City Council

COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -359- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: Welcome to Canton City Council. How’s everybody doing? Good. Everybody have a good weekend? (Inaudible audience responses) We don’t start anything without the Clerk of Council is all I can tell you and you notice every one of us could be gone and the meeting would still take place. If our Clerk is gone, nothing happens so with a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, CHRIS SMITH, KEVIN FISHER, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) ALL COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation, although it states on the Agenda that it will be given by Council Member Frank Morris, he has deferred and he has asking Pastor David Morgan to give the invocation tonight so Pastor if you’ll step forward. If we’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on June 3, 2013 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 Pastor David Morgan. The Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: Thank you very much Pastor Morgan and I think Member Morris made a good choice in deferring his invocation tonight. It was excellent. And I would ask again in the audience...I usually don’t ask that but if you could turn off your cell phones it would be appreciated. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re under Agenda Corrections and Changes, Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 12 through 19. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 12 though 19 to this evening’s agenda. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Member Clerk. Rule 22A is suspended and the Ordinances are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -360- MINUTES OF THE MEETING JUNE 3, 2013 PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. We have no Public Hearings scheduled this evening. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business, we turn this, as we always do, to the Mayor’s Chief of Staff, Warren Price. Director. DIRECTOR PRICE: Thank you Mr. President. Under Old Business I’m going to start with the good news because, you know sometimes I’m on my A game but I’ve missed two meetings and there are a number of things that I’m going to have to follow up on and I’ll outline those too. But the good news first, as you read just before it was formally employed, I do want to tell you that ShotSpotter all 49 acoustic sensors are deployed throughout the city and it’s working well. And the test firing exercise to calibrate it was successful. I will also acknowledge and you’re welcome to hit me under Miscellaneous Business with this but I kinda wanted to be proactive about it. I also fully acknowledge that while everything went well from a technical standpoint and ShotSpotter’s functioning very well, I did receive a call from some citizens and a number Council People. The public relations handling of the test firing was not our finest hour. It will not happen again. I was a part of that decision making process not to issue a press release. There were three grown, halfway intelligent men that made that decision. I was amongst them and again we would probably handle it differently in the future. Next item, on the safety side, Mr. DiGiacomo I will get back to you on the May 20th issue and how many citations were written. I can tell you that we do, we do very rarely run traffic and we do it on a federal grant that we receive but I will find out on that date how long the officer was there and how many citations were issued for him. I did not see that before now. As well as the Henry Avenue speeding issue. If that’s not been looked into by the Police Department I will make sure that they are looking into that. I know the Mayor spoke at length with some folks on, around 15th and Struble NE and I did relay that information to the Chief and I know that we’re working that area as well. And as to, there was one other issue that I wanted to bring up, at least let the individual know that we’re on, Pat Kirk did ask why the Tree Commission has not met. I’ll just say that it will meet soon. I’ll make sure and get that scheduled. Part of the reason, we have the Commission appointed but we need all of the ad hoc members, naturally the weather’s good. I know you need to get out and start inventorying those trees and the Tree Commission actually involves quite a bit of work on the ground and so I will get Katie working on scheduling that tomorrow. So, we’ll get to work on that as well and that concludes my Old Business. Thank you. PRESIDENT SCHULMAN: Thank you Director. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have five speakers this evening. We just remind those who have spoken before, you have to sign in please by 7:15. So, for those of you who wish to speak down the road just please remember, it’s not a question of sitting and listening to Council before the meeting, you actually have to sign up by 7:15 or you drive everyone crazy. Our first speaker is Kathryn Ramsey. Miss Ramsey good evening. Welcome as always. Would you please give us your name and your residential address. KATHRYN RAMSEY: Good evening. My name is Kathryn Ramsey and I live at 2322 16th Street NE and I haven’t been speaking because I was attacked by this miserable laryngitis and my voice is changing and I couldn’t even make a sound for two weeks. I was miserable but I’m making up for it tonight. Ah summer, the time of ridding the face of the earth of all the garbage left from winter. First I’d like to say thank you to everyone from the city how helped make our veterans, firemen and policemen memorial dedication quite a success. It was COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -361- MINUTES OF THE MEETING JUNE 3, 2013 beautiful. Then I’d like to say thank you to all the hard workers who came out from the city today to make our neighborhood cleanup a partial success. There’s so much trash and neglected properties that what was to be a one day project, will probably run into tomorrow and maybe the next one. And I’m also curious as to why we have so many burned out houses that have never been torn down. I question that if these houses were in Ridgewood or Market Heights would these houses still be standing after all these years. Thank you for what has been torn down but these burned out, these are burned out eyesores. What is taking so long? In our cleanup efforts, we have encountered snakes, a possum, groundhogs by the millions and yes we’re back on this again, unspayed and unnuetered cats by the tens of millions. Ah summer, when cats breed and reproduce at alarming rates. That’s to all you people who rid us of our wonderful Animal Control person. Now why don’t you come out to the northeast end and rescue these street whores and relieve us of unwanted feline babies roaming our streets, destroying our flowerbeds and gardens and screaming to be bred again. Also we have a proliferation of portable basketball hoops breeding in the northeast end. You can hardly turn some corners for the placement of these hoops. Who’s responsible for seeing that these things are taken down. Yes, I know, it could be another LeBron James but I’d rather personally see a young man who knows how to mow a lawn or trim a bush and clean up his own property. I would also like to know the status of our street paving. Our streets are deplorable. I can’t even drive on Harrisburg Road and 16th Street is getting to be comparable. Is there hope in my lifetime to see my street paved? Thank you. (APPLAUSE) PRESIDENT SCHULMAN: Well Miss Ramsey, you have your voice back. Our next speaker is Pete DiGiacomo. Mr. DiGiacomo as always, welcome. If you’ll give us your name and your residential address. PETE DIGIACOMO: It’s Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. Chief of Staff has answered part of the question. The system is up for the shots. I believe Saturday is was you got a chance to really use it and I don’t know if you can comm...I know you can’t now but if you can comment on it as to was it a success or anything close to a success. That’s all I got to say. PRESIDENT SCHULMAN: Thank you. PETE DIGIACOMO: Thank you. PRESIDENT SCHULMAN: I’m going to jump a little out of order since this is on the same issue. Our next speaker will be Becky Murphy. Miss Murphy good evening. Welcome. If you’ll step forward and give us your name and you’re your residential address please. BECKY MURPHY: Thank you. My name is Becky Murphy and I live at 1470 St. Elmo Avenue NE. I want to thank you for addressing the PR disaster of the ShotSpotter system because that’s basically what my speech was about. I’m still going to read it though because there’s just some comments I’d like to address and I just want to give you guys some food for thought. So if you don’t recognize my name, I was in the Canton Repository on Friday. I was one of the people that had gotten a nice little space in the article that was written and I want to commend the Repository. They did a great job writing the article and addressing all the different sides of the issue. The test that was done in my neighborhood was on Wednesday at 10:30 in the evening. Now I understand Canton city was out of school but my kids go to OLOP and they still have school until tomorrow and they were in bed sleeping and I just think number one, it was horrible timing when it was decided to do the testing. Now Councilman Morris had some comments in the newspaper. I assume that you guys all voted for the system, not only because you’ll, it will help law enforcement catch more criminals since I think it was 85% of gun violence that the person who shot the gun doesn’t get caught. So I understand you guys are trying to catch more of those COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -362- MINUTES OF THE MEETING JUNE 3, 2013 people but in the end result is deterring crime and I don’t know, I don’t think there’s enough information out there to really say that it’s really going to help deter crime. Mr. Morris said, I hope the message gets out there and they know we have it and that be such that they stay the hell out of our city. The thugs are people who grew up in the city. They’re your neighbors. They grew up here. I mean there’s a lot of multi-faceted issues that go into why they have the behavior they have but it’s not going to be chasing any thugs away. They’re gonna still be here so I’m not really sure exactly what the thing is that you guys want to accomplish out of this outside of apprehending more people but there’s all kinds of research out there that says that alleviating poverty is the biggest thing we have to combat crime rates. Youngstown in 2011 had a 49.7% poverty rate. There crime rate is just above ours. We are technically worse than Youngstown and we have a very high poverty rate as well and the...there’s an article in the news, online that I found, Paul Gaines the Mahoning County Prosecutor and former Policeman has a very high opinion of the correlation between poverty and crime and how those are very much correlated. So, I’m not totally against this ShotSpotter system but, I think that we should be looking at more ways of spending taxpayer dollars on alleviating poverty in very smart ways, using the community you know, that we have to, to make that a success rather than just trying to fight crime with sensor systems that may or may not even work to alleviate crime. So, thank you for hearing me. PRESIDENT SCHULMAN: Thank you. Our next speaker is James Parker. Mr. Parker as always, good evening. Welcome to Canton City Council. Thank you very much Miss Murphy by the way. Thank you. If you’ll give us your name and your residential address. JAMES PARKER: Thank you Council President Schulman. James Parker, 630 Penny Street SE, North Canton, Ohio. I noticed a couple months back there was authorization to conduct ground water testing. I’d like to enter into the record that I’m hoping that inclusive into the contract of this testing, that they test for glyphosate which is commonly known as round up. Round up is used with genetically modified crops. Round up resistant organisms and seeds. They’re biotechnically manufactured. Evidence is now accumulating of the contamination of streams, rivers, rain, as well as ground water with GM associated chemicals including Monsanto’s glyphosate based herbicide Round up. Water, while genetic elements such as antibiotic resistant genes are emerging in water born microbes. There’s many studies that show they can test for illicit and licit drugs that are in our drinking waters. In addition to pathogens, arsenic, fluoride, chemical fertilizers, pesticides, industrial waste products, landfill leaks and gasoline, etc. Glyphosate in ground water, surface water and rainfall, again the active ingredient of Monsanto’s Round up herbicide is one of the most commonly used herbicides in the world owning to the widespread planting of glyphosate tolerant crops. It’s been associated with a host of human and livestock health issues including birth defects, reproductive problems, carcinogenicity, endocrine disorders, neurotoxicity and internal organ toxicity as well as lethality to frogs and harm to soil and aquatic ecosystems which, with all this in mind the contamination of water supplies with glyphosate a highly water soluble herbicide, has wide ranging implications. Ground water is recently been shown to be contaminated with glyphosate. Since water is located under the earth’s surface and supplies wells, aquifers, streams and makes up 70% of the worlds fresh water supplies. As rivers and lakes tend to be supported by ground water, much of the water we use for agriculture industry and drinking water is either drinking water or has been ground water at some point in the water cycle. An important study published in 2011 found that 140 ground water samples taken from Catalonia, Spain, 41% of them had glyphosate levels above the limit of detection contrary to the claim by Monsanto that the herbicide biodegrates rapidly in the environment or over the highest detected level reached 2.5 micrograms per liter which is above the already controversial high .1 microgram and .07 ug per liter. I believe that’s microgram drinking water limits in place in EU and US respectively. Catalonia is a region that does not even grow glyphosate tolerant gm crops that have been directly linked to increase glyphosate use. Thank you very much. I also want to caution COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -363- MINUTES OF THE MEETING JUNE 3, 2013 you when entering into the service agreement with the Hall of Fame Challenge to use caution like King Solomon would. It seems as though this race has been cut in half and we all know who the baby really belonged to when there was no, when the baby went to get cut in half. It was the person who objected the most. Thank you very much. PRESIDENT SCHULMAN: Thank you very much Mr. Parker. Before we ask Miss Kirk to step forward, the Director wanted to make a comment about the Shots fired system. DIRECTOR PRICE: Thank you Mr. President. Since it relates to something that was covered under Old Business, I just wanted to you know, get it out while these folks are still here. Pete I’d love to tell you whether it’s successful but I want to let Council know, we’re going to come back in two to three weeks as I’ve indicated privately to some Council Members. The Police Department just asked simply that I not talk about our total capabilities right now other than to say that the data that we’re getting back in our, in real time, we’re able to listen to it. There are pop ups that will show the caliber, the type, number of shots. It’s accurate within at least 25 meters. We’re showing it’s more accurate than that. Our police officers are getting that data in real time. What they’re doing with that, there’s a two pronged, very systematic approach to what we’re doing. There’s a short term and then there’s a more long term intelligence response. In two to three weeks we’ll come back, share that with you and we’ll share with you successes and failures we’ve had. I promise that to the community. I just, we need more data and since we’re trying to catch people kinda off guard, we do not want to let these, these folks know what were doing. And the only other thing to Miss Murphy, I see your kids out there. I want to apologize because you’re absolutely right. The firing off of weapons at 10:30 or 11:00 at night on city streets in neighborhoods. I would have been livid. I would have been here and on behalf of the Police Department of the city of Canton, I can do nothing but apologize for the timing. I do want to let the community and this Council know that, that was not our intention. This was to begin far earlier but we ran into a logistical issue but I think our senior folks were not made aware of. It was related to the vehicle that we were firing in. They were not able to start till 10:30. We needed to get the system on line so they did but I want to tell you, at least it was not by design that we did that at 10:30, 11:00 at night but either way, it wasn’t by design. It didn’t go well but I did want to apologize to you for what happened because I, I, I feel the same so thank you. PRESIDENT SCHULMAN: Mayor Healy did you want to say one other thing. MAYOR HEALY: Yes, a quick follow up. Thank you and two things in reference to this. Harrisburg Road is getting done this year. There is a separate grant for that, separate from our paving program so, I just wanted to let you know that, that’s expected to get done this summer. I don’t know the exact date but, Dave do you know that or if not we can get that information to you sometime later. And also on the ShotSpotter question about you know, any deterrent. This system was brought in because it is a deterrent. It has had an effect in cities that have brought it in of reducing gun related crime and gun related activity between 40 and 80% for all those cities that have used it. So it is definitely a deterrent. When they know it’s out there, they’re much more careful about when and where they use those weapons so obviously we have to worry about, you know getting jobs and education and other things that matter but I want to let you know that, that was the primary reason we brought it in. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. Now, Miss Kirk if you’ll step forward and give us your name and your residential address and welcome. PATRICIA KIRK: Thank you so much for letting me speak. I heard my name and panicked the first time. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -364- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: Your welcome. PATRICIA KIRK: Patricia Kirk, 131 5th Street NE. President of Downtown Central Neighborhood Association. As far as the Tree Commission is concerned, kudos. Thank you very much for giving us this Tree Commission. Although we have trouble settling on a date and a time, we do have one agreement already. We’re going to start slow from where we are and we’re gonna do things right. We haven’t even met yet. OK, about Ward 2, that’s about the only thing I can speak on but we seem to have trouble listening to the people. OK, do you remember, there’s a lot here. These surveys from 2008, 2012 and also the Governor before that and the people that gave us the loan to create Kresge’s space green and the people that worked around there at that time and lived around there all wanted it to stay green as a park. They didn’t want to see another building. They enjoyed watching it. They enjoyed eating in it and they relaxed in it. They didn’t want to see another building or an amphitheater. Also the second thing is there is an apartment house on the corner of, well it’s right on 5th Street NW, yellow brick. It was an apartment building. It is now a great fixer upper. I understand there’s a lot wrong with it. Several people have looked at it. Is there a way of lowering it’s price so that a private individual or company can own it because we have enough SMHA and HUD but the private apartment houses in Ward 2 are a plus and that would make a beautiful one and I have a question. What ever happened to that man that was called up because he had ordered his fracking employees to dump gallons of chemicals in our waterways? Have we started to clean up the waterway? What ever happened to that guy? Thank you very much and thank you for letting me talk. PRESIDENT SCHULMAN: You’re very welcome. Thank you Miss Kirk. (APPLAUSE) That concludes our Public Speaks tonight. I want to thank all our speakers. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Moving now to Informal Resolutions. Madame Clerk would you begin with Informal Resolution 29. #29. COUNCIL MEMBERS WEST & DOUGHERTY: REQUESTING AN ANIMAL CONTROL OFFICER. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we adopt Resolution 29. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 29. Any remarks? Hearing none, by voice vote all those in favor of signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #29 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it and the Motion carries and Ordinance, Informal Resolution 29 is adopted. Resolution 20, I sorry 30 please. #30. COUNCIL-AS-A-WHOLE: REAUTHORIZING THE CITY’S PARTICIPATION IN OHIO POLICE & FIRE PENSION SYSTEM (OP&F) FOR ELIGIBLE EMPLOYEES OF THE CANTON FIRE DEPT. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -365- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we adopt Resolution 30. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 30. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call, sorry by voice vote all those in favor of signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #30 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it and the Motion carries. Resolution 30 is adopted. Resolution 31 please. #31. COUNCIL-AS-A-WHOLE: REAUTHORIZING THE CITY’S PARTICIPATION IN OHIO POLICE & FIRE PENSION SYSTEM (OP&F) FOR ELIGIBLE EMPLOYEES OF THE CANTON POLICE DEPT. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we adopt Resolution 31. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 31. Any remarks? Hearing none, by voice vote again, all those in favor of signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #31 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it and the Motion carries and Resolution 31 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JUNE 3, 2013. 223. HEALTH COMMISSIONER ADAMS: 2012 ANNUAL RPT FOR HEALTH DEPT. - RECEIVED & FILED 224. LIQUOR CONTROL DIVISION (OHIO): REQ D2 D2X D3 D3A D6 LIQ PERMIT TRANSFER FROM TONIA HOOVER DBA R & R TAVERN & PATIO TO MARK & FRANCES MILLS DBA MILLS PLACE & PATIO @ 3357 MAHONING RD NE 1ST FL. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -366- MINUTES OF THE MEETING JUNE 3, 2013 225. LIQUOR CONTROL DIV (OHIO): REQ D1 D3 D3A NEW LIQ PERMIT TO LEO ARMSTRONG II @ 1775 CLEVELAND AVE SW. - RECEIVED & FILED 226. LIQUOR CONTROL DIVISION (OHIO): REQ C1 C2 NEW LIQ PERMIT TO A&E OF CANTON LLC DBA WELCOME FOOD & PIZZA @ 864 MARKET AV S. - RECEIVED & FILED 227. LIQUOR CONTROL DIVISION (OHIO): REQ D5 LIQ PERMIT TRANSFER FROM MJB ENTERTAINMENT LLC DBA SHIELD TAVERN TO BAR GUYS LLC 1ST FL & BSMT @ 1153 MCKINLEY AV SW. - RECEIVED & FILED 228. LIQUOR CONTROL DIVISION (OHIO): REQ D2 D2X D3 D3A LIQ PERMIT TRANSFER FROM GLOBALCOR ASSOCIATES LLC DBA BOARDWALK NITE CLUB 1ST FL & PATIO TO RUBY MANAGEMENT LLC DBA RUBY SALOON 1ST FL & PATIO @ 2548 WINFIELD WAY NE. - RECEIVED & FILED 229. MAYOR HEALY: AUTHORIZE RE-APPT OF DEBORAH ROHRBACH TO FAIR EMPLOYMENT PRACTICES BD FROM 2/28/13 TO 2/27/16. - PERSONNEL COMMITTEE 230. SAFETY DIRECTOR PRICE: REQ APPROVAL OF DEMO OF 41 PROPERTIES ON BEHALF OF CANTON BLDG CODE DEPT. - FINANCE COMMITTEE 231. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SERV DIR TO NEGOTIATE & ENTER INTO 3 OHIO WATER POLLUTION CONTROL FUND WATER RESOURCE RESTORATION SPONSOR PROG SPONSORSHIP AGREEMENTS. - FINANCE COMMITTEE 232. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR &/OR SAF & SERV DIR TO NEGOTIATE & ENTER INTO A CONTRACT W/HALL OF FAME CITY CHALLENGE LLC FOR SVCS TO BE RENDERED BY CITY IN SUPPORT OF HALL OF FAME CHALLENGE. - FINANCE COMMITTEE 233. SERVICE DIRECTOR PRICE: AUTHORIZE PURCHASE OF 1 FORD F-250 PICKUP TRUCK FROM WALT SWEENEY FORD IN AMT NOT TO EXCEED $22,798.70 FOR WATER DEPT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 234. SERVICE DIRECTOR PRICE: AMEND TACO BELL ANNEXATION AREA RESOLUTION 58/2013 TO INCREASE THE ACREAGE TO 1.547 ACRES. - ANNEXATION COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the First Reading. Let the journal show that all the Ordinances are being given their reading as required by State law. Madame Clerk, would you please read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -367- MINUTES OF THE MEETING JUNE 3, 2013 #1. (1ST RDG) AN ORDINANCE AMENDING SECTION 749.02, PERMIT REQUIRED, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #2. (1ST RDG) 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 (133 HARRISON AVE SW, PARCEL #228696, LOT #9775, RICHARD & SHARON MEDLA) PUB HRG 7/1/13 @ 7:30 PM Referred to Judiciary Committee #3. (1ST RDG) 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 (127/129 HARRISON AVE SW, PARCEL #214861, EAST END OF PT LOT #9774, LUBOV, INC.) PUB HRG 7/1/13 @ 7:31 PM Referred to Judiciary Committee #4. (1ST RDG) 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 (SW CORNER OF DRYDEN AVE SW AND GROVE PL SW, PARCEL #222629, PT LOT #9774, LRC-A-TUSC PROP, LLC) Referred to Judiciary Committee PUB HRG 7/1/13 @ 7:32 PM #5. (1ST RDG) AN ORDINANCE VACATING PORTIONS OF DRYDEN AVENUE SW AND GROVE PLACE SW; APPROVING AND ACCEPTING THE DEDICATION OF PARTS OF LOTS 9747 AND 9748 FOR STREET PURPOSES; AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 7/1/13 @ 7:33 PM Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT TO PURCHASE SWAT TACTICAL VESTS AND HELMETS IN AN AMOUNT NOT TO EXCEED $56,900.00 PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE LEASE OF APPROXIMATELY 282 SQUARE FEET OF COMMERCIAL SPACE LOCATED AT 215 WEST TUSCARAWAS STREET IN ORDER TO PROVIDE A SNACK BAR/CONCESSION STAND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Public Property Capital Improvement Committees #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THE FRAZER COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -368- MINUTES OF THE MEETING JUNE 3, 2013 ESTATES STORM SEWER REPAIR, GP 1189; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR ENGINEERING SERVICES DURING THE PLANNING, DESIGN AND BIDDING PHASES OF THE WATER METER AND METER TRANSMITTING UNIT (MTU) REPLACEMENT PROGRAM IN AN AMOUNT NOT TO EXCEED $348,500.00; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO APPLY FOR AND ENTER INTO CONTRACT WITH THE OHIO WATER DEVELOPMENT AUTHORITY FOR A PLANNING LOAN FOR THE PROJECT; AUTHORIZING THE AUDITOR TO ESTABLISH AND CREATE THE 5227 WATER METER/MTU REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee (COUNCIL RECESSED AT 8:05 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #10 AND #11; RECONVENED AT 8:20 P.M.) #10. (1ST RDG) ADOPTED AS ORDINANCE NO. 96/2013 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND ENTER INTO CONTRACTS WITH STARK COUNTY & THE CITY OF NORTH CANTON FOR THE OPERATION, MAINTENANCE AND REPLACEMENT COST SHARING AGREEMENT FOR THE WATER RECLAMATION FACILITY; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #11. (1ST RDG) ADOPTED AS ORDINANCE NO. 97/2013 AN ORDINANCE DECLARING THE 41 BUILDINGS LISTED ON EXHIBIT A 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 Finance Committee PRESIDENT SCHULMAN: Thank you Madame Clerk. That’s referred to the Finance Committee and at this time the Chair would declare an in house recess for the Finance Committee to meet in regard to Ordinances 10 and 11 on your Agenda. You’re now in recess, Chairman Cole. PRESIDENT SCHULMAN: Council will now reconvene after its recess. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinances 10 and 11 back on the agenda. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -369- MINUTES OF THE MEETING JUNE 3, 2013 MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you Suspend Rule 22A to place Ordinances 10 and 11 back on this evening’s agenda. Any remarks? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 10 and 11 are a legal part of your Agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 10. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule on Ordinance 10. 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. You’ve heard the three readings Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 10. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 10. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 96/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Ordinance 10 is adopted. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 11. MEMBER GRIFFIN: Seconded. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -370- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 11. Any remarks? Hearing none, Madame Clerk again, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 11. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11. Any remarks under this Ordinance? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 97/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 11 is therefore adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for their Second Reading. Would you please begin Madame Clerk with Ordinance 12. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #12 THROUGH #19 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (10P PROBATIONARY POLICE OFFICERS) #13. (2ND RDG) A RESOLUTION TO SUBMIT TO THE ELECTORS OF THE CITY OF CANTON INCREASING THE TERM OF COUNCILMEMBERS FROM TWO YEARS TO FOUR YEARS EFFECTIVE FOR THE 2016-2019 TERM AND THEREAFTER #14. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE LOT SPLIT/REPLAT OF LOT NO. 35852; AND DECLARING THE SAME TO BE AN EMERGENCY (415 47TH ST NW PARCEL# 301329, THOMAS & LIESL FORBES AND GERALD & MARCIA CRAMER) #15. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000.00 FROM UNAPPROP COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -371- MINUTES OF THE MEETING JUNE 3, 2013 BALANCE 6017 HEALTH AND LIFE INSURANCE FUND TO 6017 501101 HUMAN RESOURCES ADMIN - OTHER) #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND/OR THE DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE PURCHASE OR LEASE OF VARIOUS VEHICLES AND/OR EQUIPMENT FOR THE DEPARTMENTS OF PUBLIC SAFETY AND SERVICE; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND/OR THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO VARIOUS CONTRACTS FOR THE PURCHASE OF VARIOUS VEHICLES AND/OR EQUIPMENT IN ACCORDANCE WITH O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A 1 YR CONTRACT WITH THE STARK METROPOLITAN HOUSING AUTHORITY (SMHA) FOR VEHICLE MAINTENANCE AND FUEL SERVICE; AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND RDG) ADOPTED AS ORDINANCE NO. 98/2013 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR RESURFACING OF THE TENNIS COURTS AT NIMISILLA PARK; AUTHORIZING THE CANTON PARK COMMISSION TO GENERAL CONTRACT REMAINING DEVELOPMENTS OF THIS PARK FACILITY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we suspend the Statutory Rules for Ordinance 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 18. 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. You’ve heard the three readings, Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER GRIFFIN: Seconded.  COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -372- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this Ordinance? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I’m going to give this to the Law Director. I’m reading this as it says authorize the Mayor and/or Service Director to advertise, receive bids, award and execute a construction contract for resurfacing of tennis courts at Nimisilla Park. To mean that’s a, a separate one, that’s one of the issues in this. Then we read on further. It says authorize the Canton Park Commission to general contract, is that to say to give general contracts, who advertise for general contracts but it says to general contract remaining developments of this park facility. What is, how is that reading at? PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President, Member Cirelli. I’m glad you raised that point. I was going to point out to Council after the earlier discussion this evening that this is a joint effort. It does require a park resolutions so I’m glad you brought that up. The way that it works is that the Director of Public Serfty, Safety, Service or Mayor actually do the advertising, receive the bids and award and execute the contract in conjunction with the Park Commission as they also have to pass a Resolution. The duty then to execute, to act to serve as the general contractor shifts to the Board of Park Commissioners because it’s on their land and under Chapter 1755 as Member Morris is aware, the Board of Park Commissioners have the authority and management over the grounds and the streets and boulevards in the parks. So that’s why it was written that way. And then of course it restricts it to $40,000.00, not to exceed $40,000.00. And in the Communication it did say that the purpose was to repurpose the tennis courts as a basketball court. So, it has been on the record that these will be redone as basketball courts. I hope that answers your questions. MEMBER CIRELLI: Yes sir and I, I feel good with it going on to the record that way if someone reads it then they’ll have their comprehend of what we did. Thank you very much. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? MEMBER WEST: Mr. Chairman. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Just real quick I wanted to address Miss Ramsey. Hopefully when we pass this, we’ll have all those kids from the northeast come down to Nimisilla and play basketball and then I’ll challenge every Councilman here to a game including you, Mary. PRESIDENT SCHULMAN: Anything else? Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -373- MINUTES OF THE MEETING JUNE 3, 2013 CLERK TIMBERLAKE: Twelve yeas Mr. President. #18 ADOPTED AS ORDINANCE NO. 98/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 18 is adopted. Ordinance 19 please. #19. (2ND RDG) ADOPTED AS ORDINANCE NO. 99/2013 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION (CCIC) TO PROVIDE A GRANT UTILIZING GENERAL FUND DOLLARS IN AN AMOUNT NOT TO EXCEED $250,000.00 FOR GRANTS, LOANS AND ADMINISTRATIVE COSTS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move that we suspend the Statutory Rules for Ordinance 19. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 19. Any remarks? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Hearing none, Madame Clerk, roll call vote please. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: On the Statutory Rule suspension or do you want to wait? MEMBER FISHER: We on the suspension? I’m sorry. PRESIDENT SCHULMAN: Yes, OK. Thank you Member Fisher. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. PRESIDENT SCHULMAN: It’s been moved.... COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -374- MINUTES OF THE MEETING JUNE 3, 2013 MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s alright Member Griffin. It’s been moved and seconded that you adopt Ordinance 19. Are there any remarks? Member Fisher. MEMBER FISHER: Thank you sir. I just wanted to thank yourself and Member or Leader Dougherty for your remarks in Committee because this is, this is one of these Ordinances where you know, I’m, if you recall this is, we had to find another way to fund this as we no longer using federal funding. We had to go through General Fund dollars and I’m always a little shaky doing that but I was very happy to hear the remarks with yourself and Leader Dougherty as well as Member Griffin on the Board and I do feel more confident and feel that I can support this. Thank you. PRESIDENT SCHULMAN: Thank you Member Griffin. Any other remarks? Hearing none, Madame Clerk, roll call vote please on Ordinance 19. NO REMARKS ROLL CALL 10 YEAS, 2 NAYS CLERK TIMBERLAKE: Ten yeas, two nays Mr. President. #19 ADOPTED AS ORDINANCE NO. 99/2013 (MEMBERS CIRELLI AND MORRIS VOTED NAY) PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Would you please begin with Ordinance 20 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #20 THROUGH #25 FOR THE THIRD TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #20. (3RD RDG) POSTPONED INDEFINITELY AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO AMEND THE EXISTING JACKSON-CANTON JOINT ECONOMIC DEVELOPMENT DISTRICT CONTRACT (JEDDC); AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER GRIFFIN: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Leader. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -375- MINUTES OF THE MEETING JUNE 3, 2013 MEMBER DOUGHERTY: Mr. President, I move we postpone Ordinance 20 indefinitely. MEMBER GRIFFIN: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 20 indefinitely. Are there any remarks? All those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The Motion carries and Ordinance is thrown to the dust bin of history. Is postponed indefinitely. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 100/2013 AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF LAND TITLE RIGHTS FOR CERTAIN LANDS FKA AS “MOTHER GOOSELAND”; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 21. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks under this Ordinance? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 100/2013 PRESIDENT SCHULMAN: Ordinance 21 is adopted. Ordinance 22 please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 101/2013 AN ORDINANCE AMENDING APPROP ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($21,600.00 FROM UNAPPROPRIATED BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE - ADMIN - OTHER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 22. MEMBER GRIFFIN: Seconded. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -376- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks under this Ordinance? Again hearing nothing, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #22 ADOPTED AS ORDINANCE NO. 101/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 22 is adopted. Ordinance 23 please. CLERK TIMBERLAKE: This is a Council meeting Mayor. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 102/2013 AN ORDINANCE AMENDING APPROP ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($33,500.21 FROM UNAPPROPRIATED BAL OF 6091 MANAGEMENT INFORMATION SERV TO 6091 504010 INFORMATION TECHNOLOGY - OTHER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move to adopt Ordinance 23. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #23 ADOPTED AS ORDINANCE NO. 102/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 23 is adopted. Ordinance 24 please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 103/2013 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $2,400.00 TO LONNIE BOWLING’S USED CAR SALES INC.; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 24. MEMBER GRIFFIN: Seconded. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -377- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks under this Ordinance? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: We need to begin looking at spending our money inside the city. This is another business outside the city. We have plenty of people available within our city limits that pay city income tax, maintain their businesses here. I think we should make a concerted effort to keep all of our dollars in the city. I will not be supporting this at this time. PRESIDENT SCHULMAN: Thank you Member Hawk. Any other remarks? Hearing none, Madame Clerk again, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 2 NAYS (MEMBERS CIRELLI AND HAWK VOTED NAY) CLERK TIMBERLAKE: Ten yeas, two nays yeas Mr. President. #24 ADOPTED AS ORDINANCE NO. 103/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 24 is adopted. Ordinance 25 please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 104/2013 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONTRACT IN AN AMOUNT NOT TO EXCEED $42,500.00 FOR THE REPLACEMENT OF THE WRF MAINTENANCE BUILDING BOILER; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($42,500.00 FROM UNAPPROP BAL 5410 SANITARY SEWER FUND TO 5410-206048 WRF MAINTENANCE BUILDING BOILER PROJ - OTHER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 25. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks under this Ordinance? Hearing none again, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -378- MINUTES OF THE MEETING JUNE 3, 2013 CLERK TIMBERLAKE: Twelve yeas Mr. President. #25 ADOPTED AS ORDINANCE NO. 104/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 25 is adopted and thank you Madame Clerk it was a fairly extensive agenda tonight. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Moving now to Miscellaneous Business or I’m sorry, Announcement of Committee Meetings. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE: Finance will be held June 17th at 6:30. PRESIDENT SCHULMAN: 6:30. Thank you. MEMBER CIRELLI: Mr. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Public Safety and Thoroughfares, same time. PRESIDENT SCHULMAN: 6:30, same time. Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Judiciary same time, same place. PRESIDENT SCHULMAN: Thank you. Anyone else? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Public Property Capital Improvement same night, same time. PRESIDENT SCHULMAN: Thank you. CLERK TIMBERLAKE: Personnel. PRESIDENT SCHULMAN: Personnel Member Griffin. Personnel. MEMBER GRIFFIN: Personnel same time, same place.  COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -379- MINUTES OF THE MEETING JUNE 3, 2013 PRESIDENT SCHULMAN: Thank you. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Is there any? MEMBER SMITH: Mr. President. DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Yes Mr. President, the Director too, Director Price, I recall that the first of the year we had voted for monies for vests for the policemen and I just happened to be conversating with a couple of them. Did that ever take place and did they ever get those vests? You know we want to protect them with all of this.... PRESIDENT SCHULMAN: Safety Director Price. DIRECTOR PRICE: Mr. President. They did. I issued purchase orders for the patrolman’s vests and so, I don’t know the name of the company but those are, they’ve been fitted for those, they were after the authorizing legislation and so, yes the cadet vests have been ordered, the swat vests, that was a separate item and part of a separate contract that’s pending right now and that will have first reading, that was tonight so. But the one this Council authorized were for the cadets. Those vests, those PO’s have been issued. Those vests have been fitted and ordered. PRESIDENT SCHULMAN: Director. DIRECTOR PRICE: Thank you Mr. President. Just wanted to note that the Police Auxiliary had their appreciation and awards dinner this past Saturday evening at the Elks Lodge. The Chief and I were there. If you see any of these folks or there’s 40+ members of this unit and we naturally see them doing their thing at our, at Hall of Fame and for special events but you know, they’re all volunteers. They do serve an essential purpose and you know they work hard for the city. They gotta do, they have to do at least like 80 hours a year so it’s no small commitment and they’re folks that probably don’t get a lot of thanks for what they do and it’s just a good bunch and we really couldn’t pull off traffic control at a lot of these events without them. The do a good job of supplementing the Police Department. I just also want to let you know, you’ll probably read about it in the paper this, tomorrow morning but we did have a fire at Ridgewood Castle today that was, pretty much every unit we had responded. We did get an assist from Canton Township. There were no injuries, civilian or fire OK, but it was significant and we’re probably still out there. Thank you. PRESIDENT SCHULMAN: Thank you Director. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. A couple of items for Council. The pending retire/rehire case that was dismissed for the classified non-union employees by the visiting Judge in Common Pleas has been appealed. I wanted to keep Council abreast. On another note in terms of amendments for the meeting for two weeks from tonight, according to the Ohio Revised Code, a very similar process, almost an identical process exists to convert the President of Council from 2 years to 4 years. Same thing. Takes a Resolution of Council, majority vote. It goes in front the voters at the next election and present it. If you’re the sponsor, Chairman West, if you or another Member of Council asks for that amendment, I will prepare it and I could make it very easy by saying the Members of Council and its President go from 2 years to 4 years effective etc., etc. so I wanted to let you know that Revised Code Section 733.09 is a separate provision for the President of Council as an Executive Officer COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -380- MINUTES OF THE MEETING JUNE 3, 2013 of the city but it operates the same way. And lastly on an ecological note, Mr. Parker, my neighbors don’t like it much but I don’t use herbicides or pesticides cause they run downhill into the pond and they’ve killed frogs that we used to here on moss for a long time so I use vinegar Member Cirelli. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Thank you Law Director. Member West. MEMBER WEST: I wanted to address Miss Ramsey again. Miss Ramsey you had a victory today because Harrisburg was our number one, I know me and Frank have been advocating that Harrisburg be taken care of and it is on our number one list. I talked to the paving/Street Department, excuse me the Engineer’s and they have assured me that, that is a priority. Priority #1 for Ward 2 and I’m sure it is for Ward 9. The other thing was the Animal Nuisance Control Officer, as you seen through our Communications, we passed that informally today so hopefully that we can move forward and trying to address all the issues with wild and vicious animals. But I will note in our Resolution I also mentioned that it does not include the cats. We have to figure out another way for that but it’s up to the Mayor and their administration and what they want to do in contract. But finally, I also wanted to thank all of you guys for passage of the basketball courts. It’s been 25 years since those tennis courts have been done. I think our kids are gonna really enjoy it. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Good job on that. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: (Inaudible comment) PRESIDENT SCHULMAN: Well, I think you were actually next though. Go ahead. MEMBER CIRELLI: Well this is my question to the Mayor. Mayor one of the people on your floor that I was working on a project left, so are you going to hire somebody else to replace that person or who gets her work and whom do I look forward to working with? PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you Mr. President. We have other staff members that are filling in until we replace that position so, you can check with my staff member Teri Ross and give her the information and she’ll track it down for you. MEMBER CIRELLI: Mr. President. What’s her last name sir, Teri Ross? PRESIDENT SCHULMAN: Anything else Member Cirelli? Mayor Healy. MAYOR HEALY: Thank you Mr. President. You know since I been here and I think even before I took office, you know the Mayor’s have been doing neighborhood walks and we typically do those at the start of summer. We partner with Council Members and Neighborhood Associations. What we typically do upon request, we’d like for the Council Members or the Neighborhood Association leaders to contact me office and we’ll schedule something. We’re typically doing at least one a week throughout the summer and fall as long as the weather permits and what  COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -381- MINUTES OF THE MEETING JUNE 3, 2013 will happen is I will personally go out and walk with them as they point out their issues of concern. We will have with us somebody from the Police Department, somebody from Code, Building Department, Health, Street Departments, etc. They’ll be a small group with us that will go out and make a list of those issues that are pointed out and they typically end up kinda going to the top of the list when we send them to the Department Heads. So, if any Council Member would like me to do that, I know most of you who have been here for more than a term have had me out multiple times, some of you new Members I haven’t been out with yet. I wanted to let you know that we are available and all you have to do is contact me or Teri and let us know the date and the time and we will make ourselves available. We would prefer that it happens during working hours because when we bring those groups out in the evening, it tends to run up overtime costs but if that’s the only time you’re available, we’ll make it work. Thank you. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Thank you Mayor. Member Fisher. MEMBER FISHER: Thank you. First I wanted to start actually it’s my segway from the Mayor. I wanted to thank the Mayor and Rafael who came out and walked with me through some areas in Ward 5 and we were discussing some ideas on development. Along with my kids who were you know, trying to find everything on the ground that they could pick up and throw and the Mayor was kind enough to direct them to get off the fence and get back to throwing rocks so I appreciate that and some parenting advise there. Thanks Mayor. I wanted to share something though. This is with the technology and we’re talking tonight about ShotSpotter, we’ve seen Tip 4-1-1 and SeeClickFix and some others and this is something that happened Friday night. I was sitting at my house about a quarter till nine, I picked up my phone and I saw on Facebook the Canton Police Department had reporting, reported there was an 8 year old boy reported missing from my Ward not far from my house. I immediately reshared that in the Ward 5 Facebook group, obviously those people all living in that area. I jumped in my car and I headed down there to see if you know, I didn’t have a name or anything but we had a brief description of where he’d come missing from. As I’m down there and I’m driving that way, I hear my phone buzz. People are resharing this, this particular post. When I got there, there was just myself and my friend that had lived right next to there and we were trying to jump out and help but within about 10, 15 minutes you saw there were probably a good 10, 15 cars out circling around this neighborhood and within another 10 minutes there was probably close to 20 people out on, walking the streets. It turned out thank God, that it was some miscommunication. The boy left with another family member and no one knew about it but, when we talk about technology and ways that we can use it to improve safety, there is something that is so easy. It just, you know someone at the Police Department post that, within minutes you have people from around the neighborhood were out searching for this boy and you know and that’s just one small way and there are many different ways we can use technology to make our city better and I thought that was really, it was inspiring to see how many people over the course of that time showed up. One by one you saw so many cars and thankfully it ended in a happy ending so I just wanted to share that. Thank you. PRESIDENT SCHULMAN: Thank you Member Fisher. Any other Miscellaneous Business? Leader. MEMBER DOUGHERTY: Mr. President I move we adjourn. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -382- MINUTES OF THE MEETING JUNE 3, 2013 CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Meeting is adjourned. Drive carefully everyone. Have a good week. (Gavel falls) ADJOURNMENT TIME: 8:47 PM ATTEST: JUNE 5, 2013 APPROVED: JUNE 5, 2013 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT