City Council

COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -59- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Good evening ladies and gentleman. Welcome to Canton City Council. Before we get underway this evening, our friend, Lee Cote, came up and reminded me, because I had seen it on Facebook today, that one of our members has a milestone birthday, I believe tomorrow. He’s been actively involved in city government for many years and is a great public servant, and he’s also 78 years old. (Laughter). It’s hard to believe. No, Member Smuckler is celebrating his 60th birthday tomorrow. Happy birthday, and many healthy and happy! (Applause). Lee, I think we’ll do without the birthday song. I went through that and I know Bill doesn’t feel like celebrating, particularly. With a quorum being present, the Chair does calls this meeting of Canton City Council to order. Roll call, please. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JAMES 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 good friend, Ward 5 Council Member, Kevin Fisher. If you’ll all stand and remain standing, please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on February 9, 2015 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 Kevin Fisher, Ward 5 Council Member. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re under Agenda Corrections and Changes. Leader Morris. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #7 through and including #14. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add 2nd Reading Ordinances 7 through 14, to this evening’s agenda. Any remarks? Hearing none, Madame Clerk, roll call, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PUBLIC HEARINGS PRESIDENT SCHULMAN: Thank you Madame clerk. Rule 22A is suspended and the Ordinances are a legal part of your Agenda. We now turn to Public Hearings and we have none this evening.  COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -60- MINUTES OF THE MEETING FEBRUARY 9, 2015 OLD BUSINESS PRESIDENT SCHULMAN: Moving onto Old Business, the Mayor is...Deputy Mayor, Fonda Williams has told me there is no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning to Public Speaks. We have 2 public speakers tonight. Both of whom have spoken previously. Our first speaker is Henry Preston. Mr. Preston, good evening. Welcome, as always, to Canton City Council. If you’ll give us your name and your residential address, please. HENRY PRESTON: Good evening. My name is Henry Preston. I live at 326 31st St. NW, Canton. On January 13th of this year, AT&T had a massive equipment failure here in Northeast Ohio, originating in the downtown Akron location. This particular equipment communications failure caused numerous anomalies, effecting the AT&T communications equipment here in Canton and in many other different locations in the United States. AT&T’s broken steam pipe explanation doesn’t really explain anything, exactly what caused it or what they’re going to do. The 911 communications anomaly failures of the 13th, to date, has not been explained either by inside AT&T or any other person working at the 911 call centers in Stark County. 911's communication failures are neither rare or uncommon these days. They can be caused by any number of things. October 2014, Colbert County, Alabama experienced a 911 complete outage due to an F1 tornado. July, 2013, three counties in Oklahoma experience 911 outages. The problem was a fiberoptic cable was cut by a third party contractor. In October 2013, Stark County’s 911 emergency phone system was down for approximately a half to three and a half hours, depending upon who you talked to. An AT&T analysis at that time, determined the problem was caused by a system hardware failure. There have been many AT& T failures in the last ten to fifteen years. Ever since the Bell system was broken up. And what has happened is those people that were there, many of them have left, the equipment has changed, so the expertise in your AT&T centers is no longer there. From the 2014 (Inaudible) Center’s report, Dean McKimm thinks that it’s great to go have the next generation 911 equipment. Well, to me, it’s very foolish to design a 911 call center, specifically exclusively with AT&T equipment. Director Perry had mentioned that Canton is working on other alternatives to alleviate being dependent on one system, and I think that’s good. So, the point of my conversation is, I think this Council needs to have a meeting with Director Perry once a month to see what the progress is on how we’re going to...how Canton is going to improve, so they can be a part of the process. Thank you. PRESIDENT SCHULMAN: Thank you very much, Mr. Preston. It’s obviously a very important concern you expressed. Our next speaker is Pete DiGiacomo. Mr. DiGiacomo, as always welcome. If you’ll come forward and give us your name and your residential address, please. PETE DIGIACOMO: My name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. I apologize for the spelling of “sanatation”. CLERK TIMBERLAKE: I caught that. PETE DIGIACOMO: See...I knew...yes, I knew that she would catch it. (Laughter). I want to thank Councilman Hawk for bringing up about the sanitation, where he was scolded by Councilman Hart, for not talking...that wasn’t what they were talking about at the time. So, I thought I would bring it up here at Public Speaks. Yes, I’ve had my dealings with the Canton Sanitation Department, also. With trash...they throw the bags. If it makes it in the back, you get 2 points. (Laughter). If it lands in the back and falls in the street, you  COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -61- MINUTES OF THE MEETING FEBRUARY 9, 2015 only get 1 point, and you get to go out in the morning and pick up the trash. I realize it’s not a glamour job or anything like that. I believe they’re paid very well for it, and the last time it happened at my house, I called the Sanitation Department. My trash barrels...er, cans are in the back of my house. I haul them around to the front of the house so it’s easier for them. All they got to do is pick it up, throw it in, and be done with it. If it continues, I’ll call the Sanitation Department, he’s gone, and let them know where they can come get my trash and they can take it around the front. The other thing would be the trash cans and the trash lids. They don’t have to be that careful with them. They’re plastic or nylon. But when I see them like frisbees flying...and then they’re out in the street and the cars run over them, I don’t like that either. It’s just...do the job to the best of your ability. That’s all. Thank you and thank you Councilman Hart...Hawk. PRESIDENT SCHULMAN. Thank you, Mr. DiGiacomo. (Applause). I would just say...the Sanitation Department is not only not glamorous, it is very, very difficult. And I think, by and large, our sanitation employees do a pretty good job. It’s a tough, tough job. In all weather, all climate. I don’t disagree though, with what you’re saying, but I think we should give them a little more credit. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions. Madame Clerk would you please read Informal Resolution #3, by title. #3. COUNCIL MEMBER DOUGHERTY, WARD 6: SUPPORTING WELLNESS VILLAGE (ELDERLY HOUSING DEV AT 3055 MAHONING RD NE). - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #3. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 3. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #3 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The Motion carries. I’m going to exercise the Chair’s prerogative. I’m going to go to the Personnel 5, 6, 7, 8, and 9 first. So, Madame Clerk, would you go to Informal Resolution 5. #5. PERSONNEL COMMITTEE: RE-APPOINT MAUREEN AUSTIN TO THE CANTON TREE COMMISSION FOR TIME FRAME OF 3/1/15 TO 2/28/17 TERM. - ADOPTED PRESIDENT SCHULMAN: You want to just go through 6, 7, 8, and 9, and we’ll just consolidate them. CLERK TIMBERLAKE: Yes. #6, #7, #8, #9 (Consolidated). PERSONNEL COMMITTEE: RE-APPOINT JOHN STONE, RE- APPOINT REMEL MOORE, RE-APPOINT PATRICIA KIRK, RE-APPOINT PATRICIA KIRK, RE-  COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -62- MINUTES OF THE MEETING FEBRUARY 9, 2015 APPOINT LOIS, FROM 3/1/2015 TO 2/28/16. - ADOPTED PRESIDENT SCHULMAN: Is that all of them? CLERK TIMBERLAKE: Yes. LAW DIRECTOR MARTUCCIO: Some are different terms... PRESIDENT SCHULMAN: ...And some have, obviously, different terms. CLERK TIMBERLAKE: Oh, I’m sorry. PRESIDENT SCHULMAN: That’s alright. Leader. MEMBER MORRIS: Did we go through all? Okay. Mr. President, I move we adopt Informal Resolutions 5, 6, 7, 8, and 9. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolutions 5 through 9. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTIONS #5, #6, #7, #8, and #9 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. And we now go back to Informal Resolution #4. 4. COUNCIL MEMBERS: WARD 1 - GREG HAWK, WARD 2 - THOMAS WEST, WARD 7 - JOHN MARIOL, WARD 8 - EDMOND MACK, AT-LARGE COUN - RICHARD HART, AT-LARGE COUN - BILL SMUCKLER, COUNCIL PRES - ALLEN SCHULMAN: SUPPORTING ENHANCEMENT OF MARKET SQUARE. - ADOPTED PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #4. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 4. Any remarks under this Resolution? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: For the record, I want to say that I definitely support any development in downtown. I COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -63- MINUTES OF THE MEETING FEBRUARY 9, 2015 really do. In this particular case, if we would drop in the amount of $2,000,000.00, I could support this, okay. But I am not publicly going on the record to say that I’m going to spend $2,000,000.00 on Market Square, without a rock solid plan. We have no idea of what the concept is going to be on the Square. We are laying the foundation for something that could be really wonderful and I buy into that. I just am not ready to publicly commit $2,000,000.00 to something that does not have a plan. Especially considering the fact that we have a lot more pressing issues that we could allocate $2,000,000.00 for at this time. Thank you. And also...I’d like a roll call vote on this one, if I could have it. PRESIDENT SCHULMAN: Alright. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. Member Mariol. MEMBER MARIOL: What this Informal Resolution does is establishes a consensus on this Council, if a majority of us would like to explore what the development of Market Square could look like. One of the reasons why we don’t have a plan, is because, until we can establish if this Council wants to go in this direction, I don’t think it would be wise for the City to spend money on getting proposals for this. Now, we had a presentation a couple weeks ago that showed conceptual ideas of possibilities that could happen on this site. It was to give a visual of potential investment of what it could look like. But what this Informal Resolution does, and the reason why it’s an Informal Resolution, it’s done by design...is to baby step into this. To establish a consensus, and to explore what the possibilities of investing in Market Square could look like. Now the $2,000,000.00 number, I think that’s important to have in their because it puts a cap of what the City would invest. And, in now way...and maybe Law Director Martuccio can speak to this more, this does not spend any money. This is does not establish a fund. This puts a cap on what this City is willing to invest in Market Square and it starts the process of being able to see what proposals would look like for development of this Square. This is also on the top of the list of things that the Consultant that we hired to give us a roadmap of how to turn this city around, has recommended for our downtown area. So, we talk a lot about having plans, not following them. He’s done a downtown Master Plan. This is on that, and I think that it’s worth exploring what possibilities could look like. When...with this passing, when these proposals come in, if this Council, this body does not like the proposals, then by all means, vote no. But tonight, what this does is this says, we have an open mind to what the potential development could look like. We’re willing to explore it, we want to follow a plan that this consultant has laid out for us, and it gets the ball rolling. So, Law Director Martuccio, can you speak a little bit to the $2,000,000.00 concern Leader Morris has? PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. Yes, Member Mariol. Majority Leader and all Members of Council. As you know, the Informal Resolution is an expression of your collective intent. If seven or more of you agree to it, then we know a majority of Council intends to do it. And to borrow the phrase that you used, Member Mariol, this Resolution is a roadmap. It tells us, in the Law Department, if it passes, this is what we want you to do, in these steps. First we want you to take this step, then this step, then this step. As far as the $2,000,000.00 goes, it cannot exceed that because that’s what written in there now. If it would make Council feel more comfortable, it could be amended to say, “Not to exceed $2,000,000.00", or “In a cap amount of $2,000,000.00". If that would make Council feel more comfortable, under Rule 36, I believe, COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -64- MINUTES OF THE MEETING FEBRUARY 9, 2015 an oral motion could accomplish that, since this is an Informal Resolution. I hope I answered your question. Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: You know, I think this is one thing...this goes back to where we named Market Square, where this Council said let’s do something significant down there in Market Square. It even goes further, back 10-12 years ago, when I came on this Council, when we tore down Kresge building. I mean, it goes back that far. And, we talked about bringing economic development to that Square. That Square is a focal point of the City and should be. Every City has a Square, and we need to make that Square bright and beautiful. And let me say this, downtown is a neighborhood. There is hundreds of people that live on 4th Street and the 5th Street building. People are moving down here everyday. That’s their neighborhood. Let’s not get it twisted. People live down here everyday and there’s people that come from all over the City to downtown, everyday. This is a community project and we really should put our foot forward. Our best foot forward. And I would ask every Council Member to support this piece of legislation. Thank you. PRESIDENT SCHULMAN: Thank you Member West. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: Yes, Mr. President. I’m a little confused. If I’m not mistaken, does the Art District play a part of this also? Is that included in this plan for the Kresge Lot? PRESIDENT SCHULMAN: Maybe. MEMBER SMITH: Oh... MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Member Mariol: MEMBER MARIOL: Maybe Member West would like to speak to this. Uh...I would assume that just being that they are a major player in the downtown area, that we would want as many partners as we can get. That they might have funds that can go towards this project that takes some of the burden off the City. And that is one part of this that we want to be able to receive donations from different foundations, non-profits, to help with the burden the City is carrying. So, I think any player in the City, should be a part of this. PRESIDENT SCHULMAN: Member Smith: MEMBER SMITH: Well, okay then...Mr. President, I cannot support this at this time, and I’ll tell you, $2,000,000.00 is a lot of money (Inaudible) for the Downtown Project, where there is so much other needs in the neighborhoods. I will not be supporting this.  COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -65- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Thank you Member Smith. Member Hart. MEMBER HART: The devil’s in the details is what the Law Director once told me when we were talking about recycling. And, you know, again, it’s important that we have a, again, you watch that grandchild take that first step and how excited you are as a grandparent, and to me, that’s all this is. It’s the first step. Nothing’s gotta be in stone, but I can remember years ago down at Lathrop, we would, Minnie Hopkins, we did (Inaudible), Is a neighborhood handicapped facility. You establish...you know, you take those first steps, you get people on board whether it’s the Arts District, whether it’s the Foundation. You know, the City does not have to bear the total expense of whatever that may be because it’s going to be a community facility for the community, for the betterment of the downtown residents. Again, it may not happen in the next thirty days, but I know Member Dougherty, with having...what’s happened down in his Ward with, as I’m having my senior moment here, with the old Mahoning Road Plaza...thank you...it’s sun from vacation! You know that took years to get that done but it’s been a huge improvement in that area, and that’s all this will be. It’s not going to happen in the next sixty days, but looking at it over the long run, it’ll be a boost for the community. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER DOUGHERTY: By putting $2,000,000.00 price tag on this, that’s not taking baby steps, I’m sorry. And you know, Public Property Capital Improvement Committee, the majority of the Committee Members aren’t in favor of this, but that doesn’t seem to matter. So, I’m a little upset about that. We need to be careful. You know, I had Members here giving me courtesy calls that we’re going to take this out of your Ward and that out of your Ward because we need paving. We need this $60,000.00 here, you’re not going to get this, you’re not going to get that because we need paving. Does everybody think paving’s not going to be a problem when the sun comes out in the spring? Are you kidding me? I used to get eight to ten streets done in my Ward, a year. And so did everybody else. You’re lucky to get two now. Where do you think we’re heading with this? If we want to continue...and I called (Inaudible) office, I’m the only one at that particular time, that had called up there and asked questions about this. What’s falling off, what’s not? So, I have a concern about that. We get seven names on here and then everybody stops talking to everybody. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: I was one of the people that voted against the $350,000.00 for the consultant to tell us what to do, but I lost, so it’s time to move on. The consultant said this is one of the projects we need to make this go. I’m for it. I’m going to do what the consultant wants to do, if I spent $350,000.00 to listen to him. Now this is the problem we’ve got. We do these consultant projects, throw it on the shelf, and then forget it. Now either we’re following what these people say to do, or move on. But I, for one, want to do paving. I want to do it out of Capital Improvement and I think selling bonds that will end up outliving the streets is not the way to go. We used to do Capital Improvements for paving in here. Now, it become a...help...now it’s become a addendum to the general fund for salaries. Spend the money where it should be spent. Years ago, we spent a little money downtown. About $4,000,000.00 to redo Market Avenue North. Made a tremendous difference. We’ve done a lot of neighborhood projects over the last few years, where we’ve leveraged money with it. Again, I lost, but it’s time for me to move on. Support the consultant, do what he suggested to do. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -66- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Thank you Member Smuckler. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Just a quick clarification. That $350,000.00 was spent. We haven’t seen that report yet. So, that report isn’t even here yet. So... MEMBER WEST: Mr. President... MEMBER SMUCKLER: Point of Information, Mr. President. PRESIDENT SCHULMAN: Member Smuckler: MEMBER SMUCKLER: That Downtown Development Report was delivered to us, with that in it. And it was handed off to us the day that we passed that. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: That didn’t have anything to do with the $350,000.00. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Well, the Downtown Plan was presented to us prior to us passing the $350,000.00. This does not...let me say this right. We all know and we all supported the Hall of Fame Project. We supported that project and we said that this is the way to go for the future. For the Hall of Fame District. I remember when we talked about building, er, they were building the new homes up there at the golf course in the 4th Ward, and we supported those projects. I remember when they were talking about the Mahoning Road Corridor Project, and the monies that went there. I remember when we talked about tearing down Summit and we built houses there because that was a special project. All of these different projects were significant and made our city better. We are asking to improve the downtown core, and this is the Market Square Project. And this will save money, this will bring economic development to downtown. This will bring economic to our city. You look at Lock 3, they have a lot of activity going on there and people come from Canton to go to Akron to see shows in Akron. And when they’re there, they stop at their stores, they stop at their gas stations. Matter of fact, some of the younger people are even moving down there. Why? Because they’ve got activity. We’re looking to bring young people in downtown Canton. We’re looking to bring those people that are living in the suburbs into downtown Canton. John is pushing this so hard because John is a young adult. A young man, excuse me. (Laughter). Yeah, I feel like he’s a young adult based on my age, but he is and he’s saying, “Hey guys, we gotta get this right for the young people to come downtown”. That’s what he’s telling you all. And we really do need to do something. We need to make a splash in downtown before that Hall of Fame event comes about. We need to make downtown happen, so that downtown becomes a destination place, not just the Hall of Fame. It becomes a connecting point to that project. So let’s support this. Let’s move forward and let’s get this behind us. Thank you. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -67- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Thank you, Member West. Member Griffin. MEMBER GRIFFIN: Mr. President. When I came here this evening, I was undecided which way to go. From what I’ve heard tonight, I’m gonna lean for it because it only...the Resolution is to open it up and to evaluate the situation. We aren’t spending the $2,000,000.00 right now. We have something to look forward to and like the downtown, we’ve done already, it has improved it and I’m going to vote for it. PRESIDENT SCHULMAN: Thank you Member Griffin. Any other remarks? Member Hart. MEMBER HART: I guess, just one thing. Sometimes the sad commentary for any municipality, we hire consultants and this should be a matter of logic...(Inaudible). To tell us what there should be no question. This is an opportunity that will benefit the downtown and the community in general. PRESIDENT SCHULMAN: Thank you, Member Hart. Member Smith. MEMBER SMITH: Yes, Mr. President. I’ve just got one other thing to say. I’ve attended those Comprehensive Plan meetings, and Deputy Mayor can tell you (Inaudible). In those meetings where they talked about the downtown, the Fulton Road Corridor, and the Hall of Fame. I, for one, stood up and said, what about the residents (Inaudible)? Spending that money, yes, I’ll vote for it, and I (Inaudible). We need input for that, because basically...(Inaudible). Downtown is what we talked about. The Fulton Road Corridor and the Hall of Fame. PRESIDENT SCHULMAN: Thank you, Member Smith. Member Hawk. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. I obviously support this, I’m one of the sponsors on it, and I think it’s a very good project. We started on our downtown during the Watkins Administration, and made a major turn-around. Even Mr. President invested considerable money in a building in downtown, you understand how far we’ve come and how far we’ve come forward with all of this. We need to continue it. The Hall of Fame is going to be a wonderful project. It’s really going to enhance our city. And I said earlier, if we miss this opportunity, we may as well just hold up the sidewalks and go home because the Hall of Fame and this will bring growth to our downtown and growth to our City. We’ll bring in money. People will be spending money, we’ll have residents coming into our city and living. I had a very interesting lunch last Saturday afternoon with Mr. Warren Price, who’s now the City Manager in Dayton, Ohio. He made an interesting comment and you see this...(Inaudible). Akron and Cleveland to (Inaudible). Dayton is now finding that the prices of housing in the suburbs is beginning to level off and drop, where inner city housing is now being picked up and beginning to come forward. People are wanting to come closer to town. They’re bringing money, they’re bringing disposable income, which will enhance everybody. That will lead to jobs. This is not an expenditure, this is an investment in our community. And it’s very important that we continue to properly invest money in order that we grow. If we don’t grow, we’re not going to go anywhere at all. We have a great opportunity here and it’s time to seize it. This is part of finishing up what we started downtown, making the Hall of Fame Project work, and bringing young people to the downtown area. Akron, Ohio...we knocked them and made fun of them years ago when they started building new housing in downtown. It worked for them. They put in $1,000,000.00...they put in a million dollar condo on the top of one of their apartments. Everybody laughed. They guy had to put a second one in because he sold two, one million dollar condos. So, it’s pretty...I COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -68- MINUTES OF THE MEETING FEBRUARY 9, 2015 was part of that back about 7 or 8 years ago when I was attending some meetings with the folks that developed that area. The Lock 3 system in downtown Akron draws a ton of people. They’ve opened a nice skating rink. People come from Canton, Ohio to go up there to ice skate. We have a rink that we’re not utilizing. We need to put that back in service. We need to begin attracting people to our downtown area. It’s safe, it’s secure, and it will bring money and make things prosper. PRESIDENT SCHULMAN: Thank you, Member Hawk. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Mr. Dougherty MEMBER DOUGHERTY: We gotta have good roads for them to get downtown. PRESIDENT SCHULMAN: Any other comments? MEMBER MORRIS: Mr. President, if I may? PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: You know there’s a...listen...I get the value of this and I said that I support the concept. The Law Director clearly pointed out this is a roadmap directing the Law Department, future legislation. I’ve said it once, I’ll say it again. Take off the $2,000,000.00 clause you got in here, you’ve got my support. But we keep talking about, “well in years passed we sold bonds to repair the roads”. Well, we can’t do that. We can’t sell bonds to repair the roads because by the time we pay the bonds off, we’re not going to have any money to fix the other roads, and I get that. And I’m fine with that. But now we’re going to sell bonds and we’re going to max out our credit. We’re going to take ourselves back up to that $17,000,000.00 again. Where is the payment coming from? Payment’s coming out of Capital. Which means what? We have less money to pave roads. Now, unless we’re going to find every young individual making between $60 and $80,000.00, and unless we’re going to go out and buy them all Hummers so they can make it from Akron to downtown Canton through our roads, unless we’re going to do something like that, then this is a great idea. But we keep bringing up downtown Akron. They have a stadium down there. People leave the stadium. They have a University downtown. We’re comparing ourselves to a city that has all the things that we don’t have. So, we’re not even comparing apples and oranges. Yes, you’re right, we need to do something with Market Square. I support that. $2,000,000.00? You can’t tell me it’s going to cost $2,000,000.00. You haven’t shown me a plan and I can’t support it until somebody shows me a plan and gives me an exact, damn, dollar amount of what’s going to be spent. Thank you. PRESIDENT SCHULMAN: Thank you, Leader. Any other remarks? Since I’m...my name is on here, and I don’t think I’m going to have to cast the deciding vote, I would like to just make some comments. I agree with the Leader, and I agree with Assistant Majority Smith, and I agree with Member Dougherty, and I’ve talked to Member Fisher and I know what he thinks, and I don’t disagree with him. I’m not sure that this is mutually exclusive. I don’t think this is an either or proposition. I think we can improve our neighborhoods. I think we can pave our roads. And I think we can spend bond money to improve the center city of our...the core of our urban area. Every urban planner, every urban planner in the United States, who are professionals and who are trained, and who have studied cities and understand the demographics of cities, and understand how people  COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -69- MINUTES OF THE MEETING FEBRUARY 9, 2015 move and what’s needed for cities to rebuild and to grown, will tell you, categorically, that if you have a decaying center city, if you’re center city is not the attraction that it should be, all your neighborhoods will fail. It’s that simply. We could spend $100,000,000.00 on every single neighborhood in this city, and if we allow our central city to decay and decline, those neighborhoods will never flourish. It’s just a fact of urban life. Cleveland, which is certainly a city of diversity, they have spent $8,000,000,000.00 in their downtown center city. And I sent each of you a New York Times article, which I know you’ve read, which indicates that the lack of growth in the population of Cleveland resulted in Cleveland’s neighborhoods and Cleveland’s center city decaying growth. There was an understanding within the last ten years, and certainly recently, that you have to spend money in your central city in order to improve the entire city. That is the point. We have a Hall of Fame Project that is going to be an absolute, in Member West’s terms, a game changer. That project could legitimately spend upwards of half a billion dollars. If we don’t connect the Hall of Fame Village with our downtown area, we will suck the oxygen out of, not only downtown, but every neighborhood in the City of Canton. It’s that simple. That’s what urban planners will tell you. That’s what our urban planner has told you. I understand Member Dougherty said that the urban plan that was presented for downtown was not paid for our of the $350,000.00, and Member Dougherty is correct; however, we have since received a letter from the consultant that we did pay $350,000.00 to, who agrees with this project, and who says it is absolutely imperative that this project be undertaken in our center city. I would just like to remind you that our foundations in this community have upwards of one billion dollars in assets. They spend millions, millions in contributions back to this community, back to the city, all of the city. And we all know that because all of your constituents have benefitted from it. The Foundations are very interested in this. They have seen you as a Council, put $2,000,000.00 into the Onesto lofts, $5,000,000.00 into the Hall of Fame Project. Perhaps another $2,000,000.00 downtown. That expenditure of money has not gone unnoticed by the Foundations. They are willing to leverage, in my judgment, they are willing to leverage whatever we spend on this project to help the entire city. It’s not just the City of Canton that has to shoulder this responsibility. It’s everyone who lives here. And I get what the Leader is saying and Majority Leader Smith is saying about the roads. Yeah, they’re deplorable, they’re awful, I agree. But to take, as Member Smuckler said, any amount of considerable bond money, which is limited, and spend it on a roadway that is going to need to be repaired in two years, is just not very good financial planning. I think we would all agree with that. It’s like putting brand new carpeting in a home that has no roof. It may look nice, but after a winter and after a summer, you’re going to have to replace the carpet again, and you’ve already spent all your money. So, I am a strong supporter of this, but I understand entirely what the Members who have expressed reservations are saying. But, it’s a fact of the matter folks, that this city has got to move forward. The neighborhoods are not doing well. We have the potential here to leverage what limited amounts of money we have to make something great for the entire city. And finally, again, the urban planners will tell you, when you have a strong, vibrant center city, you have strong, vibrant neighborhoods. And that’s why I’m supporting this, and if necessary, I’ll cast the deciding vote. Not that it makes any difference because this is really a Resolution that is hopeful, aspirational. It’s not binding anyone. But why don’t we all at least come on board and say yeah, we do believe this is important, and this should be done. In any case, any other remarks? MEMBER HAWK: Mr. President, real quick. PRESIDENT SCHULMAN; Member Hawk. I concur with what you’re saying. Let’s look at some real numbers. Currently right now, the Public Property and Capital Improvement Fund is being utilized to about $2,200,000.00 for personnel use. It’s something that was never intended to be done with it, but it is, it’s happened. We have set aside the past several years, money hovering around $500,000.00 a year to handle paving. Last year the citizens of Canton were gracious enough to give us a park levy. That park levy will COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -70- MINUTES OF THE MEETING FEBRUARY 9, 2015 generate, I’ve heard anywhere between $3,500,000.00 to $4,000,000.00, so let’s call it $3,200,000.00 and be reasonable. That is new money coming in. In the same time, the General Fund used to pay $1,200,000.00 to maintain the parks, so we immediately freed up $1,200,000.00 of General Fund money that can be utilized for other things. This is a very affordable piece of project and can be done very expediently and will be an investment in the community, but you have to look at real numbers to come up with those things. PRESIDENT SCHULMAN: Thank you, Member Hawk. Any other remarks? Hearing none...have I heard a motion to roll call vote? Alright. Roll call vote, please, Madame clerk. NO REMARKS ROLL CALL 7 YEAS, 5 NAYS (MEMBERS MORRIS, SMITH, BABCOCK, FISHER & DOUGHERTY VOTED NAY) PRESIDENT SCHULMAN: The Informal Resolution is adopted. Thank you. COMMUNICATIONS PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED FEBRUARY 9, 2015. 44. AUDITOR MALLONN: MONTHLY REPORT BY FUND FOR 1/1/15 THRU 1/30/15. - RECEIVED & FILED 45. CANTON PARKS: 2014 ANNUAL REPORT. - RECEIVED & FILED 46. HEALTH COMMISSIONER ADAMS: REQUEST TO WITHDRAW COM #18 FR 1/26/15 AGENDA. - RECEIVED & FILED 47. LAW DIRECTOR MARTUCCIO: AMEND APPROP O#266/2014 TO MAKE $20,000.00 SUPP APPROP FROM UNENCUMBERED BAL OF 1105 POLICE SETTLEMENT FUND TO 1105 753001 LAW DEPT ADMIN. - FINANCE COMMITTEE 48. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO DONATE 10 ROAD SIGNS NO LONGER NEEDED FOR MUNICIPAL PURPOSES TO ARTSINSTARK. - FINANCE COMMITTEE 49. SERVICE DIRECTOR BARTOS: RATIFY INFLUENT SCREW PUMP REPAIRS IN THE AMT OF $56,480.00 PURSUANT TO SECTION 105.04 OF THE CANTON CODIFIED ORDINANCES; AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $47,122.00 TO E&M LIBERTY WELDING; AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $9,358.00 TO WORKMAN INDUSTRIAL SERVS, INC.; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -71- MINUTES OF THE MEETING FEBRUARY 9, 2015 50. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO $898,050.00 CONTRACT MODIFICATION #2 WITH ARCADIS US, INC. FOR NEXT WORK PHASE ON SANITARY SEWER MODEL; MAKE $898,050.00 APPROP FROM UNAPPROP BAL OF 5410 (SANITARY SEWER OPERATING) TO 5410-202081 (SANITARY SEWER OPERATING - SEWER MAPPING/MODELING PROJ, G.P. 1130); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 51. TREASURER PEREZ: RECEIPT OF DEPOSITS AND PAY INS FOR JAN. 2015 FOR AMBULANCE LOCK BOX. - RECEIVED & FILED 52. TREASURER PEREZ: RECEIPT OF DEPOSITS AND PAY INS FOR JAN. 2015 FOR PARKING METER REVENUE. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for their First Reading. Madame Clerk, would 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 (ORDINANCE #6 ADOPTED ON 1ST READING): #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($30,000.00 SUPP APPROP FROM UNAPPROP BAL OF 4501 CAPITAL PROJ FUND TO 4501 753001 LAW DEPT - OTHER) Referred to Public Property Capital Improvement Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH MINNESOTA LIFE INSURANCE COMPANY FOR LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE FOR ELIGIBLE CITY EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A TOTAL AMOUNT NOT TO EXCEED $7,775.00 TO C.R.S. CONTRACTING COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY (DEMO OF PROP AT 706 MCKINLEY AVE SW DUE TO FIRE) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH T.A.C. COMPUTER, INC. FOR CAD/RMS/JMS/MDT/FBR SUPPORT AND MAINTENANCE FOR THE SAFETY FORCES IN AN AMOUNT NOT TO EXCEED $28,000.00 AND TO ENTER INTO TWO (2) ADDITIONAL ONE-YEAR COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -72- MINUTES OF THE MEETING FEBRUARY 9, 2015 RENEWALS IN AN AMOUNT NOT TO EXCEED $21,000.00 ANNUALLY IF MUTUALLY AGREED UPON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY AN AMOUNT NOT TO EXCEED $277.50 TO CONLEY’S SERVICE FOR TOWING SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY (MONTH OF DEC 2014) Referred to Finance Committee (COUNCIL RECESSED AT 8:15 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #6; RECONVENED AT 8:17 PM) #6. (1ST RDG) ADOPTED AS ORDINANCE 20/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO AMEND THE GEORGETOWN ROAD COOPERATIVE ECONOMIC DEVELOPMENT AND ANNEXATION AGREEMENTS TO INCLUDE THE WATER RECLAMATION FACILITY ANNEXATION AREA; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee PRESIDENT SCHULMAN: At this time the Chair would declare an in-house recess for the Annexation Committee to meet in regard to Ordinance #6 on your Agenda this evening. You’re now in recess. Chairman. (RECESS) PRESIDENT SCHULMAN: Council will now reconvene after it’s recess. Thank you Chairman West. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinance 6 back on this evening’s agenda. MEMBER SMITH. Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to place Ordinance 6 back on this evening’s agenda. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and Ordinance 6 is a legal part of your agenda. Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules on Ordinance #6. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -73- MINUTES OF THE MEETING FEBRUARY 9, 2015 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance #6. 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: Motion carries. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #6. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 6. 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. #6 ADOPTED AS ORDINANCE NO. 20/2015 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and Ordinance #6 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the Second Reading. Madame Clerk, would you please begin with Ordinance 7. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #7 THROUGH #14 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL NO. 239677) #8. (2ND RDG) AN ORDINANCE AUTHORIZING AMENDED APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,106,440.15 SUPP APPROP FROM UNAPPROP BAL OF 2212 DEMO FUND TO 2212 506002 DEMO - OTHER) COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -74- MINUTES OF THE MEETING FEBRUARY 9, 2015 #9. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 4303 And 4304; AND DECLARING THE SAME TO BE AN EMERGENCY (CONLEY’S SERVICE - WARD 2) #10. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE DEDICATION PLAT OF PART OF HARMONT AVENUE N.E.; APPROVING AND ACCEPTING THE REPLATTING OF OUT LOT 806, LOT 37249, LOT 37250 AND LOT 37251; AND DECLARING THE SAME TO BE AN EMERGENCY (HARMONT AVENUE NE - WARD 6) #11. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR MANAGEMENT AND NON- BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ENGINEER - 2 POSITIONS; SANITARY SEWER ENGINEER, WATER REC FACILITIES ENGINEER, WATER DEPT ENGINEER, WATER REC FACILITY ASST SUPERINTENDENT AND WATER DEPT ASST SUPERINTENDENT - FROM GRADE 4 TO GRADE 3) #12. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (SANITATION DEPT - 58 UTILITY OPERATOR 3s, WASTE COLLECTORS AND UTILITY PERSON 1s) #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF VARIOUS VEHICLES; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO STATE COOPERATIVE PURCHASING AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY (2 PICKUP TRUCKS, 2 CARGO VANS, AND 1 CAB AND CHASSIS CUTAWAY VAN) #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR PROFESSIONAL SERVICES CONTRACT WITH CDW - GOVERNMENT, INC. FOR IBM SERVER MAINTENANCE IN AN AMOUNT NOT TO EXCEED $21,716.53, IN ACCORDANCE WITH CANTON CODIFIED ORDINANCE SECTION 105.10; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. 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. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -75- MINUTES OF THE MEETING FEBRUARY 9, 2015 #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 21/2015 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE WATER RECLAMATION FACILITY ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15, 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. #15 ADOPTED AS ORDINANCE NO. 21/2015 PRESIDENT SCHULMAN: Ordinance 15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 22/2015 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO RENEW OUR CONTRACT WITH HYLANT ADMINISTRATIVE SERVICES, LLC IN AN AMOUNT NOT TO EXCEED $164,255.00 FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY AND EMPLOYEE BENEFITS LIABILITY INSURANCE AND CYBER LIABILITY INSURANCE AND DECLARING THE SAME TO BE AN EMERGENCY(RETROACTIVE TO 1-1-15 THRU 12-31-15) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16, 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. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -76- MINUTES OF THE MEETING FEBRUARY 9, 2015 #16 ADOPTED AS ORDINANCE NO. 22/2015 PRESIDENT SCHULMAN: Ordinance 16 is adopted. Ordinance 17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 23/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A ONE-YEAR CONTRACT, WITH THE OPTION OF TWO ONE-YEAR RENEWALS FOR THE EVALUATION OF WATER DISTRIBUTION VALVES; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($395,000.00 SUPP APPROP FROM UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 75812 WATER DISTRIBUTION - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17, any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 23/2015 PRESIDENT SCHULMAN: Ordinance 17 has been adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 24/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE FAIRCREST STREET SW WATER MAIN PROJECT; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES, RECEIVE A ZERO PERCENT LOAN IN THE AMOUNT OF $1,323,598.00 FROM THE OPWC; PURCHASE EASEMENT AND MAKE PAYMENT TO SYSTEM CAPITAL REAL PROPERTY CORPORATION; AUTHORIZING THE AUDITOR TO ESTABLISH SEPARATE FUNDS FOR THE PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,323,598.00 SUPP APPROP FROM 5229 UNAPPROP BAL OF THE FAIRCREST STREET SW WATER MAIN PROJECT FUND TO 5229 207031 FAIRCREST STREET SW WATER MAIN PROJECT - OTHER; $330,000.00 SUPP APPROP FROM 5201 UNAPPROP BAL OF THE WATER FUND TO 5201 207031 FAIRCREST STREET SW WATER MAIN PROJECT - OTHER) COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -77- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Section 4 of Agenda Item No. 18 by adding the words “in an amount not to exceed $4,064.00" after the words “purchase an easement”. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #18. Any remarks ? MEMBER MORRIS: Mr. President, I move we amend Ordinance #18 per the copy that all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #18 by virtue of the copy before each member of council. Any remarks? If not, by voice vote, all those in favor signify by saying aye. Those opposed, no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: They ayes have it. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18 as amended. PRESIDENT SCHULMAN: The question you are now voting on is Ordinance #18, as amended. Are there any remarks on the Ordinance, as amended? If not, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS AMENDED AS ORDINANCE NO. 24/2015 PRESIDENT SCHULMAN: Ordinance #18, as amended, is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we turn to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: The Finance Committee will meet on February 23 at 6:45 p.m. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -78- MINUTES OF THE MEETING FEBRUARY 9, 2015 PRESIDENT SCHULMAN: Thank you, Chairman. MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Chairman Hart. MEMBER HART: (Laughter). (Inaudible). The Personnel Committee will be meeting on Friday the 13th at 11:00, here in Chambers and we will be discussing the job description for the Nuisance Inspector. PRESIDENT SCHULMAN: Thank you, Chairman Hart. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will be meeting February 16th, same time, same place as the Finance Committee. PRESIDENT SCHULMAN: Just to remind everybody, next week is President’s Day, so we will not be in session next Monday. So don’t...you can come down, but we won’t be here. No other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning to Miscellaneous Business. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes, I just wanted to give this announcement real quick. Shiloh Missionary Baptist Church is having a Valentine’s Day Prayer Breakfast on Saturday, February 14th at 10:00 a.m. $5.00 donation and the guest speaker is Wallace Luke and Charles E. Prince, Sr. Pastor. Jessie Byrd back there, has brought this to us and see him for more details, but if you could support that effort, I’d appreciate it. Thank you. PRESIDENT SCHULMAN: Thank you, Member West. Any other Miscellaneous Business? Member Hart. MEMBER HART: Again, I just want to wish Member Smuckler, the very happiest 60th birthday. Nothing better and good things are going to be coming to him when grandchildren come along...(Inaudible). And also, I’m just wondering if Member Smuckler is going to be staying there at the Wellness Village Suites? (Inaudible). PRESIDENT SCHULMAN: And there’s nothing that beats being a grandpa, is that right? Really? MEMBER HART: Not a thing. PRESIDENT SCHULMAN: Really? Okay. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -79- MINUTES OF THE MEETING FEBRUARY 9, 2015 MEMBER HART: When those little arms come out and you see “Papa”, that’s it. PRESIDENT SCHULMAN: Congratulations, Bill. You’ve reached a great milestone. Mayor. MAYOR HEALY: Thank you, Mr. President. I just...first I want to congratulate and compliment this Council, that was just a great debate on the issue of the Resolution and I think that virtually every position was right. I know it sounds silly, but there was not a wrong position on this one. Yes, we need to keep our debt low and if we did that, that’s not a bad position to be in, and yes, we need roads. God knows, we need roads paved. We need roads paved, we need tons of road work. And if we steered the money that way, that would not be the wrong decision. And we understand the importance of the downtown and the project that’s presented in front of us and how important that is for the future of downtown, which affects the entire city, and that’s certainly not a wrong position, as well. And there was a number of different options out there in reference to which direction we could go. I challenge this Council to come up with a consensus on something, on one of these issues because we have a lot of difference varying ideas out there. So, this Administration now, and I’ll advice my cabinet to start working with, and towards the downtown project, now that we have a majority rule of Council to steer us in that direction. Obviously, we still have to come up with a plan that’s going to be something that Council will support as a whole, and move forward. But, at least we now have some insight on what, from a priority standpoint, this body believes we should be going in. So, thank you for that, and again, I congratulate all of you on that. I do have a couple other little snippets out there. Tonight I was at the swearing in of the new Board for the NAACP. And it looks like they are moving forward and really growing and have a new direction here in Canton. I was very proud to be a part of that today. And I just want to let people know that we do have a new leadership team with them and their active and alive and well. That was exciting. And lastly, every year I ask each of our department heads to do a recap and send me the documents in reference to what they’ve accomplished over the past year, year and a half or so, what they are planning doing for the next year and half, their goals for their department. And this year we did it a little bit differently. Rather than just have them send me a report, and I use those reports to compile our State of the City address, which will be coming up next month, but I use that information for that, but this year I challenged all of our department heads and asked them to not just give me a written document, but to do a presentation. And so, at the Department Head meeting last week, all of our department heads came in and presented what they have accomplished, where their department is, and what their plans are and what their goals are for the next year or so. I want to tell you something, it was a really, really impressive day. The department heads are just a phenomenal group of folks. But at the end of the day, I asked them to evaluate each other, based on their accomplishments and goals in their presentation and rank each other. We then gave some little awards to them, in reference to how they were rated by their peers. And I will tell you that the first award went to...no, no, their in 3rd place. Tracy Mills from the Water Reclamation. We all know what he’s doing with the largest project in our history. Dan Moeglin was...got the 3rd place award. We call that the Cabinet Award...Tracy Mills...that’s right, Tracy Mills got the Cabinet Award. The 2nd place person got the Mayor’s Award. That was Tyler Converse in the Water Department and what he’s doing there is simply amazing. And the winner of the group, for the highest award we gave, was the Department Head Award, was the award from their peers, we thought that...the Heisman...oh, yeah, we call it the Heisman, but Dan Moeglin was actually recognized by his peers as doing the best job and having the best situation (Inaudible). I just wanted to recognize Dan Moeglin, Tyler Converse, and Tracy Mills for their work and efforts. All of the department heads did a great job, but they were the ones that really stood out among their peers evaluations and we use that as what I thought was a great competition. So, if you have an opportunity to, congratulate them. It was really for their entire departments that we recognized that they have to receive it for their departments. But we’ve got great people in the City of Canton, doing wonderful things. I just wanted to share that. Of course I’ll talk more about that at the State of the City, which will be COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -80- MINUTES OF THE MEETING FEBRUARY 9, 2015 March 18th, and we will give you more details here in the next couple of weeks. Thank you very much for your time. PRESIDENT SCHULMAN: Thank you Mayor. Is there anymore Miscellaneous Business. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Member Mariol. MEMBER MARIOL: I wanted to touch on something pertaining to the paving. There’s not way you can say the roads are not in horrible shape. They’re tremendously bad. Fulton Road is just unbelievable. But, over the past two years, our paving budget in the city has nearly doubled. So, we are investing in paving, and on top of that, we had a street department that was not doing preventative maintenance. Chip seal, crack seal. Member Smuckler and I had a bunch of conversations last spring over a lack of them rolling. They didn’t have enough rollers in their department when they did the potholes, to roll it. So not only have we invested in spending more money on paving, but we’ve gotten them the equipment they need to do preventative maintenance so when we do pave their roads, we get the full life out of them. So, Mike Rorar is doing a fantastic job. We’re making investments in that. So, the idea that street paving is somehow ignored or it’s not a concern, is not accurate. And when you look at where the Capital money is going, the biggest increase is in paving and in equipment, to help keep the roads nice. So that’s something that is, that we’re working on, we’re getting close to having at full capacity. It’s definitely a concern, but it’s definitely something that has been invested in the past couple of years. Thank you. PRESIDENT SCHULMAN: Thank you, Member Mariol. LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Yes, Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. To dovetail on that, not to the extent of last year, please, let me repeat that again, not to the extent of last year, but the pothole claims are beginning to come in to the Law Department at a rapid rate now. With the thaw and the freezing. Our Administrative Assistant, Dena Brown, is keeping up nicely and she and Mike Rorar have had some pretty interesting conversations. I know that Service Director has been on those. The Street Department’s, following up on what Member Mariol was saying, is making their best efforts to get out and use cold patch, if and when the environment is conducive to it. It’s very difficult with the freezing and thawing and water temperatures that are out there right now. So, again, this is something I always say, every year at a Council meeting, at this time of year. Please, when your constituents call, you can re-direct them to us if they have claims. We process the claims. But, please let them understand that even though we have noticed about some of these roads being very rough or some of these holes being very deep, Ohio law, in terms of immunity and liability still says we governments have to act quickly, but reasonably, given our resources. We do have some more money, but in terms of how we allocate our human beings into all the jobs they have to do, we can’t always get the deepest holes or the worst streets very quickly. So, I just wanted to remind you of that again. Thank you. PRESIDENT SCHULMAN: Thank you, Law Director. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -81- MINUTES OF THE MEETING FEBRUARY 9, 2015 MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Hawk. MEMBER HAWK: One second, I’d like to compliment Mr. Mayor for the outstanding job he’s been doing running...looking at getting more money into the paving account. I commend you on that. I know you work very hard with a lot of departments, a lot of people in making sure...you’ve actually doubled the amount of money that went into paving this year, and I congratulate you on your efforts, sir. PRESIDENT SCHULMAN: Thank you, Member Hawk. Any other remarks? Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Second. 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 Madame Clerk. Meetings adjourned. Be careful everyone. (Gavel falls). ADJOURNMENT TIME: 8:35 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT