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City Council

Regular Meeting

Canton, OH · June 7, 2010

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -380- MINUTES OF THE MEETING JUNE 7, 2010 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. There are some residents of Canton signed up tonight to address the rezoning of the Ira Turpin facility or the home. What I would like you to do, if you would, is to make sure that you come up during the Public Hearing tonight and not the Public Speaks. Some of you who are against it or for it signed up for the Public Speaks. We want you to come up during the Public Hearing and what I’d also ask you to do is to limit your remarks tonight to one minute if you can do that please because I think, because I think that the people that are against it, there’ll be a vote taken and I believe that the vote will be in your favor. So I’m gonna try to limit it to a minute. If you think you need more than that, that’s fine but if you are for it then by all means step forward. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: You may say a minute but they have a right to have three. PRESIDENT SCHULMAN: Yes. You have a right to have three minutes but if you could limit your remarks, if you’re against it to a minute, I think it would be appropriate. And if you’d like to take three you’re obviously more than welcome. We encourage that but 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: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by 8th Ward Council Member, Mark Butterworth. If you’d all please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on June 7, 2010 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Ward 8 Council Member, Mark Butterworth. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes. Members of Council you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 10 through 15. Leader. MEMBER DOUGHERTY: Mr. President, I move to suspend 22A, add 2nd Reading Ordinances 10 through 15. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd reading Ordinances COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -381- MINUTES OF THE MEETING JUNE 7, 2010 10 through 15 to this evening’s agenda. Are there 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. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Now we are under Public Hearings and we have one Public Hearings this evening. It’s scheduled for 7:30 PM. It’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. IT IS ASSIGNED TO WARD 4; PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SAME. THIS IS IN REGARD TO 1750 IRA TURPIN WAY NE FOR JABEZ M.C.E. AND RKL PROPERTIES. Is there anyone in the audience wishing to speak for or against this zone change? Would you please come forward. Now I know we have some people signed up tonight. You want to come first? If you’ll give us your name and your residential address please. RUBY BROGDON: My name is Ruby Brogdon and I live at 1617 3rd St NE. I am a member of Antioch Baptist Church and I’m against this because we have kids there. We have elder people around there. They have different activities and I don’t feel that anyone would want this kind of facility next to where they worship. Thank you. PRESIDENT SCHULMAN: Thank you Miss Brogdon. Thank you very much. Our next speaker, would you please give us your name and your post office box please. EDYTHE STINSON: Good evening President Schulman, Mayor Healy, Council-at-Large Members, Council Members and Administration. I am Edythe Elaine Stinson. I reside at PO Box 8765, Canton 44711. I am requesting your support in voting no to the rezoning at 1750 Ira Turpin Way NE in Canton. I have signed along with 67 members of Antioch Baptist Church and 15 residents around the same address that would like you to vote no tonight. Thank you. PRESIDENT SCHULMAN: Thank you very much. Our next speaker, good evening. If you’ll give us your name and your residential address please. BEVERLY WILLIAMS: Good evening. My name is Minister Beverly Williams. I reside at 3200 Millvale Avenue NE, Canton, Ohio 44705. PRESIDENT SCHULMAN: Good evening. BEVERLY WILLIAMS: To Council, Mayor Healy and to all present. It is my belief as well as the belief of the Antioch Baptist Church that everyone deserves another chance. As a matter of fact, part of our ministries mission is restoration and equipping people through the word of God so it’s not just another chance but a better life. I sincerely believe that housing is needed for ex-offenders but the proposed house located at 1750 Ira Turpin Way COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -382- MINUTES OF THE MEETING JUNE 7, 2010 NE is only two doors west of our church. We have approximately 50 to 60 youth that attend various activities and services at our church three to four days a week. We are very concerned about the welfare and the safety of our youth because there are times when they have activities in our parking lot area that is very close to the proposed site. We have a responsibility to make sure that our youth are not put in a situation that could potentially endanger them. If this proposal is passed, not only would our children, our youth be at risk but so would the other many children that frequent the two city parks that are practically adjacent to this house. I understand that all of the residents would not be considered sex offenders but there’s still a risk to the safety of our children. Secondly there’s a restaurant that will be opening on the corner of Mahoning Road. I’m not sure but I am pretty certain that there will be alcohol served there which would raise another issue for those that would be housed there. I don’t think it would be fair or to the best interest of the proposed residents to be subjected to the temptations that would be surrounded by them. So I very strongly object to the passing of having this house for ex-offenders located at 1750 Ira Turpin Way NE. Thank you. PRESIDENT SCHULMAN: Thank you Reverend. Good evening. If you’ll give us your name and your residential address please. KENNETH ASH: Good evening. My name is Kenneth Ash. I live at 1105 Young Avenue NE. I’m here to voice my objection to the proposed zone change at 1750 Ira Turpin Way NE so they can house ex-offenders. I don’t know if the same law applies to parks and playgrounds as is schools and that is, this house has to be at least 1000 feet away. It is right across the street from a park and a playground and about a block from another park and playground. I have a pack of notices here which show the sex offenders that have moved into the neighborhood since 2002. I don’t know how many still live here because in this pack, one man has moved back into the same house every other month five times. In the houses I have listed there’s a half of dozen of them here that they’re living at. I think our neighborhood has endured enough. Thank you. PRESIDENT SCHULMAN: Thank you. Good evening if you’ll give us your name and your residential address please. BETTY BRADLEY: I’m Betty Bradley. I live at 1438 9th Street right off of O’Jay Parkway and what I’m saying, what I believe is, I don’t want it over there. We got senior citizens in that area plus children plus we got a lot of illegal activities going on. When you got illegal activity, you got also people who have done come home from prison. You’re putting them right back where they come from. Maybe you could perhaps find another section of town, but no I do not want them over there and several other people in that area wants them over there. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. Member Horner would you maybe get the microphone for the next speaker so we can hear her if that’s possible. Thank you very much. Good evening if you’ll give us your name and your residential address please. SHIRLEY CUNNINGHAM: My name is Shirley Cunningham. I live at 123 Marietta Avenue SE, Canton. I live in Canton Township and we fought this back from November until January in our neighborhood. He tried to put this basically in my front yard back at the Ambassador Motel. I find this absolutely horrendous that he has now jumped into Canton city and tried this. He stated in the paper that this has nothing to do whatsoever with the parks, the playgrounds and the children. And I have the paper here. I would like to know why he thinks it has nothing to do with the people who live there, the children who play there, you know I mean, that is a cruel and COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -383- MINUTES OF THE MEETING JUNE 7, 2010 a very selfish statement on his part. I just find it abominable that he is trying to put these places in areas where people live and children play and put people at risk. If the state wants to rehabilitate these people, they need to take this money that they pay these people, cause they pay them a lot to do this. They need to go out somewhere, they need be away from residential places. They need to build a facility. They need to man it with educated counselors and people to deal with these people. Not put this into the hands of somebody who does not have education to deal with these people. I have seen on television time and time again where sex offenders have got right on TV and said that they have never been cured of their problem. That they worry themselves to death. They are in constant counseling. They see the type of person that they molest or whatever and they constantly have this on their mind. This, you know, this is something that is not a cure. These people have this problem and they need proper people to deal with them. They need counselors to deal with them. They need educated people. They need people that will be there not just people that Jabez has volunteering to watch them or whatever. They need people that know what they are doing and I just, I just don’t believe that residential places I don’t care where it is and he’s praying on lower income areas so you know, this needs to be stopped. PRESIDENT SCHULMAN: Great, thank you very much ma’am. We appreciate it. Our next speaker, good evening. If you’ll give us your name and your residential address. BRENDA LANCASTER BAYLOR: Good evening. Brenda Lancaster Baylor. I live at 2722 Wood Owl Street NE, Canton, Ohio. I too was very active in the fight with Canton Township and I would like to applaud Canton Township because they realized that they had made some mistakes. They realized that they needed to take another look at their zoning and they changed it. Now here we go again with another zoning change. That worries me because I live in a neighborhood where let’s say for instance, maybe even me, decide that I could use 80 to $100,000.00 or more and so I decide to come down and apply to get whatever I need so that I can get the money to open up a halfway place, but unfortunately my zoning doesn’t say that so I’ll just come down and see if I can’t get it changed. It worries me if we can get zoning laws changed this quickly. It means that no one in the City of Canton is safe because at any given time someone may decide they want to have a zone changed and that’s that. As far as the people who are coming out, there is a tremendous amount of them that are going back and that speaks volumes about what is being done for them, which in my opinion is nothing. They are not getting what they need while they’re in prison and we pay for it. They are not getting what they need when they get out of prison and we pay for it therefore, over 50% of them go back to prison and we pay again. There is something wrong with this picture. It seems to me that there needs to be a committee of some sort, at least in the City of Canton. Who knows, we can be the front runners and say we need to take a serious look at this. We need to see where we can put these people and surely they should not all be in the southeast and the northeast end of Canton because that speaks volumes also. There are already a lot of places there. What’s wrong with the rest of town or what’s a wrong with out of town. Now if there’s money that is still being spent, if it is cheaper for the prisons to send them out without rehabilitating them and let anybody, including me if I choose to, rehabilitate these people then it seems to me that, that money could be spent more wisely because it’s also my money and I will cut it but I do have one more thing to say. I would be willing to serve on a committee because this is ridiculous. It is very, very unnerving to know that at any given moment somebody can decide they want a zoning law changed when we fought to get the one in Canton Township changed to where it is now and hopefully it will stay there but in Canton it just seems like you just come down and any time you want to, you change them. And I have a problem with that. Thank you. PRESIDENT SCHULMAN: Thank you very much. Good evening sir, if you’ll give us your name and your COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -384- MINUTES OF THE MEETING JUNE 7, 2010 residential address please. PETE DIGIACOMO: My name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. PRESIDENT SCHULMAN: Good evening sir. PETE DIGIACOMO: Thank you sir. Two ladies before me put it very, very elegantly as to why we shouldn’t have it. I agree with both the ladies. Where I live I have a sex offender, I’m gonna say within 150 yards of my house. There’s some other, there’s another one maybe about 4 blocks away. Personally I don’t feel that this type of a facility should be in a residential area or within the city of Canton. The other thing would be is, and I don’t think this is going to happen but, I would hate to be anybody voting yes for this and find out later that somebody from that establishment did another sex crime and somebody lost their life for it or anything like that. Thank you very much. PRESIDENT SCHULMAN: Thank you sir very much. Good evening if you’ll give us your name and your residential address please. TRACY DAVIDSON: My name is Tracy Davidson. I live at 2608 Kirby Avenue NE, Canton, Ohio. PRESIDENT SCHULMAN: And your daughter is doing a great job by the way. TRACY DAVIDSON: Good and good evening to you Allen Schulman and Mayor Healy and the committee. I am against it. Being that I personally have witnessed sexual predator and rape first hand, there’s no way I would vote to have that put over there. That close to me. That’s all I got to say. PRESIDENT SCHULMAN: Thank you very much ma’am. Finally, is there anyone else in the audience wishing to speak for or against this zone change. Would you please step forward? I see no one coming forward. The matter.....oh, I’m sorry, yes, good evening. If you’ll give us your name and your residential address please. MINNIE EVANS: My name is Minnie Evans. I live at 1461 9th Street NE, Canton. PRESIDENT SCHULMAN: Good evening. MINNIE EVANS: Good evening. Good evening to all of you. My family’s lived in that house for over 40 years and out of the 40 years my father moved in that house because of the fact that they moved us from the southeast end because they put the Detroit Diesel over there. So they moved us over there. Then when we got over there after five, six years, they wanted to move us out because they wanted to put some kinda highway through there. Then the next thing you know, they coming up with rezoning because they wanted to put something down at the creek bed. Then they came up with R.C. Millers, five years. We had twelve to fifteen inch rats and I’m not including the tail, coming in at our house, OK. We had to go through cats, we had to go through rat poison, we had to go through, they killed my dog. I had a golden retriever. They killed my dog. Now I’m telling you this because of the fact that we done been through the crap, OK. We done been through the crack heads. We done been through the homeless people. We have been through the boarded up houses and the doggone groundhogs. We done been through the possums. We done been through the skunks. We done been through the crap, OK. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -385- MINUTES OF THE MEETING JUNE 7, 2010 You all need to stop putting it on us. If you going to do something for us, clean it up. Fix it. Deal with it. Do your job. That’s what we hired you to do. Then the only thing that we get is crap. And we’re tired of it. Now you don’t want us to go vigilante but the only way we can fix this is to go vigilante, but because we got the crack heads they going vigilante to each other. So we got to protect ours. We paying for it. We paying you. We paying for everything around here but every time we turn around, we got to come up here and say no. Why do we have to say no when you are here to help us. You know what we want. That’s how you got up in here. So if you know what we wanted before you got up in here, why does everybody get amnesia when you get here. And we got to come back up here to say the same thing. No. Back up off. We’re trying to be respectful. We’re trying to clean up our yard. We’re cutting the grass like you say. You got the law going on, we cutting the grass, but my neighbors don’t cut theirs. But you want to bring in these ex-offenders. Then that’s going to be another issue that we got to deal with. I know your minute, I’m done. PRESIDENT SCHULMAN: (Laughter and applause) Well I wasn’t trying to cut you off, believe it or not. MINNIE EVANS: Then I can come back up there now. If you want to ask me a question. Ask me your question. PRESIDENT SCHULMAN: No, no, no. I, no, I, I just know we appreciate your remarks. We hear ya loud and clear, my only point was going to be, this is coming to us, not from us to you. MINNIE EVANS: I understand that but, even though it has not come from you, some of you have agreed to it. PRESIDENT SCHULMAN: Well, no, no. You’ll see. But thank you. Thank you very much. Is there any, thank you very much for those remarks. Is there anyone else desiring to speak for or against this Ordinance? Anyone? Yes sir. KENNETH LANCASTER: Hi, my name is Reverend Kenneth Lancaster. I am the President of Jabez Mentoring Counseling and Education. It is our organization that wants to house these individuals and I certainly understand the sentiment of the audience. However, statistics show, and I do have a study here from criminal justice. Statistics show that one month from being released is the hardest time for an individual to reacctlimate himself into society. When anyone has access to a computer, you can go on to the Stark County website, Stark County Jail website. In two miles of that facility there’s 181 ex-offenders in a two mile radius. In a one mile radius there are 79. The thing that I’m trying to say, they’re being released and they’re going to be released and most of them are living, live in that neighborhood. It’s not that we’re dumping them on the neighborhood, most of the crime that occurs and is all over the city, but a lot of us have family members who have been incarcerated, who have been in jail and they, when they come home if they wanted to try to better themselves, you know they have to have a good start. And studies have showed that this type of controlled environment actually makes the city safer. Now when I say safer it’s because it’s a controlled environment. I used to be a former, I’m a former parole officer. When you do the initial assessment and you go to that family’s home and you’ve never been there, then when he gets out and you go there, then when he gets out and you go there, you don’t, when you knock on that door you don’t know what you’re going to find. You don’t know if a pit bulls coming. You don’t know if they’re in the back smoking crack. You have no idea. This is going to provide better policing for our parole officers. Our parole officers will be safer. Canton City Police Department will be able to better police. The Stark County Sheriff’s Department will be better able to police these individuals. These individuals will be in a controlled environment. Like I said, you have 181 that no one even knows where they are. 181. You talking COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -386- MINUTES OF THE MEETING JUNE 7, 2010 about the parks. You talking about the playgrounds. What are we doing about the 181 in a two mile radius. No one saying anything about them. You know why, because nobody knows. We’re trying to control it. We’re trying to help these individuals. We just don’t provide housing. We provide services as well. We, we reintegrate the young men into the resources in the community that can help them whether it be mental health, whether it be substance abuse or whether it be veterans, whatever it is. So it’s not like we’re targeting an area. Citizen’s Circles. I worked with Councilman Hawk with Citizen’s Circles and doing the re-entry. Judge Charles Brown with the re-entry program. They understand that there is a need. These people are coming home. We cannot turn our heads, throw our heads in the sand and say we don’t want this because we are uninformed and we don’t understand, they’re coming home anyway. PRESIDENT SCHULMAN: You have about 10 seconds, Reverend. KENNETH LANCASTER: So I’m just, that’s what I wanted to let you know. PRESIDENT SCHULMAN: OK, great. Very good, thank you very much sir. OK. The matter now rests, yes, come on up. The matter will soon rest in the hand of Council. Good evening, if you’ll give us your name and your residential address please. LISA SIMS: Good evening everyone. I’m Lisa Sims, 2469 Applegrove Street NE in Canton, Ohio. I am part owner of RKL Properties along with Mr. Kevin Hall. I would just simply like to say that I understand everyone’s concern but just as Mr. Lancaster said, you are speaking of 10 individuals who will be monitored 24/7 and you will know, you know there will be knowledge of what they’re doing, where they’re going and what not as opposed to these other ones that are just being released. Nobody knows that they are in their backyard. Nobody’s monitoring, maybe adult parole authority comes in maybe once a week. I would also like to say that the house was constructed to be a group home, so there’s really no other use for it. Whether it’s for ex-offenders, veterans, or what not, that’s what the house was constructed for. And if I wasn’t given a verbal support that I could do this project, I would not have invested my money into the project. So at this time I would like to ask everybody to at least, I know you all received a letter from me and with my details so that I don’t have to be lengthy tonight, actually I hadn’t even considered even speaking because I sent out the letter but again like I said, the house, you know these will be individuals that the community will know that’s where they are, what they’ll be doing. There’s cameras, like I said 24/7, surveillance and what not, so again I’d like to ask your support for the zone change because if I didn’t feel I would have the support, I would have never made the investment. Thank you. PRESIDENT SCHULMAN: Thank you ma’am. Is there anyone else wishing to speak for or against this Ordinance? Yes sir, if you’ll give us your name and your residential address please. KEVIN HALL: Kevin Hall and I live at 3426 33rd Street NE and I’m the other part owner in RKL and just listening to everybody’s comments, would they rather have a situation, cause now we’re with this property and can’t get a zone change so what it’s saying is we might as well make it a junk yard. So would they rather see it turned into something worse because of this. I mean she was talking about the rats, I mean, the neighborhood isn’t where it’s in a big influence, where it would harm anybody because there’s not that many residents that close. The people are monitored, I mean they’re....I don’t see where, they’re talking about they should be somewhere else out in the middle of nowhere and that’s another jail. We’re trying to recup people into the society, not put them out and let ‘em just have no sense of coming back to a community and try to survive, so I mean whether it’s, wherever they are it could be kids. I mean are we saying we don’t want, there’s some sex COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -387- MINUTES OF THE MEETING JUNE 7, 2010 offender kids, they’re saying they don’t want them either? I mean you’ve got to give everybody their opportunity to become a human being. PRESIDENT SCHULMAN: Thank you very much sir. OK, is there anyone else wishing to speak for or against this Ordinance? I see no one else coming up. The matter now rests in the hands of Council and the Ordinance will follow immediately. Madame Clerk would you please read Ordinance 16. #16. (3RD RDG) DEFEATED AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1750 IRA TURPIN WAY) PUB HRG: 6/7/10 @ 7:30 PM PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 16. Are there any remarks under this Ordinance? Member Smith. MEMBER SMITH: Yes Mr. President. Could you please ask Mr. Martuccio to explain the procedures to follow in voting? PRESIDENT SCHULMAN: Yes, Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Thank you Member. Ladies and gentlemen this Ordinance is written in the positive, but let me make it as simple as I can. If you want the zone change and you would like to see the home for ex-offenders there, vote yes. If you don’t want the zone change changed and you don’t want to see the home for offenders there, vote no. The reason being this is currently zone Light Industrial. It’s given an I-1 category. The Ordinance is written to change it to a Planned Multi- Family Residential so again, if you want the zone change and you want to see the offenders group home there, vote yes. If you don’t want the zone change, vote no. Thank you. PRESIDENT SCHULMAN: Thank you Law Director Martuccio. Member Smith any other comments? Any other comments? Hearing none Madame.... MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: Can someone clarify, PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: One of the speakers came up and said, I don’t know Member Smith if you can COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -388- MINUTES OF THE MEETING JUNE 7, 2010 clarify this about, if I wasn’t given the OK to do this I wouldn’t have spent all this money. Do you know anything about that? MEMBER SMITH: Could you clarify that please? MEMBER DOUGHERTY: She said she was told that this zone change, the way I understood it, that it wasn’t, it would be OK or she wouldn’t have went forward and spent all this money. I just need clarification. MEMBER SMITH: OK, let me clarify that for you. When Miss Lisa Sims had approached me, it was that her sister was going to open up a MRDD home which her sister now runs a different type of home other than this Jabez home. We did not, I did not give her the OK because I didn’t have that authority. She talked to me about it and I said that it would be OK, that type of home. When it went to zoning it came in as Jabez and not the home that her sister was going to do and furthermore, I had discussed that with John Lucas when he had brought it up pertaining to Jabez home and at that point I stated then that I was opposed to it. And I am opposed to it now. MEMBER DOUGHERTY: Thank you. PRESIDENT SCHULMAN: Thank you Member Smith. Any other remarks under this Ordinance? Yes, Service Director. SERVICE DIRECTOR PRICE: If I could just say some, something about the procedure cause I in listening to the folks speaking in opposition to this, I just wanted to be clear to everyone that the zone change procedure is a statutory process and so there’s a great deal of due process and notice that goes out and so the applications made, you’ve got to fill out a form. Internally then we send notice to adjacent property owners. That issue then comes before the Planning Commission. Planning Commission makes a recommendation one way or the other to City Council and then City Council ultimately acts on that. And in each stage of that, there’s public notice given that, that matter appears on the agenda and so this will have been at least the second public meeting regarding this issue and I just want everybody to know it is a statutory process. The city, as the President indicated, basically received this request. We are processing as we have to do by statue and so no ones trying to pull the wool over anyone’s eyes and this has been a an up and up process and has followed the statues. Thanks. PRESIDENT SCHULMAN: Any other remarks? MEMBER WEST: Mr. President. MEMBER BARTON: Mr. President. PRESIDENT SCHULMAN: Member West, go ahead. We’ll, that’s OK, go ahead Member Barton. MEMBER BARTON: I have one question for maybe the Law Director on this. It’s my understanding that this house is relatively new. How is it that you could build a new house that is supposed to be a group home but yet it’s zoned light industrial? It just doesn’t make sense to me. Wouldn’t it be zoned first before you would even attempt to put that kind of money into a property? I don’t understand that. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -389- MINUTES OF THE MEETING JUNE 7, 2010 PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Barton, I don’t know the exact history or circumstances under which this home was constructed. I do know that under state law if the state were going to have a group home for people with disabilities for example, MRDD kinda place that was referred to, they could have up to five and that state law would trump local law. As the Service Director pointed out, we follow statutory or state procedures and in this particular instance my understanding is it would be ex- offenders as many as 10. I’m not sure that sex offenders would be allowed because of the restrictions that already exist in making sure there’s a certain amount of distance from churches and schools and so on. But the idea would be to house offenders. That would require a zone change. I don’t know why it wasn’t changed before, why this wasn’t pursued earlier, perhaps someone from the Planning Commission might have a better understanding of the history but it is properly before you and you as Council have the right in your discretion to vote for or against the zone change depending on how you see the safety and welfare of the community. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes Mr. President. This area, or this group home in my mind at this point in time, I’m all for ex-offenders getting rehabilitated. As you know, I’ve been a social worker for well over 20 years, and have worked with many populations, but that’s not what this is all about in my mind. Several weeks ago we had a consultant come from the Community Development Department and it was around NSP dollars. You probably remember they said very clearly that to build homes in my area, in Ward 2, it wasn’t marketable. It wasn’t marketable. That’s pretty deep. We had 3. what $3.6, $3.2 million and a lot of that money was supposed to go to Ward 2 and we wanted to see new construction built but they didn’t think it was marketable in Ward 2 and a lot of that come down to we have too many social ills in Ward 2. We have gang activity going on in the northeast side of town. We have as Minnie said, that community over there feel like they’ve been dumped on for far too long. And as my vote is going to support the residents, but at the same time, it’s supporting Ward 2 and trying to develop an area that have been neglected. In our, I just received, I was up in the Mayor’s office today and I’ve learned that we had a 134 homes on the demolition list for Ward 2. That means we’re trying to clean up a lot of the negative blight that exists within our area. Miss Sims and excuse me, the property owners of that, you know I understand your plight. I’ve worked in group homes. I’ve had group homes but I will say this, I also know that you’re a quality business and you’ve built many homes in this community through Lisa Sims homes and I welcome you to build many more in Ward 2 that we build up Ward 2 and we build up Ward 4 so that Wards 2 and Ward 4 is a more viable place to live and it becomes marketable so when these dollars come than we can build and people will want to move in Wards 2 and 4. Thank you. PRESIDENT SCHULMAN: OK, any other remarks? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: I got an answer, Councilman Barton to your question because it’s an excellent question and it’s one that I knew I had pondered. I’d found the answer to but couldn’t recall. What happen was this was, there was a group home that moved into an older home, there was a significant COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -390- MINUTES OF THE MEETING JUNE 7, 2010 expansion to it that was authorized by the Board of Zoning Appeals so, what they, what the Board of Zoning Appeals authorized was the expansion of a legal non-conforming use and this Council would have had nothing to do with that and that’s how this happened. So the Board of Zoning Appeals authorized that expansion. The use then ceased, and so now we have situation where the Board of Zoning Appeals at one time authorized that expansion of a legal non-conforming use and that’s also a statutory process. The use ceased for you know, a period of however long that they no longer have their non-conforming use status and so now the neighborhood is stuck with a structure and the property owners are kind of stuck with a structure that really has no use in a light industrial area so that’s how this happened. PRESIDENT SCHULMAN: Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 0 YEAS, 12 NAYS CLERK TIMBERLAKE: Twelve nays, Mr. President. #16 DEFEATED PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion does not carry. Ordinance 16 is not passed, is defeated. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks and we have what remains of our speakers. Reverend Leroy Groce is our first speaker, Reverend. Good evening sir, if you’ll step forward and give us your name and your residential address please. Good evening sir. LEROY GROCE: Good evening Mr. President. My name is Reverend Leroy Groce and I’m one of the ministers at Mt. Olive Baptist Church on 13th Street SE here in Canton and I own two vacant lots on 5th Street NE and I’m here concerning the violation of writings concerning grass that the city claims is too high. And I would like to know what does the city consider too high for grass. How high is too high? Now I have a letter here that was given to me by your office here and it says in excess of 9 inches high you in violation. My grass was only about 3 ½ to 4 inches high. I cut my grass every two weeks. I’m a little bit behind this week because it rained five days straight and people can’t cut grass. Now the city can because they got a machine. But we don’t have that kind we have, you know the regular mowers. So I don’t feel I’m in violation of anything because I know that my grass is not in excess of 9" or 8" rather. 8 inches. So I’m asking a letter of rescinding from the city. They had no business on my property in the first place because I was not in violation according to the city’s, and it says right here in 551.2 Prohibition and Penalties, “No person who is the owner and possession in control of any lot or land within the city shall permit the growth of noxious”, and God knows I don’t know what the word noxious means. What kind of weed is that? And it says “Noxious or other weeds or grasses or growing exceeding 8 inches in height” and my grass could not be 8 inches. Grass cannot grow 8 or 9 inches high in two weeks. I don’t know of any that can so I’m asking the city to see to it that the Street Supervisor do his work and do it properly and quit sitting in the office looking at his computer. Now, I am a retired supervisor from the U.S. Postal Service. I was a Field Supervisor just like this man is, or person, whoever it is, field person. I used to see the older fella out but he may have retired, but I used to see him in a small car all the time and he would see me cutting my grass. But I don’t ever see the person all this year I haven’t seen or last year I haven’t seen anyone pass by my property so if my time is up, I’m asking Mr. President that you will relate to, I see the Service Director, are you involved with the Street. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -391- MINUTES OF THE MEETING JUNE 7, 2010 PRESIDENT SCHULMAN: Well you can’t....we’ll be around after the meeting Reverend and we’ll be happy to answer your questions. LEROY GROCE: Yes and I’m expecting to hear from them because I know that my grass is never in violation. I mean to keep it very beautiful and clean. Thank you very kindly. PRESIDENT SCHULMAN: Thank you very much sir. Our next speaker is Ida Webb. Miss Webb, Miss Webb do I have that correct? Oh, I’m sorry. If you’ll give us your name and your residential address please. IDA WEBB: Ida Webb. 947 Sherrick Road SE. PRESIDENT SCHULMAN: Good evening. IDA WEBB: 44707. I’m talking about my property. I had contact City Development. It was three contractors came out to my home and they looked, each one of them said they would be back for my roof and windows and electric and I never heard from them since. My roof is leaking and every time I call Debra Singleton she would tell me she had contacted them and gave them all the information and she don’t know what’s going on. Now I want to know what’s going on. I was qualified and I passed everything and I haven’t got any help yet and I would like to know. I’m working with the City Development and one more thing. The lot next to me, at that time, Mr. Amos Duke owned that property. He’s been gone over 20 years. His trees, grass and has got to my fence and the limbs is over on my property. I called downtown and they said there was nothing they could do about it. When the storm came in 2008 it broke the tree half in two and it came over in my backyard. They didn’t do nothing about that. I had to pay someone to come in and cut that tree off to get it off of my property. I talked to them again and they said there wasn’t nothing they could do about it. Now if the tree wasn’t in my yard and it came from the other property, why couldn’t they do something about it. I would like to know. Thank you. PRESIDENT SCHULMAN: OK, thank you very much ma’am and as I said we’ll all be here after the meeting to address any concerns or questions you might have. Our next two speakers are going to speak on the same thing but our first speaker is William Sherer II. Mr. Sherer if you’ll come forward and give us your name and your residential address please sir, and good evening. WILLIAM SHERER: Hi Allen. I want to thank Council and the Mayor for letting me speak again. Regarding the Medline project. Really I’m not here to repeat the same story that was said about a month ago. Well what I’m here to do tonight is offer the assistance to city government from the Building Trades and the Ironworkers, as far as for us to help you guys make sure that those out of state contractors, and I’ll give you an example. The steel erectors that’s going to be starting the erection of the steel in the building, is from Tennessee, to make sure that those contractors are playing by the rules that you set up for them. You know, number one, since I made a comment about a month ago that since the Mayor appointed and City Council appointed me to the Income Tax Review Board for the city and that is a committee that is appointed by, that is the Mayor’s committee. That taking advantage of those resources you have, making sure that those out of state contractors are all paying their fair of the city tax since city government did annex the land down there. And you know maybe it’s a thought, you know I made a mention to Joe Martuccio before, you know maybe, I don’t know if the Income Tax Review Board is stepping out of their bounds and the realm that they, what they handle but why couldn’t they, you know enforce and monitor to make sure that those out of state contractors are paying their fair share of city tax. And also with Jeff Harris which is, you know, I do believe COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -392- MINUTES OF THE MEETING JUNE 7, 2010 Jeff’s from the Building Department. That he is the Prevailing Wage Coordinator for the city that the problem with prevailing wage is that those out of state contractors, if those guys that are setting the steel on that project are supposed to be paying their employees what our guys make on the check and the benefit package, but the problem with prevailing wage, even though it is a law, there’s no way to enforce it. So, really the only people to enforce it is the other crafts. It doesn’t matter if it’s the Ironworkers, the Carpenters, the Laborers, the Pipefitters and stuff like that. Now I understand and I can say this from, you know, the time that I’ve known Jeff Harris I think Jeff is doing an exceptionally good job for the city but I’m sure that he’s got a full plate and what I’m doing right now is extending the olive branch to the city that all the building trades would be willing to do, to help assist Jeff in monitoring that prevailing wage to make sure these out of state contractors are paying their guys what they’re supposed to be making and going by the comment that was made about 3 ½ weeks ago when I was down here, that it was requested I do believe by you Allen that all the certified payroll come before Council. You know I would be willing to go on my time, not on the city’s time, to help Jeff Harris monitor that prevailing wage. So and that’s, I do appreciate your time. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Sherer. Our next speaker on the same subject is Dave Kirven. Good evening sir. If you’ll give us your name and your residential address please. DAVE KIRVEN: Yea, Dave Kirven. 926 Wise Avenue SE, North Canton. First of all I just want to say, thank Council and the Administration for promoting local labor here with the PLA’s. Mr. Schulman spoke for the prevailing wage issues here a couple of weeks ago and so I got to say it’s got to, he probably was the most informed talk I’ve heard about prevailing wage from a Councilman since I’ve been in my position. But I wanted to speak on the building that’s being built out here by Medline. They’re building a, I’m sure everybody knows now, it’s a 350,000 square foot building that’s being built with the majority of out of state workers. To think about how big that building is, it’s about as long as a football field. I mean this is a good size building. I just want to ask with all these out of town workers, where’s the justice for our local workers? You know Medline’s been given thousands of dollars in taxpayers money and in return is bringing in the majority of the workers from out of town. There’s, that’s several hundred, thousand dollars in wages that’s going to be leaving this community and we can’t, right now we can’t afford for any $1.00 to be leaving this community. This is a prevailing wage site like Billy said and with that Medline is telling us they can bring in out of town worker, pay them the same wage to install the same materials as our workers and do it for less. Well I got news for Medline, you can’t bring, you can’t find tradesman that will work better, harder, faster, or safer than the tradesman that we have in our town. We’ve built everything from a house to a steel mill and I’d put our tradesman against any in the nation. With our local building trades is suffering almost 35% unemployment. How many of these out of state workers are going to come in when your schools need to vote for levies and your fireman need levies to vote on and your policeman are going to vote. Ain’t none of them going to show up, they can’t. We’re all here. You know why we’re going to vote for them, because we built all the facilities they work out of. We’ve been here forever. We need some help. How many of these guys, you know just to bring it down to a family sense, how many of these guys from out of town are going to coach your local ball team? How many are going to go down to the church and help out? So I mean, these guys aren’t just, they’re not just local workers these tradesman that are missing out on these jobs, they’re the fabric and the backbone of your community. And I just got one thing to say for Medline, local jobs for local people. Thank you. PRESIDENT SCHULMAN: Thank you, Dave. (APPLAUSE) Our last speaker is Cindy Mandrell. Miss Mandrell if you’ll speak forward and give us your name and your residential address please. And I met you earlier, good evening again. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -393- MINUTES OF THE MEETING JUNE 7, 2010 CINDY MANDRELL: Good evening. PRESIDENT SCHULMAN: What a phenomenal job you’ve done, but welcome. CINDY MANDRELL: My name again is Cindy Mandrell and I’m from 7967 Noriton Circle in North Canton, Ohio and although I do appreciate the kind words that several of you have said tonight, we’re not here for recognition. I’m the Director of Mission Bridge Ministries which is the ministry that does the C.O.O.L. project, community outreach of love that happened on Saturday this week in the Summit neighborhood. And I want you to know that the reason I am here, and the only reason I’m here is to draw attention to the spirit of love that exists in this community. We, I want to share some very conservative numbers with you because I do not want to exaggerate, OK. We had over 30 churches involved. Over 1,100 volunteers involved. We did over 120 houses in a 4 block area from 9th Street to 11th Street and High Avenue to Fulton Avenue. We fed 1,600 people and we had a team from New York City that were Korean and a team from Fremont, Ohio in the Sandusky area that came in along with these 30 churches and 1,100 people that fixed up and replaced porches, windows, steps, even foundations that were crumbling in the Summit neighborhood area. I’m not going to mention any business names because we don’t want to recognize anybody specifically, we want to recognize the spirit of unity that exists in the city. But there were replacement windows that were donated. There was a cement truck that was donated of cement. There were roll-off dumpsters. I was asked by the City of Canton at a meeting to get about eight 40 yard roll-off dumpsters. I called several companies and not one of them turned me down. When I had to get cement, we knew where to go, we weren’t turned down. When, the two weeks before the event was to happen we found out that the food that we were expecting was not going to be provided by the association that we thought was going to provide it. We needed 3,500 bags of potato chips or pretzels or something, we got 7,000. We needed to get 3,500 cookies. Two of them in a small bag or one big one in a big bag. We got over 7,000 cookies baked by people. We have a bunch of cookies in our freezer right now, OK. We replaced retaining walls because a company donated block to do retaining walls. We got 7,000 flowers donated by nurseries. We got dump trucks, dump truck full loads, full of mulch and top soil. We had whole houses painted. We had four skid loads of paint that was donated at gallon and five gallon quantities and stain by a company. We had companies that let us buy anything we needed at their cost. This can happen and this can happen over and over again. We have a theme and it’s, it is, “Transforming our communities one neighborhood at a time.” Members Hawk, West, Cirelli and Smuckler. Thank you for your presence there on Saturday, I appreciate it. I want you to know that this is an ongoing thing that we can only handle once a year but I would like to announce here right now that we have a vision and a plan and I believe it started on Henry Avenue last year and the significant thing is it starts in Canton, Ohio with the believers of these churches, the Christian churches and that is that we would like to see that the first Saturday in June nationwide become C.O.O.L. day, where communities come together and transform their communities one neighborhood at a time. So thank you, with your help, this vision is possible. (APPLAUSE) PRESIDENT SCHULMAN: Thank you. Thank you. What an incredible story and great work. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions. We have none tonight. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications are received as read. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -394- MINUTES OF THE MEETING JUNE 7, 2010 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 JUNE 7, 2010. 229. AUDITOR MALLONN: CERTIFICATE OF TOTAL AMT FROM ALL SOURCES FOR 2010. - RECEIVED & FILED 230. AUDITOR MALLONN: MONTHLY RPT BY FUNDS FROM 5/1/10 - 5/28/10. - RECEIVED & FILED 231. AUDITOR MALLONN: YEARLY RPT BY FUNDS FROM 1/1/10 - 5/28/10. - RECEIVED & FILED 232. BARTON, P., ANNEX CHAIRMAN: REQ LEGISLATION FOR STATEMENT OF SVCS FOR ARMY NAVY ANNEXATION IN CANTON TWNSHP OF 2.301 ACRES. - ANNEXATION COMMITTEE 233. COMPLIANCE DIR MINOR SMITH: REQ LAW DEPT TO REVIEW AGMTS FOR SVCS OF SECTION 504 COORDINATOR & NEEDS ASSESSMENTS FOR SMHA TENANTS WITHIN CANTON; AUTHORIZE MAYOR TO ENTER INTO AGMT WITH SMHA TO PROVIDE SVCS OF SECTION 504 COORDINATOR & CONDUCT NEEDS ASSESSMENTS FOR SMHA TENANTS. - FINANCE COMMITTEE 234. COMPLIANCE DIR MINOR SMITH: RPT OF MECHANICAL/ELECTRICAL SYSTEMS & ENERGY COST ANALYSIS OF THE EDWARD “PEEL” COLEMAN CTR. - RECEIVED & FILED 235. DOUGHERTY, D., WARD 6 CNL MBR: REQ LEGISLATION FOR $250,000.00 OF CDBG DOLLARS TO BE USED FOR THE MAHONING ROAD ECONOMIC DEVELOPMENT PROJ. - RECEIVED & FILED 236. KNIGHT, J., CRIME PRVT SPECIALIST: LETTER OF THANKS FOR SUPPORT OF HIS POSITION IN STARK COUNTY PROSECUTORS OFFICE. - RECEIVED & FILED 237. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 LIQ PERMIT FOR THATSA WRAPP LLC DBA THATSA WRAPP @ 600 6TH ST NW. - RECEIVED & FILED 238. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D5 LIQ PERMIT FOR ST HARALAMBOS GREEK ORTHODOX CHURCH DBA ALEX D KRASSAS EVENT CTR @ 251 25TH ST NW. - RECEIVED & FILED 239. SAFETY DIRECTOR REAM: DECLARE 34 BLDGS UNSAFE AND HAZARDOUS FOR WHICH DEMOLITION IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 240. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR PARKING LOT IMPROVEMENTS AT THE ARTHUR J. CIRELLI UTILITY PAYMENT CTR IN AMT NOT TO EXCEED $135,000.00. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -395- MINUTES OF THE MEETING JUNE 7, 2010 241. SERVICE DIRECTOR PRICE: AUTHORIZE THE ISSUANCE OF ANTICIPATORY NOTE IN AMT OF $2,000,000.00 FOR PURPOSE OF RETIRING ORIGINAL 2010 NOTE ISSUED ON 1/13/10 AUTHORIZED IN O#2/2010; NEW NOTE SHALL BEAR INTEREST RATE OF 2% PER ANNUM & SHALL BE DATED 7/13/10 MATURING 12/31/10. - FINANCE COMMITTEE 242. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR MAY 2010. - RECEIVED & FILED 243. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS TO AMBULANCE LOCK BOX ACCT FOR MAY 2010. - RECEIVED & FILED 244. TREASURER SCHIRACK: RPT OF TREAS OFC BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 5/28/10. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under First Reading Ordinances and Formal Resolutions for the First Reading. Let the journal show that all Ordinances are being given their Reading as required by State law and Madame Clerk will you please read the First Reading Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #9A FOR THEIR FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN THE AGGREGATE PRINCIPAL AMOUNT OF $1,800,000.00 FOR THE PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY. Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010, AS AMENDED; AND DECLARING THE SAME TO BE AN EMERGENCY ($8,500.00 FAIR HOUSING TRAVEL) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-28074 ON HAWK PL SE FOR TRINA FRAZIER) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -396- MINUTES OF THE MEETING JUNE 7, 2010 PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02- 24997 ON PATTERSON AVE SW FOR PHILLIP & ROBIN SHOWALTER) Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE OHIO DEPARTMENT OF DEVELOPMENT (ODOD), EXECUTE A GRANT AGREEMENT WITH THE ODOD AND ACCEPT UP TO $250,000.00 IN 629 ROADWAY DEVELOPMENT FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to PPCI and C&ED Committees #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($72,175.00 WIC ADMINISTRATION - HEALTH DEPT) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $21,000.00 TO ESLICH WRECKING COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE APPROVING THE SOLID WASTE MANAGEMENT PLAN OF THE STARK-TUSCARAWAS-WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental and Public Utilities Committee #9. (1ST RDG) A RESOLUTION DESIGNATING PUBLIC MONEYS AVAILABLE FOR ACTIVE AND INTERIM DEPOSITS AND DESIGNATING DEPOSITORY BANKS FOR SAID DEPOSITS Referred to Finance Committee #9A. (1ST RDG) ADOPTED AS ORDINANCE NO. 103/2010 AN ORDINANCE DECLARING 34 BUILDINGS TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee PRESIDENT SCHULMAN: At this time the Chair would declare an in house recess for the Community & Economic Development Committee to meet in regard to Ordinance #9A on your agenda. You are now in recess. (COUNCIL RECESSED AT 8:35 P.M. FOR THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #9A; RECONVENED AT 8:42 P.M.) PRESIDENT SCHULMAN: Okay, Council will reconvene after recess, Member Dougherty COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -397- MINUTES OF THE MEETING JUNE 7, 2010 MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 9A back on the agenda. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 9A 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: The motion carries. Ordinance 9A is a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Yes Mr. President, I move we suspend the Statutory Rules on Ordinance 9A. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rule on 9A. 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 DOUGHERTY: Mr. President, I move we adopt Ordinance 9A. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 9A. Any remarks on this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #9A ADOPTED AS ORDINANCE 103/2010 PRESIDENT SCHULMAN: Ordinance #9A has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Madame Clerk would please begin with Ordinance #10 please. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -398- MINUTES OF THE MEETING JUNE 7, 2010 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #10 THROUGH #15 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS : #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2011 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (ELSIE MCCARTHAN - PARCEL #02-02091 - LOT #28914 ON WAYNESBURG RD SE) #12. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF OUT LOTS 1308 AND 1309 IN MILLS INDUSTRIAL PARK NO. 1 AND OUT LOT 1326 IN MILLS INDUSTRIAL PARK NO. 2; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NOS. 97/2007 AND 63/2009; AND DECLARING THE SAME TO BE AN EMERGENCY (PROPOSAL FOR ARCHITECTURAL & ENG - NEW FIRE STATION #4) #14 (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR THE PURCHASE OF AN INDUCTIVELY COUPLED PLASMA-OPTICAL EMISSION SPECTROMETER (ICP); AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A THREE-YEAR CONTRACT WITH U.S. HEALTHWORKS MEDICAL GROUP FOR PROFESSIONAL MEDICAL SERVICES FOR CITY OF CANTON JOB APPLICANTS AND EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for their Third and final Reading and vote. Would you please read Ordinance 17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 104/2010 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 1/2010; AND DECLARING THE SAME TO BE AN EMERGENCY (ECONOMIC DEVELOPMENT GRANTS $450,000.00) PRESIDENT SCHULMAN: Leader Dougherty. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -399- MINUTES OF THE MEETING JUNE 7, 2010 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER PRATER: Seconded. 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 104/2010 PRESIDENT SCHULMAN: Ordinance #17 is adopted. Ordinance #18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 105/2010 AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO PROFESSIONAL SERVICE CONTRACTS FOR ALL CONTRACTUAL COMMITMENTS, INCLUDING BOND LEGAL COUNSEL AND RELATED BANK SERVICES NECESSARY FOR THE CITY OF CANTON TO ISSUE A BOND ANTICIPATION NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY (ESTATE OF SHAWN PIROLOZZI) MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: I move we adopt Ordinance 18. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #18. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE 105/2010 PRESIDENT SCHULMAN: Ordinance 18 is adopted. Ordinance 19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 106/2010 AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN APPLICATION TO THE OHIO DEPARTMENT OF DEVELOPMENT (ODOD), EXECUTE A GRANT AGREEMENT WITH THE ODOD AND ACCEPT UP TO $500,000.00 IN 629 ROADWAY DEVELOPMENT FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -400- MINUTES OF THE MEETING JUNE 7, 2010 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #19. 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. #19 ADOPTED AS ORDINANCE 106/2010 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #19 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. Member Hawk. MEMBER HAWK: Mr. President. Finance Committee will meet Monday, June 21, 2010 right here at 6:30 PM. PRESIDENT SCHULMAN: Thank you. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Community Development will meet same time, same place. PRESIDENT SCHULMAN: Thank you. Leader. MEMBER DOUGHERTY: Mr. President. Public Property and Capital Improvement will also meet that evening at 6:30. PRESIDENT SCHULMAN: Thank you. Member Cirelli. MEMBER CIRELLI: Yea, Mr. President, Public Safety & Thoroughfares. PRESIDENT SCHULMAN: Environmental. MEMBER CIRELLI: Environmental, excuse me, I was looking at something else on here. PRESIDENT SCHULMAN: It’s OK. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? Member Griffin. MEMBER GRIFFIN: Mr. President. I’d like to remind everybody that one June 16th the United States Woman’s National Softball team will be playing at Thurman Munson Stadium. It’s the only appearance in the United States before they go overseas. They’ll be playing the U.S. Futures team, 7:00 on June 16th. Tickets are $15.00, there’s double headers. It’s a double header, they’ll be an autograph session after the game and if you’re interested, seriously go up to the Rec Board now because they are looking for a sell-out. A guess all, a lot of teams high COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -401- MINUTES OF THE MEETING JUNE 7, 2010 school teams and that are buying tickets up in lots and if you’re interested in this kind of activity be intelligent, you know, go. PRESIDENT SCHULMAN: That’s got to be a great team. Yes, Member Smith. MEMBER SMITH: Mr. President, I would just like for everyone to keep Mr. John Swartz in their prayer. He’s still in the hospital. He just went through another surgery last week, so let’s keep him in prayer. PRESIDENT SCHULMAN: OK, we will. Thank you very much Member Smith. Member West. MEMBER WEST: Mr. President, I just wanted to speak a little bit about C.O.O.L. C.O.O.L. was an awesome event this past week. It was a really, it was a big blessing to our Ward and our community. I know Hawk probably would agree and Mr. Smuckler and Mary Cirelli. When I was down there it was just amazing and I invite everybody down to look at that Ward because in one day, one day they made a huge impact in the Ward from sidewalks that you couldn’t see, now you’re able to walk down those sidewalks and you can see a whole block of sidewalks that are clean. Houses painted and you should just hear the residents in that area. I mean all of them are just ecstatic at the event and I was as well and cannot stop talking about it in so much that in one week’s time, we had started out with Peace Day. We had Peace Day down at Nimisilla Park. We had Joyfest downtown where they gave free rides out, free carnival rides out to the kids and families and we had love. So we had Peace, Joy and Love in one week’s time. In seven days and it was very spiritual for Ward 2 even though we talked a little bit about our plight but we have a lot of good things and a lot of good people helping out and I am so proud of those three entities that brought this forth and several of us want to show our appreciation to you so hopefully we can do something next week for you. Thank you. PRESIDENT SCHULMAN: Thank you, Member West. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Cindy, I’d like to personally thank you. You came to us, we worked, you had a plan, you put everything together. How you got that whole thing organized is beyond me. You just made everybody in that whole community smile. We can’t thank you enough. It wasn’t that long ago that Mr. Smuckler and myself were on a night after Council when people came here to speak to us, we were down on Troy Avenue. It was an armed camp. They had people sitting on their front porches with guns. That very block was one of the busiest ones for being cleaned up and being renovated. They put some porches on, they did the flowers, the plantings, the mulch, the sidewalks. Thank you very much for what you did for our city. Thank you. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: Question to the Law Director. Law Director Martuccio what we heard hear tonight was some complaints and we’ve heard a lot of positive things but there was some complaints that I think this full body is quite upset about. Can it be written that when we’re doing business and giving companies like Medline monies, tax dollars. Can it be written as a policy that they have to use our own city employees and our own people in Stark County, our trades and what have you. Can that be written as a policy? And also another policy could possibly be what I heard that gentleman say he would volunteer to come and check. Can we structure something like that COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -402- MINUTES OF THE MEETING JUNE 7, 2010 so they can actually go out and check where these monies are going and are they paying their 2% tax to the City of Canton. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Cirelli two good questions. I’ll answer them in order. With regard to question number 1, the two word answer is it depends. We can, the State of Ohio and the City of Canton, when they give tax breaks, what some would call charitable handouts to corporations, can put some conditions on there. For example, in this case of Medline, the State of Ohio made it clear and the City of Canton made it clear that when they were going to get their tax abatements and the assistance they were getting in terms of federal and state dollars, they had to build it as a prevailing wage project, meaning the rates established by the State of Ohio based on trades and wages are calculated for a given region and they have to be built according to those wages. That’s called prevailing wage which is often the same as union. However, most of the money that this corporation is sending is it’s own private money. We cannot dictate that all of it’s private money that it is spending has to be spent by hiring local workers. We can dictate the terms of given money and tax abatements to some extent but when their spending their own money, we’re more limited. We can as a preference say, we will favor companies who come in and spend the bulk of their private money, their own money, their own savings if you will, and checking accounts, we will give preference to those who are willing to spend most of their money if not all of it, on local. They have contracts some of them, with companies in advance. Many of them are multi million dollar or in some cases larger corporations that already have contracts with how they’ll spend their money. Your second question is can we take up the offer to have someone accompany a city employee to ensure that they are keeping to prevailing wages and regulations and standards, perhaps. I was talking with the Service Director about the concept of perhaps some sort of intern. We have many departments that hire even volunteer interns for the summer. If, if you or I or a trade person were to go on that property without permission, it could be considered trespass however, if someone like that were able to work into being an intern or a volunteer that was part of the city structure perhaps, or even had the consent of the company, it could be done more easily. But even perhaps without the consent. That’s something that Mr. Price were talking about briefly. PRESIDENT SCHULMAN: Anything else Member Cirelli? MEMBER CIRELLI: Yes, thank you Mr. President. Since y’uns were conversing on it then I’m going to conclude that you’re going to take that under consideration and definitely make that come to fruition, am I correct sir at least on the second part and whatever we could do on the first part. It sure would be nice if we could say if you’re coming here and we’re giving you some breaks, as you said, give them some incentives to use our local people because you know, there’s an old saying “Charity begins at home”. Our people here at home are starving too. We all know what the unemployment rate is here and it just cuts all of us to the quick to hear that they’re transporting people from another area. I don’t know how on earth they would have to practically be paying them more money or else they’ll have less take home pay or doing some kind of provisions to make sure that they have some living places while they’re here, where our, our tradesman are living right here in this area. And I can see that if there’s some way we could give some incentives in that degree to try to get ‘em to encourage them to use our workers. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Cirelli I know that Service Director Price has been waiting to speak as well. He may finish this sentence but we’re willing to look into the very suggestion you’ve made. Obviously we all feel like you do that if we can do anything with our own dollars or our state dollars that pass through us or our federal dollars to help keep local and people employed we should. So if we COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -403- MINUTES OF THE MEETING JUNE 7, 2010 can develop a policy legally, we will look into that and work with our other departments to mandate or at least prefer that those monies be spent locally. And we will look into helping to see if we can take the generous offer of someone who wants to volunteer to help the city. In fact in our own Law Department there is an outside attorney whose volunteering to come in and help us with some collection procedures and we’ll probably take advantage of that as well. PRESIDENT SCHULMAN: You know before the Director speaks, I just think, and I’m not picking on Medline but I think we all ought to remember that these companies that come in that we give tax breaks to, we appreciate obviously and the Mayor and the Chamber and the rest of the administration has done a great job in bringing them in, but they don’t land here for nothing. I mean they make a business calculation. We give them the best land, the best deal, the best tax breaks. It is just incredibly, incredibly insensitive for a company like this to come in, take tax payer money and not hire local labor. I am just appalled by the, and again I think it’s just an amazing amount of insensitivity to a local issue which is so important to all of us. And I want to repeat again and maybe the Director can comment on this too, I did ask, I don’t know 6 weeks ago, I did ask for somebody to come in and give us the prevailing wage information and I would really appreciate that to be followed through. I think we all want to know what it is because I can tell you there’s a way to gain this system. It’s done all the time. They say they pay prevailing wage, they don’t. The city loses and I think the union members who were here made it very clear. If we used our own local labor, then we would get the tax benefit from it and it would be spent here. It’s not helping the City of Canton or Stark County or northeastern Ohio to have laborers from Tennessee come in. They take the money and they take it back. So I’m hoping Medline gets the message. I hope there’s somewhere where the Law Director can frame a piece of legislation that will certainly encourage companies like this to look at least strongly at our own people, particularly when they’re starving as Member Cirelli has indicated. With that said Director. SERVICE DIRECTOR PRICE: Thank you Mr. President. I’ll dove tail on the Law Director’s remarks and say a couple of things about Medline and that situation as well. And I have two other quick items, but Medline’s a $4,000,000,000.00 a year company. They’re nationally recognized. They’re a big supplier of medical equipment. We were in competition with various other communities including Green. There was a community in Pennsylvania. We got it because Mills Industrial Park afforded them the opportunity to break ground. Like any other company, Medline needed to be in this region. It’s like locating a cell tower. It needs to be somewhere that people need it and that put Canton on the map for them. And the city was ultimately able to seal the deal. Now, to say that Medline has not hired local labor, they have. I don’t have the numbers at my command but there are significant number of local laborers at the Medline site, maybe right now but certainly each day. Some of those are union, some of those are non-union. Now, we will assure in our process and we welcome the help of the building trades and I will work with the Law Director to see if we can have that happen. That may be a great long term thing in addition to this specific project for us to do certainly more eyes on this project is better. But to this point, and we’ll get you the prevailing wage information. Now that voluminous and it’s just reporting. It’s like tax forms basically. They’re telling us what, what they’re paying their folks and then were verifying that but it’s a lot of paper documentation. I actually had to provide it when I was in the private sector working for a masonry business and so I don’t, I don’t know what you’ll see out of it but you could certainly look at it and follow up on your own so we will get that to you. We have no reason to think that they’re not following the law. Med...Pantatoni Construction is a general contractor on that site has been meeting our prevailing wage requirements so far. We continue to keep on them. We welcome the building trades help and like I said, we’ll talk to the Law Director about that. But I also, in terms of, I guess defending Medline to some degree, I do want to point out that when Medline, when Medline committed to come to Canton, like any other business that wants to build something or us as homeowners, when we want to build something, they hired a contractor. That contractor is Pantatoni Construction. That contractor immediately began lining up the sub-contractors, so Medline signs a contract with their general contractor, then they begin signing contracts with their sub-contractors alright. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -404- MINUTES OF THE MEETING JUNE 7, 2010 If you’re concerned about who’s on that site, my suggestion would be, in addition to calling Medline, which I know some of you have done, contact Pantatoni Construction and I can, I don’t have it handy but I can give you the contact information and the right people to talk to there to raise your concerns because and I’m not Medline’s you know champion however, in their defense they hired Pantatoni Construction to build this building for them and I directly spoke with Medline’s Chief Operating Officer and other executive level officials and members of their board and, and I consider myself a decent judge of character, I trust that they called Pantatoni and you know put some pressure on Pantatoni. There are local trades on that site. Now, but additional pressure, should probably be shared with the general contractor. Medline hired them to construct this building and although they certainly have some control over their general contractor, they have to be careful and the lawyers in the room will know that if you exercise too much control, well it’s not a contractor anymore, you’re directing their activities. So, you know, I and the executive level management at Medline has communicated to me that they’re willing to talk to anybody in city government, anybody in this Council and that’s I guess all I’d say about the Medline project but I think it’s a good suggestion by the trades. We will follow up on that. PRESIDENT SCHULMAN: Director before you move on to a different point though as long as we’re on this point, it’s I think our general understanding that Medline has asked to come back for more tax payer money. Now that’s the other angle that I find to be so incredibly insensitive. I do talk and I do think the world of you, you know that, but I do take some exception to this idea that if you start saying I want to hire local labor, your now controlling the job. I don’t believe that’s the case. I think that’s just prudent business, particularly when you’re coming back to us and coming back to the citizens of this community asking for more tax breaks. You would think that a company that some sensitivity just on the bottom line itself, as far as tax breaks were concerned, would say, wouldn’t it be smart if we’re going to go back twice to City Council that we put local people to work so the people we represent can say thank you. You’ve done a good job for us. So that’s the other thing that really sticks in my craw and I, you know, I think the administration has to take some responsibility. They should be all over these people when they get our tax payers money to make sure that local labor entirely is used and under only exceptional circumstances would I accept and I think any of us would accept, a contractor saying, oh no I’m sorry, we’re going to get people out of Tennessee. No, you’re not. If you want people out of Tennessee then don’t come here because you’re not getting our money. And that’s the thing that I’m really most angry about. SERVICE DIRECTOR PRICE: And thank you Mr. President. And I, although I would describe myself and members of the administration having been all over Medline and Pantatoni Construction to hire local labor, trust me that’t what we all want. The, as the Service Director of this city, I, it’s a balancing act and this is a, this will be a corporate citizen in this community. They will contribute largely after these incentives do fall by the way side to our tax base. They’ll be employing Cantonians. They’re employing Cantonians right now and in the initial stages when these companies are and these communities are competing, we’re all giving the same incentive packages, these incentive packages are a given. If we hadn’t offered these up, they wouldn’t have even looked at the City of Canton and so we have pushed for that and we have been all over them but I’ve been all over them within the legal confines I have to work within. You know I think it’d be worth Council looking at how we handle these incentives and how far we can go in requiring that they use local labor and whether that labor is union or not. So those are all things we should look for in the future, but I, I think it should be known that we certainly have been all over Medline and all over Pantatoni Construction to utilize local labor wherever possible and they’re going to use, you’ll see more local labor come in at the point where they’re into the electric and plumbing because we have local licensing requirements. It would be very difficult for out of state contractor to meet and we ran into this same thing last year with Marathon and they ultimately had to bring in local labor and that speaks volumes about how our local labor preforms and so I think you will see before this projects over a lot more local labor on that site. There is local labor there now that the..... MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -405- MINUTES OF THE MEETING JUNE 7, 2010 PRESIDENT SCHULMAN: Thank you Director. MEMBER WEST: Before you, before you go on to another subject, you had mentioned something about us, them hiring right now. Is that also for their, once they get up and going? Are they hiring for that as well? SERVICE DIRECTOR PRICE: Well, I don’t, I don’t know. I don’t believe that they’re hiring right now for their actual employees that will work at the facility but I mean at some point they will be. MEMBER WEST: Well if we can get that information because we have a lot of residents in Ward 2, a lot of minorities normally don’t get that information until after the fact. I want to make sure our constituents get that information so we can have them apply at the right place. Thank you. SERVICE DIRECTOR PRICE: I will, I will follow up on that if I find out. The next issue just to follow up on Councilman Griffin and the softball tournament at Thurman Munson. Realistically we expect 5 to 7,000 people at Thurman Munson Stadium. This is a huge deal. We fairly quietly earlier this year really tried to spruce things up out there. We had a lot of city employees volunteer. We had even management out there working together with our union rank and file staining the deck out there and really trying to make it look nice. And I am very hopeful that this, having attracted this sort of nationally recognized tournament at that facility is I hope a jump start to Thurman Munson Stadium and I think it’s very important to point out that our ultimate goal is to again make that a source of pride for the City of Canton and as a suitable memory to Thurman Munson and something that his fans and his family and this city can be proud of and I think this tournament is a major step in the right direction and also making it self funding so, I would encourage Members even if you hadn’t been out to the stadium ever, lately, take a look. It’s amazing what some, just some hard work can do and it’s really looking good. Finally on a lighter note, I was very disappointed when I saw Tracy Mills explaining the Inductively Coupled Plasma-Optical Emission Spectrometer purchase because I wanted to be able to explain that to you myself just because I knew that being able to say Inductively Coupled Plasma-Optical Emission Spectrometer would give you all great faith in your Service Director just being able to say those words. (LAUGHTER) So it’s an important thing I’m sure that we’re buying but I....that was it so thank you ladies and gentleman. PRESIDENT SCHULMAN: And before we adjourn, let me say we do have great faith in the Service Director for saying that, it’s amazing and our Safety Director. Leader Dougherty. MEMBER DOUGHERTY: Yes, I move we adjourn. MEMBER PRATER: Seconded. 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: Meeting is adjourned. Thank you ladies and gentlemen. Safe trip home. (Gavel falls) COUNCIL PROCEEDINGS JOURNAL 98 JOURNAL PAGE -406- MINUTES OF THE MEETING JUNE 7, 2010 ADJOURNMENT TIME: 9:11 PM ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JUNE 7, 2010 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not necessary INVOCATION: Mark Butterworth, W ard 8 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#9A; add 2 nd Rdg O#10 - O#15; O#9A Adopted on 1st Rdg; O#16 Defeated) PUBLIC HEARINGS: 7:30 PM AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; LOCATED IN W ARD 4 @ 1750 IRA TURPIN W AY NE (JABEZ M.C.E. AND RKL PROPERTIES) FROM I-1 (LIGHT INDUSTRIAL) TO PR- 4 (PLANNED MULTI-FAMILY RESIDENTIAL); PLANNING COMMISSION RECOMMENDED APPROVAL (13 SPEAKERS) DEFEATED PUBLIC SPEAKS (CITY BUSINESS): Rev Leroy Groce owns two lots on 5 th Street SE and he received a letter of violation for the height of the grass. He stated that he m ows these lots regularly every two weeks and that it never grows over 3 to 4 inches so he could not be in violation. He would like to receive a letter from the Street Departm ent correcting this m atter. Ida W ebb contacted the Developm ent Departm ent som e tim e ago regarding a roof, windows and electric problem s with her property. There were contractors out to look at everything. She has been qualified and passed all criteria for assistance but now can’t get answers on the status of the help and her roof is leaking. Bill Sherer offering to help the city on his own tim e to help verify that the out of state contractors working at the Medline project are m eeting the prevailing wage guidelines set by the contract. Since he has been appointed to the Incom e Tax Review Board he wants to be certain that all necessary incom e taxes are paid into the city funds. Dave Kirven thanked Council for supporting the PLA agreem ents and assisting local labor unions. He stated that Medline is the largest facility to be built in this area by out of state workers and there will be over $100,000.00 in wages leaving our com m unity. He is concerned about justice for our local workers and feels that local jobs should be for local people. Cindy Mandrell is the Director of Mission Bridge Ministries and organized the C.O.O.L. function that was held last Saturday, June 5 th in the Sum m it area. There were 30 churches that had about 1300 volunteers and fed 1600 people who gathered to fix about 120 hom es in the neighborhood. Houses were painted, porches were repaired, retaining walls were built, sidewalks were replaced and just an overhaul of several blocks by a lot of hard working people. Many com panies stepped up and donated these item s to assist in m aking this happen. She knows that we can transform our com m unity one neighborhood at a tim e and would like the first Saturday in June to becom e National C.O.O.L. day for all cities. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 229. AUDITOR MALLONN: CERTIFICATE OF TOTAL AMT FROM ALL SOURCES FOR 2010. - RECEIVED & FILED 230. AUDITOR MALLONN: MONTHLY RPT BY FUNDS FROM 5/1/10 - 5/28/10. - RECEIVED & FILED 231. AUDITOR MALLONN: YEARLY RPT BY FUNDS FROM 1/1/10 - 5/28/10. - RECEIVED & FILED 232. BARTON, P., ANNEX CHAIRMAN: REQ LEGISLATION FOR STATEMENT OF SVCS FOR ARMY NAVY ANNEXATION IN CANTON TW NSHP OF 2.301 ACRES. - ANNEXATION COMMITTEE 233. COMPLIANCE DIR MINOR SMITH: REQ LAW DEPT TO REVIEW AGMTS FOR SVCS OF SECTION 504 COORDINATOR & NEEDS ASSESSMENTS FOR SMHA TENANTS W ITHIN CANTON; AUTHORIZE MAYOR TO ENTER INTO AGMT W ITH SMHA TO PROVIDE SVCS OF SECTION 504 COORDINATOR & CONDUCT NEEDS ASSESSMENTS FOR SMHA TENANTS. - FINANCE COMMITTEE 234. COMPLIANCE DIR MINOR SMITH: RPT OF MECHANICAL/ELECTRICAL SYSTEMS & ENERGY COST ANALYSIS OF THE EDW ARD “PEEL” COLEMAN CTR. - RECEIVED & FILED 235. DOUGHERTY, D., W ARD 6 CNL MBR: REQ LEGISLATION FOR $250,000.00 OF CDBG DOLLARS TO BE USED FOR THE MAHONING ROAD ECONOMIC DEVELOPMENT PROJ. - RECEIVED & FILED 236. KNIGHT, J., CRIME PRVT SPECIALIST: LETTER OF THANKS FOR SUPPORT OF HIS POSITION IN STARK COUNTY PROSECUTORS OFFICE. - RECEIVED & FILED 237. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 LIQ PERMIT FOR THATSA W RAPP LLC DBA THATSA W RAPP @ 600 6 TH ST NW . - RECEIVED & FILED 238. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D5 LIQ PERMIT FOR ST HARALAMBOS GREEK ORTHODOX CHURCH DBA ALEX D KRASSAS EVENT CTR @ 251 25 TH ST NW . - RECEIVED & FILED 239. SAFETY DIRECTOR REAM: DECLARE 34 BLDGS UNSAFE AND HAZARDOUS FOR W HICH DEMOLITION IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - JUNE 7, 2010 COM M UNICATIONS CONTINUED: 240. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR PARKING LOT IMPROVEMENTS AT THE ARTHUR J. CIRELLI UTILITY PAYMENT CTR IN AMT NOT TO EXCEED $135,000.00. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 241. SERVICE DIRECTOR PRICE: AUTHORIZE THE ISSUANCE OF ANTICIPATORY NOTE IN AMT OF $2,000,000.00 FOR PURPOSE OF RETIRING ORIGINAL 2010 NOTE ISSUED ON 1/13/10 AUTHORIZED IN O#2/2010; NEW NOTE SHALL BEAR INTEREST RATE OF 2% PER ANNUM & SHALL BE DATED 7/13/10 MATURING 12/31/10. - FINANCE COMMITTEE 242. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR MAY 2010. - RECEIVED & FILED 243. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS TO AMBULANCE LOCK BOX ACCT FOR MAY 2010. - RECEIVED & FILED 244. TREASURER SCHIRACK: RPT OF TREAS OFC BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 5/28/10. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. PROVIDE FOR THE ISSUANCE & SALE OF BOND ANTICIPATION NOTES IN THE AGGREGATE PRINCIPAL AMT OF $1,800,000.00 FOR THE PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT- APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY (ESTATE OF SHAW N PILOZZI) Referred to Finance Com m ittee 1 ST RDG 2. AMEND APPROP O#1/2010; EMERGENCY ($8,500.00 FAIR HOUSING TRAVEL ) Referred to Finance Com m ittee 1 ST RDG 3. ESTABLISH FAIR REUSE VALUE OF ONE PARCEL OF CITY-OW NED PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL # 02-28074 ON HAW K PL SE FOR TRINA L FRAZIER) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 4. ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-24997 ON PATTERSON AVE SW FOR PHILLIP & ROBIN SHOW ALTER) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR TO SUBMIT AN APPLICATION TO OHIO DEPT OF DEVELOPMENT (ODOD), EXECUTE A GRANT AGMT W /ODOD & ACCEPT UP TO $250,000.00 IN 629 ROADW AY DEVELOPMENT FUNDS; EMERGENCY Referred to Public Property Capital Im provem ent and Com m unity & Econom ic Developm ent Com m ittees 1 ST RDG 6. AMEND APPROP O#1/2010; EMERGENCY ($72,175.00 W IC ADMINISTRATION-HEALTH DEPT) Referred to Finance Com m ittee 1 ST RDG 7. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $21,000.00 TO ESLICH W RECKING CO.; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 8. APPROVE SOLID W ASTE MGMT PLAN OF STARK-TUSC-W AYNE JOINT SOLID W ASTE MGMT DISTRICT; EMERGENCY Referred to Environm ental and Public Utilities Com m ittee 1 ST RDG 9. RESOLUTION DESIGNATING PUBLIC MONEYS AVAILABLE FOR ACTIVE & INTERIM DEPOSITS AND DESIGNATING DEPOSITORY BANKS FOR SAID DEPOSITS Referred to Finance Com m ittee (COUNCIL RECESSED AT 8:35 PM FOR COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #9A; RECONVENED AT 8:42 PM) 103/2010 9A. DECLARE 34 BLDGS TO BE PUBLIC NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BLDGS; AUTHORIZE CLERK OF CANTON CITY COUNCIL TO CERTIFY COSTS OF DEMOLITION TO STARK CNTY AUDITOR; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#10 - O#15) 2 ND RDG 10. AUTHORIZE MAYOR TO ENTER INTO AGMT W /STATE OF OH, DEPT OF REHAB & CORRECTIONS ACT GRANT IN AMT NOT TO EXCEED $170,601.00; EMERGENCY (FIN) 2 ND RDG 11. ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP; AUTHORIZE SALE & CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPOSITION PROG; EMERGENCY (PARCEL #02-02091 ON W AYNESBURG RD SE FOR ELSIE MCCARTHAN) (C&ED) CANTON CITY COUNCIL AGENDA - PAGE 3 - JUNE 7, 2010 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 12. APPROVE & ACCEPT REPLAT OF OUT LOTS 1308 & 1309 IN MILLS INDUSTRIAL PARK NO. 1 & OUT LOT 1326 IN MILLS INDUSTRIAL PARK NO. 2; EMERGENCY (PS&T) 2 ND RDG 13. AMEND O#97/2007 & O#63/2009; EMERGENCY (REVISED PROPOSAL FOR ARCHITECTURAL & ENG SVCS FOR NEW NO. 4 FIRE STATION) (JUD) 2 ND RDG 14. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT IN AMT NOT TO EXCEED $100,000.00 FOR PURCHASE OF AN INDUCTIVELY COUPLED PLASMA-OPTICAL EMISSION SPECTROMETER; EMERGENCY (PPCI) 2 ND RDG 15. AUTHORIZE SERV DIR TO ENTER INTO A 3-YR CONTRACT W /US HEALTHW ORKS MEDICAL GROUP FOR PROFESSIONAL MEDICAL SVCS FOR CITY JOB APPLICANTS & EMPLOYEES; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: DEFEATED 16. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1750 IRA TURPIN W AY) PUB HRG 6/7/10 @ 7:30 PM 104/2010 17. AMEND APPROP O#1/2010; EMERGENCY (ECONOMIC DEVELOPMENT GRANTS $450,000.00) 105/2010 18. AUTHORIZE AUDITOR TO ENTER INTO PROF SVC CONTRACT FOR ALL CONTRACTUAL COMMITMENTS, INCLUDING BOND LEGAL COUNSEL & RELATED BANK SVC FOR CITY OF CANTON TO ISSUE A BOND ANTICIPATION NOTE; EMERGENCY (ESTATE OF SHAW N PIROLOZZI) 106/2010 19. AUTHORIZE MAYOR TO SUBMIT APPLICATION TO OHIO DEPT OF DEVELOPMENT (ODOD), EXECUTE A GRANT AGMT W /ODOD & ACCEPT UP TO $500,000.00 IN 629 ROADW AY DEVELOPMENT FUNDS; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JUNE 21, 2010 in Council Chamber at 6:30 P.M . 1) Finance Com m ittee 2) Com m unity & Econom ic Developm ent Com m ittee 3) Public Property Capital Im provem ent Com m ittee 4) Environm ental & Public Utilities Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Griffin encouraging all who are interested to attend the U.S. W om an’s National Softball Team tournam ents at Thurm an Munson Stadium on June 16, 2010 for a 7:00PM double header. This will be the only U.S. appearance and the cost is $15.00. They are expecting a sell out crowd so get your tickets early. Mem ber Sm ith asking all to keep John Swartz in your thoughts and prayers from his accident. Mem ber W est thanking C.O.O.L. for such an awesom e event Saturday. He invited all Mem bers and citizens to com e over to this neighborhood and look at the difference that was m ade to an area in just one day. He m entioned that beginning with the Peace Day event, the Joyfest and now this, that our com m unity had experienced Peace, Love and Joy within a week which is nice in our current tim es. Mem ber Hawk thanking Cindy Mandrell for all her efforts in organizing the C.O.O.L. event. He does not know how she puts this whole thing together but he just can’t believe the change in this neighborhood. Mem ber Cirelli asking the Law Director if we can write up a policy to force com panies building in our area to use local contractors and can we verify that all workers pay the required 2% incom e taxes on wages and will prevailing wages be verified by out of state workers. Law Director Martuccio stating that when a city provides tax abatem ents or cuts to a com pany they are able to have som e stipulations on the workers but if a com pany is using their own funds, we can’t give guidelines. W e could only state that preference would be given to com panies that do use local em ployees and yes the city is able to verify that incom e tax m onies are being paid correctly and they will look into all options with this project. President Schulm an stating that while there is appreciation for com panies com ing into this area and creating jobs, he feels that local labor should always be used in these tim es of need. He still wants to see the prevailing wage reports. He just can’t believe that Medline has com e back and asked for additional funds while not using the local unions for this job. They com e and work here then take the m oney hom e to their state. Service Director Price telling all that Canton was in a com petition with several cities to receive the Medline project have the com pany located here. He has no reason to feel they are not m eeting the prevailing wage requirem ents and he will be happy to provide all reports to Council for review. He also stated that there will be additional local unions em ployed as this project m oves on within different building trades because of the various specialties such as electrical and plum bing. He then rem inded all that once the building is com pleted that all of the ongoing em ployees will be Cantonians. Director Price m entioned the W om an’s Softball tournam ent as well and how fortunate we are to have this in our area. Thurm an Munson Stadium received a facelift a couple of m onths back and he suggested everyone take a look at the updates. He is hopeful that this function will jum p start som e further activity there. ADJOURNM ENT: 9:11 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 21, 2010 @ 7:30 PM

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