City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -227- MINUTES OF THE MEETING APRIL 7, 2014 PRESIDENT SCHULMAN: Good evening ladies and gentleman. Welcome to Canton City Council. I understand that Member Dougherty was in this seat last week and ran a tight meeting and so are we tonight. With the quorum being present 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 Council Member David Dougherty. If you’ll all stand and remain standing please for our Pledge of Allegiance. The regular meeting of Canton City Council was held on April 7, 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 by David Dougherty, Ward 6 Council Member. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Dougherty. Leader. We’re now under Agenda Corrections and Changes. MEMBER MORRIS: Mr. President, I move, Rule 22A be suspended to add 2nd Readings Ordinances #12 through and include #14. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add Second Reading Ordinances 12 through 14. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Rule 22A is suspended. The ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearing, we have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business, our Chief of Staff Fonda Williams has indicated there is COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -228- MINUTES OF THE MEETING APRIL 7, 2014 none tonight. PUBLIC SPEAKS PRESIDENT SCHULMAN: We do have three public speakers. Our first public speaker is Pete DiGiacomo. Mr. DiGiacomo, as always welcome. If you’ll step forward and give us your name and your residential address please. PETE DIGIACOMO: Good Evening. My name is Pete DiGiacomo. I live at 600 Dent Pl. SW Canton, Ohio. First thing I want to do is for the Service Director who just walked in. I wanted to bring up about the street department. Somebody dumped a mattress, box springs in our, down our neighborhood. I called ‘em this afternoon. I would say within two hours they came up, they removed it. So I wanted to, that was really good and I’ll call them tomorrow and thank them. Second thing I wanted to talk on is the safety forces, Mayor Healy’s not here. I understand that tomorrow he’ll be giving the City Address. I’m just curious as to last year, the City hired twelve new police officers and I’m curious as to how many of those twelve are still working for the City today, how many police officers retired last year. Other words, did the twelve help really bring up the forces or stay the same or drop below? I understand that there’s going to be sixteen police cadets, sixteen fire that’s going to be sworn in tomorrow. And that’s a great, great thing I I believe. I personally would like to see Council come up with a limit as to you know, minimum staffing levels still to speak. Oh I can, no that’s leave it like it is, that, that’s okay. Leave it like it is. And, I, I would like to see if you come up with something, something for a staffing level of Safety Forces, EMS, Fire, Police across the board. That way we will, the City of Canton would be hopefully guaranteed to have a good sound safety force. I know as far as the EMS goes, that they’ve have to farm out a lot of EMS calls because we don’t have the crews available. That’s a lot of money the city’s losing. I believe. But, like I said I’d like to maybe next week hear about the twelve that were hired, how many are still here, how many retired. Because now you know, we were last year at this time nobody knew how many was going to retire. So, alright thank you very much. PRESIDENT SCHULMAN: Thank you Mr. DiGiacomo. Our next speaker is Patricia Kirk. Ms. Kirk as always, welcome. If you’ll step forward and give us your name and your residential address please. PATRICIA KIRK: Yes, thank you. I’m Patricia Kirk. 131 5th St. NE. I just have a couple of announcements to make this evening. Canton’s Tree Commission is established now after the Tree Ordinance started during Mayor Creighton’s office and after hosting the Tree Commission Academy from ODNR. We have standards and specifications that have been modeled after another city. And we have our very own Tree Commission website. PRESIDENT SCHULMAN: Great. PATRICIA KIRK: Now we have our first Arbor Day coming up on May 8 or 3rd, I’m sorry. Which will be combined with the Earth Day at Nimisilla Park from 10 to 3 o’clock. It’s been a long ten years. Downtown Central Neighborhood Association will have it’s own Arbor Day Celebration at Church of the Savior United Methodist on April 26th from 10 to 1. If anyone needs to know what a tree does, they certainly do because we don’t have any. The Mayor’s signed proclamation was handed into Lola Lewis from ODNR on April the 1st. Thank you for your interest. PRESIDENT SCHULMAN: Thank you very much as always and thanks for your service Ms. Kirk. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -229- MINUTES OF THE MEETING APRIL 7, 2014 PRESIDENT SCHULMAN: Our next speaker is Charles Killens. Mr. Killens, as always welcome if you’ll step forward and give us your name and your residential address and try not to break our microphone. CHARLES KILLENS: My name is Charles Killens. 1223 Market Avenue North. I’m here speak regarding City and Mr. Martuchi and Council and all the Councilmen in relation to judicial proceeding in the Council Law. I brought me a cabinet here because I found out when you go through to the City like Mr. Martuchi he had filed false documents wrongly I can take pictures and show him the places that are in all the wards that violate City Code and the city hasn’t done anything about it. They say, we’re working on it. But I’ve been a little busy and I’m going to contact the Federal Court and ask them to send some help down here enlighten some of you people in regarding the Civil Right and the judicial proceeding and I hope that we can get something done in relation to falsifying documents and illegal trespassing by City employees. They don’t have the right to do it, but they do it. And I think Constitution like I say texts us and I think I will talk to a Federal Judge and see if he can give me some help in regarding to, to writing to each individual to whom I suggest that he needs to enlighten on Civil Rights. In the Federal Law and the billing right. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Killens. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED APRIL 7, 2014. 148. AUDITOR MALLONN: MNTHLY RPT BY FUND 3/1/14 - 3/31/14. - RECEIVED & FILED 149. AUDITOR MALLONN: YRLY RPT BY FUND 1/1/14 - 3/31/14. - RECEIVED & FILED 150. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 3/31/14. - RECEIVED & FILED 151. COMPLIANCE DIRECTOR WILLIAMS: AUTHORIZE DIRECTOR TO ENTER INTO PROF SERV AGMT WITH czbLLC TO DEVELOP COMPREHENSIVE PLAN FOR CITY OF CANTON IN AMT NOT TO EXCEED $350,000.00. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 152. COURT ADMIN KOCHERA: MUNICIPAL COURT 2013 ANNUAL RPT. - RECEIVED & FILED 153. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG FOR NEW C1 PERMIT FOR MORELLO’S PIZZA AND PASTA TO GO @ 2226 CLEVELAND AVE NW TO BE HELD 4/17/14 AT 9:30 AM AT JOBS & FAMILY SERV. - RECEIVED & FILED 154. MAYOR HEALY: AUTHORIZE MARC FIORENTINO, MD TO CANTON CITY BOARD OF HEALTH FOR 5 YR RETRO TERM OF 4/1/14 - 3/31/19. - PERSONNEL COMMITTEE 155. MAYOR HEALY: ADVISE CHANGE TO APPTS ON CCIC BOARD EFFECTIVE 4/3/14; COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -230- MINUTES OF THE MEETING APRIL 7, 2014 COUNCIL PRESIDENT SCHULMAN TO REPLACE JOE DIRUZZA, CNCL MBRS DOUGHERTY AND WEST FOR RETRO TERM OF 1/1/14 - 12/31/14 AND ASST MAJ LDR SMITH & CNCL MBR GRIFFIN TO SERVE AS ALTERNATES. - RECEIVED & FILED 156. SAFETY DIRECTOR PERRY: REQ $43,383.50 SUPP APPROP FROM UNAPPROP BAL 4502 MOTOR VEHICLE PURCHASE TO 4502 101001 POLICE ADMIN - OTHER FOR RADIO EQUIP FOR POLICE DEPT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 157. SERVICE DIRECTOR BARTOS: REQ $10,513,168.28 SUPP APPROP FROM UNAPPROP BAL 5227 WATER METER/MTU REPLACEMENT FUND TO 5227 207030 WATER METER/MTU REPLACEMENT FUND - OTHER & AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 158. SERVICE DIRECTOR BARTOS: REQ $50,268,769.68 SUPP APPROP FROM UNAPPROP BAL 5442 WRF PHOSPHORUS PROJ TO 5442 206054 WRF PHOSPHORUS PROJ (CONSTRUCTION) - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 159. TREASURER PEREZ: RPT OF CITY’S OUTSTANDING INVESTMENT & BANK RECONCILIATIONS AS OF 3/31/14. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for the First Reading. Madame Clerk would you please begin with Ordinance 1. 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: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY. ($1,774.70 FROM UNAPPROP BAL 2525 MOTHER GOOSELAND FUND TO 2525 401060 MOTHER GOOSELAND - OTHER) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE STADIUM PARK - HERBERT FISHER WALKING TRACK REPLACEMENT PROJECT AND TO RECEIVE GRANT FUNDS FOR THIS PROJECT FROM THE TIMKEN FOUNDATION; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 FROM UNAPPROP BAL 2530 SPECIAL PARK REVENUE FUND TO 2530 401090 PARK REDEVELOPMENT - OTHER) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -231- MINUTES OF THE MEETING APRIL 7, 2014 #3. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 186/2013; AND DECLARING THE SAME TO BE AN EMERGENCY. (PROJ AMTS FROM $50,000.00 TO $65,000.00 FOR HOME, ESG & CDBG FUNDS) Referred to Community & Economic Development Committee #4 (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO VARIOUS CONTRACTS UTILIZING CDBG, HOME AND ESG FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY (9 CONTRACTS) Referred to Community & Economic Development Committee #5 (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND UBRAN DEVELOPMENT (HUD) A 2014-2018 CONSOLIDATED PLAN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HOME INVESTMENT PARTNERSHIP PROGRAM AND EMERGENCY SHELTER GRANT PROGRAM; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE CONSOLIDATED ONE YEAR ACTION PLAN FOR FISCAL YEAR 2014 FOR THE THREE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6 (1st RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 FROM UNAPPROP BAL 2331 AIR POLLUTION CONTROL (APC) FUND TO 2331 APC - OTHER) Referred to Finance Committee #7 (1st RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ASST. DIR. OF PURCHASING TO EXEMPT) Referred to Personnel Committee #8 (1st RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH JACK DOHENY COMPANIES IN AN AMOUNT NOT TO EXCEED $41,000.00 TO REPAIR THE VACUUM SYSTEM AND REPLACE THE ENGINE ON A SEWER COMBINATION VEHICLE (VACTOR); AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #9 (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE IN CONJUNCTION WITH THE CANTON PARK COMMISSION TO COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -232- MINUTES OF THE MEETING APRIL 7, 2014 ENTER INTO A COOPERATIVE AGREEMENT WITH STARK PARKS FOR THE PLANNING, DESIGN, CONSTRUCTION, OPERATION, MAINTENANCE AND SECURITY OF CANTON’S HIKE AND BIKE TRAILS/ROUTE SYSTEM WITH THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Parks & Recreation Committee #10 (1st RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $46,957.31 TO BEAVER EXCAVATING; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #11 (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE EXTERIOR SURFACE PREPARATION, PRIMING AND PAINTING OF THE BRENTWOOD WATER TOWER AND TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR THIS PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($309,600.00 FROM UNAPPROP BAL 5201 WATER FUND TO 5201 207022 WATER DISTRIBUTION - OTHER) Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you Madame Clerk. Now turning to Ordinances and Formal Resolutions for their Second Reading. Would you please begin with Ordinance 12. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #12 THROUGH #14 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (FAIR HOUSING INVESTIGATOR & EDUCATION/INTAKE SPECIALIST) #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $950.00 TO ASHWORTH HOME BUILDERS; AND DECLARING THE SAME TO BE AN EMERGENCY (NSP 3 PROG) #14. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (SALARY INCREASE FOR CASUAL/SEASONAL INSPECTORS) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -233- MINUTES OF THE MEETING APRIL 7, 2014 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk Turning to Communications, let the Journal show that all Communications are received as read. Now we turn to Ordinances and Formal Resolutions for the Third Final Reading and Vote. Would you please begin with Ordinance 15. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #15 THROUGH #18 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 67/2014 AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT THE DONATION OF REAL PROPERTY FROM THE CANTON COMMUNITY IMPROVEMENT CORPORATION (EDWARD “PEEL” COLEMAN COMMUNITY CENTER) PRESIDENT SCHULMAN: Leader. 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? 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. 67/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 68/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($48,830.47 FROM UNAPPROP BAL 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER) PRESIDENT SCHULMAN: Leader. 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 under this Ordinance? Again hearing none, Madame Clerk Roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -234- MINUTES OF THE MEETING APRIL 7, 2014 CLERK TIMBERLAKE: Twelve yeas Mr. President. #16 ADOPTED AS ORDINANCE NO. 68/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk Ordinance 16 is adopted. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 69/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC 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 AND TO ENTER INTO COOPERATIVE AGREEMENTS WITH VARIOUS ENTITIES TO ADMINISTER THE PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Is there, are there any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #17 per copy that all Council Members have in front of them. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 17 by the substitution of the attached revised ordinance for the original ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance 17 by virtue of the copy before each member of Council. Any remarks? Hearing none, by voice vote on the motion signify by saying aye. Those opposed no. The ayes have it. The motion carries. Leader. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17 as amended. Any remarks under the mo, under the Ordinances amended? Hearing none, again Madame Clerk roll call vote please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -235- MINUTES OF THE MEETING APRIL 7, 2014 CLERK TIMBERLAKE: Twelve yeas Mr. President. #17 ADOPTED AS AMENDED AS ORDINANCE NO. 69/2014 PRESIDENT SCHULMAN: Ordinance 17 is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE 70/2014 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) 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? Again, 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 18 is adopted. #18 ADOPTED AS ORDINANCE NO. 70/2014 ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Turning now to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: Thank you good sir. The Finance Committee will meet Monday April 14th at 6:15 PM. PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Assistant Majority Leader Smith. MEMBER SMITH: Yes. MEMBER SMITH: CD will meet same time. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -236- MINUTES OF THE MEETING APRIL 7, 2014 PRESIDENT SCHULMAN: Thank you. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Member Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet same time same place. PRESIDENT SCHULMAN: Thank you Chairman. MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Hart. MEMBER HART: Personnel will meet also at 6:15. PRESIDENT SCHULMAN: Chairman Griffin. MEMBER GRIFFIN: Mr. President, Parks and Recreation will meet 6:15 next week. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any? Member Hart? MEMBER HART: Yea, just two quick comments. Still finding a lot of potholes that are out there in the city. No, there are and I guess my question is and I say this. Does the street, does the street department have a you know a plan for identification of these? Be because I, I, I guess I get calls from residents you they’re still running over the, the holes and, and I know that you know when the city notified, we take responsibility but I just know like a couple along 30th Street which is the busy thoroughfare in front of the Synagogue and I think it’s the, oh I’m having my senior moment with the other Church just before that. You know huge ones on 25th and Gibbs and I mean these are ones that are going to be bending rims and you know blowing out tires and we’re getting into good weather and people are going what’s you know what’s the city’s plan, what are you gonna do about it. You know, I and I know that you know we’ve got a million of ‘em all over but is there you know any, any light at the end of the tunnel. You know and I. PRESIDENT SCHULMAN: Director Bartos, would you like this? DIRECTOR BARTOS: Member, Member Hart. Very good question. Yea, right now where we’re at, you know we’re all, we’re waiting for the hot mix which is the permanent fix. You know we have the cold patch which essentially gets us through the winter but then it ends up coming out and we have to fill it again. Central Allied was making hot mix for about four hours today and then they went back to the cold patch. So I thought we, I though we were onto hot mix for, for good but it looks like they’re back to making the cold patch. So, we’re planning, we’re hoping that the hot mix will be in, in supply this weekend. I’ve already authorized Superintendent Rorar if, if Central Allied is indeed making hot mix over the weekend and they’ll stay open over the weekend cause usually they’re only open Monday to Friday. I’ve authorized him to have, have the folks COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -237- MINUTES OF THE MEETING APRIL 7, 2014 come in on overtime. We’re just going to blitz the streets this Saturday especially 12th Street, we’re looking at cause I know that one’s pretty rough between Cleveland and Market especially. And from there on out, it will be a continual process to, to you know address these, these potholes. Now you did mention that we’re getting into good weather, but actually we’re hitting the peak of pothole season because you know most people would think, oh the snow’s over so the potholes should be dying out but actually it’s when we get into this wet, rainy weather where the rain gets into the cracks and really starts popping those potholes out. So right now, we’re in the peak. Please bare with us, we’re working as diligently, diligently as we can. MEMBER HART: Part of my frustration is there are people out there who (inaudible) asphalt. You know, and, and no we don’t have an asphalt plant. You know, we have to buy it and as it becomes available but I just you know want to make sure that it is, you know hopefully I can tell them yea we do have the plant. Also I want to congratulate Member Dougherty, there was a young child that had left the Clarendon School and you know the hospital was identified. Member Dougherty went out and was able to find the young man quite a few blocks away with his quick action and you know just say congratulations to Dave for a job well done. (Applause) So. PRESIDENT SCHULMAN: Yes Mayor Healy. MAYOR HEALY: Thank you Mr. President. And I’d also like to take a moment to congratulate Council Member Edmond Mack. He wasn’t here last week but he was recognized as a Twenty Under Forty. Very, very big accomplishment here in Stark County. We’re all proud of you. Thank you. (Applause) And as my standard Public Service Announcement, the State of the City is tomorrow. Doors open at five, speech starts at 5:30 and we will conclude the event with the hiring of this class, this year’s class for the police and fire. In reference to a comment earlier, Mr. DiGiacomo, in reference to how many I can’t tell you by name, but I can tell you that two years ago we had a hundred and thirty-nine police officers. This past year we were at, one actually a year ago 139, this year we’re at 147. So as we hired twelve, you had a few retire that lowers the number so we went up to 151. It went back down a couple. This is now a quarter of the way through this year and as we do hiring, we typically try to project how many people are going to retire and then over hire so that when they come down we can still afford to pay for them. So that’s part of the factoring process. But I can assure you that we have started the process two years ago in the Police Department and last year in the Fire Department. The Fire Department timing was different because of the Safer Grant allowed us to keep members longer when the recession was here. We had started the increasing process and I don’t know where this net zero thing is coming from. It’s absolutely not the case. When we hire a class, the class is higher than the amount of people we’ll be losing significantly, and you’ll see it. We increased by I think, right now a year and three months later, eight off of, off of twelve hiring class so the number is still eight higher than the year before. This year, we will hire significantly more. Let me repeat that. Significantly more than our projections of how many are going to retire. Which means we will have a real net gain in our increase in the Police Department and the Fire Department. So that information will be available to you tomorrow at the State of the City. You can look at those numbers and calculate ‘em and estimate but we’ll tell you exactly where we expect to be, how many are coming in, and you know I can’t tell you if I hire somebody that they’re not going to drop out through the training class two months in and I certainly can’t tell you who’s going to retire because they don’t report that to us. The Policemen and the Firemen do not and typically don’t, they don’t do not have to and they typically don’t tell us when their expected retirement dates are. They may know, but they don’t tell management. Some do, but it’s rare so we have to speculate based off how long they’ve been there and the talk that’s out there of who’s going to be retiring. And the Chiefs will ask their members and the unions will talk to people but they don’t have to tell us. So we know right now that we’re expecting in the Police Department over the next twelve months somewhere between three and five Police Officers to retire. And we have about the same number in the Fire Department. Somewhere COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -238- MINUTES OF THE MEETING APRIL 7, 2014 between three and five. So we’re expecting that between the two of ‘em we’ll lose maybe somewhere six or eight or as many as ten over the course of the year collectively. We’re factoring that in when we put together the actual number that we’re going to rehire and you can estimate that yourself. The difference will be a significant increase in manpower for both police and fire. The final numbers will be to you tomorrow at the State of the City. I hope that answers your question. Thank you. PRESIDENT SCHULMAN: Thanks Mayor. Anybody else? MEMBER WEST: Mr. President, just real quick. PRESIDENT SCHULMAN: Mr. West MEMBER WEST: Just for the Mayor. Why is it that they’re gonna, none of them tell us? Why do they not tell us? Why is there not a process in place? Is there, is that the union or is that a law? Or PRESIDENT SCHULMAN: Law Director Martuccio LAW DIRECTOR MARTUCCIO: Mr. President, Member West I, I think what the Mayor is referring to is a program that is unique to police and fire called DROP. D-R-O-P which stands for the Deferred Retirement Option Program. This was a, a nice benefit for police and fire that was legislated by their lobbyist’s some years ago in Columbus. It provides that they can retire without telling their employer and no, no loss of seniority, no change in benefits, no waiting period and then for minimum of three and a maximum to eight years they can, their retirement actually goes into an annuity. They continue to collect retirement, or they continue to pay retirement but their, their retirement checks from their retirement go into an annuity. Anyway, that’s the background but the short answer is because of that program many of them go into a retirement phase for three to eight years without having to tell us by law. When they reach that max, we have an idea they’re going to leave because there’s no reason to stay, there’s no financial incentive to stay beyond that. So I think we can guesstimate how many are reaching their eight years and guesstimate those folks will be retiring and leaving us. But short of that there’s no legal requirement that they tell us that they’re going to be in that program and almost all of them take the program. PRESIDENT SCHULMAN: Anyone else? Leader. PRESIDENT SCHULMAN: Hold your question and you can come up later Mr. DiGiacomo. Leader. MEMBER MORRIS: Mr. President, I move we adjourn. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Be careful everyone. Thank you for attending. (Gavel  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -239- MINUTES OF THE MEETING APRIL 7, 2014 falls) ADJOURNMENT TIME: 7:53 PM ATTEST: April 9, 2014 APPROVED: April 9, 2014 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT