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City Council

Regular Meeting

Canton, OH · December 3, 2012

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -819- MINUTES OF THE MEETING DECEMBER 3, 2012 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. Such a beautiful night no one is here. With a quorum being present, the Chair call this meeting of City Council to order. Roll call vote please Madame Clerk.. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, CHRIS SMITH, KEVIN FISHER, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT SCHULMAN: Thank you. Tonight’s invocation was to be given by Assistant Majority Leader Griffin but he decided to bring in an amateur to give the invocation this evening. As I said to the Reverend, I don’t think he’s probably done this too often in mass but, never the less we’re pleased an honored tonight to have our invocation given by the Very Reverend Ron Klingler. If you’ll all stand and remain standing please for the Pledge of Allegiance. The regular meeting of Canton City Council was held on December 3, 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 the Very Reverend Father Ron Klingler. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much Reverend. That was much better than Member Griffin could have done. We’re now under Agenda Corrections and Changes. Members of Council you’re going to be asked to Suspend Rule 22A to add the 2nd Reading of Ordinances 9 through 13, holding 8 in Committee. Leader. MEMBER DOUGHERTY: Mr. President, I move that Rule 22A be suspended and add 2nd Readings of Ordinances 9 through 13 with #8 Retained in Committee.. MEMBER GRIFFIN: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 9 through 13, retaining 8 in Committee. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and Rule 22A is suspended. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -820- MINUTES OF THE MEETING DECEMBER 3, 2012 PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business. Is there any Director Price? SERVICE DIRECTOR PRICE: Mr. President, thank you. Pete DiGiacomo spoke regarding the door hangers that the gas company left stating that if they didn’t get in within 48 hours to read the meter that it would be shut off and he inquired as to what would happen if they were not home. This is not an area that the city has control over although I did place a call to the gas company which simply iterated their policy. That’s how they have to do it but I’m still working on that and trying to get a better answer to see if there is some other way to handle that but it’s not something that really the Service Director or City Council, we have any authority over that. It’s a public utility that’s regulated by the State of Ohio and that’s all I have. Thank you. PRESIDENT SCHULMAN: Thank you very much Director. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We have 4 speakers scheduled this evening. Our first is someone we’ve seen frequently and we enjoy. James Parker if you’ll step forward please and give us your name for the record and your residential address and as always welcome to Canton City Council. JAMES PARKER: Thank you Council President Schulman. James Parker, 630 Penny Street SE, North Canton, Ohio. Two interrelated articles from Tuesday, November 20th edition of the Cleveland Plain Dealer give us insight into problems and solutions for abandon properties within Canton as well as raising awareness of the real costs of a city with a glutton of vacant and blighted houses. While another article gives a glimpse into the future of urban landscape design and reutilization. Layla Atasi reports, Councilman says housing report correctly raised awareness of blight. Councilman Tony Brancatelli sites a Gaylord report that claims a $75.00 a day holding costs the city pays for every abandon home. That’s $27,000.00 a year. The report said the cost could range from $25.00 to $100.00 per diem. Arson, vandalism, trash, high grass, trees, etc., etc. additional to these economic costs not included were factors like crime rates, lost taxes, loss of property values, fines or other assessments. At last check, Canton has about 5,000 or so foreclosed, abandoned structures, give or take 500. How can we turn our expensive problem into solutions? What structures and functions will our future urban landscape be composed of and occupied. Here are a few ideas being pilot tested now as Dave Davis reports in the same November 20th edition of the Cleveland Plain Dealer. The crux of these ideas centers around careful removal of a house to be demolished saving the integrity of the foundation or basement then utilize the basic geothermal perma-culture knowledge that the frost line extends 36 inches or 3 feet deep. Beyond that, even in the dead of winter, ground temperature stays at about 52 degrees fahrenheit. Perfect weather for growing strawberries and mushrooms for example by placing a greenhouse style top on top of the foundation. Poof. Produce food creating these cottage style industries to grow. A Chinese proverb says “Don’t wait until you’re thirsty to dig a well”. Another idea is to convert these foundations to cisterns with cover 2 feet below the ground level. While fresh water covers only about 7% of the earth and with all the concerns for the quality of aquifers with the rapacious appetite of drilling companies willing to spend 18 cents a gallon for water, why not capture and save H2O. Muskingham Watershed Conservancy District tax credits would be issued for flooding control as well as selling the water outright. Think fish farms. From blue gills and catfish to tilapia and shrimp. Geothermal air conditioning, etc. for neighbors. These cisterns could serve multiple functions to support families, neighborhoods and cities. For COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -821- MINUTES OF THE MEETING DECEMBER 3, 2012 simplicity sake, it takes 3,000 bricks to make a cistern 10 foot square by 10 foot deep. That equals 400 square feet of water, which equals 7,500 gallons of water or $750.00 at 10 cents a gallon. A recent Repository article stated that several trillion gallons of water fall in Ohio every year. By the way, if the cistern were rebuilt round with the same amount of bricks, a 27% increase to 9225 gallons of water or almost $1,000.00 at 10 cents a cubic foot. 1,270 cubic feet can be achieved. This combination of architecture plus biology could reutilize the life span of the most durable fixture of a house, the foundation and begin the life of perma-culture reutilization. To learn more contact Jeannie Loria of Perma Culture of Mansfield Frazier, head of NPO Neighborhood Solutions Inc. where Terry Swartz, Director of KSU’s Development Cleveland Urban Design Collaborative who have reports available on the subject. Swartz is quoted as saying, “We’re demolishing a 1,000 homes a year so it would be nice to get something out of it. This process of demolition, vacancy and abandonment”. Thank you very much. PRESIDENT SCHULMAN: Thank you Mr. Parker very much. Our next speaker is Tim Porter. Mr. Porter good evening. Welcome to Canton City Council. If you’ll give us your name and your residential address please. TIM PORTER: Thank you. My name’s Tim Porter. I live at 1107 10th Street NW here in Canton. I just wanted to speak again about these cameras and let you guys, hopefully you guys will open your minds here a little bit. I’m dead set against cameras. I don’t think they’re going to solve what they’re meant to do but as I talk to some people and listen to some things about it, it will do what we need it to do and that’s generate money. I have one concern and that’s what it was going to cost the city. From what I understand, it’s not going to cost us anything. So if it’s not going to cost us anything but it’s going to make us some money, why wouldn’t we do it. It’s a three year thing. It’s a trial thing. We see how it works. We don’t like, we get rid of it. In the meantime, we still need to put the cops on the street and I still don’t here a plan for that. We’re all focused on cameras, put ‘em up. Let’s make some money. If we get $100,000.00 in 3 years, that’s $100,000.00 we didn’t have today. But we still need to put the cops on the street. The cameras aren’t the answer, they’re just a temporary band aid so why not try them out and get rid of the closed fines and make the city some money. We’ll spend $125,000.00 for bringing business to town in hopes of making money, but we won’t get free money. I mean nothings free. I understand they get part of it but we don’t have to do nothing to get it but let them put cameras in our town. Put up 5, 6 cameras, try ‘em out. We don’t like ‘em, we get rid of them. I mean it’s simple math. I think we’re just over thinking it. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Porter very much. Our next speaker is Leroy Lynch. Mr. Lynch good evening. Welcome again to Canton City Council. With the, I know you’ve been here I believe, will the interpreter tell us your name please. TIFFANY HAMILTON: Hi my name is Tiffany Hamilton. PRESIDENT SCHULMAN: Sure, nice to see you Tiffany. Nice to be here. Mr. Lynch. LEROY LYNCH: Hi, my name is Leroy Lynch and I live at 3911 Highview and thank you very much for allowing me to speak tonight. I am concerned about the Mayor and Chief of Staff. I got a paper here today with me that I received from the State Auditor and I’m not in agreement with the findings because I worked for many years and had deductions taken out of my pay and I had sick time accrued and vacation time and now I see that I’m being penalized and I’m losing some of that and I’m not getting any help from my union. They’ve completely ignored me and this is not about getting money. I mean I have plenty of compensation COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -822- MINUTES OF THE MEETING DECEMBER 3, 2012 but it’s just, I don’t understand why I’m being penalized. I had all these vacation hours and I over used my, I had more hours than I used. I gave back hours every year and I’m still getting penalized. They took hours away and it seems like I’m being punished for doing nothing wrong. So I would like to have somebody address that and change that and I’m not getting any help from the union. I have no affiliation with the union anymore so I’m coming to you for help because there’s nobody in the city that’s deaf that works there anymore. I was the only one and now other people are getting, you know, other minorities are getting hired, but the handicap aren’t and if I....you could put myself in, you could put yourself in my shoes, you’d understand how difficult it is for someone like me to find employment. PRESIDENT SCHULMAN: Thank you very much Mr. Lynch. (APPLAUSE) Our last speaker this evening is Andy Black. Mr. Black good evening. Welcome to Canton City Council. If you’ll give us your name and your residential address please. ANDY BLACK: Thank you. My name is Andy Black. I live at 3913 Market Avenue North and I’m the President of the Canton City Park Commission and I’m here tonight to ask you to support the Resolution placing the 4 mill levy on our May ballot. The past 5 months there have been Members of this Council, members of the Park Commission, members of the city, Canton City Schools, of the Canton Joint Recreation District, the J. Babe Sern, J. Babe Stearn Center, members as well as members from the Southeast Community Center, the “Peel” Coleman Center. This committee has been meeting to discuss how we can combine all our services, all of our recreational services and all of our parks into one entity and we’ve come up with a three phase program that with your support, your passage of this levy, would be the first step in creating that. And hopefully this levy would fund basically our park system as it exists today. It would provide funds for the two community centers and also provide funds for capital improvements in both of those entities. By doing that, it also takes out from the General Fund a similar amount of money that currently funds our parks and allows you the opportunity to do things like we’ve discussed in increasing the amount of police officers potentially or firemen and improve safety in our city. This group met and unanimously supports this effort. I’m encouraging you to adopt this Resolution to seek the Auditor’s validation of what that levy will generate and then work with us to answer any of your questions to define exactly what this levy supports and does for the betterment of our community. I think it’s a bold step for you to take forward and it’s a way for us to improve our city and just not sit back and talk about it. Let’s actually do something. I appreciate your support. Thank you. PRESIDENT SCHULMAN: Thank you very much sir. Appreciate it. (APPLAUSE) INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Turning now to Informal Resolutions. We have two this evening. Would you please begin Madame Clerk with Informal Resolution 63. #63. COUNCIL AS A WHOLE: CONGRATULATING SAINT JOHN THE BAPTIST CHURCH FOR THEIR HONORABLE ELEVATION TO MINOR BASILICA & FOR SERVING THIS COMMUNITY SINCE 1823. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Informal Resolution 63. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -823- MINUTES OF THE MEETING DECEMBER 3, 2012 MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 63. Any remarks? Hearing none.... MEMBER GRIFFIN: Mr. President, could we have it read please. PRESIDENT SCHULMAN: Sure, Madame Clerk. CLERK TIMBERLAKE: WHEREAS, On November 25, 2012 the Celebration of the Eucharist Solemizing the Designation of St. John the Baptist as a Minor Basilica took place after they received this elevation by Pope Benedict XVI on June 19, 2012; and WHEREAS, A Basilica is on honorific title bestowed on a church of historical or spiritual importance by the Holy Father; and WHEREAS, Churches honored with the title Basilica belong to two classes, Major and Minor. There are 9 major basilicas and 74 minor basilicas and St. John the Baptist - Canton is the only basilica in the Diocese of Youngstown; and WHEREAS, The title Basilica carries both privileges and obligations. Among the primary privileges are the right to display, both inside and outside, the coat of arms of the pope; and WHEREAS, The Basilica of Saint John the Baptist is one of the earliest anchors of the Catholic faith in Ohio. The first church building was dedicated in 1824. St. John the Baptist also was the home of Catholic education in its community. A Sunday school was in existence as early as 1839, and the first elementary school opened in 1845; and WHEREAS, The current pastor and rector, the Very Reverend Ronald Klingler, has served for 24 years in this position. He has been an excellent steward of the historic church building and parish grounds. Klingler has been a community leader in social concerns and economic development in the neighborhood surrounding his downtown parish campus. Under Father Klingler’s leadership, St. John’s also remains debt-free and is a conscientious participant in the financing of the diocese’s operations and the operation of its Catholic schools. NOW, THEREFORE,. BE IT RESOLVED: That we the Members of Council of the City of Canton do hereby go on public record congratulating SAINT JOHN THE BAPTIST CHURCH for their honorable elevation to Minor Basilica and for honorably serving this community since 1823. PRESIDENT SCHULMAN: Thank you Madame Clerk. Any other remarks? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: Very Reverend Klingler that you very much for all you’ve done. The folks have all asked 10 years ago, 12 years ago now when I came on to Council I asked Reverend Klingler to write my prayer for the Council meeting. It’s the same one I’ve used every year. Mr. West I think knows it by heart at this time but I had to finally put it in a plastic casing to keep it but I’ve done that as an always, I will continue to do that. And again, I was, I did attend St. John’s grade school. I did graduate from there and no I was not in the first class, but I did make it out of there and they had quite a few other people that serve in government that came out of St. John’s grade school. A lot of them became attorneys and lawyers. One of my first teachers was Butch Kraus’ sister. My 7th grade teacher actually and I credit her for my ornriness but she told me, she said “Greg Hawk you should be a lawyer or a politician because you will argue anything with anyone.” And when she called me, when I first got elected she did call me and Butch Kraus also attended that school. Reverend thank you very much for what you’ve COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -824- MINUTES OF THE MEETING DECEMBER 3, 2012 with the school and thank you very much for participation in the community. Thank you sir. PRESIDENT SCHULMAN: Leader. All those in favor of Resolution 63 signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #63 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Member Griffin. MEMBER GRIFFIN: Very Reverend, you may do that when you’re the Director of a Basilica. Father on behalf of City Council of Canton, I’d like to congratulate you and your committee for working together. It took three years to get this accomplished. I congratulate you and the parish and thank you very much. PRESIDENT SCHULMAN: Reverend before you speak, the Mayor I believe, has something he would like to give you also. Mayor Healy. MAYOR HEALY: In addition to the Resolution, I have a Proclamation from the Mayor. I couldn’t be more proud....inaudible. (APPLAUSE) PRESIDENT SCHULMAN: Reverend. VERY REVEREND RONALD KLINGLER: I’d just like to express my thanks and appreciation to City Council as well as to the Mayor’s office in recognizing St. John Church and the unique thing about it is, is that the history of St. John’s so parallels the history of the city of Canton. The way things happened and grew up and so on and there were many things that St. John’s was fortunate to be the first of and to the benefit of, to the city. I don’t know whether many of you know this but the radio station WHBC, originally started by one of the priests at St. John’s. He felt that his sermons were very good and he wanted them to be put on the radio and they said no. He said well then I will put my own radio station together and he went ahead and did all that. One of the modern situations that I think all of us are very familiar with is the Samaritan table which has been functioning for probably the last 30 years. We serve probably 500 meals every Thursday as well as our own parish pantry that we do and that’s part of the recognition, historical as well as social outreach and then presenting the title of basilica, the Bishop indicated that we need not to be just a museum church any longer but we continue to be challenged what the needs of our religious community need, to happens in our community this day. So on behalf of St. John Parish, I thank all of you and we well appreciate this recognition. PRESIDENT SCHULMAN: Thank you Reverend. (APPLAUSE) And Reverend you’ll be happy to know that if you wish to leave, you do not have to stay for the rest of the meeting. You will not be disrespectful in any way. VERY REVEREND RONALD KLINGLER: Thank you. PRESIDENT SCHULMAN: You’re welcome. Turning now to Informal Resolution 64. Madame Clerk. #64. COUNCIL AS A WHOLE: REQ COUNTY AUDITOR TO CERTIFY TOTAL CURRENT TAX VALUATION OF CITY & INCLUDE THE CALCULATION OF THE AVERAGE ANNUAL TAX RATE, EXPRESSED IN DOLLARS & CENTS FOR EACH $100.00 OF VALUATION AS WELL AS IN MILLS FOR EACH $1.00 OF TAX VALUATION & THE DOLLAR AMT OF REVENUE THAT COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -825- MINUTES OF THE MEETING DECEMBER 3, 2012 WOULD BE GENERATED BY 4 MILLS. - VOTE PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move that we adopt Informal Resolution 64. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 64. Any remarks under this Resolution? Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #64 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED DECEMBER 3, 2012. 418. AUDITOR MALLONN: REQ TO ENTER INTO 3-YR EXTENSION FOR CONTINUED USE OF KRONOS TIME & ATTENDANCE SOFTWARE; REQ TO ENTER INTO 1-YR CONTRACT, NOT TO EXCEED $25,000.00 FOR REMOTE DATABASE ADMIN SVCS TO ASSIST AUDITOR & MIS W/INSTALLATION & MIGRATION TO LATEST UPDATED SOFTWARE PROVIDED FOR BANNER; REQ TO ENTER INTO 3-YR EXTENSION FOR CONTINUED USE OF BANNER SOFTWARE. - FINANCE COMMITTEE 419. FINANCE DIRECTOR DIRUZZA: REQ LAW DEPT PREPARE LEGISLATION THAT WILL ALLOW THE RATIFICATION OF DRAFT VERSION OF 2013 BUDGET. - FINANCE COMMITTEE 420. MAYOR HEALY: REQ AUTHORIZING A BALLOT MEASURE FOR A LEVY FOR CANTON PARK SYSTEM IN AMT OF 4 MILLS FOR PARKS & RECREATIONAL OPERATIONS & CAPITAL IMPROVEMENTS TO BE PLACED ON THE MAY 2013 BALLOT FOR PERIOD OF 3 YRS BEGINNING 1/1/14. - PARKS & RECREATION COMMITTEE 421. MAYOR HEALY: REQ AUTHORIZING STARK COUNTY AUDITOR TO CERTIFY DOLLAR AMT EQUIVALENT TO 4 MILLS TO PURSUE PARK LEVY. - RECEIVED & FILED 422. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 761.01 OF CODIFIED ORDINANCES (COMMERCIAL HAULER’S LICENSE). - JUDICIARY COMMITTEE 423. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 763.04 OF CODIFIED COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -826- MINUTES OF THE MEETING DECEMBER 3, 2012 ORDINANCES (TAXICAB COMPANY’S LICENSE, REQUIREMENTS & LICENSE FEE). - JUDICIARY COMMITTEE 424. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 763.07 OF CODIFIED ORDINANCES (LICENSING; EXPIRATION; RENEWAL). - JUDICIARY COMMITTEE 425. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT FOR ALL CANTON CITY SCHOOLS TO BE SUBJECT TO AN ANNUAL INSPECTION FEE W/A REPORT IN AMT OF $100.00. - JUDICIARY COMMITTEE 426. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT TO ANNUALLY CHARGE FOR INSPECTION OF SPRINKLER SYSTEM TESTS FOR FEE OF $100.00. IF SPRINKLER SYSTEM NEEDS TO BE RE-INSPECTED THERE WILL BE A FEE OF $150.00 ASSESSED. IF SPRINKLER SYSTEM NEEDS TO BE INSPECTED A 2ND TIME THERE WILL BE A $200.00 FEE ASSESSED. - JUDICIARY COMMITTEE 427. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $75.00 FEE FOR ALL THOSE SEEKING A PERMIT TO ERECT A LARGE TENT DEFINED AS 200 FEET OR TALLER TO FIRE PREVENTION BUREAU. - JUDICIARY COMMITTEE 428. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FEE FOR ALL DAY CARE FACILITY PERMITS OPERATING IN CITY; ASSESSING A $50.00 FEE FOR ALL TYPE B DAY CARE FACILITY PERMITS OPERATING IN CITY. - JUDICIARY COMMITTEE 429. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FEE FOR TIRE STORAGE IN CITY. - JUDICIARY COMMITTEE 430. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $150.00 FEE FOR HIGH RISE BUILDINGS, DEFINED AS THOSE BLDGS 3 OR MORE STORIES, INSPECTIONS IN THE CITY. - JUDICIARY COMMITTEE 431. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $50.00 FEE FOR ANNUAL GROUP HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 432. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $50.00 FOR ANNUAL FOSTER HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 433. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FOR ANNUAL NURSING HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 434. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $300.00 FOR ANNUAL HOSPITAL INSPECTIONS IN CITY. - JUDICIARY COMMITTEE COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -827- MINUTES OF THE MEETING DECEMBER 3, 2012 435. SAFETY DIRECTOR REAM & SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS & PROF SVCS FOR CITY’S OPERATION DURING 2013 CALENDAR YEAR; REQ TO ENTER INTO CONTRACT FOR PURCHASE OF SAID ITEMS IN ACCORDANCE W/ORC 125.04, STATE COOP PURCH AGMT, ORC 5513.01, ODOT PURCHASING AGMT & ORC 735.05, NONPROFIT AGENCIES. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to First Reading 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 Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #7A FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT GRANT WITH 12 R POWER CO.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH 12 R POWER CO. TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE CANTON LOCAL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) OF THE REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL # 02- 24286 FOR JACQUELINE & CARLSTON HEDGESPETH ON 4TH ST NE) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL # 02- 13025 FOR DEAN & JENNIFER KING ON RICHARD PLACE NW) Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #1 WITH GOODWILL INDUSTRIES IN AN COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -828- MINUTES OF THE MEETING DECEMBER 3, 2012 AMOUNT NOT TO EXCEED $25,000.00 FOR THE BROWNFIELD JOB TRAINING GRANT; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS, APPROPRIATION TRANSFERS AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (TO PRESERVE THE INTEGRITY OF COMPENSATED ABSENCES FUND) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND INTERFUND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (HEALTH AND LIFE INSURANCE FUND) Referred to Finance Committee #7A. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT A DONATION IN THE AMOUNT OF $50,000.00 FROM SARTA TO PROVIDE FUNDING FOR A PLAYGROUND AREA AND WALKING PATH; AUTHORIZING THE AUDITOR TO ESTABLISH THE 2450 SARTA AREA IMPROVEMENT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the Second Reading. Would you please begin Madame Clerk with Ordinance #9 or I’m sorry.... CLERK TIMBERLAKE: Nine. Eight is Retained in Committee. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #9 THROUGH #13 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE 8 WAS RETAINED IN COMMITTEE): #8. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR THE IMPLEMENTATION OF AN AUTOMATED PHOTO TRAFFIC ENFORCEMENT PILOT PROGRAM IN LIMITED AREAS OF THE CITY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO AMEND THE EXISTING PLAIN TOWNSHIP - CITY OF CANTON COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT (CEDA); AND DECLARING THE SAME TO BE AN EMERGENCY (CENTRAL ALLIED) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -829- MINUTES OF THE MEETING DECEMBER 3, 2012 #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (VARIOUS FUNDS INCLUDING SERV DIR, AUDITOR, CIVIL SERV, LAW, JUDGES, FIRE, MOTOR VEHICLES, MAINTENANCE) #11. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AN AGREEMENT WITH THE STARK COUNTY EMERGENCY MANAGEMENT AGENCY TO RECEIVE A REIMBURSABLE GRANT IN AN AMOUNT UP TO $92,250.00 FOR THE PURPOSES OF THE INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM (IECGP) AND TO PURCHASE UP TO $123,000.00 WORTH OF EQUIPMENT FROM MOTOROLA PURSUANT TO O.R.C. SECTION 125.04; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($90,000.00 - CENTRAL COMM ADMIN) #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR, ENTER INTO CONTRACT FOR AND RECEIVE FUNDS FROM THE MUSKINGUM WATERSHED CONSERVANCY DISTRICT THROUGH ITS LOCAL GRANT PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LONG-TERM AGREEMENT WITH AMERICAN LANDFILL, INC. FOR LEACHATE AND SLUDGE DISPOSAL; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. Turning now to Ordinances and Formal Resolutions for the Third and final Reading and vote. Would you please begin with Ordinance 14. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 198/2012 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH AMBAFLEX MANUFACTURING, INC. TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE CANTON LOCAL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) OF THE REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 14. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14. Any remarks under this Ordinance? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -830- MINUTES OF THE MEETING DECEMBER 3, 2012 MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: I was just wondering if somebody could speak to the fact that during the Committee hearing, our Economic Development Director, Fonda Williams made mention to the fact that there would be language included in the final draft on this to the extent of their use of local construction. I have not seen anything to that point. Do we know if this language exists at this point? PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Mr. President, Councilman Fisher. Yes it does. MEMBER FISHER: Wonderful. Thank you sir. PRESIDENT SCHULMAN: Thank you Member Fisher. Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #14 ADOPTED AS ORDINANCE NO. 198/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 14 is adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 199/2012 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT GRANT WITH AMBAFLEX MANUFACTURING INC.; AND DECLARING THE SAME TO BE AN EMERGENCY MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -831- MINUTES OF THE MEETING DECEMBER 3, 2012 MEMBER CIRELLI: I believe Mr. Price could answer this question. Sir could you tell us the amount again of the grant that we will be getting and the jobs and what we hope the people that get these jobs will be making sir. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: I’m going to have to defer to the Development Director. I’m sorry. PRESIDENT SCHULMAN: Mr. Williams. Good evening. Director Williams. COMMUNITY DEVELOPMENT DIRECTOR WILLIAMS: Yes sir. Member of Council the grant is $125,000.00. It’s a reimbursement grant based on the creation of 5 new jobs so basically it’s a ratio of 25,000 to 1. It is a reimbursement grant so the jobs have to be provided for the incentive to take place. MEMBER CIRELLI: Mr. President and Mr. Williams I had spoke to the gentleman it’s, you introduced me to last week and he said that, I can’t remember the exact starting wage but, that some of those jobs could go up and pay as high as 50 some thousand dollars. COMMUNITY DEVELOPMENT DIRECTOR WILLIAMS: That is correct. MEMBER CIRELLI: Just like to have that on, that’s why....I’m glad you were here tonight so that we had that on the record. So, thank you very much sir. PRESIDENT SCHULMAN: Thank you Director. Thank you very much Member Cirelli. Thank you. Any other remarks? Hearing none Madame Clerk roll call on Ordinance 15.. CLERK TIMBERLAKE: Twelve yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 199/2012 PRESIDENT SCHULMAN: Ordinance 15 has been adopted. Ordinance 16. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 200/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT THE PRICE QUOTE AND TO PURCHASE A NATURAL GAS ENGINE FOR THE CITY OF CANTON’S 2412 - 13TH STREET NW LIFT STATION; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we adopt Ordinance 16. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks under this COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -832- MINUTES OF THE MEETING DECEMBER 3, 2012 Ordinance? Hearing none, Madame Clerk roll call vote please. CLERK TIMBERLAKE: Twelve yeas Mr. President. #16 ADOPTED AS ORDINANCE NO. 200/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. Turning now to Announcement of Committee meetings. CLERK TIMBERLAKE: Number 17. PRESIDENT SCHULMAN: Oh, I’m sorry. 17, sorry. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 201/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR COMPREHENSIVE NETWORK SERVICE AGREEMENT WITH ACLARA RF SYSTEMS INC. IN AN AMOUNT NOT TO EXCEED $28,080.00 TO PROVIDE SYSTEM AND SOFTWARE MAINTENANCE FOR CANTON’S EXISTING AUTOMATED METER READING SYSTEM; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY (FR: UNAPPROP BAL 5201 WATER FUND TO: 5201 207003 WATER BILLING - OTHER $16,848.00; FR: UNAPPROP BAL 5410 SEWER FUND TO: 5410 207003 SEWER BILLING - OTHER $11,232.00) PRESIDENT SCHULMAN: Thank you Madame Clerk. That’s what happens when you take a week off. Leader. MEMBER DOUGHERTY: Mr. President, I move that we adopt Ordinance 17. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. CLERK TIMBERLAKE: Twelve yeas Mr. President. #17 ADOPTED AS ORDINANCE NO. 201/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we come to Announcement of Committee Meetings. Member Cole. MEMBER COLE: Mr. President, Finance will meet December 10th at 6:15 PM. PRESIDENT SCHULMAN: Thank you. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -833- MINUTES OF THE MEETING DECEMBER 3, 2012 MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: CD will meet also that day, same time. PRESIDENT SCHULMAN: Thank you. I think that is it. Correct? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. I have a couple things. I was delighted to see that the Chief was here but I assume he has left. Am I correct Director Ream? (Inaudible answer) In Saturday’s paper I found a very interesting article which I’ll try and, hopefully I’ll be able to find it but I can give it to you Mr. Ream, Safety Director Ream, if you would give it to him. It has to do with recruit, police recruits in Dayton. They are encouraging them to take a yoga, so it will help them deal with stress. Now we all know that a police officers job is very stressful and the less police officers there are, the more stressful this is. The one, I like the statement where the one gentleman said that we don’t understand the health impacts of the environment we work in. The emotional, physical and psychological toll and we all understand that there was unfortunately an athlete that shot his wife I believe today and then killed himself and they are really looking in to the fact of what’s happening in the brain of people that are under stress and under injuries as well so I think that would great if you’d consider that for our officers. I know we had that concern but I don’t know if we still have it or not as a stop catch that they can go to. But I saw this and the other thing was I had, always in the paper, God Bless it and sometimes, a nursing home abuse study. You probably seen that and I had a couple calls because in it, it said Jackson Township, there’s three residents who are missing from McKinley our nursing home on Market Avenue. Jackson Township police found one resident less than five miles northwest of the facility. Another one was found at Affinity Medical Center in Massillon and here was the problem, that was 8 miles away. The third is still missing so, some of the general public are a little bit concerns about that. We are getting an aging, graying matter and they’re looking at the nursing home issues and they say how can you have somebody that’s missing and nobody’s bothered, you know, what’s, what’s the rest of the story so if you can maybe get back to myself and I can call the people and reassure them and maybe even the press of something. Now the last thing I want to bring up is, and this is for Mr. Price. We have had, well excuse me, various email conversations between yourself, me and Tyler Converse about what I called crappy water in the 41st Street area. I happened to stop at a person’s house that they’ve always said to me, come over for coffee. So I stopped there. They didn’t know I was coming and so they made coffee and we’re sitting, chatting and what have you. Well I noticed that they had to go get water in like a den room or something and they have like we have in Council one of those big 5 gallon water system things, which I really didn’t think much about it. Well then I used the restroom before I left and I, force of habit, I just turned around, I was just gasped because of the toilet. It was just nothing but rust so then I, as I think they wanted me to get out of their house in a hurry but I stopped there and they didn’t expect me, you know and they were shocked that I noticed and so, it is crappy water. I’m feeling like Erin Brockovich because I asked them to bring this here tonight and they did. Would you like to drink that? That came out of the spigot and I did tell you that I would ask them to do so and I’m sorry if Tyler was really upset over it and if you seen his email today, he didn’t, what I made sort of like a pun, he didn’t accept it as such. He’s really upset over of it but sir I wouldn’t want to drink this out of my spigot and I don’t think anybody should be drinking this with Canton water because that’s our main asset that we’ve got. Our billion dollar asset and what it does to their pipes and their home and their appliances and I just couldn’t believe it and when they brought it tonight, I was really stunned so if you will take this and then see that Tyler has it and let him know if he thinks it’s crappy or not. Please let me know. Thank you. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -834- MINUTES OF THE MEETING DECEMBER 3, 2012 SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Yea, pass it down and I will take it to him. The area that we’re talking about is one of probably 4 areas where we have consist, we’ve had consist quality problems over a decade or so, or more. The, but the two most relevant neighborhoods there is 49th Street where we’ve had these problems and 44th Street we’ve had these problems. The way that the Water Department in the past had dealt with the problem on 49th Street was to simply open a valve and drain water for a period of almost a decade into the storm sewer. The bottom line was that was to keep the flow mowing so that we didn’t have this sort of problem. Now obviously that’s not something we really should be doing and so we put a stop to that and we been working on 49th Street and making some headway although we still have some problems and we’re naturally not able to really, we’re not able to do our hydrant flushing during the winter because of the hazard that poises to the streets and it freezing. 41st Street sits in a particularly low lying bowl and so topographically it’s a good 10 - 12 feet lower than the surrounding neighborhoods at least. The high pressure side of the system comes off the, the water tower and that’s isolated from that neighborhood. What has to be done when a distribution system is designed or developed or you add on it is you’ve got to either manually or by computer modeling decide whether to place that area on the high or the low pressure side of the system and because of where they’re at topographically, one easy fix would be to open up the high pressure valves on that side of the system and open up 41st Street and that basin to the high pressure side. The problem is, because of topographically how low they sit, the water pressure as we’ve asked engineers over the years would probably be in access of 100 PSI and would blow out the residential plumbing. So to increase the pressure but not to a degree that we’d destroy the residential plumbing, we would have to put pressure reducing valves, in other words, we’d have to put that whole neighborhood on the high side of the system. We’d have to install pressure reducing valves either at all of the entrances where we have lines that come in to that neighborhood or we’d have to put those pressure reducing valves on each service line or in each home and that’s probably not an ideal solution. So what we’re going to do and what we’ve talked with engineers about informally already but we’ll formalize that and get some design underway here. What we need to do is basically redesign that part of the distribution system. The, in addition to being on the, on the low pressure side, because it is in a topographically low area what happens is this sediment will collect simply as a matter of gravity in that low part of the system. Now while it looks bad OK, this water is not unfit for human consumption. MEMBER CIRELLI: Drink it. SERVICE DIRECTOR PRICE: (Drinks the water - APPLAUSE) That didn’t come out of the toilet did it? I understood this came out of the kitchen tap. The taste by the way, it’s not bad but it clearly, this is not the product we want to put out to the people in Canton, OK and I know that it seems like, you know our newer lines, those folks get, get perfectly clear water. The fact is, they’re getting perfectly new, shiny, large new lines that helps the flow. So hopefully our experts are correct that this is perfectly safe for human consumption. You’ll find out, maybe read about it in the Rep if it’s not but, anyway to share the pain I guess, I took a swig of it for you. But we are working on it. I’d love to put a time line on it. We’re preparing the budget for next year and these four particular neighborhoods we need to get into design on. We’re trying to solve the storm water problems over there as well but, we do need to get into design of fixing this but it’s a distribution system problem. We’re actually going to have to, this could be between 49th Street and 41st Street, this could be a multi-million dollar fix. But we are working on it. MEMBER CIRELLI: Mr. President, Mr. Price if you’re not at work tomorrow, we’re all going to really be concerned. I thank you for the explanation. You know how upset Tyler was over it and when I said they wanted to get me out of the house, I want you to know they were still in their pajamas when I went there. They didn’t really expect me but they were always saying stop over for coffee so I took them up on this, you know and when I say that today because COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -835- MINUTES OF THE MEETING DECEMBER 3, 2012 fortunately they made coffee, I mean out of that 5 gallon thing and you know I was thinking about this cause I’m, I don’t have a significant other that can carry it or somebody could carry it for me but if I had to bring that into my house all the time, I couldn’t. Member Babcock’s offering. (LAUGHTER) MEMBER WEST: Mr. President, just for clarity. PRESIDENT SCHULMAN: Member West. MEMBER WEST: So this was done because of new pipes that were laid. Is that correct sir? SERVICE DIRECTOR PRICE: No, it’s been pointed out that you can go to Hartville to the Hartville Hardware where we’re supplying their water and go into their bathroom or drinking fountain and you have perfectly clear water. That’s because it’s traveling over a much larger and new main and geographically it’s in a different area. It’s apples to oranges. They also have higher usage. The problem with 41st Street is, it sits low, the lines are smaller than they should have been originally designed and there’s dead ends on that part of the system. In addition we’ve not been able to boost the pressure just because of how the distribution system is designed. The ultimate solution is to upsize the lines and to go in and replace all those valves in the system to increase the pressure but not so much that we end up blowing out people’s residential plumbing. PRESIDENT SCHULMAN: OK, anything else Member Cirelli. MEMBER CIRELLI: Mr. President, God Bless You Mr. Price. He may have to because I’m sure.....I’m worried about you. I really am concerned about you. I mean.... PRESIDENT SCHULMAN: Well if you have any Immodium in your purse, I would recommend that you give it to the Director before you leave. Member Griffin do you have something? MEMBER GRIFFIN: Second what he’s going to say. (LAUGHTER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: I move to adjourn. MEMBER GRIFFIN: I second that. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas. PRESIDENT SCHULMAN: Thank you Madame Clerk. Meeting is adjourned. We hope to see the Director next Monday. (Gavel falls) ADJOURNMENT TIME: 8:17 PM COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -836- MINUTES OF THE MEETING DECEMBER 3, 2012 ATTEST: DECEMBER 6, 2012 APPROVED: DECEMBER 6, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM DECEMBER 3, 2012 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Very Reverend Klingler PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#9 - O#13; O#8 Retained in Com m ittee) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues From Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Jam es Parker: Read articles from the newspaper and relayed ideas that he feels would help the City; Tim Porter re: Feels that the City should give the Redflex cam eras a try but still need to put m ore cops on the streets; Leroy Lynch re: Expressed his dism ay about the letter that he received from the State Auditor’s Office; Andy Black re: Asked for support of the Resolution to place the 4 m ill park levy on the May ballot; INFORM AL RESOLUTIONS: 63. COUNCIL AS A W HOLE: CONGRATULATING SAINT JOHN THE BAPTIST CHURCH FOR THEIR HONORABLE ELEVATION TO MINOR BASILICA & FOR SERVING THIS COMMUNITY SINCE 1823. - ADOPTED 64. COUNCIL AS A W HOLE: REQ COUNTY AUDITOR TO CERTIFY TOTAL CURRENT TAX VALUATION OF CITY & INCLUDE THE CALCULATION OF THE AVERAGE ANNUAL TAX RATE, EXPRESSED IN DOLLARS & CENTS FOR EACH $100.00 OF VALUATION AS W ELL AS IN MILLS FOR EACH $1.00 OF TAX VALUATION & THE DOLLAR AMT OF REVENUE THAT W OULD BE GENERATED BY 4 MILLS. - ADOPTED COM M UNICATIONS: 418. AUDITOR MALLONN: REQ TO ENTER INTO 3-YR EXTENSION FOR CONTINUED USE OF KRONOS TIME & ATTENDANCE SOFTW ARE; REQ TO ENTER INTO 1-YR CONTRACT, NOT TO EXCEED $25,000.00 FOR REMOTE DATABASE ADMIN SVCS TO ASSIST AUDITOR & MIS W /INSTALLATION & MIGRATION TO LATEST UPDATED SOFTW ARE PROVIDED FOR BANNER; REQ TO ENTER INTO 3- YR EXTENSION FOR CONTINUED USE OF BANNER SOFTW ARE. - FINANCE COMMITTEE 419. FINANCE DIRECTOR DIRUZZA: REQ LAW DEPT PREPARE LEGISLATION THAT W ILL ALLOW THE RATIFICATION OF DRAFT VERSION OF 2013 BUDGET. - FINANCE COMMITTEE 420. MAYOR HEALY: REQ AUTHORIZING A BALLOT MEASURE FOR A LEVY FOR CANTON PARK SYSTEM IN AMT OF 4 MILLS FOR PARKS & RECREATIONAL OPERATIONS & CAPITAL IMPROVEMENTS TO BE PLACED ON THE MAY 2013 BALLOT FOR PERIOD OF 3 YRS BEGINNING 1/1/14. - PARKS & RECREATION COMMITTEE 421. MAYOR HEALY: REQ AUTHORIZING STARK COUNTY AUDITOR TO CERTIFY DOLLAR AMT EQUIVALENT TO 4 MILLS TO PURSUE PARK LEVY. - RECEIVED & FILED 422. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 761.01 OF CODIFIED ORDINANCES (COMMERCIAL HAULER’S LICENSE). - JUDICIARY COMMITTEE 423. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 763.04 OF CODIFIED ORDINANCES (TAXICAB COMPANY’S LICENSE, REQUIREMENTS & LICENSE FEE). - JUDICIARY COMMITTEE 424. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE IN SEC 763.07 OF CODIFIED ORDINANCES (LICENSING; EXPIRATION; RENEW AL). - JUDICIARY COMMITTEE 425. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT FOR ALL CANTON CITY SCHOOLS TO BE SUBJECT TO AN ANNUAL INSPECTION FEE W /A REPORT IN AMT OF $100.00. - JUDICIARY COMMITTEE 426. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT TO ANNUALLY CHARGE FOR INSPECTION OF SPRINKLER SYSTEM TESTS FOR FEE OF $100.00. IF SPRINKLER SYSTEM NEEDS TO BE RE-INSPECTED THERE W ILL BE A FEE OF $150.00 ASSESSED. IF SPRINKLER SYSTEM NEEDS TO BE INSPECTED A 2 ND TIME THERE W ILL BE A $200.00 FEE ASSESSED. - JUDICIARY COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - DECEMBER 3, 2012 COM M UNICATIONS CONTINUED: 427. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $75.00 FEE FOR ALL THOSE SEEKING A PERMIT TO ERECT A LARGE TENT DEFINED AS 200 FEET OR TALLER TO FIRE PREVENTION BUREAU. - JUDICIARY COMMITTEE 428. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FEE FOR ALL DAY CARE FACILITY PERMITS OPERATING IN CITY; ASSESSING A $50.00 FEE FOR ALL TYPE B DAY CARE FACILITY PERMITS OPERATING IN CITY. - JUDICIARY COMMITTEE 429. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FEE FOR TIRE STORAGE IN CITY. - JUDICIARY COMMITTEE 430. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $150.00 FEE FOR HIGH RISE BUILDINGS, DEFINED AS THOSE BLDGS 3 OR MORE STORIES, INSPECTIONS IN THE CITY. - JUDICIARY COMMITTEE 431. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $50.00 FEE FOR ANNUAL GROUP HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 432. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $50.00 FOR ANNUAL FOSTER HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 433. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $100.00 FOR ANNUAL NURSING HOME INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 434. SAFETY DIRECTOR REAM: REQ TO AMEND FEE SCHEDULE FOR FIRE DEPT ASSESSING A $300.00 FOR ANNUAL HOSPITAL INSPECTIONS IN CITY. - JUDICIARY COMMITTEE 435. SAFETY DIRECTOR REAM & SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS & PROF SVCS FOR CITY’S OPERATION DURING 2013 CALENDAR YEAR; REQ TO ENTER INTO CONTRACT FOR PURCHASE OF SAID ITEMS IN ACCORDANCE W /ORC 125.04, STATE COOP PURCH AGMT, ORC 5513.01, ODOT PURCHASING AGMT & ORC 735.05, NONPROFIT AGENCIES. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CDBG ECONOMIC DEV GRANT W /1 2 R POW ER CO.; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W /I2 R POW ER CO. TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON LOCAL BOARD OF ED AS REQUIRED TO BE PAID PURSUANT TO SEC 5709.82 (C) OF THE REVISED CODE; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. ESTABLISH FAIR MKT VALUE OF 1 PARCEL OF CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-24286 - 4 th ST NE - JACQUELINE & CARLSTON HEDGESPETH) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 4. ESTABLISH FAIR MKT VALUE OF 1 PARCEL OF CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-13025 - PART OF LOTS NOS. 1869 & 1870 - DEAN & JENNIFER KING) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CHANGE ORDER #1 W /GOODW ILL IND IN AMT NOT TO EXCEED $25,000.00 FOR THE BROW NFIELD JOB TRAINING GRANT; AMEND APPROP O#220/2011; EMERGENCY ($25,000.00 TO 2235 506009 BROW NFIELD JOB TRAINING GRANT - OTHER) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 6. AMEND APPROP O#220/2011, AS AMENDED, BY MAKING VARIOUS SUPP APPROPS, APPROP TRANSFERS & INTERFUND TRANSFERS; EMERGENCY (TO PRESERVE INTEGRITY OF COMPENSATED ABSENCES FUND) Referred to Finance Com m ittee 1 ST RDG 7. AMEND APPROP O#220/2011, AS AMENDED, BY MAKING VARIOUS SUPP APPROPS & INTERFUND TRANSFERS; EMERGENCY (HEALTH & LIFE INSURANCE FUND) Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - DECEMBER 3, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 7A. AUTHORIZE SERV DIR TO ACCEPT DONATION IN AMT OF $50,000.00 FROM SARTA TO PROVIDE FUNDING FOR A PLAYGROUND AREA & W ALKING PATH; AUTHORIZE AUDITOR TO ESTABLISH 2450 SARTA AREA IMPROVEMENT FUND; EMERGENCY Referred to Finance Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#9 - O#13; O#8 RETAINED IN COMMITTEE) RETAINED IN CM TE 8. AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS AGMT W /REDFLEX TRAFFIC SYSTEMS INC FOR IMPLEMENTATION OF AN AUTOMATED PHOTO TRAFFIC ENFORCEMENT PILOT PROGRAM IN LIMITED AREAS OF CITY (JUD) 2 ND RDG 9. AUTHORIZE MAYOR AND/OR SERV DIR TO AMEND EXISTING PLAIN TW NSHP - CITY OF CANTON COOP ECONOMIC DEV AGMT (CENTRAL ALLIED); EMERGENCY (ANNEX) 2 ND RDG 10. AMEND APPROP O#220/2011, AS AMENDED, BY MAKING SUPP APPROP & APPROP TRANSFERS HEREIN DESCRIBED; EMERGENCY (VARIOUS FUNDS INCLUDING SERV DIR, AUDITOR, CIVIL SERV, LAW , JUDGES, FIRE, MOTOR VEHICLES, MAINTENANCE) (FIN) 2 ND RDG 11. AUTHORIZE SAF DIR TO ENTER INTO AGMT W ITH STARK COUNTY EMERGENCY MGMT AGENCY TO RCV REIMBURSABLE GRANT IN AMT UP TO $92,250.00 FOR PURPOSES OF INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROG (IECGP) & PURCHASE UP TO $123,000.00 W ORTH OF EQUIP FROM MOTOROLA PURSUANT TO O.R.C. SECTION 125.04; AMEND APPROP O#220/2011 FOR $90,000.00 FROM UNAPPROP BAL 4502 DMV TO 4502 103501 CENTRAL COMM ADMIN - OTHER; EMERGENCY (PPCI) 2 ND RDG 12. AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR, ENTER INTO CONTRACT FOR & RCV FUNDS FROM MUSKINGUM W ATERSHED CONSERVANCY DISTRICT THROUGH ITS LOCAL GRANT PROG; EMERGENCY (FIN) 2 ND RDG 13. AUTHORIZE SERV DIR TO ENTER INTO LONG-TERM AGMT W ITH AMERICAN LANDFILL, INC. FOR LEACHATE & SLUDGE DISPOSAL; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 198/2012 14. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W /AMBAFLEX MANUFACTURING INC TO PROVIDE REAL PROP TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON LOCAL BD OF ED AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) OF REVISED CODE; EMERGENCY 199/2012 15. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CDBG ECONOMIC DEV GRANT W /AMBAFLEX MANUFACTURING INC; EMERGENCY 200/2012 16. AUTHORIZE SERV DIR TO ACCEPT PRICE QUOTE & PURCHASE NATURAL GAS ENGINE FOR CITY OF CANTON’S 2412 - 13 TH ST NW LIFT STATION; EMERGENCY 201/2012 17. AUTHORIZE SERV DIR TO ENTER INTO ONE-YEAR COMPREHENSIVE NETW ORK SERVICE AGMT W /ACLARA RF SYSTEMS INC IN AMT NOT TO EXCEED $28,080.00 TO PROVIDE SYSTEM & SOFTW ARE MAINTENANCE FOR CANTON’S EXISTING AUTOMATED METER READING SYSTEM; AMENDING APPROP O#220/2011 BY MAKING $16,848.00 & $11,232.00 SUPP APPROP; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, DECEM BER 10, 2012 in Council Caucus Room at 6:15 P.M . 1) Finance Com m ittee 2) Com m unity & Econom ic Developm ent Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Relayed that there was an article in the newspaper where the City of Dayton is suggesting that their police recruits take yoga classes. Also discussed an article from the paper about abuse at nursing hom es. Lastly, brought a bottle of water from a constituents hom e on 41 st St NW and asked why the water was discolored; Service Director Price re: Explained the ongoing problem s the City has had with the water in that area and relayed the plans to fix them . ADJOURNM ENT: 8:17 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, DECEM BER 10, 2012 @ 7:30 PM

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