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City Council

Regular Meeting

Canton, OH · January 24, 2011

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -31- MINUTES OF THE MEETING JANUARY 24, 2011 PRESIDENT SCHULMAN: Good evening ladies and gentleman and welcome to Canton City Council. This sound system always scares me now so I apologize if I’m screaming in anyone’s ear. Before we begin tonight’s meeting on a much more serious and somber note, Chief Rich is here and if the Chief would, I think he’s here. If you’ll step forward just, if you’ll, we’re going to take a moment of silence but I want the Chief to at least introduce the moment of silence. So Chief, welcome. Thank you for being here. CHIEF RICH: Thank you President Schulman. Mayor Healy, cabinet, Members of Council, I’m here with a sad note that today we lost one of our Captains in the Fire Department. Captain John Snodgrass passed away in Cleveland Clinic with complications from a stroke that he recently suffered. He was a 34 year veteran of the Fire Department. He came on April 18, 1977 and was promoted to Captain on September 10, 2001 and “Big John” as he was affectionately known will be sorely missed by all that knew him and worked with him and I ask for a moment of silence. PRESIDENT SCHULMAN: Thank you very much Chief. If we’ll take a moment of silence to remember Captain Snodgrass. (MOMENT OF SILENCE) PRESIDENT SCHULMAN: Thank you. Thank you Chief very much and our deepest condolences to the Captain’s family and the department for that loss. With a quorum present the Chair does call 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, JIM 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 my, Ward 7 Councilman Patrick Barton. Will you please all remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on January 24, 2011 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 7 Council Member Patrick Barton. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Pat for the invocation. We’re now under Agenda corrections and changes and Members of Council, you’re going to be asked to suspend Rule 22A to add the 2nd Reading of Ordinances 2 and 3. Informal Resolution #3 will be Retained in Committee. Leader. MEMBER DOUGHERTY: Mr. President, I suspend, make a motion to suspend Rule 22A to add Ordinances 2 and 3 on the 2nd Reading and keep Informal Resolution 3 in Committee. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -32- MINUTES OF THE MEETING JANUARY 24, 2011 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A. 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: Thank you Madame Clerk. Rule 22A is therefore suspended and the Ordinances are a legal part of our Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business and I understand from the Mayor’s Chief of Staff and our outstanding Service Director, Warren Price, there is no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We do have three speakers signed up this evening, I believe. Our first speaker will be Michael Bush. Mr. Bush are you here? How about Beverly Bush? I think they’ve left. Alright so that leaves, saves the best for last. I’d like to welcome Pastor Walt Moss to the podium. Welcome Pastor and if you’ll give us your name and the, for the record we’d appreciate it. PASTOR WALT MOSS: Pastor Walt Moss, 1601 Harvard NW, Canton, Ohio. There’s three things. Today was the March for Life in Washington and I just want the community to know that in my heart I paused also for all the unborn babies. This past week we had the, I’m sorry, Voucher Program and the city administration had approached me and I am the President of the IMA and I just wanted to name the churches who participated in the voucher program that we had on last Thursday and for me it was a success. The First Church of the Resurrection, Bethel CME Church, Sherrick Road Church of God, Lighthouse Church, Pentecostal Temple Church of God and Christ, Canton District Church of God and Christ, the Drop-in Center, Life and Christ Church, Fall to Pray Ministries, Mt. Zion Church of God and Christ, Canton Four Square Church, the IMA, Cathedral of Life, Life Ministries International, Grace Church, Grace Community Church, Beaver’s Excavating sent a check in and also we had numerous people calling and asking how they could help from the community. The American Rescue Worker’s Church also helped and I just wanted to say to the Mayor and to the Development Department, they did a great job. The Churches raised about, in a couple weeks, we raised about $2,300.00 and I’m just thankful that we could be a part of helping people and if you could see the smiles on many peoples face, they were thankful to receive those $20.00 vouchers. So I hope that we continue to keep that program going because it’s definitely needed. The third thing I have and it was passed out to Council, the 2011 Amnesty Program. This is through the Municipal Court. About 5 or 6 years ago I was a part of the organization that helped to spearhead this into Canton Municipal Court and they’ve been doing it after we had, had kind of a not become a part of what they had been doing and we didn’t realize that the Court continued on every February and so I went and talked to them and their whole challenge was they weren’t getting a lot of people coming with misdemeanors and I told them that, number 1 a whole lot of people don’t know about it and COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -33- MINUTES OF THE MEETING JANUARY 24, 2011 secondly when people hear about it they think it’s a program where you come up to City Hall and you’re going to get arrested and when I was a part of it, I had people call me and I would actually myself or other ministers, we would come up here with them to kind of guarantee that they wouldn’t get arrested and, but I just think it’s very important because the Court realizes that if they get 500 people, 1,000 people that’s $150.00 a person. That’s money back to the Canton City, to the Municipal Court, to the State of Ohio, so I, you know talked to the Court Administrator. They’ve been doing it but my whole point is, you can do it better. You can let the people really know that this is not a program that they’re going to be arrested but we want to help you get these warrants off the docket. Thank you. PRESIDENT SCHULMAN: Thank you Pastor and thank you for all your hard work. (APPLAUSE) MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Before Pastor Moss sits down, what was the total number of people that was served in the program? PASTOR WALT MOSS: 740. MEMBER WEST: 740 received food vouchers. Is that right? PASTOR WALT MOSS: Yes from 9:00 AM to 1:30 PM. MEMBER WEST: Alright and I just wanted to thank you for your aggressiveness and assertiveness and staying on top of the Amnesty Program. I appreciate that. PASTOR WALT MOSS: I had no problem with security because I was in charge. MEMBER WEST: Alright. (LAUGHTER) PRESIDENT SCHULMAN: Thank you Pastor, Mayor. MAYOR HEALY: Thank you Mr. President and Pastor Moss. Thank you so much for all the hard work you did on that. We had a lot of conversations with a lot of folks out there, a lot of Pastors were involved and folks in the community. This is a continuation of the Canton Cares Program where we were not only able to partner with the folks in the community where they actually put up some money to match city dollars, but those dollars where severely needed for those folks that were able to take advantage of them but just so you know the rest of the story, those vouchers were for $20.00 each although families of four or more got 2 vouchers and those with three or less got one voucher. Those vouchers were good for Fisher Foods, at Fisher Foods at Cherry Avenue and Harrison Avenue stores in the city and they were good for food and toiletries, but the result of that was that we were also able to help out a local business and a local business owner who also has challenging time as the economy’s down and winter time comes. So Fisher Foods was able to benefit as well by having those dollars being spent at their stores so this not only helped the community but helped local business which helps retain jobs and again it was one of those things that benefitted our community greatly and because of your work and COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -34- MINUTES OF THE MEETING JANUARY 24, 2011 so many others, it was a success so thank you. PRESIDENT SCHULMAN: Great, thank you Mayor very much. Just one more comment on that very note. The Mayor and I and Rafael Rodriguez met with Mr. Fisher today to discuss his grocery stores which are locally owned, locally managed, locally staffed, union, living wage, health insurance for over 75 years. This is the kind of local business we need to support. I know I talked to Brian, Member Horner and Member Prater earlier about making contact with Fisher Foods. They have a store on Cherry. They have a store on Harrison and they’re in competition with WalMart. And being in competition with a $50,000,000,000 business is not easy and we know that WalMart has come into areas and has just closed up locally owned business, so we’re trying to support these locally owned businesses which provide a living wage for our citizens in our community so I want to reiterate Pastor, thank you very much for all your hard work. Mayor I want to congratulate you and the administration. It means a lot. It means not only food to these families but it’s supporting a local business which employs our local citizens so it’s a win, win, win. Pastor thank you again for your hard work. I appreciate it. Are there any other comments? INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Let’s go on to Informal Resolutions. We have one tonight. Madame Clerk will you please read Resolution 2 by title. #2. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPT OF JOSEPH FRIEDMAN AND DAVE GRABOWSKI AS HVAC CONTRACTORS AND DAVID KIRVEN AS PLUMBING JOURNEYMAN TO THE CANTON CONSTRUCTION BOARD COMMENCING 1/1/11 - 12/31/13. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 2. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 2. Any remarks under this Resolution? Hearing none, by voice vote, all those in favor of Resolution 2, say aye. Those opposed no. NO REMARKS RESOLUTION #2 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JANUARY 24, 2011. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -35- MINUTES OF THE MEETING JANUARY 24, 2011 21. CANTON JOINT RECREATION DISTRICT: RECEIPT OF 2010 DIRECTOR’S ANNUAL REPORT. - RECEIVED & FILED 22. CIRELLI, M, CNCL-AT-LG & SMUCKLER, B, CNCL-AT-LG: REQ ORDINANCE ESTABLISHING A LAND BANKING PROGRAM FOR CITY OF CANTON. - JUDICIARY & COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 23. COMMUNITY DEV DIRECTOR WILLIAMS: ESTABLISH FAIR REUSE VALUE OF REAL PROPERTY & AUTHORIZE DISPOSITION OF SAID PROPERTY (PAUL SLENTZ- PARCEL #02- 00706 ON KENNET COURT NW). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 24. COMMUNITY DEV DIRECTOR WILLIAMS: REQ LEGISLATION IN CONJUNCTION W/LAW DEPT TO CONVEY THE PEEL COLEMAN COMMUNITY CENTER TO THE CCIC TO PROVIDE ENHANCED ECON & COMM DEV BY WORKING WITH SMHA TO SECURE A LARGE GRANT W/WHICH SMHA WILL PURCHASE, RENOVATE & STAFF THE CENTER. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 25. HAWK, G, FINANCE CHAIRMAN: REQ TO SUSPEND ALL TRAVEL UNLESS RELATED TO CERTIFICATION, LICENSING & COURT EFFECTIVE IMMEDIATELY UNTIL 12/31/11. - FINANCE COMMITTEE 26. HEALTH COMMISSIONER ADAMS: REQ TO APPROP $366,580.00 FROM UNAPPROP FUNDS OF THE 2328 PHEP FUND (SUPP ADJUSTMENT FROM THE OH DEPT OF HEALTH FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS). - FINANCE COMMITTEE 27. LAW DIRECTOR MARTUCCIO: REQ TO DRAFT LEGISLATION TO ALLOW MAYOR OR SERV DIR TO ACCEPT THE DONATED LABOR, INTERIOR DESIGN SCHOOL PROJ MATERIAL & FURNISHINGS FROM KENT STATE UNIV; ENTER INTO NECESSARY AGMTS W/DR. EVANS TO EFFECT THE PROJ; ALSO REQ THAT AN INFORMAL RES OF COMMENDATION BE PREPARED FOR DR. EVANS, HER 33 STUDENTS, 4 FACULTY & MANY DONORS FOR THEIR VOLUNTEERING & DONATIONS. - FINANCE COMMITTEE 28. MAYOR HEALY: ADVISING OF RE-APPT OF DONALD PETERSON III TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION COMMENCING RETROACTIVELY 1/1/11 - 12/31/11. - RECEIVED & FILED 29. MAYOR HEALY: ADVISING OF APPT OF MIKE BROWN TO THE CANTON PARK COMMISSION RETROACTIVE TO 1/1/11 - 12/31/13. - RECEIVED & FILED 30. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE @ 1700 55TH ST NE FROM MA (MUNICIPAL AGRICULTURE) TO PMA (PLANNED MUNICIPAL AGRICULTURE) TO ALLOW FOR CONSTRUCTION OF SIX VILLAS FOR BED & BREAKFAST ACCOMMODATIONS & A CONFERENCE CENTER BLDG (GERVASI VINEYARDS). - JUDICIARY COMMITTEE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -36- MINUTES OF THE MEETING JANUARY 24, 2011 31. SAFETY DIRECTOR REAM: AMEND O#124/2009 TO REDUCE NUMBER OF AUTHORIZED EMPLOYEES IN CLASSIFICATION OF CAPTAIN FROM 4 TO 3, LIEUTENANT FROM 15 TO 10 AND SERGEANT FROM 20 TO 17 PURSUANT TO AGMT BETWEEN FOP & CITY. - PERSONNEL COMMITTEE 32. SAFETY DIRECTOR REAM: REQ AUTHORIZATION TO ACCEPT & APPROP PROJ SAFE NEIGHBORHOOD GRANT IN AMT OF $10,000.00 TO REIMBURSE POLICE DEPT OVERTIME FOR DIRECTED PATROL PROJECTS; GRANT PERIOD RUNS FROM 12/01/10 TO 06/30/2011. - FINANCE COMMITTEE 33. SAFETY DIRECTOR REAM: REQ LEGISLATION CONCERNING FORMALIZING OF A NEW TWO YR CONTRACT W/CANTON PROF FIREFIGHTERS ASSOC BARGAINING UNIT WHICH WOULD RUN FROM 11/1/10 - 10/31/12. - PERSONNEL COMMITTEE 34. SERVICE DIRECTOR PRICE: REQ TO RATIFY ACTIONS FOR THE REPLACEMENT OF PACKER TRUCK ON AN EMERGENCY BASIS & APPROVE PAYMENT TO PREMIER TRUCK SALES IN TOTAL AMT OF $212,100.00 (WHICH INCLUDES $19,500.00 THAT WILL BE MADE IN RENTAL PAYMENTS) FOR PURCHASE OF A USED 2009 MACK FRONT-LOADING PACKER; REQ $192,600.00 SUPP APPROP FROM 5601 UNAPP BAL TO 5601 205001 75806 - MAJOR EQUIPMENT TO FUND THIS PURCHASE. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 35. SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT(S) FOR PURCHASE/LEASE OF VARIOUS VEHICLES IN ACCORDANCE W/ORC SEC 125.04; REQ $700,000.00 SUPP APPROP FROM 5601 UNAPPROP BAL - SANITATION FUND TO 5601 205001 75806 - MAJOR EQUIPMENT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 36. SERVICE DIRECTOR PRICE: AUTHORIZE SERV & SAF DIRECTORS TO AMEND COD ORDINANCE, CHAPTER 1311, HOME IMPROVEMENT TO INCLUDE THE LICENSING REQUIREMENTS MANDATED BY THE EPA FOR RENOVATION CONTRACTORS. - JUDICIARY COMMITTEE 37. SERVICE DIRECTOR PRICE: AUTHORIZE TO REAPPROP MONEYS NEEDED TO ENTER INTO CONTRACT FOR 12TH ST N CORRIDOR PROJ, GP 1098, PID 85299 MODIFICATION 1 TO THE ENGINEERING DESIGN CONTRACT; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY THE PROPER DEPT AUTHORITY. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 38. STARK METROPOLITAN HOUSING AUTH: ADVISING OF CHANGE OF HOURS THAT APPLICATIONS WILL BE ACCEPTED BEGINNING 2/1/11 AND PROVIDING NEW APPLICATION TIMES & REQUIRED DOCUMENTS FLYER. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: It’s getting, I’m getting a little nervous. I’m starting to remember these lines COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -37- MINUTES OF THE MEETING JANUARY 24, 2011 without even looking at the script here so, it’s only taken me three years. We’re now under 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. Madame Clerk would you please read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE 1 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, IS AMENDED BY MAKING THE APPROPRIATION REDUCTIONS AND SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under..... CLERK TIMBERLAKE: Ordinances for the Second Reading. PRESIDENT SCHULMAN: I know what we’re on. I’m not that stupid. We’re now under Ordinances for their Second Reading. Madame Clerk, will you please read Ordinance #2. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #2 AND #3 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #2. (2ND RDG) 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 (2600 25TH ST NE - FORMER NE COMM CNTR - HOF REAL ESTATE) PUB HRG: 1/31/11 @ 7:30 PM #3. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTORS OF PUBLIC SERVICE AND SAFETY TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS AND PROFESSIONAL SERVICES FOR THE CITY OF CANTON’S OPERATIONS DURING THE 2011 CALENDAR YEAR; AUTHORIZING ALTERNATIVELY THE PURCHASE OF SAID ITEMS PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT AND/OR ODOT PURCHASING AGREEMENT; 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 the Third Reading and final vote. Madame Clerk would you please read Ordinance 4. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #4 FOR THE THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #4. (3RD RDG) ADOPTED AS ORDINANCE NO. 14/2011 AN ORDINANCE ESTABLISHING THE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -38- MINUTES OF THE MEETING JANUARY 24, 2011 FAIR REUSE VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE & CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-22031 LAWRENCE RD NE, RICHARD T. MALLETT) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance #4. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 4. Are there 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. #4 ADOPTED AS ORDINANCE NO. 14/2011 PRESIDENT SCHULMAN: Ordinance #4 is carried and adopted. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Question for Chief of Staff Mr. Price. Since they had in the paper today about the salt I had a couple people call and ask me had Canton got, do we have enough salt to make it through the winter season sir. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Yes, thank you Mr. President. The season has been certainly tough on us this year. It snowed roughly I think 39 out of 51 days of the snow season. We took delivery of 3500 tons of salt this past two weeks and half of it is already used. We’ve so far in the 2011 budget, we have expended $251,500.00 on salt. We do have enough in fund we believe, to make it through the season. Initially we were hoping to have been able to get away with about a half million dollars in salt this year, however I restored the budget or made the request to restore it to basically full funding in the $700,000.00 range. At this pace, I would expect at this pace unless anything changes, that we would utilize all those funds. MEMBER CIRELLI: Thank you sir and thank you Mr. President. PRESIDENT SCHULMAN: Thank you Member Cirelli. MEMBER CIRELLI: And Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -39- MINUTES OF THE MEETING JANUARY 24, 2011 PRESIDENT SCHULMAN: Yes. MEMBER CIRELLI: One other thing if you could possibly do since you’re a friend of the Fisher family. I am too but I haven’t had a chance to tell them. I wish, I have had some people ask if they could maybe keep the store on Cherry Avenue maybe open until 9:00. They close it at 8. PRESIDENT SCHULMAN: OK. MEMBER CIRELLI: And so that would be great for the neighbors there. PRESIDENT SCHULMAN: Good, I’m glad to know that. Thank you. SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Yes Director. SERVICE DIRECTOR PRICE: If I may jump back to this snow and ice control removal issue for just a moment. There are some things that we have done this year that are a little different than in the past that I think are showing some promise to perhaps save us some money and improve the quality of our snow and ice removal. This year we’ve instituted a pilot for our brine program. Brine is available through ODOT for basically pennies a gallon and we’re able to pretty much get that at will and so, under certain circumstances we’ve successfully given particular forecasts and conditions out there we have done pre-treating of Cleveland Avenue, Market Avenue, some of the mains with brine and if the conditions are right, that basically assures that the snow won’t stick. You got to get it before and so we’re very careful about that because you know how the weather is in predicting it is sometimes anyone’s guess. But in the cases, we’ve done it probably five or six times this season so far. In cases where we know it’s going to snow, we get out there early if it’s during the day, we can brine it and that’s saved us some money. So we’re trying to control costs even though when it snows 39 out of 51 days of your season, it’s a bad winter at a bad time. I just wanted to point that out. Thank you. PRESIDENT SCHULMAN: Thank you Director. Any other Miscellaneous Business? Just to follow up on what Member Cirelli said, I’m kinda giving the Mayor an opportunity. He wants to say something and asked me to talk for a couple of minutes which is never difficult for me. In regard to Fisher Foods and locally owned businesses, we have an obligation to support them, all of us have an obligation to support our locally owned stores and it’s very important in this particular case because I know Member West and Member Horner in your Wards, your Ward citizens need the Fisher Foods grocery store on Cherry and so it’s important that, that store gets some business. If a grocery store goes down, not that it’s going to, but if it does go down, it takes down the whole neighborhood. That’s how important these kind of structures are for the foundation of our community. And similarly we, I talked to Terry Prater, Member Prater about the Harrison store which may affect Jim’s, Member Griffin’s Ward also. So anything that we can do to get the message out that this is locally owned, locally managed. They have a new program where they’re contributing money to local charities. If you shop there, there’s a percentage that goes to local charities and it’s a terrific program and it’s a local program. I’m not criticizing any other grocery stores other than WalMart perhaps, but, and they do employ local people, but beyond that it’s important that we do support our local stores, so anything that we can do to get the word out and we should shop at our local stores. I know the Mayor mentioned and Mr. Rodriguez today said that there were businesses in the community that they’ve met with, who were buying for example, parts out of town that are made in town. They just didn’t know it. So anything that we can do to put businesses together, citizens in our COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -40- MINUTES OF THE MEETING JANUARY 24, 2011 local community to our local businesses that just improves the quality of our life for everyone. And I will take that Member Cirelli back and up to Mr. Fisher. Did you want to say anything else? MEMBER CIRELLI: Now I have here and I brought some down, I’d hope that all the Council Members got them and this is because Mr. Griffin and myself are Members of the Ex-Newsies and if you register you don’t lose any points but they also, you can also register your favorite charity and of course we’ve been pushing for the Ex- Newsies and they will get a point too. So it helps all the kids so you know, it’s a good thing. PRESIDENT SCHULMAN: It’s going to be up to the...... MEMBER CIRELLI: Fisher’s has been around as long as I can ever remember and that means a long time. PRESIDENT SCHULMAN: And the store is giving, the company’s giving up to $20,000.00 for the charity that wins. So it’s again another win, win situation and before I turn it over to the Mayor, I do want to say one thing about Member Cirelli, that I said the other day at our Water Commission meeting and we are going to get back to you in a report as we promised by the end of February, March. Member Cirelli has done an incredible job and I want to publicly commend her for her serious investigation of the dangers to our water supply by mining interests in our community and outside of our community. No matter what you think of the issue, whether you’re for it or against it, Member Cirelli has put enormous amounts of time and effort into this. She’s talked to everyone and as a matter of fact, just so Council knows, were taking the security and safety of the water asset that we have and we’re taking it out of the Water Commission. We’re going to concentrate on economic development and jobs and then it’s going to fall to Mary’s committee and I know some of you are on Member Cirelli’s committee, I don’t mean to be that informal, the Economic, the Public Utilities and Environmental and Public Utilities Committee and Member Cirelli will, is Chair with the other Members, run hearings on this issue and it’s interesting Pastor Morgan told me that something that would indicate that these mining interests are pretty serious about coming into this community. So I know I leave it in good hands but I want to publicly thank Member Cirelli for her hard work. You’ve done a great job. (APPLAUSE) Although she does drive you nuts with emails but other than that. Mayor Healy. MAYOR HEALY: Mr. President I just wanted to publicly announce to that we’re going to start the finance monthly review meetings and the first one is going to be a week from Thursday at 4:00. I think it’s February 3rd. It’s originally was going to be at the Water Reclamation building but we’re moving it to the Civic Center. As far as the process and I think the invitations were sent out to Council and to other elected officials. We’re asking that every elected official in the City of Canton are sitting at the table as well as a representative from each of the five unions that are represented as well as the Director from the Park Board and the Health Board are all at that meeting at the table. It is open to the public. You’re well to come and sit and listen to the meeting and see how that plays out. We expect to have monthly meetings from that point forward. We’re looking at the first Tuesday of each month is our targeted date to have a monthly meeting from that point forward and we’ll have an agenda and a very, some very serious conversations. We’ll do the reviews of where we are and like you get the written reports, you’ll get the reviews from the Auditor and Treasurer but we’re also going to have discussions about what may be coming down the pike with the effects of the state budget and the state legislator and Governor in reference to how, when, and that will effect the city as well as what are plans are when those changes come. So we’re going to be planning all of that and we certainly would like to see all the elected officials there. I know that some of you have jobs commitments and so on but there will be a seat at the table for all of us and for those that are directly involved with this budget. Thank you. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -41- MINUTES OF THE MEETING JANUARY 24, 2011 PRESIDENT SCHULMAN: Thank you, Mayor. Any other Miscellaneous Business? Yes, Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. To follow up on fracking otherwise known as Hydraulic Fracturing, again, Member Cirelli has kept us all very well informed of the science and news articles and antidotes and organizations that are on both sides of the issue but particularly those trying to protect the environment. For those of you that are interested, I know some of the people were here, were present last Thursday at the middle school, the middle school on Schneider. Mr. Ponder of WHBC did a very good job of moderating neutrally a discussion between mining or I should say drilling interests and environmental interests and a lot of people in the audience where there for both sides and presented lots of statements and questions. They talked about what hydraulic fracturing of shale is and some of the dangers, also that it leads to job creation and so on. Anyway, getting back to the point of this Council, I know many of you are interested who are on the Water Commission otherwise as to how to handle this issue as a Council and a couple of weeks ago you passed and Informal Resolution saying to the General Assembly and Governor let’s look more closely into protecting our aquifer and our water resources from these chemicals and from these processes. In Ohio, to sum it up, the General Assembly has squarely placed control issuing permits and monitoring fracking chemicals into the Ohio Department of Natural Resources. This Thursday again at the GlenOak middle school on Schneider from 7 to 9 Mr. Ponder is again hosting a couple of folks at least, from the Ohio Department of Natural Resources who will come to talk about their regulatory abilities and the regulation of this drilling process known as hydraulic fracturing. If you have an interest, I think it would be worth your time to attend. It will certainly help guide me along with some of the folks that Member Cirelli is thinking of inviting to testify in front of Council to formulate our next step. I’ve been involved in conversations with Law Directors in other parts of Ohio about their thoughts on what we as cities, townships can do when we are pre-empted by the state in so many areas. We can’t exactly forbid what the state permits when it’s a matter of statewide regulation, so I’m following up on the Resolution. On your requests and this is, this would be a good meeting to attend if you have an interest in that area. Thank you. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Thank you. Any other Miscellaneous Business? Remember when I said I was getting so good I didn’t need my sheet. Well I didn’t do Announcement of Committee meetings. So let’s do that. Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: I must have forgot all about it. The Finance Committee will meet Monday, January 31, 2011 at 6:45 PM right here in Council Chambers. PRESIDENT SCHULMAN: Thank you Member Hawk. I think that’s it. Leader. MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk before you do roll COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -42- MINUTES OF THE MEETING JANUARY 24, 2011 call vote please be careful out there folks driving out there folks the roads are getting treacherous so be careful. We want to see you next week. Roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The meeting is adjourned. Be careful please ladies and gentleman. See ya next week. (Gavel falls) ADJOURNMENT TIME: 8:07 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JANUARY 24, 2011 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not necessary INVOCATION: Patrick Barton, W ard 7 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#2 - O#3; R#3 Retained in Com m ittee) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Chief Stephen Rich re: Asked for a m om ent of silence for Captain John Snodgrass who passed away; Pastor W alter Moss re: Announced that today was the “March for Life” in W ashington. Discussed the success of the voucher program , nam ed the churches that participated in the program and com m ended the Mayor and the Developm ent Departm ent for a great job with the program . Also discussed the im portance of the 2011 Am nesty Program ; Mem ber Thom as W est re: Asked how m any people the voucher program served and also thanked Pastor Moss for his aggressiveness and assertiveness with the Am nesty Program ; Pastor W alter Moss re: Advised Mem ber W est that 740 people received the food vouchers; Mayor Healy re: Thanked Pastor Moss for all his hard work with the voucher program and explained the voucher program in detail and advising that this program also helped Fisher Foods, a local business; President Allen Schulm an re: Advising that he, Mayor Healy and Raphael Rodriguez m et with Mr. Fisher to discuss his locally owned grocery stores and stated that this is the kind of business that we really need to support. Also thanked Pastor Moss for all his hard work and congratulated the Mayor and the Adm inistration for the voucher program . INFORM AL RESOLUTIONS: 2. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPT OF JOSEPH FRIEDMAN AND DAVE GRABOW SKI AS HVAC CONTRACTORS AND DAVID KIRVEN AS PLUMBING JOURNEYMAN TO THE CANTON CONSTRUCTION BD COMMENCING 1/1/11 - 12/31/13. - ADOPTED 3. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF RAYMOND STRAIN TO CANTON RECREATION BD COMMENCING 1/1/11 - 12/31/15. - RETAINED IN COMMITTEE COM M UNICATIONS: 21. CANTON JOINT RECREATION DISTRICT: RECEIPT OF 2010 DIRECTOR’S ANNUAL REPORT. - RECEIVED & FILED 22. CIRELLI, M, CNCL-AT-LG & SMUCKLER, B, CNCL-AT-LG: REQ ORDINANCE ESTABLISHING A LAND BANKING PROGRAM FOR CITY OF CANTON. - JUDICIARY & COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 23. COMMUNITY DEV DIRECTOR W ILLIAMS: ESTABLISH FAIR REUSE VALUE OF REAL PROPERTY & AUTHORIZE DISPOSITION OF SAID PROPERTY (PAUL SLENTZ- PARCEL #02-00706 ON KENNET COURT NW ). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 24. COMMUNITY DEV DIRECTOR W ILLIAMS: REQ LEGISLATION IN CONJUNCTION W /LAW DEPT TO CONVEY THE PEEL COLEMAN COMMUNITY CENTER TO THE CCIC TO PROVIDE ENHANCED ECON & COMM DEV BY W ORKING W ITH SMHA TO SECURE A LARGE GRANT W /W HICH SMHA W ILL PURCHASE, RENOVATE & STAFF THE CENTER. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 25. HAW K, G, FINANCE CHAIRMAN: REQ TO SUSPEND ALL TRAVEL UNLESS RELATED TO CERTIFICATION, LICENSING & COURT EFFECTIVE IMMEDIATELY UNTIL 12/31/11. - FINANCE COMMITTEE 26. HEALTH COMMISSIONER ADAMS: REQ TO APPROP $366,580.00 FROM UNAPPROP FUNDS OF THE 2328 PHEP FUND (SUPP ADJUSTMENT FROM THE OH DEPT OF HEALTH FOR PUBLIC HEALTH EMERGENCY PREPAREDNESS). - FINANCE COMMITTEE 27. LAW DIRECTOR MARTUCCIO: REQ TO DRAFT LEGISLATION TO ALLOW MAYOR OR SERV DIR TO ACCEPT THE DONATED LABOR, INTERIOR DESIGN SCHOOL PROJ MATERIAL & FURNISHINGS FROM KENT STATE UNIV; ENTER INTO NECESSARY AGMTS W /DR. EVANS TO EFFECT THE PROJ; ALSO REQ THAT AN INFORMAL RES OF COMMENDATION BE PREPARED FOR DR. EVANS, HER 33 STUDENTS, 4 FACULTY & MANY DONORS FOR THEIR VOLUNTEERING & DONATIONS. - FINANCE COMMITTEE 28. MAYOR HEALY: ADVISING OF RE-APPT OF DONALD PETERSON III TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION COMMENCING RETROACTIVELY 1/1/11 - 12/31/11. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JANUARY 24, 2011 COM M UNICATIONS CONTINUED: 29. MAYOR HEALY: ADVISING OF APPT OF MIKE BROW N TO THE CANTON PARK COMMISSION RETROACTIVE TO 1/1/11 - 12/31/13. - RECEIVED & FILED 30. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE @ 1700 55 TH ST NE FROM MA (MUNICIPAL AGRICULTURE) TO PMA (PLANNED MUNICIPAL AGRICULTURE) TO ALLOW FOR CONSTRUCTION OF SIX VILLAS FOR BED & BREAKFAST ACCOMMODATIONS & A CONFERENCE CENTER BLDG (GERVASI VINEYARDS). - JUDICIARY COMMITTEE 31. SAFETY DIRECTOR REAM: AMEND O#124/2009 TO REDUCE NUMBER OF AUTHORIZED EMPLOYEES IN CLASSIFICATION OF CAPTAIN FROM 4 TO 3, LIEUTENANT FROM 15 TO 10 AND SERGEANT FROM 20 TO 17 PURSUANT TO AGMT BETW EEN FOP & CITY. - PERSONNEL COMMITTEE 32. SAFETY DIRECTOR REAM: REQ AUTHORIZATION TO ACCEPT & APPROP PROJ SAFE NEIGHBORHOOD GRANT IN AMT OF $10,000.00 TO REIMBURSE POLICE DEPT OVERTIME FOR DIRECTED PATROL PROJECTS; GRANT PERIOD RUNS FROM 12/01/10 TO 06/30/2011. - FINANCE COMMITTEE 33. SAFETY DIRECTOR REAM: REQ LEGISLATION CONCERNING FORMALIZING OF A NEW TW O YR CONTRACT W /CANTON PROF FIREFIGHTERS ASSOC BARGAINING UNIT W HICH W OULD RUN FROM 11/1/10 - 10/31/12. - PERSONNEL COMMITTEE 34. SERVICE DIRECTOR PRICE: REQ TO RATIFY ACTIONS FOR THE REPLACEMENT OF PACKER TRUCK ON AN EMERGENCY BASIS & APPROVE PAYMENT TO PREMIER TRUCK SALES IN TOTAL AMT OF $212,100.00 (W HICH INCLUDES $19,500.00 THAT W ILL BE MADE IN RENTAL PAYMENTS) FOR PURCHASE OF A USED 2009 MACK FRONT-LOADING PACKER; REQ $192,600.00 SUPP APPROP FROM 5601 UNAPP BAL TO 5601 205001 75806 - MAJOR EQUIPMENT TO FUND THIS PURCHASE. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 35. SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, RECEIVE BIDS & ENTER INTO CONTRACT(S) FOR PURCHASE/LEASE OF VARIOUS VEHICLES IN ACCORDANCE W /ORC SEC 125.04; REQ $700,000.00 SUPP APPROP FROM 5601 UNAPPROP BAL - SANITATION FUND TO 5601 205001 75806 - MAJOR EQUIPMENT. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 36. SERVICE DIRECTOR PRICE: AUTHORIZE SERV & SAF DIRECTORS TO AMEND COD ORDINANCE, CHAPTER 1311, HOME IMPROVEMENT TO INCLUDE THE LICENSING REQUIREMENTS MANDATED BY THE EPA FOR RENOVATION CONTRACTORS. - JUDICIARY COMMITTEE 37. SERVICE DIRECTOR PRICE: AUTHORIZE TO REAPPROP MONEYS NEEDED TO ENTER INTO CONTRACT FOR 12 TH ST N CORRIDOR PROJ, GP 1098, PID 85299 MODIFICATION 1 TO THE ENGINEERING DESIGN CONTRACT; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY THE PROPER DEPT AUTHORITY. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 38. STARK METROPOLITAN HOUSING AUTH: ADVISING OF CHANGE OF HOURS THAT APPLICATIONS W ILL BE ACCEPTED BEGINNING 2/1/11 AND PROVIDING NEW APPLICATION TIMES & REQUIRED DOCUMENTS FLYER. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND O#245/2010, AS AMENDED, IS AMENDED BY MAKING VARIOUS APPROP REDUCTIONS, & SUPP APPROPS; EMERGENCY (TO CONTINUE TO OPERATE CITY EFFICIENTLY) Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#2 & O#3) 2 ND RDG 2. AMEND ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (2600 25 th ST NE - N.E. COMM CNTR) PUB HRG 1/31/11 @ 7:30 PM (JUD) CANTON CITY COUNCIL AGENDA - PAGE 3 - JANUARY 24, 2011 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 3. AUTHORIZE DIRECTORS OF PUBLIC SERV & SAFETY TO ADVERTISE, REC BIDS AND ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS AND PROF SVCS FOR CITY OF CANTON’S OPERATIONS DURING THE 2011 CALENDAR YR; AUTHORIZE ALTERNATIVELY PURCHASE OF SAID ITEMS PURSUANT TO THE STATE COOPERATIVE PURCHASING AGMT &/OR ODOT PURCHASING AGMT; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 14/2011 4. 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 #02-22031 ON LAW RENCE RD NE TO RICHARD T. MALLETT) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JANUARY 31, 2011 in Council Chamber at 6:45 P.M . 1) Finance Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Mary Cirelli re: Asking the Chief of Staff if the City has enough salt to m ake it through the rest of the year; Chief of Staff W arren Price re: Advising of how m uch salt was used this winter season and stated that he does believe that there is enough to m ake it through season. Also explained the use of brine; Mem ber Mary Cirelli re: Asked President Schulm an if he could talk to Mr. Fisher to see if the store of Cherry Avenue could be kept open until 9:00; President Allen Schulm an re: Reiterated the im portance to support the City’s locally owned stores, such as Fisher Foods; Mem ber Mary Cirelli re: Advised that she passed out flyers for Fisher Foods that has a program where when shopping there, the store donates to your favorite charity, such as the Ex-Newsboys; President Allen Schulm an re: Com m ending Mem ber Mary Cirelli for the incredible job of investigating the dangers to our water supply by m ining interests in our com m unity and outside of our com m unity; Mayor Healy re: Announcing that finance m onthly review m eetings are going to be held, the first one will be February 3, 2011 at 4:00 PM at the Civic Center. Asking that every Elected Official as well as a representative from each of the five unions, the Directors from the Park Board and the Health Board attend this m eeting. Also advising that this is open to the public. After this initial m eeting, the targeted dates for the m onthly m eetings will be the first Tuesday of each m onth; Law Director Martuccio re: Discussed the m eeting that took place last Thursday in regard to fracking. Also advised that the next m eeting will be held on Thursday, January 27, 2011 from 7:00 to 9:00 PM at the GlenOak Middle School on Schneider. ADJOURNM ENT: 8:07 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JANUARY 31, 2011 @ 7:30 PM

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