City Council

COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -214- MINUTES OF THE MEETING APRIL 6, 2015 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. We appreciate your attendance here this evening, as always. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote, please, Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (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 and Council Member At Large, Richard Hart, the environmental stalwart. Will you please stand and remain standing please for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 6, 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 Richard Hart, At Large Council Member. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you, Member Hart, very much. Leader. Leader Morris. That’s alright. MEMBER MORRIS: Member Babcock is being a little ornery. Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #4, through and include #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 4 through 10 to 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 SHULMAN: Thank you Madame Clerk, the motion is... ruled upon and granted and Rule 22A is suspended and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We are now under Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business, Deputy Mayor Fonda Williams does have one thing to say to the audience. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -215- MINUTES OF THE MEETING APRIL 6, 2015 DEPUTY MAYOR WILLIAMS: Mr. President, Members of Council, two weeks ago I failed to mention under Old Business, the Duke Blue Devils returning to the Sweet 16, and also the Final 8...again, Final 4... again, and the National Championship...again. That completes Old Business, thank you. (Applause). PRESIDENT SCHULMAN: Thank you Deputy Mayor. Just so the record is clear, the Deputy Mayor and I have a $5.00 bet tonight. I believe Wisconsin will win it all, so, we’ll see. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes. DEPUTY MAYOR WILLIAMS: Seriously though, Mr. Tim Porter reported at the last meeting, requesting City Department Heads email addresses be on the website and that’s in the works. So, I wanted to report that. That completes Old Business. PRESIDENT SCHULMAN: Okay, great. Thank you, Deputy Mayor. PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning now to Public Speaks. We have 5 speakers signed up this evening. Our first is Pete DiGiacomo. Mr. DiGiacomo, as always, welcome to Canton City Council. If you’ll give us your name and your residential address for our records, please. PETE DIGIACOMO: My name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. First thing I wanted to bring up was today we had an incident with pit bulls. I called the Police Department, 911, no help. I called back again, no help. Then I came up here to Council, and with the help of the ladies at City Council, they helped me with giving me Officer Sedlacko, and he has corrected the problem. The dogs are...been taken...hopefully it’ll be good care. These are full-bred, pedigreed pit bulls. It’s not your common one you see people gotta big chain around, it’s something else. The other thing I wanted to bring up about is, last Friday, or Thursday evening, I put my trash cans out like anybody else would do on their evening, to get their trash picked up. It’s all bagged up, everything like that, and in front of our house was this here, to me it appears to be a chrome strip off of somebody’s vehicle. How it got there, don’t know. I took it and placed it on top of the lid of one of my trash cans. Low and behold, Friday morning I get up, where is this? Beside one of my trash cans. Now, one of two things. Either the wind blew it off, and I don’t think it was a windy night but I was sleeping. The other thing would be is, since it wasn’t in a bag, why should I bother...pick...put, bother with it. I’ll just throw it on the ground. Either way, this should not have been left where it was left. I’ve already called the Sanitation Department, complained to him, and I...if it’s okay with the Service Director, I’d like to give this to you and see if you can investigate a little further, so to speak. PRESIDENT SCHULMAN: Thank you Mr. DiGiacomo. (Laughter). (Applause). Congratulations Director. It’s probably the nicest gift he’s ever received, Mr. DiGiacomo. SERVICE DIRECTOR BARTOS: Mr. President, this will go on my wall, actually. PRESIDENT SCHULMAN: I think it should. PETE DIGIACOMO: Thank you very much, have a good evening. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -216- MINUTES OF THE MEETING APRIL 6, 2015 PRESIDENT SCHULMAN: Thank you. Our next speaker is Jack Hawk. Mr. Hawk, welcome, good evening. If you’ll step forward and give us your name and your residential address for our records, please. JACK HAWK: My name is Jack Hawk. 217 - 16th St. NW, Canton, Ohio. I want you to all know, first of all, I’m here as an advocate, so this is not on your dime. Last time I was here, you guys were trying to figure out if Council had money, so I didn’t want to charge you for it again, okay. (Laughter). But no, in all seriousness, I’m here to say that on one hand I’m very pleased with the City and what they have done. Some of the conversations I’ve had recently with some of the people as to how they can help our agency, but I’m really very concerned about if you guys can’t figure out how to communicate, it’s really a big problem for a deaf person, such as Mr. Lynch. He’s been given the run around now, he’s now into three different areas and everybody keeps promising him this, and promising him this, and so I’m trying to figure out who’s on first. One of the things is that he got put onto the list where he’s like, number one, and yet the Union says, “Well, no, no, you need to go back to the day 33 years ago, when you started here and you need to start working on the crew, not just because you have this Class A driver’s license”. And you know, he’s sitting there thinking...and then when I talked to the people in Civil Service, they’re sort of scratching their head, saying, “We don’t know what that means”. I still have asked the question of Civil Service and I asked Law Director Martuccio, under President Clinton, the Civil Rights Act of 1960 said, “No Civil Service under the Federal Rights”. And I would assume that the State follows the Federal, and I would assume, that you as a Charter City, you follow the State. I’m trying to figure out how to get that answer. I brought that up to Civil Service, probably over a year ago, and I still don’t have that answer. So, I hope to hear from someone because the only recourse I have is to call the Civil Rights Commission in Akron and see if I can’t get that answer. But I will tell you, in all honesty, the Civil Rights people have been very helpful in getting Leroy an interpreter. He’s had one, one-on-one, he’s taken one here just recently for the school system, so I’m trying to get this guy a job and you know, as a City, not one disabled person is on the City payroll, and I think that in a City that talks about diversity, diversity would include those who are disabled. Thank you for your time. PRESIDENT SCHULMAN: Thank you as always, Mr. Hawk, appreciate it. Our next speaker is Leonard Stevens. Mr. Stevens, as always, welcome to Canton City Council. If you’ll give us though, your name and your residential address for our records, please, and welcome. LEONARD STEVENS: Thank you. Leonard Stevens, 5349 Mosswood Circle NE, Canton, Ohio. Good evening, Mr. President. I’m President of the Stark County Minority Business Association and we have some of our members here, would you please stand, real quick. (Applause). We would like to thank the City of Canton for enhancing our organization by providing a small grant and office space for the Minority Business Assistance Center, which is located at 1400 Sherrick Rd. Currently there are 47 paid members of the Minority Business Association. We are supported by a number of organizations, including the Greater Canton Chamber of Commerce, Kent State Business Development Center, Malone University, Walsh University, Stark State College, and ABCD, which is our Fiscal Agent. There have been many accomplishments the past 6 years, since our inception. I cannot name them all, but I would like to highlight just a few. We established the Minority Business Center as part of the Region 1, in the State of Ohio. This Center is also staffed by a part-time counselor. We provided counseling to over 45 businesses. We assisted 21 businesses in getting their D.B.E., NBE, and ED Certifications with the State of Ohio. We facilitated a loan program to provide minority business access to loan funds. This was in partnership with the Akron Urban League and Fifth Third Bank, and the Economic and Community Development Institute. In addition, we have assisted in the establishment of a barber school in Canton, and a daycare expansion from a home environment to a spacious building. One of our members is a general contractor, working on large government contracts and was awarded two members a large painting contract and a very large flooring contract. Two of our members have been awarded contracts with COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -217- MINUTES OF THE MEETING APRIL 6, 2015 Shook Corporation on the City of Canton Waste Water Treatment Project. These are just a few of the businesses that have experienced growth as members of the Stark County Minority Business Association. So, again, we want to thank you for your assistance and the money that you provided is being put to good use. We also want to give a special thanks to Councilman West, who worked very diligently, and hard to make all of this come about. Thank you again. (Applause). PRESIDENT SCHULMAN: Thank you Mr. Stevens, very much. Thank you again. Our next speaker is Henry Preston. Mr. Preston, as always, welcome. If you’ll step forward and give us your name and residential address, please. HENRY PRESTON: Good evening. My name is Henry Preston. I live at 326 - 31st St. NW, Canton. This evening, I’m here to ask Council to use common sense and vote no on the West Tuscarawas Project. The first is that Ward 7 CCP Meeting...one of the main points that the presenter pointed out was that Canton’s financial position is good, but he said that because of limited funds, the City needs to watch how they spend every dollar. I don’t believe that the City is watching closely how they’re spending every dollar on the West Tuscarawas Project. Traffic safety seems to be the main attention driver for this project, to push it through. It is now looking like the same play book that was used to get funding for the 12th St. Corridor Project...is currently being recycled to spend taxpayers monies for the West Tuscarawas Project. While safety is used as the common denominator on the two projects, those areas are totally different in the ways that the roads are laid out and the surrounding areas. For years, 12th St. and Market Ave. North, were ranked one for the most dangerous intersection in Stark County. If the 12th St./Market Ave. North intersection was not the most dangerous intersection, the most logical reason is the ongoing construction that has narrowed the four lanes to two lanes. The number two most dangerous intersection in Stark County is Tuscarawas and Central Plaza. A person has to look down the list of the most dangerous locations in Stark County to number ten, which is Harrison and West Tuscarawas; however, it is localized at that location, it is not an indication from that point to Whipple Ave. is an area where millions of taxpayers monies need to be spent to improve traffic safety. At this time of year, in early fall, driving east and west, drivers are blinded by the sun glare in early morning and early evening, which makes driving very difficult to see what color the traffic signal is. The traffic signal located at West Tuscarawas and Whipple Ave. and the Walmart exit onto West Tuscarawas, are a glaring example of needed improvement of traffic signal deployment. Putting an additional traffic signal on the walk...above the walk signal, along the current position of the traffic signal would allow the drivers to dodge the glare and see the color of the signal light which would enhance traffic safety. At those locations, and other East/West streets throughout the City, I strong encourage Council to take a look at ways to specially improve the traffic safety throughout the City, and not spend millions of taxpayers money on a dubious project where traffic safety is not really a whole issue. Thank you. PRESIDENT SCHULMAN: Thank you, Mr. Preston, very much. Our next speaker, and last speaker is Robert Myers. Mr. Myers, good evening. Welcome to Canton City Council. Sir, if you’ll give us your name and your residential address, please. ROBERT MYERS: Yes, my name is Robert Myers. I live at 4439 Lincoln St. E., Canton, Ohio. I’m here on behalf of the asphalt issue. I was hoping that maybe I could educate some of you. I’ve produced it for 25 years. SS921 Cold Mix is the same liquid as hot mix. It has an additive that is put in it that gives you longer working time in cold weather. It all meets Ohio specs. The State uses it, County uses it, every township around here. Mahoning County drives down to get it, Columbiana County comes to get it. I have videos right here, of our road department not applying it properly. You want to know why your city streets are blowing up, you can’t COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -218- MINUTES OF THE MEETING APRIL 6, 2015 throw two shovels of asphalt down, roll it with a roller, and walk away from it. I got some of the most appalling pictures in here that you guys are paying people to do, and then you want to blame somebody for bad asphalt. There’s nothing wrong with the asphalt. Drive to Canton Township. The guys do a nice job. They make a patch look good. Put enough asphalt in it, roll it, it’ll be there for years. So, I...it really hurt me March 31st, when you guys slammed Central Allied. Central Allied has been open for you guys on Saturdays, to help, to correct the situation. We started producing hot mix out of the little plant for you guys. They bend over backwards. I don’t understand why we would want to give somebody that does not pay city tax, money, to haul from Marshallville. That don’t make no sense to me. But if any of you would like to see the video, I’ve got it right here. It’s in the Parks Department. It’s the worst patch job I’ve ever seen in my life. There’s actually asphalt put in front of a hole, asphalt put behind a hole, and not a drop of asphalt put in the holes, and then they roll it. I mean, the problem is not with the mix guys, it’s on...it all makes...it’s all up to Ohio Standard. It’s how it’s being applied. They don’t put it in, they don’t roll it right. I don’t think any of the City of Canton people have a lute on the truck to smooth it out and make it look nice. You gotta make it try to look good. Just throwing it out and running it over with a roller, trying to smash it, guess what folks, the first ten cars drag it down the road and it’s gone. So, that’s all I got. PRESIDENT SCHULMAN: Thank you very much, sir. Appreciate it. (Applause). ROBERT MYERS: If any of you would like to see ‘em, you’re more than welcome to it. PRESIDENT SCHULMAN: Great, thank you, so much. That concludes our Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We now move to Informal Resolutions. We have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to Communications. Let the journal show that all Communications are received as read. For the people that came down for the Minority owned Business. You do not have to sit through the entire meeting, unless...you’re more than welcome, but you will not be disrespectful if you want to head out and watch Duke lose to Wisconsin later! (Laughter). Thank you for coming down and thanks for all your hard work and what you do for our community. 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 6, 2015. 131. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 3/31/15. - RECEIVED & FILED 132. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 3/1/15 THRU 3/31/15. - RECEIVED & FILED 133. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/15 THRU 3/31/15. - RECEIVED & FILED 134. COURT ADMIN. KOCHERA: CANTON MUNICIPAL COURT 2014 ANNUAL REPORT. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -219- MINUTES OF THE MEETING APRIL 6, 2015 135. HEALTH COMMISSIONER ADAMS: REQ $35,000.00 SUPP APPROP FR UNAPPROP BAL OF 2322 DENTAL SEALANT TO 2322 DENTAL SEALANT - OTHER. - FINANCE COMMITTEE 136. LIQUOR CONTROL DIVISION: REQ TRF FROM PETER G. PAPACOSTAS DBA PETE’S GRILL & PIZZA, 1ST FL & PATIO TO MOVEMENT NIGHTCLUB LLC, 1ST FL & PATIO AT 401 CHERRY AVE NE (WARD 2). - RECEIVED & FILED 137. MAYOR HEALY: REQ AUTHORIZATION OF RE-APPT OF DON TARVER TO BOARD OF BUILDING APPEALS FOR TERM BEGINNING 1/1/15 TO 12/31/17. - PERSONNEL COMMITTEE 138. MAYOR HEALY: REQ AUTHORIZATION OF RE-APPT OF WILLIAM EUSTATHIOS TO BOARD OF BUILDING APPEALS FOR TERM BEGINNING 1/1/15 TO 12/31/17. - PERSONNEL COMMITTEE 139. SERVICE DIRECTOR BARTOS: ALLOW LOCAL CONTRACTOR NORTHSTAR ASPHALT, INC TO PROVIDE ADDITIONAL MANPOWER AND EQUIP FOR POTHOLE PATCHING, AND MAKE RUNS TO RUPP SUPPLY IN MARSHALLVILLE, OH FOR HOT MIX, PURSUANT TO SEC 105.04 OF THE CODIFIED ORDINANCES; AUTHORIZE AUDITOR TO PAY MORAL OB TO NORTHSTAR ASPHALT, INC. FOR AMT NOT TO EXCEED $150,000. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for the First Reading. Let the Journal show that all Ordinances are to be given their First Reading as required by State law. Madame Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,500,000.00 FOR THE PURPOSE OF PAYING 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. (REVITALIZATION NOTES, SERIES 2015A). Referred to Finance and Community & Economic Development Committees #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SAFETY OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF VARIOUS VEHICLES AND/OR EQUIPMENT; ALTERNATIVELY PURCHASE SAID VEHICLES AND/OR EQUIPMENT PURSUANT TO STATE COOPERATIVE PURCHASING COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -220- MINUTES OF THE MEETING APRIL 6, 2015 AGREEMENTS; ENTER INTO CONTRACT FOR ONE LADDER TRUCK WITH PUMP IN ACCORDANCE WITH O.R.C. SECTION 125.04; ENTER INTO A FIVE- YEAR LEASE AGREEMENT FOR THE ABOVEMENTIONED LADDER TRUCK WITH PUMP FOR AN ESTIMATED AMOUNT OF $252,000.00 PER YEAR; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY (7 FORD POLICE INTERCEPTER SUV’S; 1 PUMPER TRUCK FOR FIRE DEPT; 1 HYDRAULIC COUPLER LOADER FOR STR DEPT; SUPP APPROP OF $875,000.00 FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCH FUND TO 4502 102001 POLICE ADMIN - OTHER FOR $307,000.00, TO 4502 103001 FIRE ADMIN - OTHER FOR $408,000.00, AND TO 4502 202210 STR MAINT FOR $160,000.00) Referred to Public Property Capital Improvement Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER 3 IN THE AMOUNT OF $324,248.00 WITH ARCADIS US INC. FOR THE 12TH ST. NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT, PID 90671, GP 1160; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER PROJECT STAKEHOLDERS; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($94,781.40 SUPP APPROP FR UNAPPROP BAL OF 4506 INFRASTRUCTURE BOND FUND TO 4506 202091 INFRASTRUCTURE BOND - 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJ, PID 90671, GP 1160 - OTHER; $29,466.60 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 202091 CAPITAL FUND - 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPED PROJ, PID 90671, GP 1160 - OTHER; $200,000.00 APPROP TRF FR 2113 202001 MUNICIPAL RD FUND ENG ADMIN - OTHER TO 2113 202091 MUNICIPAL RD FUND - 12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPED PROJ, PID 90671, GP 1160 - OTHER) Referred to Public Property Capital Improvement Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for the Second Reading. Madame Clerk, would you please begin with Ordinance #4. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 THROUGH #10 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#10 ADOPTED ON 2ND READING): #4. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY AN AMOUNT NOT TO EXCEED $1,400.00 TO ACY COMMUNICATIONS FOR PROFESSIONAL SERVICES PERFORMED IN FEBRUARY, 2015; AND DECLARING THE SAME TO BE AN EMERGENCY (DETECTIVE BUREAU) #5 (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY AN AMOUNT NOT TO EXCEED $342.60 TO REMINGTON ARMS CO. INC. FOR WORK PERFORMED IN COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -221- MINUTES OF THE MEETING APRIL 6, 2015 NOVEMBER, 2014; AND DECLARING THE SAME TO BE AN EMERGENCY (POLICE DEPARTMENT) #6. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP OF $19,744.22 FR UNAPPROP BAL OF THE 2761 ENFORCEMENT AND EDUCATION FUND TO 2761 102001 POLICE ADMIN - OTHER) #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT AND TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE APPLE GROVE STREET/MIDDLE BRANCH AVENUE/WERNER CHURCH ROAD PROJECT - CITY ONLY PORTION; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP OF $1,260,000.00 FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207034 APPLEGROVE/MIDDLE BRANCH/WERNER CHURCH WATER MAIN PART A - CITY ONLY PORTION - OTHER) #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A SECOND SUPPLEMENTAL AGREEMENT TO THE CANTON/HARTVILLE CONTRACT 2002-66 AND TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION OVERSIGHT FOR THE HARTVILLE PHASE III WATER MAIN EXTENSION PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP OF $1,060,497.00 FR UNAPPROP BAL OF THE 5201 WATER FUND TO 5201 207026 HARTVILLE WATER MAIN EXTENSION - OTHER) #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR UNPAID AND DELINQUENT CHARGES FOR ALL COSTS ASSOCIATED WITH THE ABATEMENT OF NOXIOUS WEEDS, GRASS OF RANK GROWTH AND LITTER; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) ADOPTED AS ORDINANCE NO. 73/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH MANNICK & SMITH GROUP, INC. FOR ENGINEERING SERVICES RELATED TO THE TUSCARAWAS STREET WEST CORRIDOR SAFETY PROJECT, PID 92562, GP 1165; AUTHORIZING THE AUDITOR TO ESTABLISH AND CREATE THE 4578 TUSCARAWAS ST. (WEST) CORRIDOR SAFETY PROJECT, PID 92562, GP 1165 FUND; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR GRANTS AND ENTER IN GRANT FUNDING AGREEMENTS PERTAINING TO THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -222- MINUTES OF THE MEETING APRIL 6, 2015 ($250,000.00 FR UNAPPROP BAL OF 4578 TUSC ST(WEST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 TO 4578 202043 TUSC ST (WEST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 - OTHER, AND $44,563.65 FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 202043 TUSC ST (WEST) CORRIDOR SAFETY PROJ, PID 92562, GP 1165 - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded Suspend the Statutory Rule for Ordinance #10. Any remarks? Hearing none, Madame Clerk, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader, you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under this Ordinance? Hearing none, Madame Clerk again, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 3 NAYS (MEMBERS MORRIS, SMITH, HART VOTED NAY) CLERK TIMBERLAKE: Nine yeas, three nays, Mr. President. #10 ADOPTED AS ORDINANCE NO. 73/2015 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motions carries and Ordinance #10 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for their Third and Final Reading and vote. Would you please again begin, Madame Clerk, with Ordinance #11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #11 THROUGH #14 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -223- MINUTES OF THE MEETING APRIL 6, 2015 #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 74/2015 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000.00 FR UNAPPROP BAL OF 4501 701001 CAPITAL PROJ FUND TO 4501 701001 75806 CAPITAL PROJ FUND - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11. Any remarks under this Ordinance? Again hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 74/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 11 is adopted. Ordinance 12, please. #12. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 75/2015 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; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO STATE COOPERATIVE PURCHASING AGREEMENTS; AND TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR A THREE-YEAR LEASE AGREEMENT FOR TWO (2) FORD FUSIONS, OR ALTERNATIVELY TO ENTER INTO CONTRACT FOR THE LEASE OF SAID VEHICLES IF SAID LEASE IS FOR LESS THAN THE $20,000.00 THRESHOLD WHICH REQUIRES COMPETITIVE BIDDING; AND DECLARING THE SAME TO BE AN EMERGENCY (1 FORD F-150, 1 FORD F-250, 1 FORD F-350, 1 FORD F-450) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12. Any remarks under this Ordinance? MEMBER MORRIS: Mr. President, I move we amend Ordinance #12, per the copy all Council Members have in front of them. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -224- MINUTES OF THE MEETING APRIL 6, 2015 MEMBER SMITH: Second. AMENDMENT: Pursuant to Rule 36, I move to amend Agenda Item No. 12 by the substitution of the attached revised ordinance for the original proposed ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 12 by virtue of the copy before each Member of Council. Are there any remarks? Hearing none, by voice vote, all those in favor of the amendment 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 #12, as amended. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12, as amended. Any remarks under Ordinance 12, as amended? Hearing none again, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 75/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance #12, as amended, is adopted. Ordinance 13, please. #13. (3RD RDG) REFERRED BACK TO COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 53RD STREET RESERVOIRS REBOOTING PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($89,000.00 FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207033 - 53RD ST RESERVOIR ROOF - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Leader. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -225- MINUTES OF THE MEETING APRIL 6, 2015 MEMBER MORRIS: Mr. President, I move we postpone Ordinance #13 indefinitely. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 13 indefinitely. Any remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. Oh, I’m sorry, Member Dougherty. MEMBER DOUGHERTY: My shadow is still there. Can we get a reason why? PRESIDENT SCHULMAN: Yes, Director Bartos. SERVICE DIRECTOR BARTOS: Mr. President. There was a lot of discussion this and we just wanted to go back and take a look at the process we went through to make sure it was sound, so, we just wanted a little extra time on this. I know we had a lot of questions about the qualification based process and everything, so, we just want another...it’ll probably take a couple of weeks to just take a look at it again. We just want to make sure we’re sound, that’s all. PRESIDENT SCHULMAN: Any other questions, Member Dougherty? MEMBER DOUGHERTY: He wants to postpone it indefinitely, so what does that mean? Can you just bring it back, I mean... SERVICE DIRECTOR BARTOS: Mr. President. PRESIDENT SCHULMAN: Yes, Director. SERVICE DIRECTOR BARTOS: I wasn’t sure if it’d be a week or two weeks, so I just said...or three weeks, that’s why I said indefinitely. We can postpone it for a couple weeks, if we’d prefer it, but I just, I figured since we’re unsure of when we’ll be able to complete the review... MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smuckler. MEMBER SMUCKLER: Could I make a suggestion of just sending this back to Committee instead of going through the whole thing all over again? PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR BARTOS: Mr. President, I’d be fine with that because I know there were some additional questions. We talked about bringing some pictures and visuals down because there were some questions about what kind of roof this was. I think some Members thought it was just a roof for a typical building as opposed to a reservoir. So I’d be fine with that. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -226- MINUTES OF THE MEETING APRIL 6, 2015 PRESIDENT SCHULMAN: Alright. Leader, do you want to withdraw your original motion. MEMBER MORRIS: Mr. President, I withdraw postponing Ordinance #13 indefinitely. MEMBER SMITH: Second. (Inaudible). MEMBER SMUCKLER: Mr. President... PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: You have the authority, if you’d like to send this back to Committee. PRESIDENT SCHULMAN: Well then, the Chair will send this back to Committee. Thank you Member Smuckler, very much. Turning now to Ordinance 14. Madame Clerk. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 76/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH PROFESSIONAL SERVICES INDUSTRIES, INC. FOR DESIGN, ENGINEERING, CONTRACT ADMINISTRATION AND OTHER PROFESSIONAL SERVICES AND ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE CANTON MEMORIAL CIVIC CENTER ROOF REPAIR/REPLACEMENT PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Again hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 76/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 14 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcements of Committees Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -227- MINUTES OF THE MEETING APRIL 6, 2015 MEMBER HAWK: Thank you, good sir. The Finance Committee will meet Monday, April 13th at 6:45 P.M. PRESIDENT SCHULMAN: Thank you. MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Chairman Hart. MEMBER HART: Personnel Committee will meet at 6:45 on April 13th. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Smith. MEMBER SMITH: C&ED will meet at the same time. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Is there any? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: Thank you, sir. I wanted to thank Service Director Bartos, our IT Director, Pat Barton, along with City Engineer, Dan Moeglin, and the living legend from Engineering, Eddie Moore, who on Thursday, they all...we got together out at my work, where I work in trucking logistics, and we spent some time looking at ways we can modernize and improve our oversized and overweight vehicle permitting system, along with making some changes in commercial traffic. That is something that we’re moving towards with Engineering, that hopefully will improve the longevity of our roads and prevent as much wear and tear on this. Just to give you guys an idea on this, I sent a report, which I thought was riveting. Everybody that saw it said it put them to sleep, but there was an ODOT report from 2009. Just to give you an example of the impact this has on our roads. When you...every 20,000 lbs. you add over legal weights on a vehicle load, so you have from 80,000 on five axles, to 100,000 on five axles, it doesn’t...it’s an increase of 20%, but it doesn’t add an increase of 20% wear on our pavement, it doubles the increase on our pavement. When you get to something that’s about 28,000 per axle, which is if you think of a crane or other self-propelled vehicle, you go essentially 11,000 per axle increase, it actually has the equivalent of 14 - 80,000 lb. trucks over the same stretch of pavement. So, as you add weight, the pressure it places on our infrastructure is greatly increased. And so, I really do appreciate these guys coming out to want to take the time to work towards finding a way that we can redo our commercial truck traffic in a way to reduce our strain on our roads and infrastructure. So thank you guys for coming out. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -228- MINUTES OF THE MEETING APRIL 6, 2015 PRESIDENT SCHULMAN: Thank you, Member Fisher. Member West. MEMBER WEST: Mr. President. I’d like to thank the Minority Business Association, I know they left, but I’d like to thank them for coming down. Although I may have initiated the grant, but most of the work went through themselves. Leonard Stevens, who is the President, Will Dent, and Gary Barton, they really pushed the envelope and I...we could not have done this without the Mayor and without our Deputy Mayor, Fonda Williams. Again, when African Americans or Minority Businesses open, they don’t just hire African Americans. They hire a lot of people and I think this project is going to really benefit the City by more and more minority businesses opening their doors and hiring more and more citizens. So, I want to thank them for coming down. Then the second thing I’d like to add is, if the Service Director would speak to the gentleman that came down and talked about the cold mix and the hot mix. I say that because I was watching them throw, or do some patching today, and they did a steam roll. They were doing downtown, and more specifically, on McKinley and I believe that’s Court Avenue there. I seen the truck dumping the hot mix out and it was filling the pothole, and then they had a roller behind the truck, rolling it. Now, I don’t know if that was the City of Canton, it was a big white truck, but nonetheless, it seems that they were doing it properly. I took some pictures because, again, it was impressive and this was outside of my window. In terms of the cold patch being properly installed into the holes and, are we doing the right job, I mean are we doing it correctly or inaccurately? And if that’s the case, then it seems like we need to do some education and training with our Street Department. Thank you. PRESIDENT SCHULMAN: Director Bartos. SERVICE DIRECTOR BARTOS: Mr. President. I believe you saw Northstar doing the patching. I did speak with the gentleman already. I looked at his videos. Unfortunately, his videos were just of potholes that he feels were inadequately filled. There was no video of our people actually doing work, so I couldn’t really evaluate that. I think he had a couple pictures, he said. But, he works for Central, and I already spoke to Jerry Orn today, the President of Central Allied, who spoke at length with Superintendent Rorar last week. We’re going to have Mr. Orn in to sit down with our folks to talk about how we’re doing things, how they’re doing things, and get the communication going and the dialogue going because I think it’s important to have open communication with them. I mean, they are a Canton business, a union shop, so it’s important we have a good relationship with them. MEMBER WEST: ...And just one last thing, can we also schedule maybe a visit down there so we can take a tour of what they’re doing and what they’re making, so on and so forth. I appreciate that. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR BARTOS: I think that the folks at Central would love that because I know Mr. Orn called us after he saw the newspaper article. He was kind of concerned and wanted to speak with us. We’ve had great discussions over the phone, but I think they’d love to do that, so I’ll speak with him and see if we can have a tour for as many Members of Council as would like to go. PRESIDENT SCHULMAN: Thanks Director Bartos. Thank you, Member West. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Member Mariol. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -229- MINUTES OF THE MEETING APRIL 6, 2015 MEMBER MARIOL: On the cold patch and hot patch, Director Bartos, cold patch per ton, about $157.00 a ton, is that accurate for the cold patch? PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR BARTOS: Mr. President. Yes, I believe that’s accurate. MEMBER MARIOL: And hot patch is about $51.00 a ton? Is that...in that area? SERVICE DIRECTOR BARTOS: Give or take few... MEMBER MARIOL: So, it’s about $100.00 more expensive to use the cold patch, which is just for that reason, is a great reason to use hot patch over the cold patch. PRESIDENT SCHULMAN: Thank you, Member Mariol MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Director Bartos, you might want to ask Central Allied, when you have that meeting, that as Member Mariol just pointed out, $157.00 a ton for cold patch, or $51.00 a ton for hot patch, and according to a gentleman employed by them for 25 years, he just told this body that this entire that it is nothing more than an additive added. It’s the same material. So, that has to be one heck of an additive to be worth $100.00 per ton. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR BARTOS: Mr. President. I spoke with Mr. Orn today, there’s a number of things that go into that increased cost, but actually, I was going to ask the Capital Chairman and the Majority Leader to attend that meeting, so we can all ask that question. PRESIDENT SCHULMAN: Thank you, Director. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Sometimes I approach the Law Director, I should know better after being with him for 20 years that I do this all wrong. Joe, we talked before the meeting about grass cutting. Would you please send us a memo of how we can do this rather than why we can’t do this or the 25 pitfalls in doing this. Just send us a memo how we can get this done so we’re not talking about this next September. Thank you. PRESIDENT SCHULMAN: Thank you Member Smuckler. Member Mariol...er...Member Mack. MEMBER MACK: Thank you, Mr. President. Service Director, one thing that I have noticed in recent weeks that’s happening in Ward 8 is, Dominion East Ohio is putting in a substantial line on 39th Street, I believe it is, COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -230- MINUTES OF THE MEETING APRIL 6, 2015 and not only are they causing significant disruptions to the traffic in the area, and really damaging the street that they’re working on, we want new gas lines up in that area of course, but they’re now beginning to place their vehicles on roads that are not 39th Street. I think that I’ve...it’s been reported to me that some of these vehicles are being placed and parked on 41st Street, which is one of our brand new multi-million dollar streets that we’ve accomplished in this city. We’re all aware, certainly through Member Fisher’s hard work, of the damage that heavy vehicles can cause to our streets, so if there is a way to, and I’m sure there is, to limit and potentially eliminate, because there shouldn’t be any need to be on 41st Street, the heavy equipment traffic related to the gas project, I’d certainly appreciate that. And one other thing that I would like you to do, is, you know, I found it interesting that an employee from Central Allied comes and addresses this body objecting to us engaging in the market places to find this hot patch material and at the same time, completely blast our hard working street workers. One thing I would ask you to do, is that when you do have this meeting with Central Allied, is confirm whether these were comments that were made on behalf of the company, because if this is one of our business partners, I would hope that they wouldn’t be talking about, in that way, about our very important city employees. Thank you, Director. PRESIDENT SCHULMAN: Thank you, Member Mack. Any other remarks? Member Hart MEMBER HART: Just one, and again, I don’t know if this should be to the Service Director. I’m getting calls from the companies about when the gas company will start to put lines in and I talked to a couple of the employees. Can the city get a list of when some of this construction is going to start in areas. It’s kind of hard...just so if I get a call into the Council people, they able to say, well it might be starting in October, it might start in November, June, or whenever. But also, I’ve had some conversations with Attorney Burns in terms of some of the lots that are overgrown in terms of making them available for residents for garden. I’m not trying to (Inaudible). There are those properties that you’re never going to be able to get the money. If we could just have a list to use with gardens. (Inaudible). Somebody owes the city two or three thousand dollars for mowing, let them bring suit and maybe we can collect our money. Hopefully we can get a little creative. PRESIDENT SCHULMAN: Thank you, Member Hart. Any other Miscellaneous Business? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Just so you know, Member Hart, I don’t know if, I’m sure it happens with everybody, but it does happen with me when they do have a contractor in the neighborhood, I’ve been called by Engineering, through the Office of myself and so, and then I have a contact number of who I need to call if I have a problem, but maybe that’s not reaching the At-Large Members, is what might be happening. MEMBER HART: Yes, because...okay. PRESIDENT SCHULMAN: Law Director Martuccio: LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. Members of Council. With regards to Mr. Lynch, I want to thank Mr. Hawk for coming and acting as an interpreter this evening, and Mr. Lynch, thanks for coming every week. The Executive Order that was referred to that was signed by President Clinton, to the best of my recollection, was issued to the Federal Agencies and Federal contractors and was binding on them. It COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -231- MINUTES OF THE MEETING APRIL 6, 2015 was not an act of Congress that was binding on the rest of the States and so on; however, under the Americans With Disabilities Act, being hearing impaired is a disability and one has to reasonably accommodate disabilities unless it’s a hardship, and that’s judged on a case by case basis. When Mr. Lynch has business that he must do directly with the City, it is our obligation to contract with someone to help him transact that business with the City, as someone who has a disability. I will also look into the union rules. I know that those are collectively bargained and they deal with the terms and conditions of employment if someone wants their past (inaudible) and they’re pretty strict as to how they are applied, but I’ll look into that. I thought the guy who was here, Mr. Myers, to talk about paving, looked a lot like Sean Penn, I don’t know if anyone noticed that. (Laughter). On the memo on grass...these are random thoughts...only it didn’t hit anybody! (Laughter). MEMBER SMUCKLER: Real random! (Laughter). LAW DIRECTOR MARTUCCIO: On the memo on grass, Mr. Smuckler, it will be a “how to get to yes”. Making sure that due process is met and all those other concerns are met. And I’ll probably throw a note in, Mr. Hart, as well about collections. Mr. Hart, about Burns, we’ll continue that conversation about utilizing those spaces to the extent (Inaudible) and what risks are involved. But there may be a way to approach owners to have win-win. Finally, I don’t know how many of you know this, but I attended Gonzaga. I’m probably the only person in this room, if not the City, who went to Gonzaga University in Spokane Washington. I left the year before John Stockton came and obviously I’ve followed them with great interest because it’s interesting to hear talk about Gonzaga Bulldogs here, because you don’t. Father Jim Griffin, you’ll notice it was Notre Dame and Gonzaga who turned the other cheek as Easter approached. I think that had something to do with those losses. Fonda felt sorry for me today because Duke beat Gonzaga, and bought me lunch. The offer is out there for anyone else as well. (Laughter). Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Real quick, I think need to also acknowledge our Clerk who deals with a lot of the animal nuisance calls. She was able to get these 2 pit bulls taken care of. If it had not been for her, it probably wouldn’t have gotten done. And Mr. Sedlacko, because he did it for free. Cindy does a lot so we have to make certain that there’s money available to address these animal nuisance. Summer is coming and I know I’m going to get a bunch of calls and I’m going to send them to some of y’all, so let’s get that money in the pot so we can provide some services to animal nuisance control. Thank you. PRESIDENT SCHULMAN: Thank you, Member West. Anything else? Yes, Deputy Mayor. DEPUTY MAYOR WILLIAMS: I just wanted to mention that Duke comes on at 9. I think I failed to mention that at the beginning of the meeting! Thank you. (Laughter). PRESIDENT SCHULMAN: I want to follow...I want to just briefly follow up on Law Director Martuccio. Mr. Lynch has been here every single week, listening or trying to listen to our meetings, or trying to understand what’s going on. He’s come to me often to ask for some assistance. I’ve tried to provide it to him. Everything I know about Mr. Lynch, is he has, he was an outstanding employee for the City of Canton. He doesn’t deserve what’s happened to him, and enough’s enough. I think, I appreciate Mr. Hawk coming tonight and saying, if you don’t help him, there are other avenues and remedies that we can seek, but it’s not fair what happened to COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -232- MINUTES OF THE MEETING APRIL 6, 2015 him. He deserves to be re-hired. He’s done everything that’s been asked of him. So enough’s enough. Leader. (Applause). Thank you. 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. (Gavel falls). Meeting’s adjourned. ADJOURNMENT TIME: 8:20 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT