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City Council

Regular Meeting

Canton, OH · March 24, 2014

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -191- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome all to Canton City Council. I know we have some students again tonight from where? CLERK TIMBERLAKE: Central. PRESIDENT SCHULMAN: Central. Welcome. Nice having you. Anyone else in the audience. Dan Moeglin is here. That’s nice. (Laughter) With the 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: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JIM GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by my friend and Council Member Jim Griffin. If you’ll all stand and remain standing please for our Pledge of Allegiance. The regular meeting of Canton City Council was held on March 24, 2014 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 Member Jim Griffin. The Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: Thank you Member Griffin, really appreciated that tonight. Thank you. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now on Agenda Corrections and Changes. Leader Morris. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances #7 through and include #12. Communication #136, referral needs to reflect as received and filed. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 7 through 12 to this evening’s agenda and Communication 136 referral. It needs to reflect received and filed. 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. Rule 22A is suspended and the Ordinances are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -192- MINUTES OF THE MEETING MARCH 24, 2014 PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business the Mayor’s Chief of Staff, Fonda Williams, says there is none tonight. PUBLIC SPEAKS PRESIDENT SCHULMAN: We have two speakers for Public Speaks. As always, welcome and our first speaker is Patricia Kirk. Ms. Kirk again, good evening welcome. If you’ll give us your name and your residential address please. PATRICIA KIRK: Hi, good evening. Am I on? CLERK TIMBERLAKE: Good evening. PRESIDENT SCHULMAN: Yes. CLERK TIMBERLAKE: Good evening. PATRICIA KIRK: Really, okay. My name is Patricia Kirk. I live at 131 5th St. NE and I’m here as the Tree Commission Chairperson and also Downtown Central Neighborhood Association. This is a very interesting fact, at least I hope you’s, hope you find that this is an interesting fact. Did you know Arbor Day was first celebrated in 1872? And also it was established by the State Board of Agriculture because of a Resolution by Jay Sterling Morton who was a Journalist and an Editor of Nebraska. Nebraska used to be a treeless state but you wouldn’t know that now. Arbor Day is now celebrated worldwide and each state has its own appointed Arbor Day. Ohio’s is the last Friday in April. I’m pleased to tell you that an Arbor Day will be celebrated in Downtown Canton actually at Church of the Savior. Right up a block from us on Saturday April the 26th from 10 o’clock to 1 o’clock and hopefully we’ll also be able to plant a tree on that day which is interesting in the middle of downtown. We even have a young artist developing an Arbor Day cover. Jennaeh, raise your hand please. She represents Timken High School. And also Arbor Day / birthday will be celebrated in Nimishillen Park at a later date. But I hope you can make it. Thank you very much. PRESIDENT SCHULMAN: Thank you very much Ms. Kirk. And as always thank you for your service. We appreciate that. Our next speaker is Brenda Kimbrough. Miss Kimbrough as always welcome if you’ll give us your name and residential address. BRENDA KIMBROUGH: Sure will. My name is Brenda Kimbrough and I’m with Can Do Neighborhood Association. My address is 902 Lippert Rd. NE in Canton, Ohio. Ward 2. Yes, Ward 2. I just want to say it’s it’s winter and we’re all tired of snow and I’m ready to just start get busy. That’s my topic. Let’s just get busy. My neighborhood is looking good. Five years ago when I started our Neighborhood Association, there was a whole list of houses that need to be torn down Mayor. Pretty much got almost all of ‘em. My neighborhood looks good. It might not have a whole lot of houses but we don’t have anything all torn down in our neighborhood. Thank you very much. I wanted to give you that. I’m just saying if we break, we planted great ideas, we’re reaping some action here and we’re seeing some things grow. That’s how our City is going to grow. I live real close to downtown which is looking real good. Give yourselves a hand for that COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -193- MINUTES OF THE MEETING MARCH 24, 2014 and I’m telling you I am excited about things going on. I heard on the radio about that and I don’t think they’ve torn down a school in Canton City in a long time but I believe Washington is down! It’s gone! The blight is gone and I thank you for that. It’s looking good and I understand we’re going to do a garden? We got to talk. I have some ideas! I’m ready to roll up my sleeves and get busy! It’s a new year, we’re changing gears. No more snow. Now we can outside we can play and I can’t wait to get out there and get busy. And like you said, we’re going to be doers of the word, not hearers only. And our neighborhood and our city, we’re going to make it happen. One neighborhood at a time. One person at a time and one moment at a time. We’re not going to waste. We’re not just gonna man can do, do all you can, sit on your can and then collect a few cans. We’re gonna get out there and do something about it. So, thank you for everything. I thank Tom West who is our Councilman in Ward 2 where I am. And I’m looking forward to greater and more exciting things going on. Thank you very much Council for all that you do. PRESIDENT SCHULMAN: Yea, we have signed you up for every week this year! (Laughter) Thomas is lucky to have you as a constituent. Thank you so much for coming down. And you’re lucky to have him as a Member of Council. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Alright, we’re now under Informal Resolutions. There are none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED MARCH 24, 2014. 127. CHIEF OF STAFF WILLIAMS: AMEND O#264/2013 TO ADD 2 STAFF POSITIONS TO THE CLASSIFICATION PLAN (FAIR HOUSING INVESTIGATOR AND EDUCATION/INTAKE SPECIALIST). - PERSONNEL & FINANCE COMMITTEES 128. COMM DEV DIR MILLER: AUTHORIZE AUDITOR TO PAY MORAL OB TO ASHWORTH HOME BUILDERS IN AMT OF $950.00 FOR SERVICES IN CONNECTIONS WITH NSP 3 PROG. - FINANCE COMMITTEE 129. CNCL-AT-LRG MBR HART: REQ CITY TO DEVELOP PROG TO CONNECT HOUSE DRAINS BY SIDEWALK TO SANITARY SEWER LINES. - RECEIVED & FILED 130. CNCL-AT-LRG MBR HART: REQ INVENTORY OF BRICK STREETS IN THE CITY WHICH NEED REPAIRED. - RECEIVED & FILED 131. DEVELOPMENT DIR FREEMAN: AUTHORIZE MAYOR TO SUBMIT & FILE WITH HUD THE FIVE YR CONSOLIDATION PLAN & THE 2014 ANNUAL ACTION PLAN; AUTHORIZE MAYOR TO REVISE AND/OR AMEND CONSOLIDATED PLAN & BUDGETS FOR CDBG, HOME & ESG PER CITIZEN’S PARTICIPATION PLAN; AUTHORIZE & DIRECT AUDITOR TO COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -194- MINUTES OF THE MEETING MARCH 24, 2014 REVISE BUDGETS AS PERMITTED; UTILIZE ESTABLISHED FUND ACCTS KNOWN AS CDBG, HOME & ESG AND DRAW WARRANTS UPON RECEIPT OF VOUCHERS; ENTER INTO CONTRACTS FOR VARIOUS PROJ AND AMEND O#186/2013 TO ALLOW MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT FOR UP TO $65,000.00 PER PROP FOR CRITICAL HOUSING REHAB PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 132. MAYOR HEALY: AUTHORIZE RE-APPT OF JOHN STONE TO CANTON TREE COMMISSION FOR RETRO TERM OF 3/1/14 - 2/28/15. - PERSONNEL COMMITTEE 133. MAYOR HEALY: AUTHORIZE APPT OF REMEL MOORE TO CANTON TREE COMMISSION FOR RETRO TERM OF 3/1/14 - 2/28/15. - PERSONNEL COMMITTEE 134. SAFETY DIRECTOR PERRY: REQ POSITION OF DEPUTY CHIEF FOR POLICE DEPT BE REINSTATED. - PERSONNEL & FINANCE COMMITTEES 135. SAFETY DIRECTOR PERRY: REQ INCREASE OF CURRENT SALARY OF COMMERCIAL & RESIDENTIAL INSPECTORS P/T (CASUAL/SEASONAL) FROM $18.00 PER HOUR TO $25.50 PER HR. - PERSONNEL & FINANCE COMMITTEES 136. SAFETY DIRECTOR PERRY: ADVISE THAT ESTABLISHED RATE FOR ADMIN FEE SHALL BE 10% FOR REGISTRATION OF PROPERTIES IN DEFAULT. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the First Reading. Madame Clerk will you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT THE DONATION OF REAL PROPERTY FROM THE CANTON COMMUNITY IMPROVEMENT CORPORATION. (EDWARD “PEEL” COLEMAN COMM CTR) Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY. ($48,830.47 UNAPPROP BAL 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -195- MINUTES OF THE MEETING MARCH 24, 2014 SERVICE TO MAKE APPLICATION FOR AND ACCEPT FUNDS FROM THE OHIO HOUSING FINANCE AGENCY FOR THE NEIGHBORHOOD INITIATIVE PROGRAM; TO ENTER INTO VARIOUS CONTRACTS TO EFFECTIVELY ADMINISTER THE PROGRAM; TO ENTER INTO VARIOUS CONTRACTS TO EFFECTIVELY ADMINISTER THE PROGRAM AND TO ENTER INTO COOPERATIVE AGREEMENTS WITH VARIOUS ENTITIES TO ADMINISTER THE PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY. Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000.00 FROM UNAPPROP BAL 2353 SWIMMING POOL FUND TO 2353 SWIMMING POOL - OTHER) Referred to Finance Committee (COUNCIL RECESSED AT 7:40 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCES #5 AND #6; RECONVENED AT 7:44 PM) #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 49/2014 AN ORDINANCE AMENDING ORDINANCE NO. 30/2014; AND DECLARING THE SAME TO BE AN EMERGENCY (AT&T FOR MAHONING RD CORR PROJ) Referred to Public Property Capital Improvement Committee #6. (1st RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 50/2014 AN ORDINANCE AMENDING EXHIBIT A OF RESOLUTION NO. 250/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (12TH ST CORR PROJ APPRAISALS) Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: At this time the Chair would call an in-house recess for the Public Property and Capital Improvement Committee to meet in regard to Ordinances 5 and 6 in your agenda. You are now in recess. Chairman Mariol. PRESIDENT SCHULMAN: Thank you Chairman Mariol. Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinances #5 and 6 back on this evening’s agenda. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to place Ordinances 5 & 6 back on this evening’s agenda and to suspend Rule 22A. Are there are any remarks? Hearing none, again Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -196- MINUTES OF THE MEETING MARCH 24, 2014 CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinances 5 & 6 are a legal part of your agenda. Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules on Ordinance #5. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance #5. Any remarks? Excuse me. 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 on Ordinance 5. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #5. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 5. 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. #5 ADOPTED AS ORDINANCE NO. 49/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries Ordinance 5 is adopted. Ordinance 6 Leader. MEMBER MORRIS: Mr. President, I move we, I lost my place. Suspend Statutory Rules on Ordinance #6 please. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance #6. Any remarks? Hearing none. Again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTAIN COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -197- MINUTES OF THE MEETING MARCH 24, 2014 (MEMBER WEST ABSTAIN) CLERK TIMBERLAKE: Eleven yeas, one abstain, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, you’ve heard the three readings on Ordinance 6. Leader. MEMBER MORRIS: Mr. President I move we adopt Ordinance #6. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 6. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance 6 per copy before each Council Member. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Exhibit A to Agenda Item No. 6 by substituting the Exhibit A attached to this amendment for the one attached to the ordinance currently pending before Council. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 6 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote all those in favor of the motion signify it by saying aye. Those opposed no. The ayes have it. Leader. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE MEMBER MORRIS: Mr. President, I move adopt Ordinance #6 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #6 as amended. Any remarks on Ordinance 6 as amended? Hearing none, again Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 2 ABSTAINS (MEMBERS MORRIS & WEST ABSTAINED) CLERK TIMBERLAKE: Ten yeas, two abstains Mr. President. #6 ADOPTED AS AMENDED AS ORDINANCE NO. 50/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #6 is amended, has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances for their Second Reading. Would you please begin COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -198- MINUTES OF THE MEETING MARCH 24, 2014 Madame Clerk with Ordinance #7. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #7 THROUGH #12 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #7. (2ND RDG) AMEND APPROP O#264/2013; EMERGENCY (9 SUPP APPROP & 17 APPROP REDUCTIONS) #8. (2ND RDG) AUTHORIZE AUDITOR TO PAY $1,156.00 TO C.R.S. CONTRACTING CO.; EMERGENCY (DEMOS AT 2125, 2129, 2133 5TH ST. NE) #9. (2ND RDG) AMEND SECTION 1 OF O#177/2006; EMERGENCY (CAPTAIN - ADMIN, TITLE TRANSFER $500.00) #10. (2ND RDG) AUTHORIZE AUDITOR TO PAY $510.35 TO HOME DEPOT; EMERGENCY #11. (2ND RDG) AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, AWARD & ENTER INTO CONTRACT(S) FOR THE PURCHASE OF VARIOUS VEHICLES AND/OR EQUIP FOR WATER DEPT; AND AUTHORIZE DIRECTOR TO ALTERNATIVELY PURCHASE SAID VEHICLES AND/OR EQUIPMENT PURSUANT TO STATE COOP PURCH AGMTS; EMERGENCY #12. (2ND RDG) ADOPTED AS ORDINANCE NO. 51/2014 AUTHORIZE AUDITOR AND/OR MAYOR TO ENTER INTO CONTRACT WITH NEW WORLD SYSTEMS FOR THE PURPOSE OF ACQUISITION, TRAINING, CONFIGURATION, INSTALLATION, AND IMPLEMENTATION OF COMPUTER SOFTWARE APPLICATIONS; EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rule for Ordinance 12. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 12. Any remarks? Hearing none, Madame Clerk again roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve ayes Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader you heard the three readings. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -199- MINUTES OF THE MEETING MARCH 24, 2014 MEMBER MORRIS: Mr. President, I move we adopt Ordinance 12. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12. Any remarks? I have to say I was very impressed by the way with Director Barton and Mr. Young obviously. Excellent job with the presentation tonight. Sounds like it’s an important move and hopefully it’s the right one. 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. #12 ADOPTED AS ORDINANCE NO. 51/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #12 is adopted. Big round of applause for a computer system. (Applause) Yea. The representatives of New World Systems probably haven’t had that happen too often. By the way I did go see that movie Her if you have that system I’d like to put it in my phone so. (Laughter) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the Third Final Reading and Vote. Madame Clerk would you please begin with Ordinance 13. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #13 THROUGH #22 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #13. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 52/2014 AMENDING ORDINANCE NO. 120/2013; EMERGENCY (12TH ST RIGHT-OF-WAY ACQUISITIONS) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance 13 per copy that all Council Members have in front of them. MEMBER SMITH: Seconded. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -200- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 13 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote, all those in favor of the amendment signify, signify by saying aye. Those opposed no. They ayes have it. The motion carries. Leader. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13 as amended. Any remarks under this Ordinance as amended? Again, hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 2 ABSTAINS (MEMBERS MORRIS & WEST ABSTAINED) CLERK TIMBERLAKE: Ten yeas, two abstains Mr. President. #13 ADOPTED AS AMENDED AS ORDINANCE NO. 52/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 is adopted. Ordinance 14 please. #14. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 53/2014 AUTHORIZE WAGE INCREASE FOR MGMT & NON-BARGAINING UNIT PERSONNEL; AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR MGMT & NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #14. Any remarks? Leader Morris. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk, I’m sorry. MEMBER HAWK: I have a question thank you. Question for the Administration. Does this Ordinance have any pay increases in excess of the two percent that we had given to our labor unions? PRESIDENT SCHULMAN: Director. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -201- MINUTES OF THE MEETING MARCH 24, 2014 SERVICE DIRECTOR BARTOS: I’ll answer that, no it does not. MEMBER HAWK: Thank you very much. PRESIDENT SCHULMAN: Any other remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #14 per the copy that all Council Members have in front of them. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 14 by virtue of the copy before each Member of Council. Any remarks under this. MEMBER MORRIS: Mr. President, can we have it summarized please. PRESIDENT SCHULMAN: Director. SERVICE DIR BARTOS: Mr. President. The Ordinance authorizes at the discretion of appointing authorities a two percent increase for management, non-bargaining unit employees. The amendment is to the exhibit. There were a couple errors in the exhibit. I thank Member Hawk for, for catching those last week and that’s why we had to postpone it to fix those errors but you have a cleaned up version here that we went through with a fine toothed comb. But the, the exhibit shows addresses the two percent increases to the salary maximum as well so that was, that was the problem last time was with the with Exhibit A and we’ve gone through and fixed that so. PRESIDENT SCHULMAN: Thank you Director Bartos. Any other comments? MEMBER WEST: Just, just real quick PRESIDENT SCHULMAN: Member West. MEMBER WEST: We’re talking about number 14 right? CLERK TIMBERLAKE: Yes. PRESIDENT SCHULMAN: Yes. MEMBER WEST: Is that re regarding the retro-active? CLERK TIMBERLAKE: No. We’re not doing that one Member West. PRESIDENT SCHULMAN: That’s been withdrawn I believe. CLERK TIMBERLAKE: Yes, yes it has. PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -202- MINUTES OF THE MEETING MARCH 24, 2014 CLERK TIMBERLAKE: It’s just exhibit, the exhibit was revised. PRESIDENT SCHULMAN: You alright with that Member West? MEMBER WEST: Yes. PRESIDENT SCHULMAN: Okay. Thank you Madame Clerk. Any other remarks? Alright we’re uh it’s been moved and seconded to amend the Ordinance by virtue of the copy before each Member of Council. All those in favor signify by saying aye. Those opposed no, the ayes have it. Motion carries. Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s moved and seconded that you adopt Ordinance 14 as amended. Any remarks? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: Thank you. I’m going to change my course of action on this because it does only include a two percent increase for management and non-bargaining personnel. I had made a statement that I would not support of anything in excess of that. Since this Ordinance does not contain anything in excess of a two percent I feel like I can support it in this time in fairness to all of our employees. PRESIDENT SCHULMAN: Very good. Thank you Member Hawk. Any other remarks? Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas! #14 ADOPTED AS AMENDED AS ORDINANCE NO. 53/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 14 is amenbed, is amended as adopted and (Inaudible) well, it’s from Law Director Moeglin, as excited as he can be. (Laughter) Turning now to Ordinance 15. Madame Clerk. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 54/2014 AUTHORIZE LAW DIRECTOR TO ENTER INTO CONTRACT WITH BELOW-NAMED CITIES & VILLAGES TO PROVIDE LEGAL REPRESENTATION CONCERNING THE PROSECUTION OF CRIMINAL CASES & RELATED MATTERS BY CITY PROSECUTOR’S OFFICE; EMERGENCY (EAST CANTON, EAST SPARTA, HARTVILLE, LOUISVILLE, MAGNOLIA, NORTH CANTON & WAYNESBURG) PRESIDENT SCHULMAN: Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -203- MINUTES OF THE MEETING MARCH 24, 2014 MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Again, hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 54/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 55/2014 AUTHORIZE THE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERV CONTRACT WITH M-E COMPANIES; AMEND APPROP O#264/2013; EMERGENCY ($62,811.00 FROM UNAPPROP BAL 5201WATER FUND TO 5201 207026 HARTVILLE WATER MAIN EXTENSION - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #16 ADOPTED AS ORDINANCE NO. 55/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 56/2014 AMEND APPROP O#264/2013; EMERGENCY ($10,419.05 UNAPPROP BAL 5205 PHASE I WATER IMPROVEMENT FUND TO 5205 207022 PHASE I WATER IMPROVEMENT - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -204- MINUTES OF THE MEETING MARCH 24, 2014 MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved, I’m sorry it’s been moved and seconded that you adopt Ordinance 17. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #17 ADOPTED AS ORDINANCE NO. 56/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. Ordinance 18 please. #18 (3RD RDG) ADOPTED AS ORDINANCE NO. 57/2014 AUTHORIZE & CONSENT TO BRIDGE INSPECTION PROG SERV OF CANTON’S BRIDGES; EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #18 ADOPTED AS ORDINANCE NO. 57/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 18 is adopted. Ordinance 19 please. #19 (3RD RDG) ADOPTED AS ORDINANCE NO. 58/2014 AUTHORIZE ESTABLISHMENT OF ANNUAL STIPENDS IN THE WATER RECLAMATION FACILITY; AUTHORIZE AUDITOR TO PAY STIPENDS; EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks under this Ordinance? MEMBER HAWK: Mr. President. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -205- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: Yes, Chairman Hawk. MEMBER HAWK: Thank you sir. As I stated in the past, I will not be voting for any increases other than the above that we agreed to and negotiated. These stipends and also on #20 the special merit raises. I will vote no on both of them. I’ve made the statement outright that until we begin having at least 165 Firefighters and 165 Policemen, I think other than nominal raises, I can’t support it. And we will not. Thank you. PRESIDENT SCHULMAN: Thank you Member Hawk. Any other remarks on Ordinance 19? Hearing none. MEMBER SMUCKLER: Mister, Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Quick question. People are listed in 20, 19 these are for individuals same type merit, type raises. PRESIDENT SCHULMAN: Director. SERVICE DIR BARTOS: Mr. President, 19 is for two people who will be doing, there’ll be two individuals doing a total of four jobs. So it’ll be they have another job and then they’re given a stipend for doing a second job. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Are we getting rid of the other jobs or are we filling the other positions? What are, what are we doing? PRESIDENT SCHULMAN: Director. SERVICE DIR BARTOS: The, the jobs in question and we discussed it in the Executive Session but I’ll, I’ll, I’ll go through it again. We have a, a Facilities Engineer at WRF, that’s, that’s the first, the first stipend that you see before you. Is for somebody who holds Assistant Superintendent and Facilities Engineer of, of the WRF. The former Facilities Engineer was our current Assistant Superintendent, Doug Harris. He’s an individual who holds both a Class 3 Operator License and a Professional Engineer, he’s also a Professional Engineer. The decision was made to promote Mr. Harris because of basically succession planning. Mr. Harris has a Class 3, we need a Class 4 to run our plant. Currently we have one Class 4, that’s our current Superintendent, Mr. Tracy Mills. So this decision was made to promote Mr. Harris to Assistant Superintendent so he could begin earning his Class 4 License because only the Assistant Superintendent and the Chief Operator which you will see in the second stipend, those are the two positions at our plant which can earn a Class 4 License, and hence eventually take over as the Superintendent. The intent behind the second, the second stipend is just that, to have a second person other than Mr. Harris who will be serving in the two roles, provided that, that we go through the Civil Service process. I think it will be an ex, exceptional appointment there but that’ll have to go through Civil Service. The second position is the Chief Operator. Somebody serving as both Chief Operator and one of the following three positions: a Maintenance Chief, a Chief Chemist, an Industrial Waste Supervisor. Those are four positions that are all on the same pay grade however; the Chief Operator position is the only position of those four that can eventually earn a Class 4 License. You have to be in Operations to earn a Class 4 from Ohio EPA. So that’s the intent behind the stipends. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -206- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Mr. President, are we again, are we getting rid of the other positions that aren’t going to be filled. PRESIDENT SCHULMAN: Director. SERVICE DIR BARTOS: Mr. President. These, the positions, the Facility Engineer position will still be there. They’ll have, you’ll have one person in the Assistant Superintendent and Facility Engineer position. And then you’ll have one person in the Chief Operator and one of the following three. Those three positions are currently filled. The Maintenance Chief, Chief Chemist, Industrial Waste Supervisor. Those are all filled. So those three people will all be candidates for the Chief Operator stipend. The Chief Operator position probably wouldn’t be filled but this is a good time for us to start succession planning with Mr. Mills so close to retirement. The Facility Engineer position, we need an Engineer on the project and quite frankly, the only person capable and qualified to handle the Engineering on this project is Mr. Harris because number one he’s a skilled Engineer and number two he’s been on the project for five to six years now. MEMBER SMUCKLER: I’m not MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Mem MAYOR HEALY: Mr. President, thank you. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: The answer is, as long as there’s a stipend those positions will not be filled. The stipend is in place of a full-time position. So we’ll have one person handling the second job with a stipend. If we hire a second person for that full-time position, the stipend goes away. So, no they won’t be both filled. If that answers your question. PRESIDENT SCHULMAN: Thank you Mayor. MEMBER SMUCKLER: That, that does answer my question and, and part of the problem has been that we say this is going to happen and then somewhere down the road, these jobs get filled. And not just here, it’s ten years down the road, twenty years down the road and the job gets filled. And everybody’s sitting here going saying, “Well I seem to remember this happened twenty years ago” and we said this isn’t going to happen. A la Assistant Major in the Police Department. Now I see something on the agenda to fill the Assistant Major in the Police Department. Now, that’s what wrankles me here is because yea we can say this isn’t going to happen but we lead these positions in and it happens. Constantly Mayor. Now, I remember when Major Diamond retired they were suppose to get out. Now, my concern is, if we don’t take these out of here someone down the road will fill ‘em. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you. I’ll be happy to address that. You know, we have in the Waste Water Treatment Facility, we are required to have two Class 4, one Class 4 what’s it called its license. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -207- MINUTES OF THE MEETING MARCH 24, 2014 SERVICE DIR BARTOS: Class 4 Waste Water Treatment Operator License. It’s through the Ohio EPA. It’s essentially like having a Doctorate in Waste Water. MAYOR HEALY: You cannot operate this system without having that. That, that certified position. Tracy Mills is going to be retiring in about four, four and a half years. It takes several years to get this licensing in this position so we have to move somebody into this role so that they can qualify so that they can have somebody to step in when Tracy retires. What we’re trying to do is position ourselves so that we have at least one and possibly two options because if we get one ready and he takes a job with another City site, we’re back to scround, ground zero. So, this is something we’re doing for succession planning as well as the needs that we have in that department. And I will be more than happy to address the police issue with you right now or another time. MEMBER SMUCKLER: We’ll do that another time. MAYOR HEALY: Thank you. PRESIDENT SCHULMAN: Thank you Mayor. Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Yea, to the Service Director and everybody whose worked on this. Thank you. You are heading in the right direction. Set yourself up ten, fifteen, twenty years down the line. It’s very important that we have good people running those positions and getting people trained to get there and at the same time saving money. So, that’s the bottom line. If we want to put in there, that you, you don’t want those filled and if they do get filled the stipends go away it’s a simple amendment. PRESIDENT SCHULMAN: Thank you Member Doughery, Member Dougherty. Yes. SERVICE DIR BARTOS: Mr. President. PRESIDENT SCHULMAN: Director. SERVICE DIR BARTOS: In by, by its language itself I would defer to the law, the legal representation here but you have to hold both positions simultaneously to be eligible for the stipends so should another person fill it, then that stipend would go away. PRESIDENT SCHULMAN: Thank you Director. Any other remarks on Ordinance 19 as amended? Hearing none Madame Clerk would you call the roll, oh no? It has not been amended? CLERK TIMBERLAKE: No. (Inaudible) PRESIDENT SCHULMAN: Well I’m glad you’re with me. Have we done anything (Inaudible) CLERK TIMBERLAKE: No. (Inaudible) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -208- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: I thought it was suppose, oh it’s not amended you’re right. Sorry, it’s not amended. So the vote is on Ordinance 19. Excuse me, Madame Clerk roll call vote please NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER HAWK VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #19 ADOPTED AS ORDINANCE NO. 58/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance 20 please. #20 (3RD RDG) ADOPTED AS ORDINANCE NO. 59/2014 AUTHORIZE MERIT-BASED PAY INCREASES FOR SUPERINTENDENT OF COLLECTIONS SYSTEMS DEPT, ASST CITY ENGINEER & FAIR HOUSING MGR; EMERGENCY (JAMES DIMARZIO, NICHOLAS LOUKAS & KYLE STONE) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks under this Ordinance? Hearing. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smuckler. MEMBER SMUCKLER: I don’t have an issue with any individual here. I just think when we have ambulance service that isn’t on all the time. That when we have police problems, when we have water rate increases and sewer rate increases of totaling eleven percent between the two of ‘em and four years before forty-three percent. I just believe, my own personal opinion, I just believe that we oughta go with the two percent for everybody until we’ve taken care what we need to take care of in the rest of the city. My opinion only. PRESIDENT SCHULMAN: Thank you Member Smuckler. Any other remarks? Number 20. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Just real, real quick, real brief. And I speak to all of these gentleman here are fantastic. I think we’ve really out did ourselves with the people that we selected for some of these jobs. But I would like to talk about Kyle Stone specifically because this is a young man who just about to get his Law Degree here in a month or so. And we’ve talked a lot about trying to retain staff. The Law Department says they can’t keep a African American Lawyer in their office because they always leave. Kyle Stone since he’s gotten that seat, he has really ramped up our Foreclosure Ordinance and brought in over two million dollars. He wrote a grant and COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -209- MINUTES OF THE MEETING MARCH 24, 2014 actually got three positions funded through a grant that now he’s overseeing. I think looking at his position alone, I know that’s worthy of his increase and initially when asked he’s taking on more and more and more responsibility. And I think it’s a lot more than two percent. When we look at Nick Loukas and James DiMarzio. These guys are class acts. Anyone and Lord knows if we don’t bring them up to speed, we will lose them at some point and that’s definitely something that we don’t want to do. So, I’m asking this Council to get behind these three individuals and support their increase. Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Thank you Member West. Member Dougherty. MEMBER DOUGHERTY: Yea as far as Mr. DiMarzio and Mr. Loukas, if we’re not careful we’ll lose them and then when we have to replace them it’ll be a lot more than what we’re going to pay them today. PRESIDENT SCHULMAN: Thank you Member Doughery, Member Dougherty. Any other remarks on Ordinance 20? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 2 NAYS (MEMBERS SMUCKLER & HAWK VOTED NAY) CLERK TIMBERLAKE: Ten yeas, two nays Mr. President. #20 ADOPTED AS ORDINANCE NO. 59/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 20 is adopted. Ordinance 21 please. #21 (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 60/2014 AUTHORIZE AUDITOR TO PAY $86,544.60 TO CENTRAL ALLIED ENTERPRISES, INC; EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s moved and seconded that you adopt Ordinance 21. Any remarks? Leader? MEMBER MORRIS: Mr. President I move we amend Ordinance #21 per copy that all Members have in front of them. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend the caption and Section 1 to Agenda Item No. 21 by changing the dollar amount from $86,544.60 to $92,450.10 PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 21 by virtue of the copy before each Member of Council. Any remarks? Hearing none by voice vote, all those in favor signify by saying COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -210- MINUTES OF THE MEETING MARCH 24, 2014 aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21 as amended. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #21 ADOPTED AS AMENDED AS ORDINANCE NO. 60/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 21 is adopted. Ordinance 22 please. #22 (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 61/2014 AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AWARD & EXECUTE A CONSTRUCTION CONTRACT FOR THE 37TH ST NW WATERLINE REPLACEMENT & ROADWAY REHABILITATION PROJ; EXECUTE A PROF SERV CONTRACT FOR CONSTRUCTION ENG SERV; REC GRANT FUNDS IN AMT OF $750,000.00 AND ZERO PERCENT LOAN FUNDS IN AMT OF $750,000.00 FROM OPWC; AUTHORIZE THE AUDITOR TO ESTABLISH THREE FUNDS FOR PROJ AND AMEND APPROP O#264/2013; EMERGENCY PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader. MEMBER MORRIS: Mr. President I move we adopt Ordinance #22. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks? Leader. MEMBER MORRIS: Mr. President I move we amend Ordinance #22 per copy that all Council Members have in front of them. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Section 6 to Agenda Item No. 22 as follows: a) Amend the language “...supplemental appropriations and appropriation transfer” by deleting the phrase “and appropriation transfer.” COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -211- MINUTES OF THE MEETING MARCH 24, 2014 b) Remove the title “Appropriation Transfer” and amend the “FROM” line immediately following to read: FROM: Unappropriated Balance of the 5410 Sanitary Sewer Fund $60,000.00 PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 22 by virtue of the copy before each Member of Council. Any remarks? Hearing nuh, none by voice vote, all those in favor of the motion, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22 as amended. Any remarks? Hearing none again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS MEMBER MACK: Excellent work Director Moeglin on this one, aye. CLERK TIMBERLAKE: Twelve yeas Mr. President. #22 ADOPTED AS AMENDED AS ORDINANCE NO. 61/2014 PRESIDENT SCHULMAN: Ordinance 22 as amended is adopted. Did you hear that Director Moeglin? CITY ENGINEER MOEGLIN: (Inaudible) PRESIDENT SCHULMAN: You didn’t hear the compliment? CITY ENGINEER MOEGLIN: (Inaudible) (Laughter) ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Announcement of Committee Meetings. MEMBER HAWK: Mr. President. MEMBER SMITH: Mr. Presi PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: Thank you good sir. Finance Committee will meet Monday October, or excuse me March 31st at 6:30pm. PRESIDENT SCHULMAN: Thank you. Chairman Smith. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -212- MINUTES OF THE MEETING MARCH 24, 2014 MEMBER SMITH: Mr. President. CD will also meet that day, 6:30. PRESIDENT SCHULMAN: Any other announcements? CLERK TIMBERLAKE: Personnel Committee. PRESIDENT SCHULMAN: Personnel Committee. MEMBER MORRIS: Same time, same place. PRESIDENT SCHULMAN: Thank you Leader. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: OK, turning to Miscellaneous Business. Do we have any miscellaneous business? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Excuse me I have to identify the man with the coolest car on Cleveland Avenue tonight. Member Hart. Member Hart? MEMBER HART: Thank you Mr. President. That is my wife’s car. That is not my car. That’s why it’s the coolest car. On Communication 129 that I wrote. I think I have to read what I wrote because my brain was thinking one thing and obviously my pen and eyes were writing something else down there. So I need to reread that but what I wanted that letter to say, and I beg your forgiveness is to disconnect the spoutings from the sewer lines that now run into the sanitary lines not disconnect the house drains. (Laughter) So, again I apolo, it must have been I knew I was going to be driving that blue car and I just lost my mind. But that’s, that’s what that letter is suppose to say and I will rewrite it and resubmit it. So I apologize for any inconvenience. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Thank you Member Hart. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Yep. First thing, you lost your mind a lot longer than that. (Laughter) Way back. MEMBER HART: I love you too. MEMBER DOUGHERTY: Nah, and I request that all of you got the notice about Monday night at 5:30? We’re having a, a reception and a, a event out in the lobby to dedicate the two new plaques for the Safety Forces so please try to attend that. This is, a all the folks are invited, the public’s invited also. This is City Council’s way of saying thank you to the Safety Forces and kind of doing something nice for them so please try to attend. Thank you. PRESIDENT SCHULMAN: Thank you Member Dougherty. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -213- MINUTES OF THE MEETING MARCH 24, 2014 MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: This is the last week for people to sign up for the Affordable Care Act. And, we really, I’m asking all Council Members to look at that age group 18-35. Those are group that really needs some assistance in signing up. Today, of course Mayor did a press conference with Don Plusqalic, Plusquellic up in Akron. Did a great job and I just think it’s real important for all of us to really reach, reach out to these young people and get them signed up so that this will drop our, not only will it increase health insurance and help close those disparities that we’ve talked about for many years, it will also help drop the cost of, of the emergency rooms. So just asking everybody to reach out and tell people to contact the Goodwill Campus down there A.B.L.E. Incorporated, Access to Health. There’s the Community Clinic Quest Recovery Services and a lot of services out there so call 211 if you need some information. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Mayor Healy. MAYOR HEALY: Thank you Mr. President. Just want to make announcement that April 8th is going to be the State of the City. We’ll have the budget done by the end of the month. We’ll be able to finalize the numbers on the Police and hire, Police and Fire hiring. So I’ll be doing the State of City that evening. Doors open at 5, speech starts at 5:30. Should be done around 6:30 and then from 6:30 to 7:00 we’ll be a doing a swearing in ceremony for our new Police and Fire that we’ve been working on hiring. PRESIDENT SCHULMAN: Great. MAYOR HEALY: It will be at the Civic Center Downtown. So, PRESIDENT SCHULMAN: And the date is again Mayor. Civic Center? MAYOR HEALY: April 8th. PRESIDENT SCHULMAN: Thank you. MAYOR HEALY: We’ll have more notices go out, but I thought I’d take the opportunity to share with this body and invite everybody and hope to see you all there. Thanks. PRESIDENT SCHULMAN: Thank you. Any other remarks? I told my favorite Safety Director I was going to give her a little nudge tonight those two homes that we’re trying to get rid of or do something with on Cleveland Avenue are still there. They are outrageous. Particularly on a main corridor into Downtown Canton. I am sick and tired of watching, seeing this building. And they apparently, and I know Safety Director’s doing everything she can. She’s been told these people are gonna fix it up. There isn’t a chance that those places are going to get fixed up. I mean they have to be water damaged, they have to be full of rats and it’s a disgrace that anybody driving down one of the main corridors in the City has to look over and see something that looks like it was bombed out in World War II. So, I’m hoping next week we can get some definitive answer on those two horrible symbols of decay which our City is not. So, with that Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Seconded. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -214- MINUTES OF THE MEETING MARCH 24, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you everybody. Safe trip. (Gavel falls) ADJOURNMENT TIME: 8:18 PM ATTEST: 03/28/14 APPROVED: 03/28/14 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 24, 2014 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Jim Griffin, W ard 3 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to correct referral on Com #136 to Received & Filed; add 1 st Rdg O#5 & O#6; 2 nd Rdg O#7 - O#12; O#5 Adopted on 1 st Rdg; O#6 Adopted as Am ended on 1 st Rdg; O#12 Adopted on 2 nd Rdg; O#13, O#14, O#21 & O#22 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Patricia Kirk speaking as the Chairperson of the Canton Tree Com m ission. She stated that the original Arbor Day was in 1872 and Canton would be celebrating their Arbor Day on 4/26/14 at the Church of the Savior from 10:00 am until 1:00 pm with the hopes of planting a new tree in downtown. Brenda Kim brough is the President of the CANDO Neighborhood Association in W ard 2. Her neighborhood really looks good with all of the houses that have been dem olished in the last year. The blight from W ashington School is now gone and she is looking forward to good things going on in the city one neighborhood, one person, one m om ent at a tim e. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 127. CHIEF OF STAFF W ILLIAMS: AMEND O#264/2013 TO ADD 2 STAFF POSITIONS TO THE CLASSIFICATION PLAN (FAIR HOUSING INVESTIGATOR AND EDUCATION/INTAKE SPECIALIST). - PERSONNEL AND FINANCE COMMITTEES 128. COMM DEV DIR MILLER: AUTHORIZE AUDITOR TO PAY MORAL OB TO ASHW ORTH HOME BUILDERS IN AMT OF $950.00 FOR SERVICES IN CONNECTIONS W ITH NSP 3 PROG. - FINANCE COMMITTEE 129. CNCL-AT-LRG MBR HART: REQ CITY TO DEVELOP PROG TO CONNECT HOUSE DRAINS BY SIDEW ALK TO SANITARY SEW ER LINES. - RECEIVED & FILED 130. CNCL-AT-LRG MBR HART: REQ INVENTORY OF BRICK STREETS IN THE CITY W HICH NEED REPAIRED. - RECEIVED & FILED 131. DEVELOPMENT DIR FREEMAN: AUTHORIZE MAYOR TO SUBMIT & FILE W ITH HUD THE FIVE YR CONSOLIDATION PLAN & THE 2014 ANNUAL ACTION PLAN; AUTHORIZE MAYOR TO REVISE AND/OR AMEND CONSOLIDATED PLAN & BUDGETS FOR CDBG, HOME & ESG PER CITIZEN’S PARTICIPATION PLAN; AUTHORIZE & DIRECT AUDITOR TO REVISE BUDGETS AS PERMITTED; UTILIZE ESTABLISHED FUND ACCTS KNOW N AS CDBG, HOME & ESG AND DRAW W ARRANTS UPON RECEIPT OF VOUCHERS; ENTER INTO CONTRACTS FOR VARIOUS PROJ AND AMEND O#186/2013 TO ALLOW MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT FOR UP TO $65,000.00 PER PROP FOR CRITICAL HOUSING REHAB PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 132. MAYOR HEALY: AUTHORIZE RE-APPT OF JOHN STONE TO CANTON TREE COMMISSION FOR RETRO TERM OF 3/1/14 - 2/28/15. - PERSONNEL COMMITTEE 133. MAYOR HEALY: AUTHORIZE APPT OF REMEL MOORE TO CANTON TREE COMMISSION FOR RETRO TERM OF 3/1/14 - 2/28/15. - PERSONNEL COMMITTEE 134. SAFETY DIRECTOR PERRY: REQ POSITION OF DEPUTY CHIEF FOR POLICE DEPT BE REINSTATED. - PERSONNEL & FINANCE COMMITTEES 135. SAFETY DIRECTOR PERRY: REQ INCREASE OF CURRENT SALARY OF COMMERCIAL & RESIDENTIAL INSPECTORS P/T (CASUAL/SEASONAL) FROM $18.00 PER HOUR TO $25.50 PER HR. - PERSONNEL & FINANCE COMMITTEES 136. SAFETY DIRECTOR PERRY: ADVISE THAT ESTABLISHED RATE FOR ADMIN FEE SHALL BE 10% FOR REGISTRATION OF PROPERTIES IN DEFAULT. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE CITY OF CANTON TO ACCEPT THE DONATION OF REAL PROP FROM CCIC (EDW ARD “PEEL” COLEMAN COMM CTR) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 2. AMEND APPROP O#264/2013; EMERGENCY ($48,830.47 UNAPPROP BAL 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER) Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 24, 2014 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 3. AUTHORIZE THE MAYOR AND/OR SERV DIR TO MAKE APPLICATION FOR & ACCEPT FUNDS FROM OHIO HOUSING FINANCE AGENCY FOR NEIGHBORHOOD INITIATIVE PROG; ENTER INTO VARIOUS CONTRACT TO EFFECTIVELY ADMINISTER PROG & TO ENTER INTO COOP AGMT W ITH VARIOUS ENTITIES TO ADMINISTER THE PROG; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 4. AMEND APPROP O#264/2013; EMERGENCY ($5,000.00 FROM UNAPPROP BAL 2353 SW IMMING POOL FUND TO 2353 SW IMMING POOL - OTHER) Referred to Finance Com m ittee (COUNCIL RECESSED AT 7:40 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCES #5 AND #6; RECONVENED AT 7:44 PM) 49/2014 5. AMEND O#30/2014; EMERGENCY (AT&T FOR MAHONING RD CORR PROJ) Referred to Public Property Capital Im provem ent Com m ittee AM ENDED AS 50/2014 6. AMEND EXHIBIT A OF RESOLUTION #250/2013; EMERGENCY (12 TH ST CORR PROJ APPRAISALS) Referred to Public Property Capital Im provem ent Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#7 - O#12; O#12 ADOPTED) 2 ND RDG 7. AMEND APPROP O#264/2013; EMERGENCY (9 SUPP APPROP & 17 APPROP REDUCTIONS) (FIN) 2 ND RDG 8. AUTHORIZE AUDITOR TO PAY $1,156.00 TO C.R.S. CONTRACTING CO.; EMERGENCY (DEMOS AT 2125, 2129, 2133 5 TH ST. NE) (FIN) 2 ND RDG 9. AMEND SECTION 1 OF O#177/2006; EMERGENCY (CAPTAIN - ADMIN, TITLE TRANSFER $500.00) (FIN) 2 ND RDG 10. AUTHORIZE AUDITOR TO PAY $510.35 TO HOME DEPOT; EMERGENCY (FIN) 2 ND RDG 11. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO CONTRACT(S) FOR THE PURCHASE OF VARIOUS VEHICLES AND/OR EQUIP FOR W ATER DEPT; AND AUTHORIZE DIRECTOR TO ALTERNATIVELY PURCHASE SAID VEHICLES AND/OR EQUIPMENT PURSUANT TO STATE COOP PURCH AGMTS; EMERGENCY (PPCI) 51/2014 12. AUTHORIZE AUDITOR AND/OR MAYOR TO ENTER INTO CONTRACT W ITH NEW W ORLD SYSTEMS FOR THE PURPOSE OF ACQUISITION, TRAINING, CONFIGURATION, INSTALLATION, AND IMPLEMENTATION OF COMPUTER SOFTW ARE APPLICATIONS; EMERGENCY (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: AM ENDED AS 52/2014 13. AMENDING ORDINANCE NO. 120/2013; EMERGENCY (12 TH ST RIGHT-OF-W AY ACQUISITIONS) AM ENDED AS 53/2014 14. AUTHORIZE W AGE INCREASE FOR MGMT & NON-BARGAINING UNIT PERSONNEL; AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN & SALARIES FOR MGMT & NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; EMERGENCY 54/2014 15. AUTHORIZE LAW DIRECTOR TO ENTER INTO CONTRACT W ITH BELOW -NAMED CITIES & VILLAGES TO PROVIDE LEGAL REPRESENTATION CONCERNING THE PROSECUTION OF CRIMINAL CASES & RELATED MATTERS BY CITY PROSECUTOR’S OFFICE; EMERGENCY (EAST CANTON, EAST SPARTA, HARTVILLE, LOUISVILLE, MAGNOLIA, NORTH CANTON & W AYNESBURG) 55/2014 16. AUTHORIZE THE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERV CONTRACT W ITH M-E COMPANIES; AMEND APPROP O#264/2013; EMERGENCY ($62,811.00 FROM UNAPPROP BAL 5201 W ATER FUND TO 5201 207026 HARTVILLE W ATER MAIN EXTENSION - OTHER) 56/2014 17. AMEND APPROP O#264/2013; EMERGENCY ($10,419.05 UNAPPROP BAL 5205 PHASE I W ATER IMPROVEMENT FUND TO 5205 207022 PHASE I W ATER IMPROVEMENT - OTHER) 57/2014 18. AUTHORIZE & CONSENT TO BRIDGE INSPECTION PROG SERV OF CANTON’S BRIDGES; EMERGENCY 58/2014 19. AUTHORIZE ESTABLISHMENT OF ANNUAL STIPENDS IN THE W ATER RECLAMATION FACILITY; AUTHORIZE AUDITOR TO PAY STIPENDS; EMERGENCY 59/2014 20. AUTHORIZE MERIT-BASED PAY INCREASES FOR SUPERINTENDENT OF COLLECTIONS SYSTEMS DEPT, ASST CITY ENGINEER & FAIR HOUSING MGR; EMERGENCY (JAMES DIMARZIO, NICHOLAS LOUKAS & KYLE STONE) AM ENDED AS 60/2014 21. AUTHORIZE AUDITOR TO PAY $86,544.60 TO CENTRAL ALLIED ENTERPRISES, INC; EMERGENCY CANTON CITY COUNCIL AGENDA - PAGE 3 - MARCH 24, 2014 AM ENDED AS 61/2014 22. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONSTRUCTION CONTRACT FOR THE 37 TH ST NW W ATERLINE REPLACEMENT & ROADW AY REHABILITATION PROJ; EXECUTE A PROF SERV CONTRACT FOR CONSTRUCTION ENG SERV; REC GRANT FUNDS IN AMT OF $750,000.00 AND ZERO PERCENT LOAN FUNDS IN AMT OF $750,000.00 FROM OPW C; AUTHORIZE THE AUDITOR TO ESTABLISH THREE FUNDS FOR PROJ AND AMEND APPROP O#264/2013; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M arch 31, 2014 in Council Caucus Room at 6:30 PM 1) Finance Com m ittee 2) Com m unity & Econom ic Developm ent Com m ittee 3) Personnel Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Hart will re-address Com m unication #129 because he wanted to have departm ents look at disconnecting the down spouts at residential properties. Mem ber Dougherty rem inded all of the reception next Monday, March 31, 2014 to dedicate plaques to the Safety Forces. This will be held in the lobby area near the snack bar at 5:30 PM. Mem ber W est says that this is the last week for people to sign up for the Affordable Health Care Act. He asked all Mem bers to look at the 18 - 25 group and help them get signed up. There are m any places to register and this age group will help to drop the Em ergency Room costs for all. Mayor Healy will be holding the State of the City address at the Civic Center on April 8 th. The doors will open at 5:00 PM with the speech at 5:30. There will be a swearing in cerem ony for new officers following the address. President Schulm an asked Safety Director Perry again about 2 houses on Cleveland Avenue that have needed dem olished for awhile. These need to com e down because they are a m ajor disgrace to a m ajor corridor in our city. ADJOURNM ENT: 8:18 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 31, 2014 @ 7:30 PM

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