City Council

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -752- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. 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, MEMBER BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by Ward 3 Council Member, Jim Griffin. If you’ll all please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on December 19, 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 3 Council Member Jim Griffin. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Griffin very much. Leader, we’re now under Agenda corrections and changes. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 4 and 5. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 4 and 5 to this evening’s agenda. Is there any remarks? 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: The Motion carries. Thank you Madame Clerk. 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: It’s our understanding turning to Old Business, we have no Old Business this COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -753- MINUTES OF THE MEETING DECEMBER 19, 2011 evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have three speakers signed up this evening. Our first is Richard Drake. Mr. Drake good evening. If you’ll step forward and I know you’re no stranger. If you’ll us your name and your residential address please and Happy Holidays to you and your family. RICHARD DRAKE: Hi my name is Richard Drake and I live at 3020 Sycamore Ave SE in Canton, Ohio and to everyone out there I want to wish you a Merry Christmas and a safe and Happy Holidays. I’m here as an ISA certified arborist (inaudible). Over the years I’ve been taking care of the city’s downtown trees as well as a lot of other trees ...(inaudible) and the reason I am here now standing before you is I have talked to some important people about how the trees are planted, most of them planted wrong even though they’ve been planted by noted nurseries, they’re not planted properly...(inaudible). PRESIDENT SCHULMAN: Dick, Dick may I interrupt you one second? We’re having a little trouble hearing you. Can you bring that microphone a little closer to your....(microphone adjusted) Try it again. RICHARD DRAKE: Hello. PRESIDENT SCHULMAN: Brian is that on? (Member Horner tests microphone) Great, OK. Thank you. Sorry to interrupt Dick. RICHARD DRAKE: (Inaudible) PRESIDENT SCHULMAN: No you’re fine. Actually I think it’s the air conditioner or whatever is happening is having a little trouble hearing. RICHARD DRAKE: I’ve been maintaining the cityscape trees for a number of years now and I maintain them according to the way the should be and I’ve been given permission by different departments to just go ahead and take care of these trees if I see something wrong. Well the problem coming in is I’ve done all the cityscape trees right up through the square. All the crabapple’s in the square and did them properly and now I noticed that it looks like Ohio Power went through there and they just mutilated the crabapples and I wanted Council to know that wasn’t me. So you might want to find out who’s doing this. If you have a problem with a tree, I’m more than happy to take care of it and basically that’s why I’m here. I don’t want people to think I did this. I take care of them from Downtown Ford up and the children, vandals, whoever, they’re wrapping their clothes around these trees, they’re putting towels around them, they’re putting wires, they’re putting hats and I’m continuously taking these down. They’re breaking the limbs and I’m repairing them but before long there’s not going to be any trees left. So, I don’t know if there’s any enforcement or put a notice out or let them know that the trees are there for their benefit too, not there just to vandalize. Basically that’s it. PRESIDENT SCHULMAN: OK. RICHARD DRAKE: So if you need anything done, call me. Let me do it. Don’t let somebody else do it like AEP, that’s basically what’s happened to the trees. Look at, they’re destroying them. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -754- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Thank you very much Mr. Drake. We appreciate it and appreciate your public service. (APPLAUSE) Our next speaker is Peter DiGiacomo. Mr. DiGiacomo good evening. Welcome. If you’ll give us your name and your residential address please and Happy Holidays to you and your family. PETE DIGIACOMO: My name is Pete DiGiacomo and I live at 600 Dent Place SW. I received a telegram today and I was asked to come up here and kinda read it off. It’s a list and it’s signed by S. Claus. It’s got a few of the Council people’s names and ...(inaudible). First on this list is Mr., Councilman Hawk, something that had to do with hot dogs and like a years supply or something on that order there. Like I said, this isn’t from me so, if a person’s don’t get upset. I was seeing something here about Councilman West and what was it, new glasses cause he didn’t want to come to Council meetings having to borrow glasses or try to read things with only one earpiece on and have them sitting sideways on his head. Just a couple more and I’ll be done. Mr. Dougherty I don’t know why but, this says something about you wanting just a model of an ice cream truck, (LAUGHTER) the kind that has the little wind up on the side and plays some kind of music. Again, this isn’t from me so please don’t...oh, Councilman Cirelli, Councilwoman, I was supposed to tell you something about something else but they said forget about it because if I start telling you that you’ll ask me too many questions (LAUGHTER & APPLAUSE) and President Schulman, something about XR720 model radar detector that has a computer for your car, that Mercedes and the last but not least, Mayor Healy, it says, I’m not sure, naughty or nice, they’re not sure how it goes, you got four more years so (inaudible with laughter). So like I said it’s from S. Claus. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) That could have been a lot worse. (LAUGHTER) The man in the red suit doesn’t know everything. Our last speaker is James Parker. Mr. Parker, good evening. If you’ll step forward and give us your name and your residential address and Happy Holidays to you and your family. JAMES PARKER: James Parker, 630 Penny Street SE in North Canton, Ohio. At this time I would like to comment on the crabapples. You know, these gangs use markers as turf indicators. Old shoes, towels, whatever, You need to talk to your detectives and see just what the significance of some of these items are because they are not used just to hurt trees (Inaudible). Along with the Central Plaza crabapple trees, I’d like to know where the candy canes are this year. There aren’t candy canes in the flag pole holders and I don’t know if I’ve seen the seasonal banners up yet this year. So I would encourage Mr. Milsap that hopefully he’s got an elf on his shelf. In addition I came here to read you a prepared statement but I wanted to know also because you suspended the reading on number 5, was that authorizing the Service Director and Auditor to begin the requisition process related to...(inaudible) authorized the Mayor and Service Director to prepare required qualifications and enter into agreement with a professional service firm to conduct a downtown urban renewal plan and blight study was that what was on that, in which they just suspended the reading of number 5 I believe. PRESIDENT SCHULMAN: No, that’s not what that means so... JAMES PARKER: (Inaudible) PRESIDENT SCHULMAN: No, no. JAMES PARKER: ...(inaudible)...Dear Honorable Mayor William Healy II and distinguished Members of Canton City Council, an old joke at amongst the scientific community of research is “if we knew what we were doing, we wouldn’t call it research would we”. In his farewell address in 1961, Dwight D. Eisenhower warned about the military industrial complex. In the same speech, he warned about the governments (inaudible)...Eisenhower COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -755- MINUTES OF THE MEETING DECEMBER 19, 2011 had seen the growth of government research after the Manhattan Project and how it affected academia and the policy of government power while hugely reinforcing incentives for more and more funding. The latest study, Canton Sustainability Collaborative by Cantonian’s at M.I.T., Pundance, Lorric and Turway, I believe it’s 2005, perhaps Mr. Schulman, had all these idealistic end words. Acceptance, solutions, in particular sustainable, a favorite word of the environmental groups. The intellectual elites seem to reflect a continued acceptance of vivacious unstated assumptions of economic policy commentaries rather than a fundamental shift in thinking. In that study, the M.I.T. study, (inaudible) the closest development in economic boost from our Football Hall of Fame status, was that we should recycle more trash from all the rubbish that football’s greatest weekend generates. Of course, the public naturally supports a Council government that promotes aggressive than going after economic opportunities to reduce urban blight though we are in a 4% population loss per annum according to U.S. Census statistics. I suggest you reflect on those more than previously. Unfortunately this expense of a certain style can easily be accompanied by a misdirected focus which at times permits well connected and influential members of government to escape personal scrutiny than expected by the public. $50,000.00 for one study amounts to 25 work weeks at 40 hours per week at $50.00 per hour. That’s 6 months of work at $50.00 an hour. Instead of going to the well to fish, why not go upstream and look for funding avenues that are already in place where the big fish swim. I challenge new Economic Development Director, Fonda Williams and this elected body to use the America Needs Act of Congress to finance new bold and expensive studies. Why not have a contest to see who in the entire world has the best plans. The America Needs Act gives government agencies greater freedom to sponsor prize contests with up to $50,000,000.00 available to persons to seek government, see challenge.gov. That’s were the challenge comes in. This is not a personal thing. This keeps an open invitation approach to the transparency the politicians (inaudible)...in other words, honesty. For success, management is essential. I strongly recommend that the city of Canton seriously consult with the Project for Public Spaces who are experts on place making. In it’s broadest application, place making is a catalyst for building healthy economically viable cities of the future. I sincerely hope that the written material I have given you all on the Project for Public Spaces gets some very serious consideration, as well as the America Needs Act of Congress. Thank you for listening. Are there any questions? PRESIDENT SCHULMAN: Thank you Mr. Parker very much. (APPLAUSE) Thank you very much. You always have an interesting.... JAMES PARKER: Well if there are no questions, thank you. PRESIDENT SCHULMAN: Thank you. You always have an interesting take on the public issues. We appreciate it. That concludes Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We now turn to Informal Resolutions and Madame Clerk would you please read Resolution 37 by title. #37. CNCL MBRS DOUGHERTY, PRATER, CIRELLI, COLE, SMUCKLER, HAWK, WEST, GRIFFIN, SMITH, BARTON AND HORNER: OPPOSING THE STATE OF OHIO TAKING OVER COLLECTION OF MUNICIPAL INCOME TAXES IN OHIO. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -756- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Leader. LEADER DOUGHERTY: Mr. President. I move we adopt Resolution 37. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 37. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #37 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Resolution 38 please. #38. CNCL-AS-A-WHOLE: COMMENDING AND THANKING COUNCIL-AT-LARGE MEMBER BILL SMUCKLER. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Resolution 38. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 38. Any remarks? Leader. MEMBER DOUGHERTY: Could I have that read please? PRESIDENT SCHULMAN: Yea, Madame Clerk. CLERK TIMBERLAKE: Whereas, Bill Smuckler was first elected to Canton City Council in 1983 and has served as Ward Councilman, Council President and Council-at-Large over a 24 year span; and Whereas, Member Smuckler has served along with four sitting Mayors; Sam Purses, Richard Watkins, Janet Creighton and William J. Healy, II; and Whereas, Bill has been elected by his peers in leadership positions as Canton City Council Majority Leader and Assistant Majority Leader; and Whereas, Bill is a respected Member of Canton City Council offering a historical perspective to legislation passed over a 30 year period of time; and Whereas, Member Smuckler can be an out spoken critic and a compassionate problem solver but has always taken the road of compromise in government; and Whereas, Bill had a hand in the first successful Community Policing Patrol in Canton, a joint economic district shared between the city of Canton and Jackson Township and continues to fight for cost effective shared government between different political subdivisions; and Whereas, Bill has been married to his wife Randi for over 28 years and they are blessed with three daughters Megan, Hillary and Meredith; and Whereas, Member Smuckler is co-owner of a family run business, Canton Hotel and Restaurant Supply; and Now Therefore be it Resolved: that we, Members of the City Council of Canton, Ohio go on record commending and thanking Council-at-Large Member Bill Smuckler for his years of public service to the City of Canton. (APPLAUSE) COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -757- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Bill... MEMBER DOUGHERTY: Why don’t we vote first. MEMBER SMUCKLER: You can’t tell this body what they have to do. PRESIDENT SCHULMAN: Before Member Cirelli addresses Bill, all those in favor of the Resolution, signify by saying aye, those opposed no. NO REMARKS RESOLUTION #38 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: Are you sure? Alright. Ayes have it, the motion carries. Member Cirelli. MEMBER CIRELLI: That one was your fault because you called on me, exactly what was normal. PRESIDENT SCHULMAN: I apologize Member Cirelli. MEMBER CIRELLI: I’ll let Dave, the Majority Leader do his thing first. PRESIDENT SCHULMAN: OK, very good. Leader. (Inaudible comment) PRESIDENT SCHULMAN: Apparently. MEMBER DOUGHERTY: Thank you. Member Smuckler 24 years, I’m just behind you there. We’ve seen a lot of administrations and been through a lot together. I just want to publicly thank you for your service to your city. Everyone knows, that knows Bill knows he loves Canton and we’ve worked on a lot of things over the years. I think the biggest thing that we did together was Community Policing. So we brought that back to Canton. We actually made the Mayor at the time, Mayor Watkins with the Safety Director, get on a plane and go to where we were at and saw that this worked and they came back and that’s how it all got started so, it was a great time. It was a time we had the finances available to something like that so we got it done. There’s a lot of things that happened in Ward 6 and your support that meant a lot to these projects, so on behalf of Canton City Council I thank you. (APPLAUSE) MEMBER SMUCKLER: Just let her talk please. PRESIDENT SCHULMAN: Member Cirelli would you like to say something before Member Smuckler addresses Council? MEMBER CIRELLI: Bill we go a way back, a long time and I, the rest of Council doesn’t know is generally when the agenda comes out and if there’s something controversy, my phone will ring and Bill will say, hold on COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -758- MINUTES OF THE MEETING DECEMBER 19, 2011 a minute. You know, I discuss what you’re going to be all upset about because he knows me that well. But the irony of all of this Bill is whenever you presented me, you were here when I left to become a County Commissioner and I find some irony in that because now you’re going to leave because you’re running for County Commissioner so maybe that’s an omen and, well I’m going to look at that as a positive. And if you win, look for me on your doorstep and possibly at the meetings because of the whole process of getting the Health Department, Code and Building Department and several other departments in the whole county all brought together to save the taxpayers a lot of money. In all honesty, I’m gonna miss you. You’ve always been a good friend and that won’t go away and in life we have many acquaintances but in theory we have far few too many friends and you are definitely a friend so God bless you and I wish you and Randi’s here tonight and the whole family the best. That friendship will never go away so God bless you and Godspeed. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Member Cirelli. Member Smuckler. MEMBER SMUCKLER: You know a lot of people like to do a lot of things with their spare time and some of us play golf, or think we can play golf, some of us read books, some of us do a lot of things but I find no greater rush, no greater high than being able to help people and this has been home for, on and off for the last 30 years. From the day that I walked into this when we had are backs facing out, this has been home and to my family, I owe them an apology, because of the countless hours that I spent doing this, I’ve probably neglected a few things over the years. But to the people of the city of Canton, I want to tell you that Dave’s absolutely correct. I have no greater love than to this community. What this has done to help foster my family, help foster my business and there’s no finer place to live and I want you all to remember this. Thank you. (STANDING OVATION) PRESIDENT SCHULMAN: Thank you Bill and you know we wish you the very best. Course it’s not like you’re going away. You’re going to be around. Resolution 39. #39. CNCL-AS-A-WHOLE: COMMENDING AND THANKING WARD 5 COUNCIL MEMBER TERRY PRATER. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President. I move we adopt Resolution 39. MEMBER CIRELLI: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 39. Any remarks? Hearing none, all those in favor of Resolution 39, oh we do want this read but all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #39 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. You want to read this Resolution. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -759- MINUTES OF THE MEETING DECEMBER 19, 2011 CLERK TIMBERLAKE: Please. PRESIDENT SCHULMAN: Please. CLERK TIMBERLAKE: Whereas, On December 31, 2011, we say farewell and good luck to Council Member Terry Prater; and Whereas, Terry Prater began his political career on January 1, 2004 when he was sworn in as Ward 5 Council Member. Since that time Member Prater has been responsive to his constituents’ complaints and needs by improving neighborhood lighting and working diligently with various City Departments to help clean up problems in his Ward; and Whereas, Member Prater, along with Member Griffin assisted in getting the Souers Involved Neighborhood Group stated. He organized numerous neighborhood meetings, attended crime watch meetings and the National Night Out Meetings to help get crime down in his Ward; and Whereas, Council Member Prater made a difference in his Ward by handling one problem at a time and always trying to do the right thing for the right reasons. Most recently Member Prater sponsored legislation to provide funding for the Engineer’s Department to vacate planned alleys no longer needed; and Whereas, During his last term with Canton City Council, Member Prater served as Assistant Majority Leader. He was also the Chairman of the Personnel Committee and a Member of the Finance Committee, Public Property Capital Improvement Committee and the Rules Committee; and Whereas, Throughout Terry’s career as Ward 5 Council Member he was fully supported by his wife Dawn, son Craig and daughter Cassie. Now Therefore be it Resolved: that we, Members of City Council of Canton, Ohio go on record commending and thanking Council Member Terry Prater for his commitment and service to the citizens of Ward 5. (APPLAUSE) PRESIDENT SCHULMAN: Dawn, you guys can come up if you like. MEMBER DOUGHERTY: Terry I want to personally thank you for your service to the citizens of Canton and your professionalism in helping me out with the Committees you did a nice job with that and so especially this last two years as Assistant Majority Leader. What really helped me was you brought a sense of calmness to that position and that way I could (inaudible)...but you brought a sense of calmness to it and you thought through things and you were open minded and you cared about the end result and did a really good job so I want to commend you for that. And stay involved in the community alright, cause I’m going to call you if your not, you know whether that’s getting in something else, getting on committees in the city, you’d be a real asset to us if you did that so, I want you to think about that. And I’ll tell you, as I forgot to mention to Member Smuckler, it’s an honor to have served with you. MEMBER PRATER: Thank you. (APPLAUSE) I’d just like to say thank you. I have some special good byes that I’d like to say but I’m going to save those for Miscellaneous Business. What I would like to say now is thank you. I appreciate this. This means a great deal. All of you have been wonderful and I want to send a heartfelt thanks to our audience and our constituents because without you none of this would be possible and as an elected official we always need to remember, we’re not here for them, we’re here for you and I appreciate your support through the years and I hope that I have served you well and thank you. (STANDING OVATION). PRESIDENT SCHULMAN: Thank you Terry. I’m going to be interested in hearing your remarks in Miscellaneous Business but we turn to Resolution 40. Madame Clerk. #40. CNCL-AS-A-WHOLE: COMMENDING AND THANKING WARD 8 COUNCIL MEMBER MARK BUTTERWORTH. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -760- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President. I move we adopt Resolution 40. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: I did, oh good. (Laughter for Member Prater forgetting to second) The guy gets a plaque and he forgets his whole roll. Mark, it’s has been moved and seconded to adopt Resolution 40. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #40 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Leader, oh I’m sorry, Madame Clerk. CLERK TIMBERLAKE: Whereas, Mark Butterworth was sworn in as Ward 8 Council Member for the term commencing January 1, 2010; and Whereas, Member Butterworth has since dealt with his constituent’s needs by collaborating with City departments to address on-going drainage issues that have plagued Ward 8 for years; and Whereas, During Mark’s tenure as Ward 8 Council Member he has sponsored legislation declaring an Amnesty Week for all parking violations. He advocated for sound fiscal management of City funds and for consideration of the Charter Government process; and Whereas, In the course of his time with Canton City Council Member Butterworth served as the Minority Leader and a Member of the Finance Committee, Personnel Committee, Annexation Committee and Environmental & Public Utilities Committee; and Whereas, Outside of serving the citizens of his Ward, Mark serves the community in many other capacities such as being a Board Member of the Domestic Violence Project, the J. Babe Stearn Community Center and Walsh University Advisory Board; and Whereas, Most importantly, Mark is the proud father of children Andrew, 11 and Alivia, 8. Now Therefore be it Resolved: that we, Members of City Council of Canton, Ohio go on record commending and thanking Council Member Mark Butterworth for serving the citizens and Ward 8 with commitment and dedication. (APPLAUSE) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mark I want to thank you for your service to the city. I knew you were very proud that you got a chance to serve on City Council and I wish you well as you move on and hope that you stay very involved in the community even though you are a Republican. (LAUGHTER) But, you know, you did do a real good job with the Committees, especially Finance and at the time when I had to put together all the Committees not everybody, I mean I kinda woke some people up because you know I put you as a Republican on the Finance Committee, one of the most important Committees we have and I put those Committees together in a non-political fashion and so, you know, I looked at what your qualifications were and how good I thought you did and you really served us well so thank you very much. (APPLAUSE) PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Mark I’d just like to compliment you on how well you kept your Caucus and everybody in line this past year. You did a commendable job. It was short but it was sweet and I don’t think we’ve heard COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -761- MINUTES OF THE MEETING DECEMBER 19, 2011 the last of you yet. God Bless you. MEMBER BUTTERWORTH: Thank you Mary. Just a few brief things. Some of the things I’m going to miss and some of the things I’m not going to miss (LAUGHTER). The things I’m going to miss are actually the phone calls from the constituents which believe it or not, I did return phone calls. I love the fact that on weekends when they would call, and it’s happened to all of us I’m sure, when they say, “Hey, I’m sorry to bug you but...” and what I always told them was well, I actually work for you and you’re my boss. It’s just a pleasure to serve you. And Bill said it, myself also, I’m not in any golf leagues, I don’t really do to much besides coach my kids. It’s a honor to serve as a public servant. I think there’s some, there’s too many politicians some times, I’m not saying in this room, but elsewhere and when people actually serve and represent for this city especially, I know I can kiss my kids goodnight every night and they know what I’m trying to do. I’ll miss Allen looking at me every time when he says “Are there any objections?” (LAUGHTER). Those were always done with the upmost of caringness. I vote no to close the meeting tonight. I won’t miss, I will miss the emails, I won’t miss some of the emails. I won’t miss how people take advantage of the parking when they come to Council Chambers. There is designated parking for everyone. I’ll miss the phone calls from a lot of you. Believe it or not, as the lone Republican, it was, I was amazed at how a lot of you took me in. A lot of you actually called me and you actually care about my opinion, I hope. It was a very humbling experience of the past few years. My kids are better for it. My family is better for it. This past year has been a challenging year for me. I appreciate the phone calls from you, from people in the audience and again thank you very much for the time and the honor to serve. I appreciate it all. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Mark. Madame Clerk if you’ll conclude with Resolution 41. #41. CNCL-AS-A-WHOLE: COMMENDING AND THANKING WARD 9 COUNCIL MEMBER BRIAN HORNER. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President. Can we adopt Resolution 41? MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s has been moved and seconded to adopt Resolution 41. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #41 PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Madame Clerk. CLERK TIMBERLAKE: Whereas, Brian Horner had always dreamed of becoming a Councilman and he was sworn in as the 9th Ward Council Member on August 31, 2009 to complete the term of the late Councilman Joe Carbenia; and Whereas, Member Horner is a people person who answered all his constituent calls and worked with several Neighborhood Groups, specifically Colonial Heights to keep his Ward safe for all his constituents; and Whereas, As a lifelong resident of Ward 9, Member Horner has had a relationship with many of the COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -762- MINUTES OF THE MEETING DECEMBER 19, 2011 constituents in his area because several of them are also lifelong residents of Ward 9, so he has had the opportunity to serve many friends and families that he grew up with; and Whereas, During his time with Canton City Council, Member Horner has co-sponsored legislation to ban gas drilling within the city limits. Brian served as Committee Member on the Environmental and Public Utilities Committee, Parks and Recreation Committee, Public Property Capital Improvement Committee and the Public Safety and Thoroughfares Committee. He also served on the Canton Construction Board to represent City Council; and Whereas, Throughout Brian’s career as Ward 9 Council Member he was fully supported by his wife Tara and daughters Sofia and Jessica who he will now be spending more time with. Now Therefore be it Resolved: that we, Members of City Council of Canton, Ohio go on record commending and thanking Council Member Brian Horner for his commitment and service to the City of Canton as Ward 9 Councilman. (APPLAUSE) MEMBER DOUGHERTY: Will you get up here? You guys are wearing me out tonight. I want to thank you Brian. I think you should have ran again personally but, that’s a decision you had to make. I think you did a really good job. You do love Canton and I know that. I want you to know that I appreciate everything you’ve done for the citizens of Canton. I always enjoyed your humor and your positive attitude the whole time. You made things calm and fun, and the office staff always like when you stop by and make them laugh especially if I had just left. (LAUGHTER) I appreciate that. But you were always very supportive of me...(INAUDIBLE) ...and we’re going to miss you. We truly are. It was an honor to serve with you. Thank you. (APPLAUSE) MEMBER HORNER: Thank you all very much and I know I meant a lot to Mr. Dougherty because he gave me Mark Butterworth’s plaque. (LAUGHTER AND APPLAUSE) MEMBER DOUGHERTY: I was trying to see if you was paying attention. MEMBER HORNER: (INAUDIBLE)...But I just want to take a second to thank everybody. You’ve been a huge help since the beginning of this two years ago. It’s short lived but it was very, very worth it. There is no negative at all I can speak of. This has been a wonderful experience and I am going home, I guess, to spend more time with my wife and children who happen to be here this evening. Stand up. (APPLAUSE) President Schulman, Mr. Dougherty, Mr. Prater, this is now my new President of Council, Majority Leader and Assistant Majority Leader. But, thank you all very much and God bless all of you and the city of Canton because I love it here and I’m not going anywhere, just, I’m still in the city. I’m still the first Horner in the book. See you all soon at the Conestoga or wherever else we might meet. God bless you. (APPLAUSE) PRESIDENT SCHULMAN: OK. Congratulations all. We are truly going to miss you all but we’ll talk more about that in Miscellaneous Business. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to 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 DECEMBER 19, 2011. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -763- MINUTES OF THE MEETING DECEMBER 19, 2011 423. COUNCIL CLERK TIMBERLAKE: ADVISING ALL COUNCILMEMBERS & ORIGINATORS OF 2010-2011 TERM LEGISLATION THAT PURSUANT TO COUNCIL RULE 29 ANY ORDINANCE REMAINING UNREPORTED OUT OF COMMITTEE AT THE CONCLUSION OF A TERM SHALL REQUIRE RE-SUBMISSION TO THE NEXT TERM OF COUNCIL. - RECEIVED & FILED 424. LIQUOR CONTROL DIVISION: REQ NEW D5I LIQ PERMIT FOR DPTOZZI LLC DBA TOZZIS RESTAURANT DOWNTOWN CANTON @ 218 COURT AVE. - RECEIVED & FILED 425. SERVICE DIRECTOR PRICE: AUTHORIZE SERV DIR & AUDITOR TO COMPLETE THE REQUISITION PROCESS RELATED TO GRANT APPLICATIONS & DESIGN WORK FOR THE 12TH ST NORTH CORRIDOR PROJ, G.P. 1098. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now and 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 ORDINANCE #1 THROUGH #3 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: (COUNCIL RECESSED AT 8:10 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCES #1 AND #2; RECONVENED AT 8:16 PM) #1. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 219/2011 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 (CONTINUE TO OPERATE CITY EFFICIENTLY) Referred to Finance Committee #2. (1ST RDG) ADOPTED AS ORDINANCE NO. 220/2011 AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO, FOR FISCAL YEAR 2012; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee (COUNCIL RECESSED AT 8:16 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #3; RECONVENED AT 8:23 PM) #3. (1ST RDG) ADOPTED AS ORDINANCE NO. 221/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE & AUDITOR TO COMPLETE THE REQUISITION COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -764- MINUTES OF THE MEETING DECEMBER 19, 2011 PROCESS RELATED TO GRANT APPLICATIONS AND DESIGN WORK FOR THE 12TH STREET NORTH CORRIDOR PROJECT, G.P. 1098; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: At this time the Chair would declare an in house recess for the Finance Committee to meet in regard to Ordinances 1 and 2 and Public Property Capital Improvement Committee to meet in regard to Ordinance 3. You’re now in recess. PRESIDENT SCHULMAN: Council will reconvene after the recess. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinances 1, 2 and 3 back on this evening’s agenda. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to place Ordinances 1, 2 and 3 back on this evening’s agenda. 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: Motion passes. Ordinances 1, 2 and 3 are a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule on Ordinance 1. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rules on Ordinance 1. 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: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 1. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -765- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #1. Are there any remarks? Leader. MEMBER DOUGHERTY: Mr. President, I move we amend Ordinance 1 per the copy in front of all Council Members. MEMBER PRATER: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Exhibit A to Agenda Item No. 1 by substituting the Exhibit A attached to this Amendment for the Exhibit A attached to the ordinance currently pending before Council. PRESIDENT SCHULMAN: It’s been moved & seconded that you amend Ordinance 1 by virtue of the copy before each Member of Council. Do you want that summarized or not? PRESIDENT DOUGHERTY: That’s been done. PRESIDENT SCHULMAN: Very good. It’s been moved and seconded then. All those in favor signify by saying aye, those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance #1 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #1 as amended. So the question you’re now voting on is Ordinance 1 as amended. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #1 ADOPTED AS AMENDED AS ORDINANCE NO. 219/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Ordinance 1 is adopted. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule on Ordinance 2. MEMBER PRATER: Seconded COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -766- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 2. 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: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 2. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 2. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #2 ADOPTED AS ORDINANCE NO. 220/2011 PRESIDENT SCHULMAN: Ordinance 2 has been adopted. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule on Ordinance 3. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 3. 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: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 3. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -767- MINUTES OF THE MEETING DECEMBER 19, 2011 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 3. 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. #3 ADOPTED AS ORDINANCE NO. 221/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 3 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning now to Ordinances for their Second Reading. Madame Clerk would you please read Ordinance #4. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 AND #5 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #4. (2ND RDG) ADOPTED AS ORDINANCE NO. 222/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO EXECUTE AND DELIVER TO SCHOOLHOUSE FINANCE, LLC AN EASEMENT ON PROPERTY OWNED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (1500 and 1530 Superior Ave NE) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 4. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 4. Any remarks? Yes, Member Cirelli. MEMBER CIRELLI: This came to my Committee and I signed it out for everybody to have the opportunity to vote on it. I will vote no. It is a charter school. It’s just an easement but it’s still Schoolhouse Finances is for a school called Imagining and I just have a problem with charter schools because of the fact that they take the public dollars from the public schools. So I will vote no on that even the non-for-profits take a break from those. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -768- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Thank you Member Cirelli. The motion before Council is the suspension of Statutory Rules for Ordinance 4. Are there any....Member Smuckler. MEMBER SMUCKLER: Not that I’m here to disagree with my esteemed colleagues but I do want to go on record because I would normally not vote for any funding for charter schools. This is not funding. This is an easement that we would use for about any property that involves gas lines and I want to support (INAUDIBLE) ...this is just to make sure that the boundary lines are drawn correctly and that the gas lines will be put in. Thank you. PRESIDENT SCHULMAN: Thank you Member Smuckler. Any other remarks under the motion to suspend? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader you’ve heard the three readings on Ordinance 4. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 4. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #4. Any remarks? Hearing none, Madame Clerk, roll call vote please. MEMBER CIRELLI: (INAUDIBLE) CLERK TIMBERLAKE: Number 4. PRESIDENT SCHULMAN: Would be a no vote? Yea. MEMBER CIRELLI: (INAUDIBLE) CLERK TIMBERLAKE: I’m sorry. MEMBER CIRELLI: No. CLERK TIMBERLAKE: No? OK, thank you. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -769- MINUTES OF THE MEETING DECEMBER 19, 2011 NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #4 ADOPTED AS ORDINANCE NO. 222/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 4 is adopted. Ordinance 5 please. #5. (2ND RDG) ADOPTED AS ORDINANCE NO. 223/2011 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO PREPARE A REQUEST FOR QUALIFICATIONS AND ENTER INTO AN AGREEMENT WITH A PROFESSIONAL SERVICE FIRM TO CONDUCT A DOWNTOWN URBAN RENEWAL PLAN AND BLIGHT STUDY IN AN AMOUNT NOT TO EXCEED $50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 5. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance 5. Are there any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 5. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 5. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -770- MINUTES OF THE MEETING DECEMBER 19, 2011 (MEMBER CIRELLI VOTED NAY CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #5 ADOPTED AS ORDINANCE NO. 223/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 5 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Turning now to Ordinances for their Third and Final Reading and vote. Would you please begin with Ordinance #6. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #6 AND #7 FOR THEIR THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #6. (3RD RDG) ADOPTED AS ORDINANCE NO. 224/2011 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT/LOT SPLIT OF LOTS 8361, 14200-14205, 14312-17313, 29727, 34967, PARTS OF LOTS 17310, 17314-17316, 34893 AND PART OF OUTLOT 295; AND DECLARING THE SAME TO BE AN EMERGENCY (STARK METRO HOUSING AUTHORITY - HUNTER HOUSE) PRESIDENT SCHULMAN: Excellent Madame Clerk. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 6. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 6. 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. #6 ADOPTED AS ORDINANCE NO. 224/2011 PRESIDENT SCHULMAN: Motion carries. Ordinance #6 is adopted. Ordinance #7 please. #7. (3RD RDG) ADOPTED AS ORDINANCE NO. 225/2011 A RESOLUTION OBJECTING TO THE RENEWAL OF ONE LIQUOR PERMIT LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (HALL MART INC DBA HALL FUEL MART @ 3325 HARMONT AVE NE) PRESIDENT SCHULMAN: Leader Dougherty. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -771- MINUTES OF THE MEETING DECEMBER 19, 2011 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 7. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Any remarks? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #7 ADOPTED AS ORDINANCE NO. 225/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Ordinance 7 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: There aren’t any. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: I just wanted to remind all that on January 4th at 5:30 here at Council we are having a Democratic Organizational meeting. All Members need to be present. PRESIDENT SCHULMAN: Thank you Leader. Any other comments? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re turning now to Miscellaneous Business. Is there any? MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: You know in my entire 8 years of Council, (INAUDIBLE)...I would like to ask tonight that possibly give me a little more than three minutes. PRESIDENT SCHULMAN: I think I gave Mr. Parker 20, so you’re more than welcome to take that. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -772- MINUTES OF THE MEETING DECEMBER 19, 2011 MEMBER PRATER: I have a couple good byes that I would like to say. First of all, Mr. Dougherty I sat next to him for 8 years where he’s watching his clock patiently while I’m thinking just get this guy out of here. The other thing about Dave is he drives by Council every morning and looks in the gym across the street and sees me, so even though I’m leaving Council it isn’t like (INAUDIBLE). To Mary Cirelli. Mary Cirelli buys us Christmas gifts which we greatly appreciate. This year’s gift I’m pretty sure, has to be a mistake because I look around and I’m the only one that has, oh OK, The Year of Stupidity and the 65 Stupidest Things Ever. I hoping that it’s just a coincidence. (LAUGHTER) Member Cole it’s been my pleasure to work with you. I wish it could be for a little longer but, I do wish you the very best. My good friend Bill Smuckler. I have a little story that I want to tell but before I tell it I want, because I know that his wife is in the audience, I want to make sure that Bill really did not have to handle this call for me but Bill has a habit if you’re on vacation, volunteering to take a Ward call for you and we just know that he does. A couple years back, I had a call in my Ward, there seems that a neighbor was looking out his window and had spotted some females at the house across the street, sunbathing topless. Since I was on vacation, Bill of course offered to go on this call (INAUDIBLE WITH LAUGHTER)...gave us a laugh when he did have to go on this call. MEMBER SMUCKLER: Are you jealous Butterworth? MEMBER BUTTERWORTH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BUTTERWORTH: As the father of a daughter, I’m in constant reminding that, that is the one (INAUDIBLE). MEMBER PRATER: Member Hawk has become much more than a friend over these years. I don’t know if any of you know this about Greg but he is a little passionate at times. Greg would have a tendency to call me many times to discuss finance. Many of those calls were very rational. There were a couple of times that I had to talk Greg off the ledge. I didn’t mind doing that at all. Greg I will be happy to continue doing that and you have my number. Greg also has a boat and I so enjoy with my wife running the gas out to him. As a matter of fact, we’re looking forward to doing that this year. Greg has assured me that if we go over to Put-in-Bay and go to the Round House, we might see Director Price spending money in one hand and in the other hand calling the Mayor trying to convince him he’s marooned and can’t get home. SERVICE DIRECTOR PRICE: (INAUDIBLE COMMENT) MEMBER PRATER: Mr. President Schulman your comments and insights have been enjoyed over the years. You always have a very insightful view of things and a oh what a Christmas party. I am going to skip over the Council staff just momentarily. Member West, you and I came into Council at the same time. It’s been a pleasure to work with you. I wish you the very best in Council and in your personal endeavors. Member Griffin, you and I started a Neighborhood Group together and a little interesting story that will possibly up Kevin moving forward. I had an issue one time in my Ward. I got a call that there were ducks waddling south of 12th Street but coming north from 12th Street (INAUDIBLE)... and messing up the yards south of 12th Street. Well Member Griffin did take care of the problem, I have personally decided that he tried a hyper move and get all the ducks south of 12th Street so they would become my problem. So the moral to this story is Kevin, if you have a sighting or call about ducks in our Ward, you might want avoid (INAUDIBLE WITH LAUGHTER). Member Smith it’s been a pleasure. I’ve enjoyed to hear you passion and your presence in your Ward. It’s certainly hope you know that I’ve tried to support you and do what I could to help make those things come true. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -773- MINUTES OF THE MEETING DECEMBER 19, 2011 Member Barton who is so much more than just a co-Council Member. We’ve worked together, we’ve terrorized a couple of lunch buffets over the years. Some of you may not know that I helped talk Pat into running. I helped get him interested in Council and I helped him on his campaign. I really hope soon he’ll start talking to me again. (LAUGHTER) Member Butterworth I can assure you that my slowness on the second was not a Freudian slip, (LAUGHTER) I got through my moment and that’s all that matters. I wish you the very best and Member Horner, I wish you the very best and I know that I’ll continue to see you downtown and you can always stop in and chat and walk outside like we do and best of luck and best of success to you. Now I do want to say that this job has been much easier over the years because of the Council staff that works really hard.. They make us look good. They cover our backsides from time to time. They let us know if we forgot a document. They’re quick on the phone to say you’ve got to come in and sign this or that and without them, this job would be a lot more difficult and none of us would be nearly as successful so I wanted to have a special thank you for our Council staff. CLERK TIMBERLAKE: Thank you Terry, very much. It’s been a pleasure working with you Terry. Thank you very much. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Terry. Any other Miscellaneous Business? Member Smuckler. MEMBER SMUCKLER: Mr. President as emotional as I may have seemed before (INAUDIBLE)...but this is an emotional place for me because after you spend so many years in one place, you do refer to it as home and besides that I think that I’m going to tell a quick little story. It involves the person replacing me. Years ago I went down to the Repository as the Majority Leader and for years Jimmy Babcock’s mother was, let’s just say, a thorn in their sides. And when I went down there, I met with the editor and, editor and, it wouldn’t be the publisher, it would be the managing editor at the time, that are no longer there and they ran campaign after campaign against Mary and I said to them that I would be supporting Mary again because everybody here offers something to this community. And of course, Mary won again and they lost again and it so happens in most instances that everybody here does offer something. And I know some people walk out of here and shake their heads and they can’t understand why someone got elected, someone saying what they want to say but, this place has been a place where there’s been a great deal of friendship especially with Mary Cirelli and Greg Hawk. In fact I have one claim to fame that’s a little known fact is, I introduced Allen to his wife a long time ago. PRESIDENT SCHULMAN: Thankfully. MEMBER SMUCKLER: But there’s also the public figure and some of them, I thought I was, as Yogi Berra put it, I thought I was doing deja vu again when Killens showed up. This was 1982 all over again. 1983. The 1980's. Some people just keep coming back. The sad part is, this is a challenge to the rest of the Council that will remain. There is no reason for a lot of instances for people to be coming back. If we solved their problems and did what they ask us to do, and I know on occasions I’ve sat and listened to complaints week after week after week that I’m here and then finally I said I’ve had enough and I dragged with Greg, Greg Hawk and somebody else, Mary out at 11:30 at night and we’d go over to Troy Place. And then we showed up at the Pastime Inn at 1:30 in the morning and if your real lucky, you didn’t go down to Ward 5, right Terry. They weren’t sunbathing then. MEMBER HAWK: You didn’t called me for that. MEMBER SMUCKLER: Your heart couldn’t take it anymore, but the point that I’m trying to make is, is that COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -774- MINUTES OF THE MEETING DECEMBER 19, 2011 to all of you folks here, you do offer something and I won’t say good-bye. I’ll say till we meet again. (APPLAUSE) PRESIDENT SCHULMAN: Any other Miscellaneous Business? Member Barton. Member Smith. Member Barton. MEMBER BARTON: At first I want to personally thank and say good luck to the Ward Council Members that are leaving us. Member Smuckler you know we didn’t always see eye to eye but I did come to you at times because I know that you brought a wealth of knowledge to this body and you are a true asset to the city and I’m sure that this will not be the last that we see of you. To Member Butterworth. I first met Member Butterworth about 10 years ago as classmates in a graduate program at Malone. We served two years there, we served two years here, so if the past is any indication of the future (INAUDIBLE). To Member Horner. A lot of times people have heard me say you know, that what’s truly important is the family that we have at home and I think that Member Horner got that. I was able to relate to him more than anybody down here on that level because he and I both have small children, in fact, my son is a year older than his daughter and they both attend the same school and he gets that and while I’m sad to see him go, I am also happy that he will be spending time with his family. To Member Prater as he said, we met 13 years ago with a former employer. When we first learned that we were both from Canton and were driving back and forth to Akron, I remember I offered Member Prater a chance to car pool and it was cold December winter night and he had road with me and as we pulled out of Akron on this not so good neighborhood, we realize we had a flat. We were out there changing a tire in a snow blizzard. He probably could have said, you know I’m done with that guy at that point but he actually stuck by me and he’s not only been a mentor and somebody that I could come to. He’s been a true friend and I’m truly going to miss seeing him across the room but he knows that if there is any new buffets, I’m only just a phone call away. Good luck Terry. (LAUGHTER) PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Member Smith. MEMBER SMITH: Yes, Mr. President I would also like to say best wishes to whatever you guys are getting ready to do. I’d also like to say to Butterworth, I remember the first day you came in. You know, I don’t know what was wrong with this guy but we sat across from each other and said why you looking at me like that. But you know I think that’s what made us become good friends because you continued to look at me. I don’t know what look I gave you but it was cool, you know and I really enjoyed working with you. But you know, something that Bill touched on, I’m sorry, Councilman Smuckler touched on is our audience and I’d just like to thank a few people from the 4th Ward continuously come up here every Monday night and that is Mr. Zachary and Ms. Brogdon, Nicole Sims and definitely Mr. and Mrs. DiGiacomo. Thank you for being concerned and being passionate about the 4th Ward and the city of Canton. And I wish all of you a very Merry Christmas and a Happy New Year. PRESIDENT SCHULMAN: Thank you Member Smith. (APPLAUSE) Member Butterworth. MEMBER BUTTERWORTH: To the Council staff, thank you for a wonderful two years. We’ve had some interesting conversations. If you don’t mind my daughter will still leave you guys messages every once in a while. She still enjoys doing that. To my fellow Council Members, I do ask for you guys to consider a few things. Obviously it will all be Democrats which I know is wonderful. Everybody contain yourselves please. Please just remember that around this, around the shoe is $700,000.00, over $700,000.00 worth in payroll. And when you think of that, that’s a lot of money. That’s not including benefits. That’s a lot of responsibility. This is who we work for, these people out here as well as the rest of the residents of Canton and please continue to COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -775- MINUTES OF THE MEETING DECEMBER 19, 2011 consider that as you go about your work. One way again, not a last plug, just a thought and again you guys can chew over in Judicial next year is the Charter government. I understand why it sat there. Actually I don’t understand why it sat there but just something to consider to challenge ourselves as elected officials and something for this great city to consider. Without trying to go around too much around the room, Dave, Majority Leader Dougherty, excuse me, I did receive my share of phone calls, some good, some were just to remind me about certain things and I really appreciate that Dave. You helped me grow as a person and I, it was humbling phone calls at times and I sincerely appreciate that. Thank you. Terry, I think you didn’t vote, not because of me, I think you didn’t know what to do. That’s the most I’ve ever heard you talk. So I think you didn’t, I was OK with it. It was good. Mary I promised that you and I would go to lunch and I will take you to lunch. We’ll kibits other things especially the emails. I’ve been able to make a few friends around the table and Joe you’re one of them. I appreciate sharing stories and just the information. Bill’s been, Councilman Smuckler, excuse me, almost a mentor at times both personally and professionally. Bill I just sincerely appreciate that. Thank you. Greg, Finance Chairman, you and I have seen eye to eye and have not seen eye to eye and I think we’re both better off for both of us being on the Finance Committee so thank you. To the administration, I am actually very impressed with how you guys have always dealt with my phone calls, with my requests. Sometimes they may have seemed absurd. They was always reasoning behind it. I know the Mayor’s not here, but thank you both especially Warren and Tom. Joe we’ve worked sparsely a little bit since you’ve come on board. Warren and Tom thank you very much. You’ve always had answers for me. I may not have agreed with the answers but you’ve always given me the answers so I certainly appreciate that, you’ve always been upstanding. Mr. President the times you’ve missed, I did ask Dave, and I knew to stop after awhile, I just wanted to sit in the Chair once and hit that gavel. But it wasn’t anything else but your very, sometimes your smooth, some of the times I think you’re lost but it’s good. I think it’s good. (LAUGHTER) I’m kidding Allen, I appreciate it. Tom you and I have had some fun times here and actually outside. You always say hello to me. You always treat me as a Councilman not as a Republican and actually I really do appreciate that so thank you. Jim, I don’t know if you guys have noticed with Jim. Jim seems to be quiet. He throws out the best zingers in Caucus. I’m not lying about anything up here and Jim I really appreciate it. What I’ve heard from, my in-laws live in your Ward and they appreciate what you’ve done. You always bring a fresh insight, actually when I went to Councilman training up on the 8th Floor they had some information there and Jim was there. Jim was very insightful and I appreciate everything you’ve done. With Chris we’re going to hug later and I appreciate that and the reason I asked you about that if you recall, I think you were pretty mad. I realized it wasn’t me but at the time, I thought it was so I think I already apologized but I’m sorry and I’m going to miss you. To P Bart, I’m sorry, Councilman Barton, we’ve had a long history. Astringent family man, a community guy, a pillar and I hope I can be half the husband and father that you are and continue be to your family. And to Fozzie bear Brian Horner. Brian always has the mints at the meeting. I’m going to miss that. I’m miss the altoids. This is a great group here. I’m really sincerely am going to miss you guys. I don’t mean to make light of it. Some very sincere comments have been said. I am going to miss this. I’m going to miss representing Ward 8. I hope the new Council, Council people do a great job. They have some big shoes to fill and some easy shoes to fill at times and just, you guys thank you all so very much. It’s been a wonderful two years so thank you. (APPLAUSE) MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: (INAUDIBLE) I have something for the elected officials and maybe some to the public if there’s any left over. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -776- MINUTES OF THE MEETING DECEMBER 19, 2011 PRESIDENT SCHULMAN: Sure. Any other remarks? Member Horner. MEMBER HORNER: I just want to take a second here. It is 5 til 9, it’s a school night. President Schulman you did forget to remind them that they are at, they are allowed to leave the meeting after... (LAUGHTER) but in a serious, I want to thank everybody in this room. No doubt about it, I respect everybody in this room. I wasn’t familiar with what Council was until I sat at this whole horseshoe here and realized that you folks are incredible. This job and what you do is incredible and I don’t think people realize it and I want to thank you all for doing such a good job. Continue to do a good job so I can raise my kids in this city, send them to the city schools here and feel good about it. So thank you all very much and have a great day. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Thank you Member Horner. Member West. MEMBER WEST: I wasn’t going to say anything but I going to say something to you guys individually. I just want to say that I know that I don’t think that anybody really knows the sacrifice that you guys put forth. The four Members that are leaving, such a sacrifice in each and every one of your Wards and also all of our Wards because you guys voted on a lot of things in Ward 2 and helped me get some things done. But I want to talk to you guys individually. I thank you from the bottom of my heart and I wish you well. PRESIDENT SCHULMAN: Thank you Member West. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you sir. I want to thank the four folks who are leaving because you first and foremost were good Councilman but you are all outstanding fathers. Thank you for that. PRESIDENT SCHULMAN: Thank you Member Hawk. I just want to say one quick word. We’re ending 2011. I want to thank all of you for attending week in, week out. We do appreciate it. It’s important to actually, even if you don’t say anything, it’s nice to have the citizens looking back at us to remind us what we do. I want to also reflect on the remarks that everyone has made about the outgoing Members of Council but I want to take the opportunity to say congratulations to all of you. This last week a statistic came out which was absolutely frightening and horrifying and that is that almost ½ of the people in our country are now impoverished, are in poverty. That is an, you know when we look back, Member Smuckler for over 30 years, you look back over the trajectory of our city and you see probably not a trajectory that any of us ever thought would happen. But, I want to take the opportunity at the end of the year, to congratulate all of you. All of you. You have done a remarkable job with the leadership obviously of Mayor Healy and the Directors. It’s amazing to me that the city has withstood the kind of onslaught economically that’s occurred in this country. We are actually turning the corner. You can sense it. You can feel it. Dan Moeglin talking about a project of $42,000,000.00. It’s not just money, it’s work. It’s jobs. It’s putting this economy back on the right setting and so you should all be congratulated. 2011 has been a monumentally difficult year on many, many levels but you people have risen to the task. You’ve done your job and you’ve done it extraordinarily well and from, I have a, kind of a different prospective up here. I get to see what all of you have done and you have been magnificent. Congratulations. Happy Holidays, Merry Christmas, Happy Hanukkah and I wish all of you a COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -777- MINUTES OF THE MEETING DECEMBER 19, 2011 health, happy successful 2012. With that Leader. MEMBER CIRELLI: (INAUDIBLE) PRESIDENT SCHULMAN: Well let’s adjourn and then we’ll, we won’t do anything Mary. How about that? OK, sure, go ahead. MEMBER CIRELLI: I am going to pass this out to government first, $37,000,000.00. It’s pay to the United States and I’m passing it out to government first, since it will all be gobbled up, as you will see, pay to the United States and if we have any left over it will go to the general public just like the way it is with real money. PRESIDENT SCHULMAN: And while you’re passing it out, can we adjourn. OK, Leader. MEMBER DOUGHERTY: Mr. President, one last thing before we leave. Good luck to you. You have my number, don’t throw it away and know that you can always call me no matter what if something comes up. Happy Holidays to everyone. Thank you very much for all your hard work. Thank you from the community...(INAUDIBLE). Best wishes to all of you. PRESIDENT SCHULMAN: Thank you Leader. Motion? MEMBER DOUGHERTY: I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn for the last meeting of 2011. Madame Clerk. NO REMARKS ROLL CALL: 11 YEAS, 1 NAYS (MEMBER BUTTERWORTH VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Happy Holidays everyone. (Gavel falls) ADJOURNMENT TIME: 8:59 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT