City Council

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -663- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: Good evening ladies and gentleman and welcome to Canton City Council. We’re excited tonight, we’ve got a number of recognitions and commendations of our great firefighters and our wonderful Fire Department and a young man who wrote a terrific essay who has a really cool name, Kohl Craig. That will go... (APPLAUSE). So with that being said, with a quorum being present the Chair calls this meeting of Canton City Council to order. Roll call vote please, Madame or roll call please Madame Clerk. CLERK TIMBERLAKE: Well let me start with Horner, no. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER SMUCKLER ABSENT) CLERK TIMBERLAKE: Eleven present Mr. President. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader Dougherty I’ll recognize a motion to excuse Member Smuckler from this evening’s meeting. MEMBER DOUGHERTY: Mr. President, I move we excuse Member Smuckler. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we excuse Member Smuckler from this evening’s meeting. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven present, one absent Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. I just asked our Law Director, you know, where Bill was tonight and he said is it some kind of a religious holiday and I said no it’s Halloween. So, in any case... MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: We’re going to have our invocation given tonight by Assistant Majority Leader, Terry Prater. If you’ll all please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on October 31, 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 5 Council Member Terry Prater. The Pledge of Allegiance led by President Schulman. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -664- MINUTES OF THE MEETING OCTOBER 31, 2011 AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Prater. We’re now under Agenda Corrections and Changes. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 7 through 10. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to add the 2nd Reading of Ordinances 7 through 10. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Motion carries and Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. It’s my understanding that the Chief of Staff, Warren Price has no Old Business to discuss with us so that moves us to Public Speaks. PUBLIC SPEAKS PRESIDENT SCHULMAN: We have one speaker signed up this evening and I’d ask Randy Shafer to step forward and good evening, welcome, and Mr. Shafer if you’ll give us your name and your residential address please. RANDY SHAFER: Randy Shafer. I actually live at 703 Somerset SW, Canton. I represent the 11th Street Church of God at 3026 11th Street SW as well as the future home of the Faircrest of God which is at 3151 Faircrest SW. That’s a lot of addresses. PRESIDENT SCHULMAN: It is but good evening. RANDY SHAFER: What I wanted to share briefly, if I may just some information then I have three questions that I hope can be answered tonight or in the near future. It was reported by the Canton Repository on January 9, 2003 an annexation and economic development agreement between the city and township got a luke warm reception at best during a public hearing Wednesday night. About 300 people attended the meeting at Faircrest Middle School to discuss the cooperative economic development agreements that was just a portion of that. Canton did in fact annex 885 acres of land in August of 2003 for the primary purpose of developing the Mills project. Commitments were made that have not been followed through on to this day which is 8 years later. I can still hear in my head the words that were spoken to us as a congregation and to myself COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -665- MINUTES OF THE MEETING OCTOBER 31, 2011 personally when we were being courted to support the annexation so that in fact that Mills project could take place. You will have water in one year and sewer within two years. Again sighting the, by the Repository that the 2011 State of the City address, a portion of that says, Medline Industries the largest manufacturer and distributor of health care supplies in the nation now has a new $13,000,000.00 Distribution Center at Mills Industrial Park. They currently employ over 80 people and already have helped to attract more tenants to the park. Old Dominion, a trucking company, is building a 64 freight terminal at the Mills Industrial Park. When the facility is finished, it will host around 35 more jobs. Then I will jump to a City Council Communication dated March 11th of 2010 which was put forth by Councilman Terry Prater and Councilman Bill Smuckler. February 3, 2003 Canton City Council passed Resolution 18/2003, statement of services that guarantees water and sewer services would be provided to the 11th Street Church of God after the Faircrest Annexation which passed as an Ordinance #172/2003 on August 11, 2003. It goes on to say, 7 years have now passed and nothing has been followed through according to the agreement which was committed to at that time of passage. Therefore we respectfully request an Ordinance be drafted authorizing the Service Director to advertise, receive bids and enter into contract to provide both water and sewer services to the 11th Street Church of God pursuant of 0148/2003. This Ordinance will need to go into effect at the earliest time permitted by law. Thank you for your attention in this matter. This was sent to the Law Department which raises my first question. Since we are nearly or over almost a year and a half later now, what is the status of this Ordinance at this time because it seems to have been put into limbo for all of this time and nothing has seemed to happen from it. I’ll go on and you can answer that later if you’d like. The second part is this. I had a communication to my office, this was a followup to a meeting that we had, had nearly a year ago. It was based, the communication came November 9, 2010. My secretary received a call from Fonda Williams, a worker in the office of Warren Price, Service Director. They wanted us to know that an engineering firm is currently doing a study on the cost of water lines in the Faircrest Church area. Best guess is that the report won’t be ready until after the first of the year and my secretary asked that a copy of all reports be sent to us as a followup which is also a followup to the meeting that we had, had previous to that with several of the Councilmen and the administration. So my second question is, nearly a year later I ask what is the status and how is that, has is been completed and is it available that report to our church. Moving on, it’s my opinion that people want their elected officials to be leaders of high moral standards, leaders of integrity and leaders who quite simply to put it simple, do the right thing. Third and final question. Are you going to be leaders of high moral integrity and leaders who do the right thing because all I’ve seen for 8 years is how people have side stepped the issue of providing what was in the document and the annexation 8 years ago. I understand economic issues but it seems like we’re putting more of our energy into finding loopholes than we are into finding solutions. So that’s my third question and I ask this question partly whether we’re going to be people of high moral character, people of integrity and people who do the right thing because I was informed by one of my parishioners just recently that one of your ranks told her that we would never have the sewer and water at our Faircrest Church and that’s quite a disservice. Thank you. PRESIDENT SCHULMAN: Thank you very much Mr. Shafer. (APPLAUSE) And I would ask if you have the opportunity and the time tonight, if you could stick around until the end of the meeting, Law Director Martuccio, I think will have some encouraging news to give to you or you can see or call him tomorrow. OK, thank you very much sir. We appreciate it. And that concludes Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Moving now to Resolutions which I mentioned before the meeting. We’re excited to have our firefighters here and honor them, as well as the young man who wrote the great essay so COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -666- MINUTES OF THE MEETING OCTOBER 31, 2011 Madame Clerk let’s begin with Informal Resolution 31. #31. COUNCIL-AS-A-WHOLE: HONORING & COMMENDING 2011 STARK COUNTY FIREFIGHTER OF THE YEAR CAPTAIN CHARLES DAY. - ADOPTED PRESIDENT SCHULMAN: Leader. LEADER DOUGHERTY: Mr. President. I move we adopt Resolution 31. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 31. All those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #31 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Resolution 32 please. Yes? (Inaudible comment) PRESIDENT SCHULMAN: Alright, sure. Madame Clerk. CLERK TIMBERLAKE: Resolution 31. Whereas, Charles Day, Captain for the Canton Fire Department was named 2011 Stark County Firefighter of the Year at the 46th annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 11, 2011 at Skyland Pines; and Whereas, Being with the Canton Fire Department since June 1990, Charles was promoted to Captain in February 1998. Captain Day was a Training Officer from June 2000 until April 2001. He received the Blue Coat Award in 2008 and currently heads the Last Alarm/Funeral Committee for Local #249; and Whereas, Captain Day is recognized and commended on this day for his efforts in planning and organizing the Remembrance Ceremony held at the McKinley Monument which was touching and memorable; and Whereas, Captain Day recruited firefighters from surrounding areas and brought our communities together to share in the remembrance of September 11, 2001. Now Therefore be it Resolved: that we, the Members of Canton City Council do hereby go on public record honoring and commending 2011 Stark County Firefighter of the Year Captain Charles Day for his countless hours planning and organizing every little detail for the Remembrance Ceremony and ensuring that the ceremony was one of honor and dignity. (APPLAUSE) PRESIDENT SCHULMAN: And now Madame Clerk, Informal Resolution 32 please. CLERK TIMBERLAKE: Whereas, Captain Steve Henderson, a firefighter for the Canton Fire Department since May 18, 1998 was named 2011 Canton Firefighter of the Year at the 46th annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 11, 2011 at Skyland Pines; and Whereas, Firefighter Henderson was promoted to Captain on March 1, 2010. Prior to that, Steve implemented the Technical Rescue and Operation Team in 2006. He was the TROT Coordinator from 2006 to 2011. Captain Henderson has been the Control Officer for the Stark County Hazmat Team from 2007 to present and Whereas, On August 15, 2011 COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -667- MINUTES OF THE MEETING OCTOBER 31, 2011 Captain Henderson along with Captain McCarthy and Captain Reed aided in physically restraining a combative man who was threatening to jump from a billboard walkway that was approximately 100 feet in the air; and Whereas, In the course of this conflict, Captain Henderson risked his life and endured minor injuries as he struggled 100 feet in the air. Now Therefore be it Resolved: that we, Members of Canton City Council do hereby go on public record recognizing and commending 2011 Canton Firefighter of the Year Captain Steve Henderson for his courageous actions in the line of duty. Congratulations and thank you for your hard work and dedication to the citizens of Canton. (APPLAUSE) PRESIDENT SCHULMAN: All those in, I don’t think we did this. MEMBER DOUGHERTY: I move we adopt Resolution 32. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 32. All those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #32 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Resolution 33 please. CLERK TIMBERLAKE: Whereas, Captain Daniel Reed, a firefighter for the Canton Fire Department since July 6, 1993 was named 2011 Canton Firefighter of the Year at the 46th Annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 11, 2011 at Skyland Pines; and Whereas, Firefighter Reed was promoted to Captain on March 11, 2011. Prior to that Dan was the President of Union Local #249 from 2006 to 2008. Currently Captain Reed is the Rope & Confined Space Coordinator for the Technical Rescue Operations Team; and Whereas, On August 15, 2011 Captain Reed along with Captain McCarthy and Captain Henderson aided in physically restraining a combative man who was threatening to jump from a billboard walkway that was approximately 100 feet in the air; and Whereas, In the course of this conflict, Captain Reed risked his life and endured minor injuries as he struggled 100 feet in the air. Now Therefore be it Resolved: that we, Members of Canton City Council do hereby go on public record recognizing and commending 2011 Canton Firefighter of the Year Captain Daniel Reed for his courageous actions in the line of duty. Congratulations and thank you for your hard work and dedication to the citizens of Canton. (APPLAUSE) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 33. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 33. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #33 PASSED BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -668- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: The ayes have it, the motion carries. Resolution 34 please Madame Clerk. CLERK TIMBERLAKE: Whereas, Captain Kevin McCarthy, a firefighter for the Canton Fire Department since October 16, 1995 was named 2011 Canton Firefighter of the Year at the 46th Annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 11, 2011 at Skyland Pines; and Whereas, Firefighter McCarthy was promoted to Captain on April 26, 2007. Captain McCarthy received the Star of Life Award in 2007 and 2009; and Whereas, On August 15, 2011 Captain McCarthy along with Captain Henderson and Captain Reed aided in physically restraining a combative man who was threatening to jump from a billboard walkway that was approximately 100 feet in the air; and Whereas, In the course of this conflict, Captain McCarthy risked his life and endured minor injuries as he struggled 100 feet in the air. Now Therefore be it Resolved: that we, Members of Canton City Council do hereby go on public record recognizing and commending 2011 Canton Firefighter of the Year Captain Kevin McCarthy for his courageous actions in the line of duty. Congratulations and thank you for your hard work and dedication to the citizens of Canton. (APPLAUSE) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 34. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 34. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #34 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Ordinance or Resolution 35 please. CLERK TIMBERLAKE: Whereas, Kohl Craig, a 10 year old fourth grade student at McGregor Elementary school was the fourth grade essay winner at the 46th annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 11, 2011 at Skyland Pines; and Whereas, All fourth graders from Canton City Schools were offered the challenge of writing an essay regarding “Protecting your family from fire”, a theme selected by the State Fire Marshall; and Whereas, On July 15, 2010 Kohl’s family had a fire in their home. Kohl knows firsthand how important family is and how you need to have properly working smoke detectors and a plan of action for when a fire occurs; and Whereas, Kohl’s personal life experience shined through in his essay and he was chosen as the fourth grade essay winner. Now Therefore be it Resolved, that we, Members of Canton City Council along with his father, Bill, mother, Kathy and sister, Avena do hereby go on public record commending and congratulating Kohl Craig for being the 2011 fourth grade essay contest winner for the Fire Prevention Week Breakfast. (STANDING OVATION) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President I move we adopt Resolution 35. MEMBER PRATER: Seconded COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -669- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 35. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #35 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the Resolution carries. Leader. MEMBER DOUGHERTY: I was at the breakfast and it was exciting when you sat up there and read your letter so I want to make you do it one more time, OK? Step up here so... KOHL CRAIG: My family is so important to me. We already had a fire in our home. Thank God nobody got hurt. The fire was at 11:00am. I will never forget that day as long as I live. It was very scary. Things I learned from the fire include: never go into the house if you see smoke or fire, make sure you have smoke detectors and they work. You should check them once a month. Make a getaway plan for exits of your house. Remember you can always buy new toys. Your life is more important, and so are the lives of your family. (APPLAUSE) CLERK TIMBERLAKE: That was good. MEMBER DOUGHERTY: Kohl that was really good and I think we all learned a little bit from that. I’m glad you wrote that and won and I’d like on behalf of Canton City Council present this to you. (APPLAUSE) Captain Day, how you doing. I was glad I was at the breakfast. The event you put on was great and it’s, you organized that, did a great job with it. I know you had a lot of help but also, you know, there’s a couple reasons why we got to keep doing that, having these events and we don’t ever want to forget and the healing process is still going on for a lot of people so, that event helps that tremendously so on behalf of Canton City Council you can be very proud and we are very proud of you. Thank you. (APPLAUSE) You three gentlemen, three more Captains. Captains are leading the way, it’s great, but again when I heard the story a couple of words came to mind. One of them was teamwork. I think chemistry’s there. You guys working together all the time, you know each other. Dedication. You guys did an outstanding job saving his life and yours during that situation. You can be very proud and I know I am and I can speak for all of us here in City Council saying congratulations. (APPLAUSE) DANIEL REED: I’d just like to thank everybody for their support of us in the Fire Department. Thank you. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Leader and I think we would be remiss if we did not recognize the families without whom none of this I’m sure, would have occurred. You’ve got great families which are always looking out for you so let’s hear it for the families of the recipients. (APPLAUSE) Thank you again and by the way, we say this almost every meeting. You will not upset us or be disrespectful if you want to take off. You’re more than welcome to leave. I’m sure you’ve got better things to do. Thanks again and thank you for your service and your courage. (APPLAUSE) Kohl you have to stay the entire meeting, I’m sorry. (LAUGHTER) Thank you very much. We are now on Resolution 36 please. #36. CNCL MBRS DOUGHERTY, PRATER, COLE, SMUCKLER, HAWK, WEST, GRIFFIN, SMITH, BARTON, BUTTERWORTH & HORNER: SUPPORTING ISSUE 27 CANTON CITY SCHOOLS LEVY. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -670- MINUTES OF THE MEETING OCTOBER 31, 2011 LEADER DOUGHERTY: Mr. President I move we adopt Resolution 36. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you pass Resolution 36. Any remarks? Hearing none, by voice vote all those in favor.... MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, I’m sorry Member Cirelli. MEMBER CIRELLI: This is a very hard issue for me. I have before me the article that was in The Canton Repository and then Eric Resnick sent something to me also and you know, it’s always about the kids but by the same token, you have to evaluate where the information comes from. Now if memory suits me right, Michelle Gardell applied for a position some time ago to leave as head of the Superintendent of Canton City Schools and then we had two Board Members that didn’t even garner enough signatures correctly to be able to be renewed onto the levy which gave me some concerns. Now this levy is a 7.9 mill continuous levy and I understand they’re looking at the fact of cuts from the state and the federal government but, and I could live with the fact that if and when the state and federal government would return monies to us, because I want to believe that will happen, then this levy would fall off but it’s a heavy levy for the burden of the people in our community that are all having a time struggling. Now in it is said, it said that for a $100,000.00 home it would cost and additional $241.00 per year. Well I kind of broke it down to $50,000.00, that’s what I’m thinking most average homes in the city of Canton would be, that’s a $120.50 a year. That’s a lot of money for a lot of our constituents. I’ve searched my soul and done everything I possibly could to try and justify passing this but I’ve sort of lost the trust in the issue and so therefore, I cannot support it, cause I adamantly am, if anybody knows me, generally I’m against taxes, fines and fees and levies and unless they can really justify them to me. Thank you sir. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? Hearing none, by voice vote, all those in favor of Resolution 36 indicate by saying aye, those opposed no. NO REMARKS RESOLUTION #36 PASSED BY VOICE VOTE (MEMBER CIRELLI VOTED NAY) PRESIDENT SCHULMAN: The ayes have it, the motion carries. Resolution 36 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications have been received as something. I don’t normally do this everyday. As required by state law. I knew I missed something. We are now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED OCTOBER 31, 2011. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -671- MINUTES OF THE MEETING OCTOBER 31, 2011 377. FINANCE DIRECTOR DIRUZZA: REQ AMEND O#245/2010 WITH SUPP APPROPS, APPROP TRANSFERS & INTER-FUND TRANSFERS (NECESSARY TO CONTINUE TO PAY SELF FUNDED CLAIMS ACTIVELY FOR REMAINDER OF YEAR). - FINANCE COMMITTEE 378. MAYOR HEALY: ADVISING OF APPT OF SCOTT WARNER TO CIVIL SERVICE COMMISSION COMMENCING EFFECTIVE 10/31/11 - 12/31/11. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Now we turn to First Reading Ordinances. 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 read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1 THROUGH #6 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE ESTABLISHING AN ILLEGAL GUN INTERDICTION AND REDUCTION PROGRAM; APPROPRIATING $35,000.00 TO THE POLICE DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (CONTINUED OPERATION OF THE CITY) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (FUND MOTOR VEHICLE DEPT) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A GRANT FROM THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AN AMOUNT NOT TO EXCEED $49,600.00 FOR THE POLICE DEPARTMENT; TO RATIFY ANY AGREEMENT ENTERED INTO WITH THE STARK COUNTY COMMISSIONERS REGARDING THE DISTRIBUTION OF GRANT FUNDS; AND AUTHORIZING THE AUDITOR TO RENAME FUND 2769 FROM THE 2006 BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT TO THE 2011 BYRNE LOCAL SOLICITATION GRANT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -672- MINUTES OF THE MEETING OCTOBER 31, 2011 MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO REPAIR OF THE RAFF ROAD BRIDGE OVER U.S. 30; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement & Public Safety & Thoroughfares Committees ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now on Ordinances and Formal Resolutions for their Second Reading. Would you please begin with Ordinance #7 Madame Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #7 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS): #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) A 2012 CONSOLIDATED ACTION PLAN FOR THE 2012 COMMUNITY DEVELOPMENT BLOCK GRANT, 2012 HOME INVESTMENT PARTNERSHIP, AND 2012 EMERGENCY SHELTER GRANT PROGRAMS; RATIFYING SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE THREE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AND DECLARING THE SAME TO BE AN EMERGENCY ($6,000.00 - 2314 CHILD & FAMILY HEALTH FUND) #9. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON (LAW DEPARTMENT, CRIMINAL & CIVIL DIV) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE PURCHASE OF VARIOUS VEHICLES FOR THE STREET DEPARTMENT; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT AND/OR OHIO DEPARTMENT OF TRANSPORTATION PURCHASING AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -673- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for their Third and Final Reading and vote. Madame Clerk would you please begin with Ordinance 11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #11 THROUGH #18 FOR THEIR THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (3RD RDG) RECONSIDERED AND AMENDED AS ORDINANCE NO. 179/2011 AN ORDINANCE DECLARING 4 BUILDINGS TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I make a motion that we reconsider Ordinance 179/2011 adopted 10/17. MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rules 41 and 36, I move to reconsider and amend Ordinance No. 179/2011 by substituting the original Exhibit A with the attached Exhibit A, in order to correct one number in one address. PRESIDENT SCHULMAN: It’s been moved and seconded that you reconsider Ordinance 179/2011 which was adopted on October 17th, 2011. Are there any remarks? Hearing none... MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Could we have the Law Director explain what the amendment is concerning sir? PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Yes Member Cirelli, this is a combined reconsideration and amendment of an Ordinance that was passed last week. The reason to reconsider an amendment is a one digit error in one of the addresses on one of the properties. It’s a one digit error on one of the properties. Thank you. PRESIDENT SCHULMAN: Any other questions? Madame Clerk roll call vote please on the motion. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -674- MINUTES OF THE MEETING OCTOBER 31, 2011 CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, the motion carries. Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we amend this Ordinance per the copy in front of all Council Members. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 179/2011 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote, all those in favor of the 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 Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt this Ordinance as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 179/2011 as amended. Are there any remarks under this Ordinance as amended? Hearing none, Madame Clerk roll call vote please. CLERK TIMBERLAKE: Eleven yeas Mr. President. #11 RECONSIDERED AND AMENDED AS ORDINANCE NO. 179/2011 PRESIDENT SCHULMAN: Motion carries and Ordinance 11 as amended is adopted. Ordinance #12 please. #12. (3RD RDG) ADOPTED ORDINANCE NO. 185/2011 AN ORDINANCE AMENDING SECTION 105.06, MINORITY CONTRACT PROVISION, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 12. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12. Any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #12 ADOPTED AS ORDINANCE NO. 185/2011 COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -675- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: Ordinance #12 is adopted. Ordinance #13 please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 186/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AND DECLARING THE SAME TO BE AN EMERGENCY ($16,000.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 501101 HUMAN RESOURCES ADMIN - PERSONNEL) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 186/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 is adopted. Ordinance 14 please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 187/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AND DECLARING THE SAME TO BE AN EMERGENCY ($110,000.00 FROM UNAPPROP BAL 2328 PHEP FUND TO 2328 PHEP - OTHER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 14. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 187/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk Ordinance 14 is adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 188/2011 AN ORDINANCE AUTHORIZING COUNCIL TO ACCEPT A DONATION IN THE AMOUNT OF $2,000.00 FROM COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -676- MINUTES OF THE MEETING OCTOBER 31, 2011 THE WEST PARK NEIGHBORHOOD ASSOCIATION FOR THE PURCHASE OF TWO SECURITY CAMERAS AND ASSOCIATED EXPENSES RELATED TO THE INSTALLATION OF THE EQUIPMENT; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 188/2011 PRESIDENT SCHULMAN: Ordinance 15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 189/2011 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO FILE AN APPLICATION TO THE STATE OF OHIO, DEPARTMENT OF DEVELOPMENT, TO SUPPORT AN APPLICATION FOR ASSISTANCE UNDER THE OHIO JOB READY SITES PROGRAM; AUTHORIZING THE AUDITOR TO ESTABLISH A FUND; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. 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. Any remarks? Leader. I think there’s an amendment on 16. MEMBER DOUGHERTY: Mr. President I move we amend Ordinance 16 per the copy in front of all Council. MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 16 by the substitution of the attached ordinance for the existing proposed ordinance. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -677- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: Thank you. It’s been moved and seconded to amend the Ordinance, 16 per the copy before each Member of Council. Any remarks? Hearing none, by voice vote, all those in favor of the motion, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 16 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16 as amended. Are there any remarks on the Ordinance as amended? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 189/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk, the Ordinance is adopted as amended. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 190/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FIFTEEN (15) YEAR POWER PURCHASING AGREEMENT WITH ENER-G SOLUTION PARTNERS FOR THE PURPOSE OF THE INSTALLATION OF SOLAR PANEL FIELDS ON CITY-OWNED PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 190/2011 PRESIDENT SCHULMAN: Ordinance 17 is adopted. Ordinance 18 please. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -678- MINUTES OF THE MEETING OCTOBER 31, 2011 #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 191/2011 RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 191/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk Ordinance 18 is adopted. That concludes Third and Final Reading votes. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now on to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you good sir. The Finance Committee will meet Monday, November 14, 2011 at 6:15 P.M. right here in Council Chambers. PRESIDENT SCHULMAN: And to remind everybody, we have no meeting next week because of the election. MEMBER HAWK: Thank you sir. PRESIDENT SCHULMAN: Any other announcements? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Public Safety and Thoroughfares same time, same place. PRESIDENT SCHULMAN: Thank you. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -679- MINUTES OF THE MEETING OCTOBER 31, 2011 MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE: Community & Economic Development will meet at the same time. PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet at that time on Monday. PRESIDENT SCHULMAN: Thank you very much. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? MEMBER SMITH: Mr. President. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Mr. President, I would just like to thank those Council Members that was unable to be there today for the groundbreaking ceremony. It was fantastic. I’d like to thank you for your support in this Spray Park. I’d also like for it to go on record to thank Corey Minor Smith because she played an important initative part in that also, then she passed the torch to Fonda Williams and I’d like to thank him so very much and the present administration. Thank you. PRESIDENT SCHULMAN: Thank you very much and congratulations. You did a great job on that and you deserve a lot of credit yourself. (APPLAUSE) I remember that. Chief of Staff Price. CHIEF OF STAFF PRICE: Yes, thank you Mr. President. I wanted to address and answer the three questions posed by Reverend Shafer of the 11th Street Church of God although it appears he’s.... PRESIDENT SCHULMAN: He left with the Fire Department. CHIEF OF STAFF PRICE: Alright, the first question he asked is what is the status of the Ordinance that he referenced that was passed some time ago and while passed with well, I mean the Communication was submitted I’m sure with good intentions from City Council, it was basically a Communication that authorized and directed me to do something that we just didn’t have the money to do. We’re all familiar with this issue, those of us in local government or Canton city government certainly ought to be. You know, Reverend Shafer’s is correct. I mean those promises were made. He has ample evidence that folks over the years have promised water and sewer directly to that property. Now in terms of the you know, actual legality of the issue and you know, what the CEDA says and what the actual controlling contracts and documents that are supposed to guide our actions, those say that we’re to provide water and sewer to the property. The property’s defined as COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -680- MINUTES OF THE MEETING OCTOBER 31, 2011 the entire annexation area and that there’s any water and sewer on that property arguably, we’ve met our legal obligation. Now would that be the right thing to do. No. It’s not because clearly over the years, initially I mean he was told that you’re going to get the water and sewer. It’s going to be you know, delivered onto your property and so in terms of you know, moral right and wrong, well doing the right thing would require getting water and sewer to that property. Now the problem with that is that I would have to imagine that no analysis could possibly have done what so ever back in 2003 when we made that commitment. Water no problem, 3 to $400,000.00. I know it sounds like a lot of money and it is but that’s something that we could manage. OK, but to run the sewer because sewers are run by gravity and there’s just no other way to do it other than to pour underneath of I77 or to take some other route and put a giant lift station in. The sewer is going to cost 2 to 3 million dollars. You can’t use sewer funds to extend sewer lines and that might sound odd but keep in mind that you and I and the rest of the city of Canton, all of us who have water and sewer service in the city, we’re the rate payers. We fund that operation and the idea in the state law is you can’t fund new sewer lines to the tune of 2 to $3,000,000.00 which would be probably 2 to 3% rate increase for all of our customers to fund 1 property owner sewer lines. Now that’s a matter of state law and so when the Ordinance came through, I’m sorry the Communication came down authorizing and directing me to run those lines, the problem was that the funding just simply didn’t exist so you would have been authorizing and directing me to do something that just can’t be done. OK, that’s the answer to the first question. What is the status of the Ordinance? I mean we could pass the Ordinance tomorrow. We could pass it tonight but the money is just not there to do the sewer which is the most important component. For a reasonable price, they could probably build a well, get their own water but the problem is going to be sewage treatment because the 11th Street Church of God is, compared to what it is now, compared to what they planned to be is a much larger, much, much larger facility. That’s the status of the particular Ordinance. I just wanted to give you. The Communication in my, to his office November 9, 2010, that the Pastor referenced that an engineering firm was doing the study of the cost of the water lines, I’m not familiar with that. About that same period, I do know that following a conversation with Councilman Smuckler, we for the first time, a lightbulb went off and decided to look at this property and the term I’ll use, for lack of a better one is holistically. In other words, we’ve not seen the forest in there and among the trees. You’ve got the 11th Street Church of God which is ready to go with a new facility now, needs the water and sewer and we’ve been thinking, OK how can we possibly justify what might be $3,500,000.00 to get water and sewer to one church. Wrong way to look at it. How do we get infrastructure to this over 800 annexation area that could represent the future of city of Canton in terms of development. I mean we’re looking for, you know virgin farm land and areas that can be developed. That’s it. That’s 800 acres out there that is development ready minus the infrastructure, so what we did say we’d do, and did was to hire a consultant to do a study that would enhance our application with OPWC to try to get Public Works funds from the state to complete this line. The theory being, if we go to OPWC and make application for a $3,000,000.00 grant for a sewer line for one property owner, it ain’t ever gonna be approved. It ain’t ever gonna happen but if we go to OPWC with a well reasoned study for an overall development plan for an entire 800 acre annexation area with potential prospects and an idea and a plan to move forward to develop that area, maybe we can get approved. So we’ve moved forward with that preliminarily, in terms of the states assistance, I think that the Law Director probably has some information or at least a route for the 11th Street Church of God that I would say would be positive and I think it’s also important to point out that while that Ordinance did, the Ordinance that was requested, the first one that I talked about the authorized and directed me to do the work, while that did go to law, in terms of killing the Ordinance, I need to take credit for that because an Ordinance came down that was going to spend money we don’t have and didn’t have appropriated so that’s, while it might have ended up in law, it, I mean, let me make, no bones about it, I probably killed it by saying we just don’t have the money for to do it. The final question was or the statement was, you know we want leaders of high moral standards and leaders with integrity. Are we going to be leaders of that type? I mean speaking for myself personally, I hope I am. I mean I try to be and that’s why where this CEDA required that a joint committee be formed with Canton Township, that requirement was in effect in 2003. It was supposed to happen within a COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -681- MINUTES OF THE MEETING OCTOBER 31, 2011 month, 30 days I think, of the passage of the CEDA. It never was done. We did that. When it came down to you know, making promises or telling those folks, you know we’re going to hand you the world on a silver platter here and oh sure, we’ll get that done for ya and then you know, roll on down the road to some other municipality or take another job and forget about it, leave it up to the next group to deal with it. We’ve never said that. We’ve told them, you know, we don’t have the money. You know, we’re doing what we can and is that good enough for them. Is that sidestepping? I don’t think it’s sidestepping but I also don’t think it’s good enough. The problem is there’s no easy solution to the problem. I think, I think, you know we’re not ready for prime time on it, you know a lot of people have worked tirelessly to try to get this done and I’m not criticizing anything the Pastor’s told us. I mean, he’s right on and it’s not a way the city of Canton should do business to be honest. But in terms of the moral standing and integrity of the folks around the horseshoe here, you know, I think we’re in pretty good shape. I mean I think a lot of us, there’s a lot of people around this table, myself included that have done a lot to try to move this forward and I think more than’s been done in the past and we’ve done things that actually have this thing moving in the right direction. So, I know Joe’s going to talk to, to the Pastor and give them some good news meanwhile, water we’re ready to go. We’ve even gone as far as to look into the idea of potentially doing a package plan just to get them going you know, that would come in far less than 2 to $3,000,000.00 and might also benefit other properties in that area so there are things in the works and that it’s taken 8 years, yea that’s, I mean is sad. I will acknowledge that but we’re here. We’re here now. This is a group and I’m talking about the administration and this Council, I think is committed to moving forward with it to a degree that you did finally bite the bullet and send the legislation for it. It’s just a matter of money and it’s certainly a high priority in my mind and I think it is in yours too but we’ll continue to work with the Pastor and you know, do the best we can. I don’t take offense to any of his remarks. I mean he’s essentially, he’s got it. I mean, we made those promises and I think the right thing to do is to fulfill those and not just the right moral thing, ultimately it will be right to have water and sewer out there because once you bite off the 2 to $3,000,000.00 bullet, you’ve opened up infrastructure that opens up great possibility for over 800 acres that we jointly agreed to develop with Canton Township. Thank you Mr. President. PRESIDENT SCHULMAN: Great job. Thank you as always, Director Price. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. To brief codicil to that if you will. The administration called a meeting together last week. Present at that meeting were lawyers from our office, several administrative department heads including water and sewer and engineering and a state legislator and a trustee from Canton Township among others. It was a work session. It was a group thing and as a result of it, there may be some state legislation in the offing that could be helpful to this situation. It could allow for a different kind of funding in unique circumstances where economic development is involved in conjunction with a cooperative economic agreement known as a CEDA. This is a CEDA and there was talk of looking at if from the big picture and perhaps making it a southern gateway to the city of Canton so I can’t say a whole lot more than that at this point except that in the annexations and CEDA’s and JEDD’s that are often discussed, it’s not unlike courting. I think the Reverend used that word, courtship. We all know that when you court and passion is high, you have great expectations for the future and when marriage comes it’s good but it may not be everything you hoped for. (LAUGHTER) SERVICE DIRECTOR PRICE: Now Joe, having been married only two weeks, I just want to get on the record, I love marriage. It’s great. LAW DIRECTOR MARTUCCIO: And having been married a lot longer than that, I’d say it’s great too but, for the record, but we know sometimes some of the promises may, you may not be able to reach that high. So we are working on it and another comment if you will, I would like to echo some of the remarks that were made during Committee and put those in the record. For someone who’s about to leave the city after 37 ½ years of COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -682- MINUTES OF THE MEETING OCTOBER 31, 2011 employment, when Mr. Bruce Williams walked in to my office today to discuss something, he is working up to the end. I said, “Hey short timer”, and he laughed and he said yea, everybody thinks it’s so good now, but they don’t know about the 37 ½ years and I said I completely agree. To put in that many decades through the changes of administrations and Councils and lawyers and coworkers is remarkably resilient, particularly in a department that is challenged as much as Community and Economic Development are and I want to thank Mr. Bruce Williams for his calm presence and his most professional community outreach for his 37 ½ years. (APPLAUSE) PRESIDENT SCHULMAN: Any other New Business, or Miscellaneous Business? Mayor. MAYOR HEALY: Yes Mr. President I have to be on record with this. I’d like to congratulate the Canton McKinley Bulldogs for their win over Massillon. (APPLAUSE) You want to cheer for the Bulldogs, huh? And I wish them all the best of luck in the playoffs. Thank you very much. PRESIDENT SCHULMAN: Thank you Mayor. Any other remarks? Member Cirelli. MEMBER CIRELLI: Yea, Mr. President. I just want to clarify Member Smuckler didn’t have a religious holiday he is at a business function out of the state. PRESIDENT SCHULMAN: I’m sure and I was only making light. I know if he could be here, he would be. MEMBER CIRELLI: Yea. PRESIDENT SCHULMAN: Any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: I’d be remiss if I did not also say Bruce you have been a good friend. I appreciate the leadership you’ve shown even with the, trying to help me get Cherry redeveloped but I promise you as long as I’m here, we’re going to get that done and I’m going to invite you back just for that groundbreaking. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Member Butterworth did you have anything to say, I’m sorry you’re close to your microphone. 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: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -683- MINUTES OF THE MEETING OCTOBER 31, 2011 PRESIDENT SCHULMAN: Meeting adjourned. (Gavel falls) ADJOURNMENT TIME: 8:21 PM ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT