City Council

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -160- MINUTES OF THE MEETING MARCH 5, 2012 PRESIDENT SCHULMAN: Good evening ladies and gentlemen, welcome to Canton City Council. Before we begin tonight, although I took all their names, I didn’t realize there were so many of them, we have a Government class from Jackson High School, will you all stand. Welcome, thank you for being here. I don’t know whether you have to stay the entire meeting but if you don’t you’re welcome to leave just leave quietly please. With a quorum being present, the Chair does call this meeting of Canton City Council to order. Roll call please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 10 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, PATRICK BARTON, JAMES BABCOCK, MARY CIRELLI, JOE COLE, JAMES GRIFFIN, CHRIS SMITH, KEVIN FISHER, EDMOND MACK & FRANK MORRIS) TEN COUNCIL MEMBERS PRESENT. (MEMBERS HAWK AND WEST ABSENT) CLERK TIMBERLAKE: Ten present Mr. President, two absent. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader Dougherty I’ll recognize a motion to excuse Members Hawk and West from this evening’s meeting and if the record would reflect and the audience would understand, they both came down with what’s going around. So, we hope their feeling better and I know they’ll be back next week. Leader. MEMBER DOUGHERTY: Yeah, Mr. President I move we excuse Members West and Hawk from tonight’s meeting. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Members Hawk and West from this evening’s meeting. Any remarks? Hearing none, roll call vote please Madame Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, the motion carries. Members Hawk and West are excused from this evening’s meetings....meeting. We’ll have our invocation given tonight by 3rd Ward Council Member Jim Griffin who I believe is filling in for Member West and if you’ll all stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on March 5, 2012 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, James Griffin. The Pledge of Allegiance led by President Allen Schulman. PRESIDENT SCHULMAN: Thank you Member Griffin very much, appreciate that. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -161- MINUTES OF THE MEETING MARCH 5, 2012 PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have no Public Hearings this evening OLD BUSINESS PRESIDENT SCHULMAN: Chief of Staff Price is sick...he’s sick to so apparently, it’s a good thing we’re here tonight. We wish him a speedy recovery and hope he’s feeling better. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks, we have 9 speakers this evening. I just found out that we have a new system that we’re installing. We’ll see how it works but for those who have not spoken, you have 3 minutes and then you’ll hear this bell which we may or may not keep. But in any case you do have 3 minutes and you know, we do appreciate you coming down. Now we’ve heard a great deal as you know in the last 2 meetings about the feral cat problem. I think we’ve got it, I’m not telling you not to stand up and talk but we’ve heard it loud and clear. I know that the Committee is meeting and we are concerned as you are about that issue and also the Animal Control position, we understand that concern. But we’ll begin tonight’s Public Speaks by inviting Steve Silver. Mr. Silver, if you’ll step forward and give us your name and your residential address, welcome. STEVEN SILVER: Steven Silver, 2007 Kirk Court NW, Canton, Ohio. I’d like to thank Council for allowing me to speak at their meetings. This is the 4 time I’ve spoken to Council about the current animal control policy. Last week you were prevented....or presented information from Mr. Jim Adams from the Health Department. Mr. Adams said he does not know of any cases of cats giving diseases including rabies to humans in this County and City in the last 30 years, he said possibly longer. Mr. Adams said there might be a potential for disease to be spread through feral cats. Mr. Adams has no facts to base this statement on. I believe Mr. Adams’ statement that might be potentially giving diseases are absolutely ludicrous. People have more potential of getting ill and catching diseases from people. You’re kids going to school, sexual promiscuity, the food we eat, the environment, we pollute it, all cause more disease in the last 30 years that Mr. Adams said he thought feral cats did. Let’s see, he said that number was zero, zero people infected by feral cats according to the Canton City Health Department and Mr. Adams’ presentation and opinions were based on no facts as Council knows. You have people at these meetings that have comprised unbiased facts that I don’t believe you’ve been listening to. What happened at Council Meeting with some of the animal advocates as I was told 5 weeks ago when I was in this room that was going to happen with the Personnel Committee? I’ve not seen that happen. After all the people speaking against the Animal Control Officer himself and the current animal control policy that leads to the extermination of feral cats as well as several other animals, Mr. Patrick Barton has decided to write all of you on Council requesting the Law Department to prepare an Ordinance amending the contract with Phil Sedlacko from his current 90 day term as Animal Control Officer to a term ending December 31, 2013 with proportioned increase in fees. It’s not like you’re listening. I just don’t understand it. This weekend I emailed my concerns and discussed to all City Council Members about this request from Mr. Barton. I received one response and not from Mr. Barton who the email was addressed to and whose Ward I live in. He did not bother to respond to me. Only one Council Person decided to contact me. On March 3, 2012, one of your fellow Council Members contacted you by email telling you that he believes Mr. Sedlacko’s figures in which he is charging the City of Canton are fraudulent and inflated. I would like to Council to explain the 79 cats that Mr. Sedlacko charged the City for trapping that the Humane Society says he never brought there. In 10 or 20 years, none of this is going to matter, flowerbeds, any of this. What’s going to matter is that your choosing to save a life and that’s what I’m asking COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -162- MINUTES OF THE MEETING MARCH 5, 2012 you to do and invite me in. That is the way God almighty wants us to be. I’m asking Mr. Barton again that I would get an invitation. Thank you. PRESIDENT SCHULMAN: Thank you. Our next speaker is Richard Drake. Mr. Drake good evening, if you’ll step forward and give us your name and your residential address, welcome again. RICHARD DRAKE: My name is Richard Drake, I live at 3020 Sycamore Avenue, SE, Canton. I recommend getting rid of the bell and just get a hook to drag us off of here. (Laughter) PRESIDENT SCHULMAN: I hear ya. RICHARD DRAKE: I want Council to know any of your public calls and wants to know about planting trees in the public right of way, that has to run through City Engineer’s Office as of this time until we get the Ordinance in place. When a person comes into a City, the first thing they see is the green spaces. Trees and vegetation mark the health and pride of a community. It’s like a warm friendly personality in someone that you would like as a friend and welcomes you into their life. This is why we need a Tree Ordinance that is in the making and we need to get it fine tuned to ensure the health of the trees from all those who interact with them. I wouldn’t be here today saying this without the tireless effort of one individual who has been the driving force to save our trees and that person is Patricia Kirk. We all owe her an applause for her love of trees and her desire for a greener urban landscape and I’m disappointed because she’s not here tonight.... PRESIDENT SCHULMAN: I know. RICHARD DRAKE: She’s always been here but I’m going to give her an applause. (APPLAUSE) And one other thing, remember that trees do not live forever. Design and follow a landscape plan that includes a cycle or maintenance and replacement. This is the best way to preserve the health of our trees and ensure a safe and enjoyable outdoor experience. Now I’m telling you guys this because when the Ordinance all goes through and you need to know more about how to care about for trees other than have the nursery come plant them and their forgotten about and they need to be taken better care of. I got a minute and 20 seconds here I can donate to somebody else. (Laughter) PRESIDENT SCHULMAN: Well you may as well stay up there, see that’s the problem with that.... RICHARD DRAKE: I felt so bad the last time I was here I went brain dead. I lost my place and I thought I was on the Gong Show. I was waiting for (inaudible) to drag me out of here and I never did find my place so I apologize. I hope I made up for it. PRESIDENT SCHULMAN: Great job as always, thank you very much Dick. RICHARD DRAKE: Thank you. PRESIDENT SCHULMAN: Thank you Member Morris very much. See there’s always a downside, somebody speaks for a minute and they go “Oh, I’ve got two minutes, I’ll keep talking.” Our next speaker is Dana Ray. Ms. Ray good evening if you’ll step forward and give us your name and your residential address and welcome. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -163- MINUTES OF THE MEETING MARCH 5, 2012 DANA RAY: Hi, my name is Dana Ray and live at 1891 Nichols Road in Akron, Ohio. I have three words, stupid, naive, intelligent. Stupid is showing a lack of intelligence, perception and common sense. People Care Pet Pantry was called the other day. We had four cats that we had to take care of because the family could no longer afford to feed them. When the volunteer got there, they realized that the cats were emaciated. We tried to get them to relinquish the pets to us and they wouldn’t.... PRESIDENT SCHULMAN: Can you just move that down just a little bit more.... DANA RAY: You’re cutting my time. PRESIDENT SCHULMAN: That’s okay, I’ll give you more believe me. Try it now. DANA RAY: Is this better. PRESIDENT SCHULMAN: Yeah, thank you. DANA RAY: Okay, anyway we tried to talk them into relinquishing the pets to us and they refused. So the volunteer left, a few days later we got a phone call and they said yes, they would relinquish them. When she got there, she found out that the emaciated female had now had kittens. Nobody knew she was pregnant. So we got the mother, the two cats and the 4 little kittens but we would not relinquish one of them. It happened to be a male, unaltered. The reason was, he could go outside, he could fend for himself. In the meantime he goes outside and he gets other cats pregnant, now we’ve got ferals. Naive, extremely simple and trusting. Now you’ve got a feral cat, you call Sedlacko, he comes over and he traps this animal. He takes that animal to the Humane Society to have it put down. He goes through the backdoor, drops off the crate. They log this in to their records. Sedlacko leaves, they take the crate, they flip it on the side, they take a catch pole, put it down, grab a hold of this cat and as they’re carrying across the way, they go over to the side where they have what’s known as a squeeze gate. They put the cat into that, they take the fence and they put it totally up against this cat. They take the serum or the syringe with the Euthanol and they inject it into the cat, heaven only knows where exactly it’s hit. After they’re finished with that, they take the paperwork that Sedlacko had given them, they write numbers, exactly what they have done, how many cats they have killed. Sedlacko comes back, he picks up that trap and he takes the paperwork with him. As far as the racoons, that’s another whole problem, if you relocate these, the chances of their survival in the first two weeks is very poor. The best thing is humanly euthanize them and in order to do that along with the skunks and the opossums and everything else the humane way is to either shoot them in the head or drown them. Now, intelligent, sensible, and rational. After seeing the video and hearing all of the citizens, the concerned citizens readily have said about the way Sedlacko treats animals. The intelligent person would say no hire...no hiring to him, not put him anywhere near an animal. We can’t fix stupid, we have informed you so you can no longer be naive. Please prove to us you’re intelligent, fire Sedlacko and help us institute a good TNR progam. PRESIDENT SCHULMAN: Thank you very much. Thank you. Our next speaker is Vicki Boatright, Ms. Boatright, if you’ll step forward and give us your name and your residential address and welcome again to City Council. VICKI BOATRIGHT: My name is Vicki Boatright, I live at 332 ½ 4th Street NW, Canton. I’ve been here COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -164- MINUTES OF THE MEETING MARCH 5, 2012 three times to speak on the animal control issue, I’ve also spoken with some of you briefly after Council Meetings. Each time I’ve been asked to present numbers about the cost effectiveness of trap, neuter and return. Since the only number you’ve been able to give to me is 3, as in 3 minutes, I’ve not been able to offer you sufficient numbers on this issue. I realize that the cost of a new program have to be fully (inaudible). Until you develop a committee to sit down with myself and other educated advocates however, you’re not going to get anything but bad math. No one can give you a legitimate cost benefit analysis in a 3 minute Public Speaks session. Toby Franks has gone to great lengths to bring in a team of professionals from Alley Cat Allies to meet with you to break it down. Still yet I learned that the issue is being fast tracked through Council before a legitimate discussion can be had. I urge you to wait until you can make an informed decision. I asked Council to do two things for me as a citizen of Canton. Number one, place the Animal Control Officer position up for a bidding process to allow other persons to bid for that position. Number two, make a public commitment to developing a trap, neuter, return program through active engagement and dialogue with local advocates. We want to work with you, not against you but we will not go away if these problems with the current Animal Control Officer go unaddressed. Here are some numbers that matter to me, according to reports 375 cats were captured by Phil Sedlacko in his job as Animal Control last year. 32 of those cats were reported adopted and the rest were euthanized. That’s 343 cats killed, no questions asked, no chance to determine if they were pets that accidently slipped out the door. And if a child asks, where did Fluffy go, what are you going to say? The truth? I’m sorry little Tiffany, 343 Fluffy’s were killed because people didn’t like them in their yard. The message we are sending kids is kill it if it bothers you. Is that really the message we want to send our kids? Thank you. PRESIDENT SCHULMAN: Thank you very much. Our next speaker is Rosemary Hayne, is that correct? Hayne I’m sorry. Good evening and welcome. ROSEMARY HAYNE: My name is Rosemary Hayne, I live at 141 36th Street NW, Canton. I am a resident of Canton City. This is my first time speaking on this issue. I’m the past President of the Stark Dog Warden Advisory Board. I have volunteered for about 5 or 6 years at the Stark Dog Pound and I have witnessed dogs being abused there by some of the staff, including Mr. Sedlacko. I no longer walk dogs there because I emotionally can’t take it. Although I do continue in a fund raising capacity. Tonight I and some of my friends who couldn’t make it tonight but do live in the City limits have some questions about the Animal Control situation. One, how is Mr. Sedlacko hired? Was this job, which includes a $27,000.00 a year salary plus use of a van and City gas posted so others could apply? Two, why is, while using the City’s van to drive back and forth from his Perry Township home to work at the pound? Why is he filling his van up at the City pump? Why did he use the Canton Animal Control van on the night of the darting incident in the video to drive to the County pound, take a County dog to the ER vet, take the dead body back to the pound and drive home? I just want to say I’m opposed to renewing Mr. Sedlacko’s contract for Animal Control Officer and I am for investigating the trap, neuter, release as a solution to the feral cat population. And, since I have a minute left, in the 15 years I have lived here in Canton City, I have not found it necessary to call the Animal Control Officer once for the occasional skunk, raccoon, stray cat that I’ve seen in my neighborhood, they go their way, I go mine. If I felt or thought there was a health or safety issue such as rabies, if the animal was acting strange or whatever I would be alarmed and would have called the Animal Control Officer. Thank you very much for listening. PRESIDENT SCHULMAN: Thank you very much. Our next speaker is Deborah Bartlett. Ms. Bartlett if COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -165- MINUTES OF THE MEETING MARCH 5, 2012 you’ll step forward and give us your name and your residential address and welcome to Canton City Council. Good evening. DEBORAH BARTLETT: Good evening, thank you for letting me speak tonight. My name is Deborah Bartlett, I live at 2407 Woodline Avenue, NW, North Lawrence, Ohio. I am here with my children on...to give a little bit of testimony on Deputy Phil. I am here on behalf of the removal of Deputy Phil. I had an experience with Phil, which wasn’t a very pleasant one. It was about my pit bull, his name was Blade. I wasn’t at home at the time of Deputy Phil’s arrival. However, my oldest son who is mentally challenged was. When Phil talked...when Phil had talked with me over the phone since I wasn’t at home, he had expressed that I didn’t have the proper rabie shot or dog license for my dog, I did. Phil expressed to me that pit bulls were dangerous and that he didn’t like them and I needed to comply within the time frame for rabie shots and dog license or I will be fined and could receive jail time and the removal and the destruction of my dog. We have had this dog since he was a puppy. Because of his actions, I contacted his Supervisor, as you all know I’m vocal. His Supervisor explained to me that the dog license was outdated and I needed to obtain another one, that was my fault. However, the rabie shot was never mentioned because it was up to date. I explained to the Supervisor that I would correct that problem, however I never wanted Phil to step foot on my premises again after he came for the last check, he could come back for the last check to make sure I had the proper information for the dog. After that, if he stepped foot on my property I would call the Stark County Sheriff and have him arrested. His Supervisor was very cordial and the next day my youngest son went and bought the license. Phil did come back and make sure we complied and we did. He again expressed his anger to my oldest son who is mentally challenged about destroying my dog. Two days after him coming to my home, I found my dog dead. A perfectly healthy pit bull that you see in that picture was taken two days before his death. I cannot say or will I say that Deputy Phil had anything to do with it but I do not find it a coincidence, I find none of it a coincidence. Phil has not only violated Ohio Revised Code 959.13, cruelty to animals with this last incident but he has also proven his cruelty to individuals that he comes in contact with. This man should be charged with his crime and should be removed. Any person who knows anything about dogs, when a dog is hurt and in pain, if you try to do anything to that dog, that dog will retaliate, it is a common thing. You have to be educated on how to take care of dogs. Thank you. PRESIDENT SCHULMAN: Thank you very much. Our next speaker is Jeanette Morris. Ms. Morris, good evening, if you’ll step forward and give us your name and your residential address please. JEANETTE MORRIS: Jeanette Morris, 7156 Clearhaven Street, NE in East Canton, Ohio. The issue that Phil Sedlacko has the ability to catch animals effectively is not in question. I am quite sure he can catch animals and also be prompt, efficient as well as friendly with anyone who he does business with. I’m also very sure that many of you feel the video that caught Phil inhumanely handling a dog was just a mistake. Even though many of us cringe that anyone would label what happened was just a mistake knowing full well being cruel and inhumane is not a mistake, it is a lack of professional behavior, inability to follow proper guarding specifications, inability to recognize a dog that has been darted in a fashion that has a high probability of bleeding to death, hosing the dog to hide the quantity of blood that has already bled far too much and general disdain for the animal in distress when he hosed it. The issue that really begs to be answered is how well do you really know Phil beyond what he wants to show you? Have any of you witnessed his inhumane handling of dogs or other animals as some of us have? Does the fact that others have witnessed these deeds bother you enough to wonder if there’s anything about Phil that raises doubt about his real personality? The profile of many people of the most cruel have shown us that the people who thought they knew them were among the most shocked to hear they have done some terrible thing. Neighbors, friends, relatives suffer surprise to learn COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -166- MINUTES OF THE MEETING MARCH 5, 2012 what some people are doing in secret or when they feel no one who counts is looking. I am the witness to three other dogs Phil Sedlocko handled in an extremely inhumane fashion. Such a fashion as to cause damage to the dog’s trachea and to blow discs in their necks. You have heard from others, what else do you need to realize that Phil may have issues that show with absolute blatant certainty he is not what he portrays himself to many to be. It frightens me that he gets away with so much and still has anyone’s support at all. Thank you. PRESIDENT SCHULMAN: Thank you very much. Our next...our next speaker is Greg Morris. Mr. Morris if you’ll step forward and give us your name and your residential address and welcome. GREG MORRIS: Okay, my name is Greg Morris, I live at 7156 Clearhaven Street in Osnaburg Township and I’m a fish farmer and with doing that we have to live and cohabitate with all kinds of wildlife, even though they destroy money that we’ve invested in raising fish, feeding them and bringing them to maturity. Killing the animals is always a last resort whether you’re dealing with the Game Warden or...or anyone else to get a ...a deprivation permit. Implementing forms of deterrent are quite effective and successful and should be exhausted first. I ask you, how are the cats accessed before they’re destroyed? Are we killing our children’s pets? If so, how can we justify this, they’re private property. Citizens of this community have raised serious questions about the lack of compassion these animals receive while in the Animal Control Officer’s care. On behalf of Fluffy, Snowball and Star, I beg you, give life a chance. At least try the TNM program, what could it hurt? The citizens you chose to ignore could be the ones that chose not to re-elect you. Thank you. PRESIDENT SCHULMAN: Thank you very much. Our last speaker this evening is Pete DiGiacomo. Mr. DiGiacomo, good evening. If you’ll step forward and give us your name and your residential address please and welcome again. PETE DIGIACOMO: My name is Pete DiGiacomo, I live at 600 Dent Place SW, Canton, Ohio. I gotta put my glasses on. This here is mainly for the Administration since Council has already passed an Ordinance about how to turn in felons with firearms. If you’ve read the papers or anything like that, was it last...not this past weekend, the weekend before there was a murder up on 4th and High SW. What I heard was the person was accidently shot by somebody else who was shooting at somebody else. Bottom line is somebody was murdered and I’m a betting person and I would give you odds that the person that did the shooting was a felon so that means he had an illegal gun. Problem is you got to get the witnesses to come forward. Another incident, this past...last week there a I don’t know if you want to call it...I’ll just say an arrest, they arrested two people of Forest SW, one was for a parole violation and I’m not sure what the other one was, he just happened to be at the wrong place at the wrong time but the one had a 45 caliber machine gun, not a rifle, not a pistol, machine gun. That’s what it said in the Repository. The other per...the was also a 45 caliber hand gun also found there along with drug paraphernalia. About a month ago down at Tassel’s Bar there was an argument, something happened, whatever, again somebody was shot, a felon, illegal gun I believe that was also. Council has passed the Ordinance, they’ve got some of the money there to try to get these weapons off the street. I would urge you to please try to look into it, try to implement the program and Mr. Hawk...Councilman Hawk is not here right now but like he said “If you can save one life, it’s worth it.” Thank you very much. PRESIDENT SCHULMAN: Thank you very much. And that concludes or Public Speaks this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Turning now to Informal Resolutions. Resolution #21 has been withdrawn. We’ll come back to Resolution #22 at a later time. Would you please read Resolution 23 Madame Clerk. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -167- MINUTES OF THE MEETING MARCH 5, 2012 #21. BABCOCK, J. & COLE, J. CNCL-AT-LRG; WARD MBRS, DOUGHERTY, D., BARTON, P., & FISHER, K.: CANTON CITY COUNCIL WAIVES THE PROVISIONS OF SECTION 151.14(A) AND PERMITS THE APPLICATION TO TRANSFER 1353.57 HOURS OF ACCUMULATED SICK LEAVE 300 HRS UPON HIRE, 300 HRS EACH YR THEREAFTER UNTIL YEAR 5 WHEN THE BALANCE OF HRS SHALL BE TRANSFERRED TO THE CITY OF CANTON TO BE USED PURSUANT TO APPLICABLE CODIFIED PROVISIONS AND PERSONNEL ORDINANCES AND CANTON CITY COUNCIL GRANTS THE APPLICANT VACATION TIME AS FOLLOWS: 3 WKS, 1-2 YRS; 4 WKS, 3-4 YRS; 5 WKS IN YR 5, THEREAFTER VACATION SHALL BE ACCRUED PURSUANT TO CODIFIED ORDINANCE. - WITHDRAWN #23. CIRELLI, M., CNCL-AT-LRG: REQUESTING BUY LOCAL AND AMERICAN. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 23. MEMBER BARTON: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you pass Resolution 23. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #23 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries, the Resolution is adopted. Resolution #24 please Madame Clerk. #24. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF KELLI SCOTT TO FAIR HOUSING COMMISSION FOR RETRO TERM 2/1/12 - 1/31/17. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 24. MEMBER BARTON: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 24. Any remarks under this Resolution? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #24 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries and Resolution 24 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We now are under Communications. Let the journal show that all COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -168- MINUTES OF THE MEETING MARCH 5, 2012 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 MARCH 5, 2012. 102. AUDITOR MALLONN: MONTHLY RPT BY FUND 2/1/12 - 2/29/12. - RECEIVED & FILED 103. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/12 - 2/29/12. - RECEIVED & FILED 104. DEVELOPMENT DIRECTOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACTS WITH LOCAL AGENCIES IN AMT NOT TO EXCEED $390,000.00 IN HOME FUNDS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 105. LIQUOR CONTROL DIVISION (OHIO): HEARING SCHEDULED FOR OWNERSHIP TRANSFER APPLICATION OF D5 PERMIT FOR TASSELS PUB LLC @ 1153 MCKINLEY AVE SW, 1ST FL & BSMT. - RECEIVED & FILED 106. LIQUOR CONTROL DIVISION (OHIO): HEARING RE-SCHEDULED FOR RENEWAL OF C1 C2 PERMIT FOR HALL MART INC. DBA HALL FUEL MART @ 3325 HARMONT AVE NE. - RECEIVED & FILED 107. MAYOR WILLIAM HEALY: AUTHORIZE APPT OF CLASSIE GROCE TO FAIR HOUSING COMMISSION FOR TERM OF 4/1/12 - 3/31/17. - PERSONNEL COMMITTEE 108. MAYOR WILLIAM HEALY: WRITING TO REQ AUTHORIZATION TO THE PERSONNEL COMMITTEE TO FILE AND PRESENT AN INFORMAL RESOLUTION FOR 3/5/12 MEETING OF COUNCIL WHICH WILL AUTHORIZE VACATION & SICK TIME FOR A DIRECTOR OF INFORMATION TECHNOLOGY THAT I PROPOSE TO HIRE IN MARCH, 2012. - PERSONNEL COMMITTEE 109. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 2/29/12. - RECEIVED & FILED 110. PERSONNEL CHAIRMAN BARTON: AMEND ANIMAL CONTROL OFFICER CONTRACT. - JUDICIARY AND PERSONNEL COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to First Reading Ordinance. Madame Clerk will you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #9 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -169- MINUTES OF THE MEETING MARCH 5, 2012 #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATE ORDINANCE NO. 220/2011 TO APPROPRIATE ADDITIONAL MONEYS NEEDED FOR THE OPERATING EXPENSES OF THE CITY OF CANTON FOR THE REMAINDER OF FISCAL YEAR 2012; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 22/2004; AND DECLARING THE SAME TO BE AN EMERGENCY (CORRECTION OF VACATION PLAT - LAWN SW - DUMONT’S) Referred to Public Safety & Thoroughfares Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO CONTRACT WITH THE BELOW-NAMED CITIES AND VILLAGES TO PROVIDE LEGAL REPRESENTATION CONCERNING THE PROSECUTION OF CRIMINAL CASES AND RELATED MATTERS BY THE CITY PROSECUTOR’S OFFICE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BLACK, MCCUSKEY, SOUERS & ARBAUGH IN AMOUNT NOT TO EXCEED $30,000.00 TO PROVIDE SPECIALIZED LEGAL ASSISTANCE WITH WORKERS’ COMPENSATION CASES; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A CONTRACT WITH WESTERN STATES CONTRACTING ALLIANCE (WSCA) FOR THE PURCHASE OF SPRINT EQUIPMENT AND WIRELESS COMMUNICATION SERVICES FOR THE POLICE DEPARTMENT; RATIFYING ANY ACTIONS TAKEN BY THE DIRECTOR OF PUBLIC SAFETY; AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION TO SPRINTCOM EQUIPMENT CO., LP; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF A STANDBY GENERATOR INCLUDING ELECTRICAL WIRING AND APPURTENANCES FOR THE COLLECTIONS SYSTEM SERVICE BUILDING; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00) Referred to Public Property Capital Improvement & Finance Committees COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -170- MINUTES OF THE MEETING MARCH 5, 2012 #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A TWO-YEAR PROFESSIONAL SERVICES CONTRACT WITH KIKO AUCTIONEERS, INC. TO CONDUCT AUCTIONS AT THE CANTON SERVICE CENTER FOR THE SALE OF JUNK AND SCRAP ITEMS AND IMPOUNDED VEHICLES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee (COUNCIL RECESSED AT 8:02 P.M. FOR THE PERSONNEL COMMITTEE TO DISCUSS ORDINANCE #8; RECONVENED AT 8:06 P.M.) #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 32/2012 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; AND DECLARING THE SAME TO BE AN EMERGENCY (DIRECTOR OF INFORMATION TECHNOLOGY) Referred to Personnel Committee (COUNCIL RECESSED AT 8:07 P.M. FOR THE COMMUNITY & ECONOMIC COMMITTEE TO DISCUSS ORDINANCE #9; RECONVENED AT 8:08 P.M.) #9. (1ST RDG) ADOPTED AS ORDINANCE NO. 33/2012 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 Referred to Community & Economic Development Committee PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for the Second Reading, we have none. CLERK TIMBERLAKE: We have Committee Meetings, First Readings..... PRESIDENT SCHULMAN: Pardon? CLERK TIMBERLAKE: ...on Ordinance #8. PRESIDENT SCHULMAN: What is it? CLERK TIMBERLAKE: Committee Meetings on Ordinance #8. PRESIDENT SCHULMAN: Sorry I missed that. Thank you. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -171- MINUTES OF THE MEETING MARCH 5, 2012 CLERK TIMBERLAKE: Your welcome. PRESIDENT SCHULMAN: At this time then the Chair would declare an in house recess for Personnel, Community & Economic Development Committees to meet in regard to Ordinances 8 and 9. You’re in recess. PRESIDENT SCHULMAN: Council will reconvene after its recess. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 8 and 9 back on this evening’s Agenda. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A. Are there any remarks? If not Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. PRESIDENT SCHULMAN: The motion carries, Ordinances 8 and 9 are a legal part of your Agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 8. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Statutory Rules for Ordinance 8. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, 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 8. PRESIDENT SCHULMAN: It’s been moved.... MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: ...and seconded to adopt Ordinance #8. Any remarks? Hearing none, Madame COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -172- MINUTES OF THE MEETING MARCH 5, 2012 Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 32/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 8 had been adopted. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 9. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Statutory Rules for Ordinance 9. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, 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 9. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #9. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 33/2012 PRESIDENT SCHULMAN: The motion carries and Ordinance 9 is adopted. And at this time we will now go back to Ordinance 22, or excuse me Resolution 22. I feel like this is a puzzle tonight. Leader. MEMBER DOUGHERTY: Can we have it read. PRESIDENT SCHULMAN: Sure, Madame Clerk. #22. BABCOCK, J. & COLE, J. CNCL-AT-LRG; WARD MBRS, DOUGHERTY, D., BARTON, P., & COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -173- MINUTES OF THE MEETING MARCH 5, 2012 FISHER, K.: CANTON CITY COUNCIL AUTHORIZES THE ADMINISTRATION TO UTILIZE UP TO 93% OF THE SALARY FOR THE CURRENTLY VACANT NON-BARGAINING UNIT MANAGEMENT POSITION OF DIRECTOR OF INFORMATION TECHNOLOGY IN ORDER TO FIND A QUALIFIED CANDIDATE. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 22. MEMBER BARTON: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 22. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #22 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The Resolution is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Now we’re going to go back to Ordinances and Formal Resolutions for the Third and Final Reading and Vote. Madame Clerk. #10. (3RD RDG) RECONSIDERED 27/2012 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (HEALING AND WELLNESS CENTER @ 1120 15TH ST NW, OUTLOT 239) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we reconsider Ordinance #27/2012 adopted February 27th. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you reconsider Ordinance #27/2012 adopted on February 27, 2012. Any remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yeah, we’re just reconsidering this because it wasn’t read and we voted on it. So there was a little confusion, we just gotta clean this up. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -174- MINUTES OF THE MEETING MARCH 5, 2012 PRESIDENT SCHULMAN: I think the President made a mistake on that. In any case, thank you Leader. Any other remarks? Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #10 RECONSIDERED AS ORDINANCE NO. 27/2012 PRESIDENT SCHULMAN: Motion carries and Ordinance 27/2012 has been Reconsidered. Ordinance #11 please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 34/2012 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH FREED HOUSING TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR A TENANT BASED RENTAL ASSISTANCE PROGRAM TO BENEFIT LOW TO MODERATE INCOME INDIVIDUALS AND FAMILIES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 11. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 34/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk the motion carries. Ordinance #11 is adopted. Ordinance #12 please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 35/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A LEASE AGREEMENT WITH VXI GLOBAL SOLUTIONS FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -175- MINUTES OF THE MEETING MARCH 5, 2012 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 12. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12. Any remarks under the Ordinance? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Mr. President, to the Mayor, this is the one our Millennium Parking Deck where we have entered into contract with the Courts, who are...and I can’t recall how many spaces that they are paying $50.00 a month for and that is actually taxpayers’ dollars but with Global Solutions which is a private business we’re going to give them I believe 60 spaces at $23.00 a month, is that correct sir? PRESIDENT SCHULMAN: Safety Director. SAFETY DIRECTOR REAM: That is correct. As we discussed in Caucus, we’re working on standardizing our rates and we need to get through these contracts this year and we should have a proposal to present to Council this summer. MEMBER CIRELLI: Thank you. And Mr. President and Mr. Safety Director Ream, how many contracts are there, separate contracts are there sir? PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: I believe right around 7, 6 or 7, right around there. MEMBER CIRELLI: Thank you. Mr. President and Mr. Safety Director Ream, if we have 7 contracts and we’re entering into the contracts like this one for...and I’m not sure right off the top my head how long the length of time is, how are we going to ever bring them to some sense of uniformity because the other ones are for a length of time and they’re all for different lengths of time, so how would that... PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: The answer is once we get the standardized rates in place then as these contracts expire then we’ll roll them into those standardized rates. That’s how we’ll do it. MEMBER CIRELLI: Mr. President and Mr. Ream, you know the expiration date on this one sir? SAFETY DIRECTOR REAM: I believe it’s the end of the year yes, most of them are. MEMBER CIRELLI: Mr. President, do you recall the last one that we went into contract with the Chamber of Commerce and together that was with the Courts, what was their’s for sir? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -176- MINUTES OF THE MEETING MARCH 5, 2012 PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: The end of the year. MEMBER CIRELLI: Okay so then Mr. President, this Council can feel rest assured that come the end of the year that’s at least two, we don’t know about the other 5 that will more or less expire at the same time. PRESIDENT SCHULMAN: Director. MEMBER CIRELLI: Does that sound correct? But we don’t know about the other 5. SAFETY DIRECTOR REAM: That is correct. We feel that by this time next year we should...we should be in pretty good shape with the standardization of all these fees. MEMBER CIRELLI: Mr. President and Mr. Ream. Of all 7 contracts then is what you’re saying? PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: I believe most of them are expiring the end of the year, I’d have to check to make sure but they’re...they’re all in the same time range. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President. I would like to point out too that there are a few contracts that were done prior, in fact most of these contracts were...were things we carried over. But one for example is a contract that was used for an economic development tool that gave free parking for ten years to an organization for them to stay downtown as part of their incentive program. So, although some of these rates vary, there is different reasons for the purposes of these rates and it’s very difficult to standardize everything at one time when you got contracts and deals that were made to help bring jobs downtown or create jobs in Canton. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you and to the Mayor, thank you for the explanation of that but why is it sir we would not charge a private entity company at least the same amount that we are charging the taxpayers? PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Yeah, thank you. This particular company is a new company downtown that came as of August, they’ve already hired 600 employees and have the intent to hire 700 more. In their growing pains as an expanding company, they needed some assistance in trying to find places, at least temporarily to find where they can park these people while they’re looking for long term solution. So this arrangement was one of the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -177- MINUTES OF THE MEETING MARCH 5, 2012 better rates that we had for some of the groups but again, when you’ve got a company bring in 1300 jobs to downtown Canton, you tend to make a few exceptions and this one was one of those exceptions. We are still charging them and it’s additional dollars for our parking deck on spaces that would have otherwise been empty but we’re trying to assist this company while they’re trying to work through their growing pains. MEMBER CIRELLI: And Mr. President and Mayor Healy, one more question. Are we charging the company itself and then they are allotting their employees to park, are they...are they eating the cost of it or are they going to charge that to their employees? PRESIDENT SCHULMAN: Mayor. MAYOR HEALY: Yeah, I mean I can’t tell you what they are doing with...with the arrangements, you have to check with them, each company is different. But I can tell you that many of these contracts are valued based off of how many slots they need. Sometimes a company is coming in to negotiate for 10 spaces and sometimes a company is coming in to...to negotiate for 100 or 150 or 200 spaces and obviously the terms would be different. The second thing is the length of time that they want for their contracts and also whether they want premium space or just any space because a lot of these parking spaces in those decks are on first floor or by the exit door and we charge more for those based on where they’re located. Others don’t really care if they’re on the last space on the last floor, they just want a parking space. So, the...the premium spaces also are an indicator why there would be a difference. Also why when we set this plan in place it’s going to have a chart that’s going to determine based on the number of spaces you’re asking for, based on the location of those spaces, the time, length of the contract. So, there’s a number of variables that will go into play as we try to standardize this in the future but in the past there was no standardization process and that’s what we’re dealing with now is a variety of different contracts that we’re now going to try to...try to streamline as much as possible or at least have a chart that everybody knows based on where they are on the chart, what their rate will be in the future. Thank you. MEMBER CIRELLI: Thank you. PRESIDENT SCHULMAN: Okay, thank you, Member Cirelli, thank you. Any other questions? I know this is an important issue. I would assume the Finance Committee has jurisdiction over this and I’m sure Finance will meet in regard to this. So, anything else? Hearing none Madame Clerk, roll call vote please on Ordinance #12. NO REMARKS ROLL CALL 7 YEAS, 2 NAYS, 1 ABSTAIN (MEMBERS FISHER & MORRIS VOTED NAY; MEMBER MACK ABSTAINED) CLERK TIMBERLAKE: Seven yeas, two nays, one abstained Mr. President. #12 ADOPTED AS ORDINANCE NO. 35/2012 PRESIDENT SCHULMAN: Member Morris you were a negative? No? Okay. The Ordinance is adopted. Ordinance #.... CLERK TIMBERLAKE: 13. PRESIDENT SCHULMAN: 13 please. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -178- MINUTES OF THE MEETING MARCH 5, 2012 #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 36/2012 AN ORDINANCE AMENDING ORDINANCE NO. 200/2011 TO AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT AN ADDITIONAL $49,600.00 IN FUNDS FROM THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND TO AMEND APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER BARTON: 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 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 36/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance #13 is adopted. Ordinance #14 please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 37/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO CONTRACT WITH CTI ENGINEERS, INC FOR ENGINEERING SERVICES; ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR CONSTRUCTION OF THE WATER MAIN REPLACEMENT; ACCEPT OHIO PUBLIC WORKS COMMISSION (OPWC) GRANT FUNDS IN THE AMOUNT OF $477,300.00 AND ACCEPT OPWC ZERO PERCENT LOAN FUNDS FOR A TERM OF TEN YEARS IN THE AMOUNT OF $167,700.00; AUTHORIZE THE AUDITOR TO ESTABLISH THE 5226 HARRISBURG WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 14. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14. Any remarks? Hearing none Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -179- MINUTES OF THE MEETING MARCH 5, 2012 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 37/2012 PRESIDENT SCHULMAN: The motion carries and Ordinance #14 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now turn to Announcement of Committee meetings. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE. Yes we will have Finance Committee on March 12th at 6:15. PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will meet the 12th at 6:15. PRESIDENT SCHULMAN: Thank you. Anyone else? Member Smith. MEMBER SMITH: I’m sorry. PRESIDENT SCHULMAN: That’s alright. MEMBER SMITH: (Inaudible) PRESIDENT SCHULMAN: 6:15, same time, same place. Thank you. Anyone else? CLERK TIMBERLAKE: Public Safety and Thoroughfares, Member Cirelli. MEMBER CIRELLI: (Inaudible) PRESIDENT SCHULMAN: Thank you Member Cirelli. Okay, I think that wraps.... CLERK TIMBERLAKE: Personnel PRESIDENT SCHULMAN: Yes? CLERK TIMBERLAKE: Personnel. PRESIDENT SCHULMAN: Personnel? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -180- MINUTES OF THE MEETING MARCH 5, 2012 CLERK TIMBERLAKE: Yes sir. We have an Informal Resolution. MEMBER BARTON: Personnel will meet same time, same place. PRESIDENT SCHULMAN: Great, thank you Member Barton. That does conclude that segment of when are the meetings and whose going to be there. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Miscellaneous Business, is there any? Leader. MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 10 YEAS, 0 NAYS CLERK TIMBERLAKE: Ten yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, Meeting is adjourned. (Gavel falls) ADJOURNMENT TIME: 8:25 P.M. ATTEST: MARCH 8, 2012 APPROVED: MARCH 8, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT