City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -267- MINUTES OF THE MEETING APRIL 21, 2014 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. I want to thank Member Dougherty for his work last week in my absence. Sorry I wasn’t here. I was doing legal work in Cincinnati and I would have really preferred to have been here. With a quorum present the Chair calls this meeting of Canton City Council to Order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, BILL SMUCKLER, GREG HAWK, THOMAS WEST, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL, & EDMOND MACK) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER GRIFFIN ABSENT) CLERK TIMBERLAKE: Eleven present Mr. President. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader. MEMBER MORRIS: Mr. President, I move we excuse Member Griffin from tonight’s meeting. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you excuse Member Griffin from this evening’s meeting. 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. The motion carries and Member Griffin is excused from this evening’s meeting. Tonight’s invocation will be given by friend and Ward 8 Member Edmond Mack. Will you all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on April 21, 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 Ward 8 Council Member, Edmond Mack. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much Member Mack. We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances #9 through and include #12. MEMBER SMITH: Seconded. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -268- MINUTES OF THE MEETING APRIL 21, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 9 through 12 to this evening’s agenda. Any remarks? Hearing none again, 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 The motion carries and Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. There are none scheduled this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re under Old Business and I will turn this over to the Mayor’s Chief of Staff, Mr. Williams. Mr. Williams. CHIEF OF STAFF WILLIAMS: Thank you Mr. President. At the April 14th meeting we had several guests that had discussed some issues throughout the city. The first was Mr. Tim Porter had requested that the police enforce curfews. Safety Director Perry did have that conversation with Chief Lawver. Mr. DiGiacomo talked about the subcontractor for AEP leaving large pieces of trees behind when they trim and I believe he had a conversation with Service Director Bartos in that regards and that is ongoing so we’ll continue to report back on that. Also Mrs. Ida Webb talked about a vacant lot next to her property that’s full of limbs and trash and also needing attention to be mowed. So we are looking at that Mrs. Webb. I thought I saw her earlier in the audience. OK. Mrs. Betty Bradley had a question about money to relocate residents that live in the flood zone. Mrs. Bradley that’s something we’re looking into. Typically money like that comes from FEMA but it’s a pretty long extensive process so I assure you, we’ll continue to look into that and get back to you in that regard. Mr. Jack Hawk asked about the changes to the Civil Service exam. I know Law Director Martuccio’s is working on that. That also is an ongoing process and Mrs. Gwen Corbett requested that potholes are filled in the southeast end and I know Director Bartos is also following up on that with Superintendent Rorar. That concludes the Old Business. Thank you. PRESIDENT SCHULMAN: Thank you Chief of Staff Williams. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have three speakers this evening. Our first is Mr. Charles Killins. Mr. Killins, as always welcome to Canton City Council. If you’ll give us your name and your residential address please. CHARLES KILLINS: My name is Charles Killins. I live at 1223 Market. Directed to Mr. Martuccio. Here I have some pictures that I took in relation to the city where the Safety Department, the Health Department said they been looking at the house. Well you can see here’s one where the Old Timers, right across from the Old Timers right there on 12th Street where it’s supposed been you know, one of the upstanding place yet the city has not done anything to have those people clear up that property but yet and still I have noticed from Mr. Martuccio. Remember when they tore my house down, they didn’t pay me and it’s not clear as to who COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -269- MINUTES OF THE MEETING APRIL 21, 2014 actually owned it, whether the Timken Company or Antioch Baptist. I have to do some more work on that and I was wondering, could you get me the telephone numbers of the Antioch Baptist preacher so I can call him and find out as to what the owned so I can send it to the Courts and have them rule on the property. And here’s a copy right down off of Cherry you have 3 houses. You like to see the pictures? They supposed to be in good condition but yet still I think they been about 6, 8, 10 years and they haven’t done anything about it. But yet and still, when I had my house over there on Carnahan, had a few things around it, they said it was junky and on Cherry, right here, this fella got a whole lot. A whole block of trash in a fence. Yet and still the city has done nothing about in relation to health hazards there and it’s really a health hazard. If you go down there, you could see it. And the other buildings right here, not far from here are in bad condition yet and still, the Health Department has not visited them or served any papers in relations to have them clear it up. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Killins very much. CHARLES KILLINS: Would you like to see these pictures here? (Provided photographs to Member Mack to pass around) PRESIDENT SCHULMAN: Thank you sir. Our next speaker is Tim Porter. Mr. Porter as always welcome to Canton City Council. If you’ll again give us your name and your residential address please. TIM PORTER: My name’s Tim Porter. 1107 10th Street NW. Just a real quick thing. Somebody needs to look into our Code Enforcement Department. If you guys look at your calendars and see today’s date, the city just cashed a check that I turned in on March 7th. March 7th. You know that’s over a month to cash a check and when we called to find out why it took that long, they told me they have not opened mail since February 25th. That’s what they told me. And this was money that we sent in because we have an unoccupied property so we have to pay our $20.00. Now, you know, granted I’m sure they’re not holding millions down there, but how much monies sitting in this office that they haven’t opened yet? It’s that crazy. And that’s what the lady told us when we called about where are check was, why it hadn’t been cashed. They haven’t opened mail since February 25th and it just got cashed today. So, if somebody could look into that. How much money do we have sitting down there? Thank you. PRESIDENT SCHULMAN: Thank you Mr. Porter. And somebody will look into that. Our next speaker is Ida Webb. Miss Webb. Good evening. Welcome as always to Canton City Council. If you’ll give us your name and your residential address please. IDA WEBB: Ida Webb. 947 Sherrick Road SE. I’m here today to complain about my lot again. I heard someone say they would mow it. I paid $125.00 to have the limbs off of the trees cut down. Not only the grass needs to be mowed but the dead wood and limbs need to be cleared away. It looks very bad for my lawn. It’s just an eyesore and I hope you’ll take care of it as soon as you can. Thank you. PRESIDENT SCHULMAN: Thank you Miss Webb very much. That concludes our Public Speaks. We appreciate all our speakers coming in this evening and hopefully we’ll have answers to your inquiries. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Turning to Informal Resolutions. Madame Clerk will you please read Informal Resolution 22 by title. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -270- MINUTES OF THE MEETING APRIL 21, 2014 #22. PERSONNEL COMMITTEE: APPOINTING JILL WOOD AS ADMIN ASST V TO CANTON CITY COUNCIL OFFICE. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #22. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 22. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #22 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Miss Wood congratulations and we welcome you and we know you’re going to do a spectacular job. Would you like to stand up and good luck. (APPLAUSE). And that will probably be the last time you’ll get an applause from City Council. (LAUGHTER) COMMUNICATIONS PRESIDENT SCHULMAN: And now we turn to, that’s it for Ordinances, turn 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 APRIL 21, 2014. 173. HATTIE HARRIS GOOD SPIRITS CLUB: THANKS TO ALL ELECTED OFFICIALS FOR YOUR DEDICATION ON NATIONAL THANK YOU DAY, APRIL 25TH. - RECEIVED & FILED 174. HEALTH COMMISSIONER ADAMS: REQ THAT FUND 2320 BE RENAMED “NURSING CLINIC ACTIVITIES”. - FINANCE COMMITTEE 175. ICAN INC.: THIS LETTER IS TO APPRISE YOUR OFFICE THAT ICAN INC. PLANS TO BE THE GENERAL PARTNER OF A RESIDENTIAL RENTAL DEVELOPMENT LOCATED IN OR WITHIN A ONE-HALF MILE RADIUS OF YOUR POLITICAL JURISDICTION, AND HAS SUBMITTED AN APPLICATION TO UTILIZE THE MULTIFAMILY FUNDING PROG OF THE OHFA FOR DEVELOPMENT OF HARMONT PARK HOMES. - RECEIVED & FILED 176. LIQUOR CONTROL DIVISION (OHIO): REQ RENEWAL OF LIQUOR AGENCY CONTRACT AT NORTHEAST LIQUORS INC DBA NORTHEAST BEVERAGE LOCATED @ 1249 HARRISBURG RD NE. - RECEIVED & FILED 177. LIQUOR CONTROL DIVISION (OHIO): REQ STOCK TRANSFER ON C1 C2 LIQ PERMIT FOR NORTHEAST LIQUORS INC DBA NORTHEAST BEVERAGE LOCATED @ 1249 HARRISBURG  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -271- MINUTES OF THE MEETING APRIL 21, 2014 RD NE. - RECEIVED & FILED 178. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PURCHASE RADIO EQUIP FROM MOTOROLA SOLUTIONS FOR FIRE DEPT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 179. SERVICE DIRECTOR BARTOS: AUTHORIZE AUDITOR TO PAY MORAL OB TO CENTRAL ALLIED IN AMT NOT TO EXCEED $64,526.00 & AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 180. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AERIAL EASEMENT/LICENSE AGMT WITH NORTH MARK DOWNTOWN, LLC GRANTING EASEMENT AND LICENSE IN CITY’S RIGHT OF WAY FOR PROP LOCATED ABOVE COURT AVE NW BETWEEN 2ND & 3RD STREETS NORTH. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Now we’re under Ordinances for their First Reading. Madame Clerk will you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECENT RECOMMENDATIONS REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 105, CONTRACTS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #3. (1ST RDG) A FINAL RESOLUTION ADOPTING PLANS, AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO COOPERATE WITH AND REQUEST THE DIRECTOR OF TRANSPORTATION TO PROCEED WITH THE UPGRADE/REPLACEMENT OF ELEVEN TRAFFIC SIGNALS ON THE SIGNAL SYSTEM IDENTIFIED AS THE “NAVARRE ROAD SIGNAL SYSTEM”; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY. ($20,000.00 FROM UNAPPROP BAL 2113 MUNICIPAL ROAD FUND TO 2113 202001 ENGINEERING ADMINISTRATION - OTHER) Referred to Public Safety & Thoroughfares Committee  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -272- MINUTES OF THE MEETING APRIL 21, 2014 #4 (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT WITH THE PUCO AND AKRON METRO REGIONAL TRANSIT AUTHORITY TO RECEIVE A $95,000.00 GRANT FROM THE PUCO; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AUTHORIZING THE AUDITOR TO ESTABLISH AND CREATE THE 4573 SIB LOAN, 12TH STREET N. CORRIDOR PROJECT GP 1098 FUND ; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee (COUNCIL RECESSED AT 7:50 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCES #5, #7 AND #8; RECONVENED AT 7:56 PM) #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 76/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (50,268,769.68 FROM UNAPPROP BAL 5442 WRF PHOSPHORUS PROJ TO 5442 206054 WRF PHOSPHORUS PROJ (CONSTRUCTION) - OTHER) Referred to Finance Committee PRESIDENT SCHULMAN: Thank you Chairman Hawk. Thank you Chairman Mariol. Council will reconvene after the recess. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinances #5 through 8 back on this evening’s agenda. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to place Ordinances 5 through 8 back on this evening’s agenda. 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. Motion carries. Ordinance 5 through 8 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 Rule on Ordinance 5. Any remarks? Again hearing none, Madame Clerk roll call vote please.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -273- MINUTES OF THE MEETING APRIL 21, 2014 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader you heard the three readings. 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? Again hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 1 NAYS (MEMBER FISHER VOTED NAY) CLERK TIMBERLAKE: Ten yeas, one nay Mr. President. #5 ADOPTED AS ORDINANCE NO. 76/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 5 has been adopted. (COUNCIL RECESSED AT 7:48 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #6; RECONVENED AT 7:49 PM) #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 77/2014 AN ORDINANCE AMENDING ORDINANCE NO. 24/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (UNMARKED POLICE VEHICLES) Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President I move we suspend the Statutory Rules on Ordinance #6. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 6. Any remarks? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -274- MINUTES OF THE MEETING APRIL 21, 2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader you’ve heard the three readings. 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? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #6 ADOPTED AS ORDINANCE NO. 77/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 6 has been adopted. #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 78/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,020,000.00 FROM UNAPPROP BAL 1151 LAND REUTILIZATION AND NOTE FUND TO 1151 101501 CODE ENFORCEMENT ADMIN - OTHER) Referred to Finance Committee PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President I move we suspend the Statutory Rule on Ordinance #7. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance #7. Any remarks? Again 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. Leader you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #7. MEMBER SMITH: Seconded.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -275- MINUTES OF THE MEETING APRIL 21, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #7 ADOPTED AS ORDINANCE NO. 78/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #7 has been adopted. #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 79/2014 AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,800,000.00 FOR THE PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED TO PAY THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY Referred to Finance Committee PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President I move we suspend the Statutory Rule on Ordinance #8. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #8. Any remarks? Again 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. The motion carries. Leader you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #8. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Any remarks? Again hearing none, Madame Clerk, roll call vote please.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -276- MINUTES OF THE MEETING APRIL 21, 2014 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #8 ADOPTED AS ORDINANCE NO. 79/2014 PRESIDENT SCHULMAN: Ordinance 8 has been adopted. Thank you Madame Clerk. CLERK TIMBERLAKE: You’re welcome. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions. Ordinances for their Second Reading. Madame Clerk, will you please begin with Ordinance 9. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #9 THROUGH #12 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH CZBLLC IN AN AMOUNT NOT TO EXCEED $350,000.00 TO DEVELOP A COMPREHENSIVE PLAN FOR THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($43,383.50 FROM UNAPPROP BAL 4502 MOTOR VEHICLE PURCHASE FUND TO 4502 101001 POLICE ADMINISTRATION - OTHER) #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY. ($10,513,168.28 FROM UNAPPROP BAL 5227 WATER METER/MTU REPLACEMENT FUND TO 5227 207030 WATER METER/MTU REPLACEMENT - OTHER) #12. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE TASOS ELECTRIC ANNEXATION AREA CONTAINING APPROXIMATELY 2.3921 ACRES; ASSIGNING SAID TERRITORY TO WARD 9 OF THE CITY; ZONING SAID TERRITORY AS I-1 (LIGHT INDUSTRY); AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 4/2814 @ 7:30 PM ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. Turning now to Ordinances and Formal Resolutions for Third, Final Reading and Vote. Would you please begin Madame Clerk with Ordinance #13.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -277- MINUTES OF THE MEETING APRIL 21, 2014 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 ORDINANCE NO. 80/2014 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) 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? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 80/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 is adopted. Ordinance 14 please. #14. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 81/2014 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) PRESIDENT SCHULMAN: Leader. 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. MEMBER MORRIS: Mr. President I move we amend Ordinance #14 per a copy that all Members have in front of them.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -278- MINUTES OF THE MEETING APRIL 21, 2014 MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 14 by changing the language in the caption and Sections 1 and 2 from “The Mayor and/or Director of Public Service, on behalf of the city of Canton,” to “The Parks Director, on behalf of the Canton Park Board.” 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? Hearing none then by voice vote, all those in favor 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 #14 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14 as amended. Any remarks under this Ordinance as amended? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #14 ADOPTED AS AMENDED AS ORDINANCE NO. 81/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 14 is adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 82/2014 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 15. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -279- MINUTES OF THE MEETING APRIL 21, 2014 #15 ADOPTED AS ORDINANCE NO. 82/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 15 is adopted. Ordinance #16 please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 83/2014 AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN 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 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? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 83/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 84/2014 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) PRESIDENT SCHULMAN: Leader. 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. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -280- MINUTES OF THE MEETING APRIL 21, 2014 CLERK TIMBERLAKE: Eleven yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 84/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 85/2014 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) PRESIDENT SCHULMAN: Leader. 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 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 85/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 18 is adopted. Ordinance 19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 86/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE IN CONJUNCTION WITH THE CANTON PARK COMMISSION TO 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 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? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -281- MINUTES OF THE MEETING APRIL 21, 2014 CLERK TIMBERLAKE: Eleven yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 86/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance 20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 87/2014 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $46,957.31 TO BEAVER EXCAVATING; AND DECLARING THE SAME TO BE AN EMERGENCY 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? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 87/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 20 has been adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 88/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance 21. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -282- MINUTES OF THE MEETING APRIL 21, 2014 CLERK TIMBERLAKE: Eleven yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 88/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 21 is adopted. Ordinance 22 please. #22. (3rd RDG) RECONSIDERED & AMENDED AS ORDINANCE NO. 73/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President I move that we reconsider Ordinance #73/2014 adopted on April 14, 2014. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded that you reconsider Ordinance #73/2014 adopted on April 14, 2014. Are there any remarks? LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Members of Council the reason you are being asked to reconsidered this Ordinance and amend it is the same reason. And that is, last week this Council authorized an Ordinance allowing for the hiring eventually, subject to Civil Service and union considerations of 2 positions, Fair Housing Investigator and Education/Intake Specialist. As you, as you recall, we discussed how in Personnel Committee and other Committees these positions would only exist as long as the grant existed that funds them. These positions were only to exist as long as the money was there and we all agreed on that except that last week when the Ordinance was passed we noticed that we hadn’t put it in writing. So this is our attempt to put a footnote on the Exhibit to that Ordinance that now clearly states with an asterisks near each of those two positions that the funding for these positions will be provided by the 2013 Fair Housing Agency Partnership Grant. These positions be retained only as long as the grant funding is available. So when the grant funding is no longer available, the positions will be unfilled and remain so per this Ordinance. PRESIDENT SCHULMAN: Member.... LAW DIRECTOR MARTUCCIO: That is what you are being asked to do. Thank you. PRESIDENT SCHULMAN: Member Mack did you have any questions on that? MEMBER MACK: That was a very scholarly explanation by our Law Director and I thank him for that. PRESIDENT SCHULMAN: Thank you Member Mack. Anybody else like to comment on the scholarly presentation of our Law Director? Member Hart.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -283- MINUTES OF THE MEETING APRIL 21, 2014 MEMBER HART: We will not be responsible for any unemployment? PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you Mr. President, Member Hart. Member Hawk had asked this as well and I spoke with our experienced Human Resources attorney in our office who has dealt with these issues and the answer is, probably not have to pay unemployment. The reason we’re saying probably is, it’s knowing up front particularly now this is about to be in writing that these positions are limited in their duration. These are temporary positions. The people who apply for these positions and get them know that coming in. So if they are only in existence for the two years they’re supposed to be, it’s highly unlikely they will be awarded unemployment compensation, highly unlikely. However, if they are extended by another year or two that might change the equation a bit but again, our position would be going into those hearings in two years or three years that unemployment is not to be awarded when the person coming into it knew in advance in writing per official Ordinance that they were only to be temporary. Long answer to a short question. PRESIDENT SCHULMAN: Member Hart. MEMBER HART: Does that really say that. I mean, well the Ordinance really didn’t say that as amended. I, you know, I just want to make sure that there’s no question and ...(inaudible) ...they know when funding runs out it will be there and ...(inaudible). PRESIDENT SCHULMAN: Safety Director Perry did you want to say something? SAFETY DIRECTOR PERRY: Mr. President to the Councilman. When you fill out the paperwork for Bureau of Workers Comp it asks you, was the, has the assignment ended? And if the answer to the question is yes, so it would end because the grant money, it’s a temporary position. So therefore, that would make them ineligible for unemployment. If they were to let’s say be awarded unemployment the city still has the ability to appeal. And what that means is, Kris Bates has sat in on many of our appeal hearings. She’d be our attorney that would sit in there and she would state in the hearing that this individual would be ineligible for benefits because it was a grant funded, if you may say, position and those funds are no longer available. MEMBER WEST: Mr. Chairman. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: There’s a couple things that have confused me. One, it’s a temporary position but yet we’re putting it through Civil Service. I’d said a little bit about this before. And it going through Civil Service, they could also then bid to the next job which then would eliminate that correct? PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Mr. President, Member West. My understanding is Civil Service was involved in terms of designing an application process which involved interviews, primarily interviews. I believe the unions have declined to make these union positions because they are limited in duration so that eliminates the issue of bidding. PRESIDENT SCHULMAN: Any other questions?  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -284- MINUTES OF THE MEETING APRIL 21, 2014 MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you. I think as a point of clarity, as we all know when people are hired by the city they sign a lot of documents and a lot of agreements and we get them all in line and all fixed up and ready to go as they are ready to work for us. I feel it might be appropriate to have at the time of, we hire them, the statement, a simple statement saying it is a temporary job and would run out at a certain time and keep that in the file with it. I think that would strengthen attorney Bates’ position when it comes time the non-claim of compensation claim. I think that’d be beneficial to us. Thank you. PRESIDENT SCHULMAN: Thank you Member Hawk. Any other remarks? MEMBER MORRIS: Mr. Morris. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Yes, you know, the plant that I manage out in Massillon we hire temps all the time and once these folks make it to 26 weeks, they know they’re just temps but isn’t it kinda like, downright un- American to say thank you for 2 years of service and oh, by the way, you can’t draw unemployment cause we don’t need ya anymore. I mean, I think this conversation’s kind of rude. PRESIDENT SCHULMAN: Thank you Leader. Any other remarks? You’re on a motion for reconsideration so by voice vote, all those in favor to reconsider, say aye. Oh, sorry this is a roll call vote. CLERK TIMBERLAKE: Roll call, yes. PRESIDENT SCHULMAN: Thank you Madame Clerk. CLERK TIMBERLAKE: Welcome. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #73/2014 as amended. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 41 and 36, I move to reconsider and amend Ordinance No. 73/2014 by the substitution of the attached revised Exhibit A for the originally proposed Exhibit A. PRESIDENT SCHULMAN: OK, thank you. It’s been moved and seconded to adopt Ordinance #73/2014 as amended. Any there any other further remarks under this Ordinance as amended? Hearing none, Madame Clerk roll call vote please.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -285- MINUTES OF THE MEETING APRIL 21, 2014 NO REMARKS ROLL CALL 10 YEAS, 1 NAYS (MEMBER HAWK VOTED NAY) CLERK TIMBERLAKE: Ten yeas, one nay Mr. President. #22 RECONSIDERED & AMENDED AS ORDINANCE NO. 73/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries and Ordinance 22 is... CLERK TIMBERLAKE: Reconsidered and amended. PRESIDENT SCHULMAN: Is reconsidered and amended and adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now turning to Announcement of Committee Meetings. CLERK TIMBERLAKE: Committee Meetings. PRESIDENT SCHULMAN: Committee Meetings. Yes, Member Smith. MEMBER SMITH: We will meet, I just have a question. (Inaudible) CLERK TIMBERLAKE: Go ahead and call this for, these Committees for next week and then we’ll schedule the other one. MEMBER SMITH: OK. CD will meet, what’s that next date? The 28th... CLERK TIMBERLAKE: 28th. MEMBER SMITH: 28th at 6:15. PRESIDENT SCHULMAN: Thank you. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet same time, same place. I do have one question. Maybe I could be mistaken. Do we vote to amend the reconsideration? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: Yea, we, it’s a problem I think. When we voted to reconsider and then we voted to vote on it as amended. We didn’t have a motion to amend the reconsider. PRESIDENT SCHULMAN: Well let’s do a roll call vote on the Ordinance as amended. Voice vote according to  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -286- MINUTES OF THE MEETING APRIL 21, 2014 the Law Director. All those in favor on the amendment... MEMBER SMUCKLER: Mr., Mr., point of order. You can’t do that. You have to reconsider it again. CLERK TIMBERLAKE: Pull up the agenda listing. We’ve already, we reconsidered. The first vote was a reconsider of 73/2014 and the second one should have been reconsider and amend 73/2014. We always vote to reconsider it and then we vote to reconsider it as amended. PRESIDENT SCHULMAN: So now we’re just talking about reconsidering, a motion to reconsider and amend Ordinance 73/2014 period. CLERK TIMBERLAKE: Yes. PRESIDENT SCHULMAN: OK. And that should be by voice vote. MEMBER SMUCKLER: Mr., Mr. Chairman. PRESIDENT SCHULMAN: Yes Member Smuckler. MEMBER SMUCKLER: Once you vote and she announces the vote, it’s out of Council’s hands. It’s going to take a vote to reconsider and then to amend it and then to pass it again. PRESIDENT SCHULMAN: Leader. I suppose you might as well start over. MEMBER MORRIS: That’s what I said, mulligan. Mr. President I move we reconsider Ordinance #73/2014 adopted on April 14, 2014. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that Council reconsider Ordinance 73/2014 adopted on April 14, 2014. Any remarks? Hearing none Madame Clerk again, a roll call vote. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. And now Leader do we have a motion to reconsider and adopt Ordinance 73/2014. MEMBER SMUCKLER: Point of order. PRESIDENT SCHULMAN: To amend Ordinance 73...let’s start over. Leader. MEMBER MORRIS: Are we starting over? PRESIDENT SCHULMAN: No, no. Do I have a motion to amend Ordinance 73/2014? MEMBER MORRIS: I make a motion we amend #73/2014.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -287- MINUTES OF THE MEETING APRIL 21, 2014 MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend #73/2014 per the written amendment. Roll call vote please Madame Clerk. Let’s just do it right. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Do we have a motion to adopt 73/2014 as amended? MEMBER MORRIS: Mr. President I move we adopt Ordinance #73/2014 as amended. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 73/2014 as amended. Any remarks? Hearing none again, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 1 NAYS (MEMBER HAWK VOTED NAY) CLERK TIMBERLAKE: Ten yeas, one nay Mr. President. PRESIDENT SCHULMAN: Ordinance 73/2014 had been adopted as reconsidered and amended. (APPLAUSE) Thank you Chairman Mariol. Thank you Member Dougherty. Continuing on with Announcement of Committee Meetings. Is there any other. CLERK TIMBERLAKE: Yes. Judiciary, Public Safety and Thoroughfares and Finance please. PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: Judiciary will meet at the same time and same place. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Chairman West. MEMBER WEST: Public Safety and Thoroughfares will meet same time, same place. PRESIDENT SCHULMAN: Thank you. Is that it? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: OK, we turn to Miscellaneous Business. Is there any? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -288- MINUTES OF THE MEETING APRIL 21, 2014 MEMBER FISHER: Thank you sir. I wanted to take a minute to thank our Chief of Staff, Fonda Williams and especially our Safety Director, Andrea Perry for help on a long going problem we’ve had with some damage that was done to a property during a demolition and this has been going on since, since January and finally this week I think we’re bringing that to a conclusion. And it’s really, it’s been a lot of phone calls back and forth working with different departments but Director Perry and Director Williams, I wanted to thank you guys a lot because it’s been a, an ongoing issue and you guys really went above and beyond so thank you. PRESIDENT SCHULMAN: Thank you Member Fisher. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: I wanted to address Mr. Killins statement in reference to the 4 houses that were on 9th Street. Those houses, one of them have already been awarded and the other three are on the demolition list to be targeted to be torn down. So, they are aggressively going after the houses that you had passed around so I just wanted to make certain that you knew that. Thank you. And also I wanted to also congratulate Miss Woods and thank Cindy for diversifying City Council office. I think that’s a step in the right direction. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Any other? Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded that you adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas. PRESIDENT SCHULMAN: Thank you Madame Clerk. Drive carefully everybody. (Gavel falls) Council is adjourned. ADJOURNMENT TIME: 8:28 PM ATTEST: APRIL 24, 2014 APPROVED: APRIL 24, 2014 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT