Thank you. That’s all I have for tonight. We’re going to recognize a few more people tomorrow night at that meeting but and some others at the department levels and so on but again I couldn’t be more proud at how the entire work force for the city addressed this from the Street Department, the Safety Forces, Health Department, our legislative, elected officials. I’ll tell ya, it truly was a crisis situation and we came through it with flying colors. So I just want to congratulate everybody. Thank you. PRESIDENT SCHULMAN: Thanks Mayor very much. Thanks gentlemen. You do not have to stay. (Inaudible from the audience) Now get back to work. Thank you again for your hard work. (APPLAUSE) You have to stay Member Smith. You cannot leave. 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 5 through 8 and 10 through 15. Ordinance #9 will be Retained in Committee. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 5 through COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -63- MINUTES OF THE MEETING FEBRUARY 7, 2011 8, 10 through 15 with 9 being retained. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and so seconded. Are there 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: Thank you Madame Clerk. Rule 22A is suspended and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business, our Mayor’s Chief of Staff and the Service Director has a child that’s ill so Warren will not be here tonight so we have no Old Business unless the Mayor has anything more to say. OK. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have two speakers signed up this evening. Our first is Patricia Kirk. Miss Kirk if you’ll step forward and give us your name and residential address. And all those tree limbs that fell, I think you’ve been preaching to us that that’s one of the problems when you don’t take care of your trees. So good evening. Give us your name and residential address. PATRICIA KIRK: Yes good evening. My name is Patricia Kirk, President of Shake-a-Leaf and Downtown Central. I live at 131 5th Street. These past few weeks have been fun haven’t they. And I’m sure they’re all reminding you about how the trees need to be taken care of. Perhaps we would not have experienced that disaster if we’d have paid attention earlier. You’ve only seen one of me up here and in the Shake-a-Leaf members the closest thing to what we have as a Tree Commission right now, we do not have one because we don’t have a Tree Ordinance but this is a partial list of the members and even if you took everybody off of here that’s sitting up here tonight, there’s over 70 members. These are people that are interested in this. Also, this little tiny booklet here is the street tree inventory of Hartville Village. I think it’s about their second one so they knew what they were doing. It took them five years. They’ve very proud of this. In the back of the room, you’ll see a little tri-fold which was part of my senior homework of the Tree Commission Academy which is, you’re going to be hosting it in 2012 by the way, and it is very worth while and it is made for you. But I took satellite, or there’s satellite images of that small little tree inventory that I took of four situations in the city of Canton. I thought it would take three hours. Five days. For three people but it has just your basic information in there. Also the tree inventory. We were going to pass it in 2006. We took six months for a committee of people, experts and a city manager and local people here to put it together. This is not it. These are all the drafts. You’re going to be getting a new one. Shorter, it’s going to have definitions, it’s going to have explanations in the form of footnotes and it’s going to be almost fun to read and we need to pass it in like an emergency. Without that you won’t have a Tree COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -64- MINUTES OF THE MEETING FEBRUARY 7, 2011 Commission. Without that you can’t even make a start, but you shouldn’t have any questions but you know what, if you do I’ve given Mr. Martuccio permission to hand out my phone number if you do. I can get in touch with Ohio Department of Natural Resources and also cities that have actually offered their help. How is Canton doing? Is there anything we can do to help? So don’t feel like you’re fish out of water, just get this thing passed. It’s already written. Thank you so much. PRESIDENT SCHULMAN: Thank you Miss Kirk, as always. Our next speaker is Alice Sarver who needs no introduction but none the less. Alice if you’ll give us your name and your residential address please. ALICE SARVER: My name is Alice Sarver and I live at 1225 41st Street. My concern and consideration tonight is the status of the FEMA Fire Prevention Grant that was passed by City Council on May 24, 2010. That’s nine months ago and that was not to exceed $116,000.00. I would like this to be considered as Old Business accounting for the funds and requirements of the grant itself. This is a city wide distribution of smoke detectors and fire extinguishers for all city residents who own their homes. So all Council Members will benefit their constituents if this grant is handled in the most productive way. My research has revealed this, March 28, 2011 is the date this grant must be accounted for. 1,000 smoke alarms have been purchased and distributed at the bid price of $16.49 per unit and perhaps some of you would like to write these figures down and check my totals, for a total of $16.490.00. 14,000 are to be purchased in the near future for a cost of $23,086.00 for a total of $39,576.00. Now my research also did this, I checked model # SA750CN which was the smoke detector and that could have been purchased retail at Home Depot for $12.97 times 2,400 units for a cost of $31,128.00 which would have saved $8,448.00. 1,000 fire extinguished were purchased at $29.81 per unit for a total of $29,810.00 and I did not have the model number on that to do my shopping. The total spent so far, is $69,386.00. This leaves $46,614.00 still available for additional supplies. All Council Members, the Administration and the Finance Committee need to make a determined effort to be accountable for this grant money and address the issue in the next few weeks under Old Business and Safety Director Ream, I would suggest that you be in charge of that. Thank you. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Thank you both for your illuminating information, we appreciate it. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have no Informal Resolutions this evening. 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 FEBRUARY 7, 2011. 43. AUDITOR MALLONN: MONTHLY RPT BY FUND 1/1/11 - 1/31/11. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -65- MINUTES OF THE MEETING FEBRUARY 7, 2011 44. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/11 - 12/31/11. - RECEIVED & FILED 45. DEVELOPMENT DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W/TRINITY GOSPEL TEMPLE TO PROVIDE GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $25,000.00 FOR A FOOD VOUCHER PROG RETRO 1/1/11 - 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT & FINANCE COMMITTEES 46. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO ENTER INTO A CONTRACT W/STARK STATE COLLEGE TO LEASE AVAILABLE SUBFLEETS ON THE CITY’S 800 MHZ COMMUNICATION SYSTEM TO ASSIST ANOTHER POLITICAL SUBDIVISION IN IMPROVING ITS RADIO COMMUNICATION AND PROVIDE ENHANCED REVENUE TO THE CITY. - FINANCE COMMITTEE 47. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY-INS FOR AMBULANCE LOCK BOX ACCT FOR JANUARY 2011. - RECEIVED & FILED 48. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JANUARY 2011. - 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. Madame Clerk would you please read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #4 FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY $171,403.78 TO MOTOROLA SOLUTIONS, INC. AND $46,223.10 TO B&C COMMUNICATIONS, INC. FOR THE CITY’S SHARE FOR THE MAINTENANCE OF THE DISPATCH CENTER EQUIPMENT AND PORTABLE RADIOS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (CADET FIREFIGHTER/PARAMEDIC & PROBATIONARY POLICE OFFICERS) Referred to Personnel & Judiciary Committees #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR STOP-LOSS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -66- MINUTES OF THE MEETING FEBRUARY 7, 2011 INSURANCE FOR CITY EMPLOYEES AND THEIR DEPENDENTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO DONATE AN INDUCTIVELY COUPLED PLASMA-OPTICAL EMISSION SPECTROMETER TO THE CITY OF ASHTABULA WASTEWATER FACILITY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second Reading. Would you please begin with Ordinance #5 Madame Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #5 THROUGH #8 AND #10 THROUGH #15 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #9 RETAINED IN COMMITTEE): #5. (2ND RDG) AN ORDINANCE VACATING A PORTION OF 19TH STREET NW; AND DECLARING THE SAME TO BE AN EMERGENCY (JEFF FEDORKO - WEST FROM FULTON RD) #6. (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 (PARCEL #02-00706, PAUL SLENTZ ON KENNET CT NW) #7. (2ND RDG) AN ORDINANCE SUSPENDING ALL TRAVEL UNLESS RELATED TO GRANTS, MANDATORY CERTIFICATION, LICENSING OR TRAINING, OR LEGAL PROCEEDINGS; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) ADOPTED AS ORDINANCE NO. 19/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($168,500.00/$198,080.00 - HEALTH DEPT) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 8. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance #8. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -67- MINUTES OF THE MEETING FEBRUARY 7, 2011 Any remarks under this motion? Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader you’ve heard the three readings. 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 questions 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. #8 ADOPTED AS ORDINANCE NO. 19/2011 PRESIDENT SCHULMAN: Motion carries and Ordinance #8 is adopted. Ordinance #10 please. #9. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT THE VOLUNTARY LABOR AND DONATIONS PROVIDED BY KENT STATE UNIVERSITY’S FACULTY, STUDENTS AND PRIVATE DONORS FOR RENOVATIONS AT THE EDWARD “PEEL” COLEMAN COMMUNITY CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (POLICE DEPT) #11. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A PROJECT SAFE NEIGHBORHOOD GRANT IN AN AMOUNT NOT TO EXCEED $10,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AMOUNT NOT TO EXCEED $212,100.00 TO PREMIER TRUCK SALES; AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -68- MINUTES OF THE MEETING FEBRUARY 7, 2011 #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE PURCHASE/LEASE AND/OR UPGRADE OF VARIOUS NEW AND/OR USED VEHICLES; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ALTERNATIVELY PURCHASE/LEASE SAID VEHICLES PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($700,000.00) #14. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1311, HOME IMPROVEMENT, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (EPA’S LEAD RENOVATION, REPAIR & PAINTING RULE) #15. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (12TH ST N CORRIDOR PROJ, GP1098, $735,139.20/$620,362.80) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for the Third and Final Reading and vote. Would you please being with the only one, #16. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #16 FOR ITS THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 20/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, IS AMENDED BY MAKING THE APPROPRIATION REDUCTIONS AND SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (TO CONTINUE TO OPERATE CITY EFFICIENTLY) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Are there any remarks? Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we amend Ordinance 16 per the copy in front of all Members of Council. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -69- MINUTES OF THE MEETING FEBRUARY 7, 2011 Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 16 by the substitution of the attached, revised Exhibit A for the Exhibit A attached to the ordinance pending before Council. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 16 by virtue of the copy before each Member of Council. Are there any remarks? By voice vote then, all those in favor signify by saying aye. Those opposed. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. The Ordinance is amended.. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 16 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance 16 as amended. Are there 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. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 20/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #16 as amended is adopted. That concludes the Ordinance part of the meeting. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Let me back up the microphone a little bit here. The Finance Committee will meet Monday, February 14th, Valentine’s Day at 6:45 PM right here in Council Chambers. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet the same time, same place, same Ordinance. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -70- MINUTES OF THE MEETING FEBRUARY 7, 2011 MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: Personnel will meet Monday, February 14th at 6:45. PRESIDENT SCHULMAN: Thank you. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: OK, we’re now under Miscellaneous Business. Is there any Miscellaneous Business? SAFETY DIRECTOR REAM: Mr. President. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Reference of FEMA grant. For reference that was used to purchase the fire extinguishers and smoke alarms. We got quite a few of them cheaper than what was originally anticipated. We presently have an order in for more and they’re using and diverting part of that money for other equipment needs within the Fire Department that fall under the guidelines of that grant, however if this Council would wish I will bring members of the Fire Department responsible for overseeing that grant here for a further explanation if you deem it necessary. Thank you. PRESIDENT SCHULMAN: Thank you Director. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Mrs. Kirk, Miss Kirk, thank you again for your reminders. I think the falling of ice laden trees is a keen reminder that we were fortunate first of all that there weren’t any fatalities or major injuries but it’s a strong reminder. For those of you on Council who are interested, the Ordinance is about 95% re-written. Miss Kirk and the Ohio Department of Natural Resources have been very helpful. We’ll bring it back in a form that doesn’t require the immediate spending of any funds however, the creation of the Tree Commission could be to some accounting of all the work that’s been contributed by the city and other folks. It could add up to make us eligible for grants hopefully and maybe let us request some volunteers from nearby universities to assist us in a tree inventory. But make no mistake about it, once the inventory is completed, there will be trees that will have to come down and it will be expensive but not as expensive as tragedies. So I want to thank Mrs. Kirk for being our conscience. I also wanted to say that all three branches of government were actively involved last week during the ice storm. Judiciary won’t hold anybody accountable if they failed to come to court for their arraignments. They’ll get a free pass to come back and take care of court business. Get out of jail free, sort of. But the legislative branch, I know Member Smith and Member Smuckler were actively involved in bringing nutrition, protein. In Member Smuckler’s case to the folks at the center. I know that Derek Gordon was working the phones starting at 2 in the morning and that Katie was driven here by Alliance, from Alliance by her husband at 2 in the morning through the ice storm to man, to woman the phones. Please don’t let me mix my genders up. But the Safety and Service forces were incredible. All of you saw I’m sure in your Wards an amazing amount of damage and potential damage that these folks were working 12, 18 hours or longer to deal with in terms of Street. I know Mr. Monroe was engaged in a battle with Morton Salt Company that is still waging I think. So again everyone I think realized how important it was to plan and carry out and volunteer their time. And to all COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -71- MINUTES OF THE MEETING FEBRUARY 7, 2011 of you who did that, thank you so much. PRESIDENT SCHULMAN: Thank you Law Director. Any other remarks? Member Smith. MEMBER SMITH: Yes Mr. President I know that Mayor sent out a lot of thank you’s and so forth but I’d really like to commend the Mayor’s administration being down there and seeing it first hand and also with the Mayor riding around the city and assessing a lot of the damages. I thought that that was highly recommendable and commendable the way they stood up also. And I’d also like to thank, you know I’ve never realized in a case of emergency how the community really comes together. Restaurants, Dave Dougherty came down and Dave we enjoyed your wieners that you brought down. They were not regular hot dogs, they was those bratwurst, good wieners and also to Smuckler. Those hamburgers was great. We enjoyed them. And you know Maria at the Arcadia, she was the first person to step up to the plate. I mean she rigatoni, soup, everything you wanted and then if it was more and Fisher Foods, just to name a few. Esber’s, Desert Inn. I mean one thing I can say, although I was out of power, we ate good and I enjoyed doing what I was doing. I had the opportunity to stay with my son but I just felt like wasn’t no need of sitting around that I would rather volunteer and help, especially knowing what predicament those people were in. But I’d just like to commend the community and the city because that was a job outstanding in that case of emergency. (APPLAUSE) PRESIDENT SCHULMAN: Great job. Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Just so you know Chris, Clerk also donated but she never likes to, anybody to know that stuff. MEMBER SMITH: Thank you Cindy. CLERK TIMBERLAKE: Your welcome. Thank you Dave. PRESIDENT SCHULMAN: Anything else? MEMBER BUTTERWORTH: Mr. President. PRESIDENT SCHULMAN: Oh, I’m sorry. Member Butterworth. MEMBER BUTTERWORTH: For Safety Director. Could we get a break down for that grant? Could we get it emailed to us even? SAFETY DIRECTOR REAM: Sure. MEMBER BUTTERWORTH: For the FEMA grant. SAFETY DIRECTOR REAM: Sure. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -72- MINUTES OF THE MEETING FEBRUARY 7, 2011 MEMBER BUTTERWORTH: Thank you. PRESIDENT SCHULMAN: Great. Any other remarks? Leader. MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Drive carefully everyone. The meeting is adjourned. (Gavel falls) ADJOURNMENT TIME: 8:08 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT