City Council
Regular MeetingCanton, OH · April 11, 2011
Minutes
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MINUTES OF THE MEETING APRIL 11, 2011
PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. We
appreciate you all being here tonight. I think this is going to be a fairly brief meeting 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, JIM GRIFFIN, CHRIS SMITH, PATRICK
BARTON, MARK BUTTERWORTH & BRIAN HORNER)
TWELVE COUNCIL MEMBERS PRESENT.
CLERK TIMBERLAKE: All our fine Council Members are present, Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. And tonight we will have our invocation given by my
good friend and another fine Ward 3 Council Member Jim Griffin. Will you please all remain standing for our
Pledge of Alliance.
The regular meeting of Canton City Council was held on April 11, 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 3 Council Member Jim Griffin. The Pledge of Allegiance led by President
Schulman.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Thank you very much Member Griffin. We’re now turning to Agenda
Corrections and Changes. Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 3
through 8.
MEMBER PRATER: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading
Ordinances 3 through 8 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: Thank you Madame Clerk. Rule 22A is suspended and the Ordinances are a
legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: Turning now to Public Hearings. We do have one Public Hearings this evening
scheduled for 7:30 and is AN ORDINANCE AMENDING SECTION 1169.02, APPLICATION FOR
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CONDITIONAL USE PERMIT, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON. THE
PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME. Is there anyone in the
audience wishing to speak for or against this fee change please come forward. Once again is there anyone in
the audience wishing to speak for or against this Ordinance and fee change please come forward. Seeing no
one step to the dias, the matter now rests in the hands of Council. The Ordinance will follow later this
evening.
OLD BUSINESS
PRESIDENT SCHULMAN: Turning to Public Speaks. We have one speaker signed up this evening and that
is, do you have anything? Well I’ll come back to you. I skipped, I skipped over the Chief of Staff and the, so
I probably should do that first. Pastor Morgan just wait one moment. Director.
CHIEF OF STAFF PRICE: Thanks I think Joe. We could have kept rolling. That would have been fine. We
had, well we had numerous Public Speaks last evening. There’s three matters that dealt with issues that I
guess I have something to do with. The first and the Safety Director’s not here this evening. He injured
himself earlier today and is probably going to be out tomorrow as well so he’s not available and apologizes for
that. There was a Jason Scaglione that spoke and spoke of the need, you know questioned the need for an
ambulance and fire truck to respond to sites. That brings up the overall issue that I know some Members of
Council have been asking about and that is a cost analysis of the closure of the Fire Stations and that issue. I
spoke with Tom who said he spoke to a couple of the Council people involved and will have a report next
week. The speaker also brought up paving in the northwest end. Broad was one of the streets. There were a
couple of other streets he mentioned. I’ve referred those to the Street Department and those are on the list.
There was a Reverend Groce I think, that asked for a permit to stage a peaceful demonstration. The Law
Director spoke to him and I guess handled that matter. The only other one I wanted to mention was that Don
Peterson had discussed Willig Field and the paving Ordinance. Again I’ve tried to put together some
additional documentation at the request of some Members of Council that would put a dollar figure on the
amount that, that project initially went over budget. I can tell you that the initial project amount, the
engineering estimate compared to what we actually spent, it exceeded the engineering estimate by about
$100,000.00. We’re trying to find out what we actually initially appropriated for that project and how the
initial budget compared to the final budget but that requires the cooperation of some other folks and I’m trying
to line that up. So I’m going to continue to provide the information on Willig Field but the bottom line on the
parking lot at least remains, you know one that the, no one shot this down yet it’s simply been Retained in
Committee and that’s a policy decision for City Council. The initial estimate on the parking lot was
$162,000.00. The current engineering estimate is $272,000.00 to cover potential change orders. We are
asking to be safe for $325,000.00 and we are only asking because this Council acted to appropriate those
funds last year and given that appropriation, that’s the point when I began cooperating because as you recall
initially, due to last years budget situation, I felt that we shouldn’t necessarily kill the budget project, I just felt
that we should probably hold off and from the sounds of it, given that it’s being held in Committee, apparently
Council’s agreeing at this point, but it is in your hands and it is about $110,000.00 more than initially
estimated to complete that parking lot. Thank you.
PRESIDENT SCHULMAN: Thank you Chief of Staff Price. Sorry I ignored you.
PUBLIC SPEAKS
PRESIDENT SCHULMAN: Now we’re on Public Speaks. We have one speaker signed up this evening. My
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good friend Pastor Morgan. If you’ll step forward and give us your name and your address please.
DAVID MORGAN: Thank you Mr. President. My name is David Morgan. I live at 922 27th Street NE here
in the city of Canton. You’ve already heard again from the Chief of Staff that last week there were people
here complaining about promises that had been made by the city and of course one thing and then another.
And afterwards, you Mr. President observed that folks seemed to have a good deal of anger in their remarks
and you seemed surprised by that. There’s no great mystery here ladies and gentleman. People want a
government that provides the services necessary and beneficial to civil society. They want the Democratic
Republic envisioned by our nation’s founders. One that takes seriously the need for an educated electorate. A
government that not only teaches but also learns from its citizens. They do not want a government that simply
uses selective information and simply slogans to manipulate people as though they were unthinking sheep.
You heard the anger and frustration in those voices last week and it should serve to remind you that people
have not experienced the kind of government they want. Instead they continue to get a government with all
the transparency of the fine print on a credit card application. All the financial integrity of a Wall Street
derivatives broker and all the insightful forthright information that can be contain on a forty letter political
bumper sticker and I’m not just taking about the Kasich administration. You Mr. Service Director and you
Mr. Mayor are proposing the creation of two new TIF’s. Tax Increment Financing agreements with somebody
thinks they’re way too complex for the average citizen to understand. Took me awhile to get it too, but then
again, I don’t have a degree from some fancy New York business school. But as near as I can tell, these TIF’s,
and what they do is this, they allow the Mayor to put out his bumper sticker saying “No New Taxes” because
they give him a legal way to steal somebody else’s old taxes. In the case of TIF’s, they allow the
administration to take the future property taxes which were voted by the people of Stark County, including the
people of Canton, for Children’s Services, for MRDD, for Stark County Mental Health and Recovery
Services. He can take those and pay for capital improvements in infrastructure construction for the benefit of
the businesses named in those TIF’s and he needs to do that because he’s been using the Capital
Improvements Fund of the city to balance the General Fund budget another bumper sticker, “Balanced
Budgets”. I have a couple of problems with that Mr. Mayor. I think it’s wrong. I think it’s wrong to take tax
monies that the people voted on for one thing and use them for another. I know it’s legal. So was predatory
lending and look where that got us. This city operates on income taxes, not property taxes. Those entities that
operate on property taxes, particularly those three countywide service industries are going to suffer. Oh yes,
they’ll get what they’re getting now, for the next 30 years they’ll get what they’re getting now except that
they’re suffering the same cuts in state budgets that you are. These aren’t your taxes to take. Your’s are in
income tax. You recoup your investment by all those new jobs that will be created and the income tax that
will come rolling in. Moreover this makes us, those of us who work hard for these levies, who supported
them, look like liars when we were out there telling people what that money would be used to fund. You can
put “Jobs for Canton” on your bumper sticker but the people will finally figure out somehow that those new
jobs come at the expense of the old jobs. The ones done by the people who provide the services funded by
Children’s Services, Developmental Disabilities and Mental Health. Ultimately it’s not job creation, it’s
shifting service away from the children. Away from the developmentally disabled and away from the citizens
who have mental health and addiction issues. That’s not leadership that works Mr. Mayor. That’s leadership
that runs a shell game hoping that the people won’t realize that there is no pea under any of the shells and it
frustrates the hell out of people. And Mr. President, I’m not angry, I’m disgusted.
PRESIDENT SCHULMAN: Thank you Pastor very much. (APPLAUSE)
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INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have no Informal Resolutions this
evening.
COMMUNICATIONS
PRESIDENT SCHULMAN: We are 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
APRIL 11, 2011.
121. HEALTH BENEFITS ADMIN, MCBRIDE: MARCH 2011 MONTHLY COMPARATIVE RPT-INS
CLAIMS. - RECEIVED & FILED
122. HEALTH COMMISSIONER ADAMS: REQ $6,250.00 TRANSFER FROM 2316 3010 01 74714
REIMBURSEMENTS TO 2316 30 10 01 77220 REGISTRATION, TUITION TO MEET WIC
GRANT REQUIREMENT TO HIRE & TRAIN 5 PEER HELPERS TO ASS’T W/ NEW MOTHERS.
- FINANCE COMMITTEE
123. HORNER, B, WARD 9 COUNCILMEMBER: REQ TO AMEND SEC 1313.01 & SEC 1315.01 TO
CHANGE THE RATIO OF ELECTRICAL & PLUMBING CONTRACTOR & JOURNEYMAN
ELECTRICIAN OR JOURNEYMAN PLUMBERS TO APPRENTICES BASED UPON
RECOMMENDATIONS OF THE CANTON CONSTRUCTION BOARD. - JUDICIARY
COMMITTEE
124. COMMUNITY DEV DIRECTOR WILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO
ENTER INTO CONTRACT W/YWCA OF CANTON TO PROVIDE A GRANT UTILIZING HOME
FUNDS IN AMT NOT TO EXCEED $100,000.00 FOR TRANSITIONAL HOUSING PROJ @ 626
WALNUT AVE NE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
125. COMMUNITY DEV DIRECTOR WILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO
ENTER INTO CONTRACT W/STARK COUNTY OUT OF POVERTY PARTNERSHIP TO
PROVIDE A GRANT UTILIZING HOME FUNDS IN AMT NOT TO EXCEED $500,000.00 FOR
HOUSING PROJECTS TO BENEFIT LOW & MODERATE INCOME FAMILIES & ADMIN OF
HOME FUNDS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
126. COMMUNITY DEV DIRECTOR WILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO
ENTER INTO CONTRACT W/FREED HOUSING CORP PARTNERSHIP TO PROVIDE A
GRANT UTILIZING HOME FUNDS IN AMT NOT TO EXCEED $500,000.00 FOR HOUSING
PROJECTS TO BENEFIT LOW & MODERATE INCOME FAMILIES. - COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE
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127. SERVICE DIRECTOR PRICE: REQ TO RATIFY TENTATIVE AGMT REACHED BETWEEN
CITY & AFSCME LOCAL 3449 RESULTING FROM RECENT WAGE REOPENER. -
PERSONNEL & FINANCE COMMITTEES
128. SERVICE DIRECTOR PRICE: AS A FOLLOW UP TO C#120, REQ TO AUTHORIZE & DIRECT
SERV DIR TO ENTER INTO PROF ENGINEERING AGMT W/M-E COMPANIES IN AMT NOT
TO EXCEED $65,415.00 FOR PURPOSE OF PREPARING PLANS & SPECIFICATIONS FOR
HARTVILLE/LAKE WATER MAIN EXT PROJ; AUTHORIZE $65,415.00 SUPP APPROP FROM
UNAPPROP BAL OF 5201 WATER WORKS FUND TO 5201-207026 THE HARTVILLE/LAKE
TWNP WATER MAIN EXT PROJ, 2011; AUTHORIZE & DIRECT SERV DIR TO ADVERTISE,
REC BIDS & ENTER INTO CONTRACT FOR CONSTRUCTION OF SAID PROJ. -
ENVIRONMENTAL & PUBLIC UTILITIES & FINANCE COMMITTEE
129. SERVICE DIRECTOR PRICE: REQ TO RATIFY THE ACTIONS OF THE SERV DIR FOR
REPLACEMENT OF THE WATER TRANSMISSION MAIN THAT PRESENTLY SPANS THE
55TH ST BRIDGE. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE
130. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS & CITY’S OUTSTANDING
INVESTMENTS AS OF 3/31/11. - RECEIVED & FILED
131. TREASURER SCHIRACK: COMPARATIVE OF CASH RPTS FILED AS OF 3/31/11. -
RECEIVED & FILED
132. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX
ACCT FOR MARCH 2011. - RECEIVED & FILED
133. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR MARCH 2011. -
RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: Turning to First Reading Ordinances. We’re now under those, Ordinances and
Formal Resolutions. Let the Journal show that all Ordinances are being given their reading as required by
State Law. Madame Clerk please read the First Reading Ordinances by title.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES
#1 AND #2 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS
FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010;
AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF
PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO
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MINUTES OF THE MEETING APRIL 11, 2011
CONTRACT FOR ONE (1) 2011 HEAVY DUTY CREW TRUCK CHASSIS IN AN
AMOUNT NOT TO EXCEED $40,000.00 FOR THE WATER DEPARTMENT;
AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO
CONTRACT FOR THE PURCHASE OF VARIOUS VEHICLES PURSUANT TO
THE STATE COOPERATIVE PURCHASING AGREEMENT FOR THE WATER
DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Public Property Capital Improvement Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the Second Reading.
Madame Clerk would you please begin with Ordinance #3.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE
#3 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS:
#3. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE
PROVIDED TO THE PROPERTY OWNER IN THE BROAD AVENUE
ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE
PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS
BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE
SAME TO BE AN EMERGENCY
#4. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF
PUBLIC SERVICE TO AMEND THE GEORGETOWN ROAD COOPERATIVE
ECONOMIC DEVELOPMENT AGREEMENT (CEDA) TO INCLUDE THE
ARMORY ANNEXATION AREA; AND DECLARING THE SAME TO BE AN
EMERGENCY
#5. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO CONTRACT WITH STARK COMMUNITY
FOUNDATION TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED
$50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY
#6. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE;
DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR
REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE
IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
ESTABLISHING THE 2181 GERVASI 1700 LLC TIF FUND; AND DECLARING
THE SAME TO BE AN EMERGENCY
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MINUTES OF THE MEETING APRIL 11, 2011
#7. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE;
DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR
REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE
IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
ESTABLISHING THE 2180 MILLS INDUSTRIAL PARK TIF FUND; AND
DECLARING THE SAME TO BE AN EMERGENCY
#8. (2ND RDG) AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON
AND LOCAL 2937 AND OHIO COUNCIL 8; 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 give us Ordinance #9.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE
#9 FOR THE THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#9. (3RD RDG) ADOPTED AS ORDINANCE NO. 54/2011 AN ORDINANCE AMENDING
SECTION 1169.02, APPLICATION FOR CONDITIONAL USE PERMIT, OF THE
CODIFIED ORDINANCES OF THE CITY OF CANTON (FEE CHANGE TO $75.00)
PRESIDENT SCHULMAN: Leader.
MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 9.
MEMBER PRATER: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #9. 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.
#9 ADOPTED AS ORDINANCE NO. 54/2011
PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #9 is adopted and that concludes the
Ordinance part of our hearing.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings.
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MEMBER HAWK: Mr. President.
PRESIDENT SCHULMAN: Member Hawk.
MEMBER HAWK: Thank you good sir. The Finance Committee will meet on Monday, April 18th at 6:45
P.M. right here in Council Chambers.
PRESIDENT SCHULMAN: Thank you Chairman Hawk.
MEMBER HAWK: Sir in addition to that, I’d like to call a Budget Finance Review Committee meeting for
Wednesday, April 13th at 5:30 P.M. right here in Council Chambers. At that time we will review the first
quarter spending numbers compared to the budget.
PRESIDENT SCHULMAN: Thank you Member Hawk. Any other...
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: Yes, Leader Dougherty.
MEMBER DOUGHERTY: Public Property Capital Improvement will also meet the 18th at 6:45.
PRESIDENT SCHULMAN: Thank you.
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous
Business? Member Cirelli.
MEMBER CIRELLI: Thank you Mr. President. I sent out an email today (Microphone not on, then
corrected) I’m sorry there. Thank you David. Thank you Mr. Majority Leader. I sent out an email today
that’s perhaps some of our Council People didn’t get a chance to see and I asked the ladies in the office to
make copies for everybody and this side has them and if they could maybe pass them out to the people on the
other side, I would appreciate it. Again it comes down to actually the subject was Traffic Division vs
Ambulance Service. Now this was sent to me by Mr. Carcione and I will, if you indulge me, I will read it. He
says to Mary, I have confirmed that with the exception of Sundays a day that the Traffic Division is scheduled
to be closed, the Traffic Division has remained open every day. This has cost the city money through
overtime and that figure is higher than $6,000.00. I’d like someone to explain to me, that’s him and I would
like to know also myself, why they feel paying overtime to staff a Traffic Division is more essential than
paying overtime to maintain ambulance services. Four times this year ambulance services have not been
provided by this city. Correct me if I’m wrong but the prior, but prior to the creation of our Traffic Division,
in 2010, the Sheriff and the Highway Patrol took care of this issue. I’m tired of hearing how great the Police
are for making sacrifices for our budgets. Then he says, you guys gave them a 12 to 15% raise and unlimited
overtime and a new Traffic Division. Has there been a cost analysis of the Traffic Division and if there is,
why do we not have one for the ambulances. Canton has provided ambulance services for over 30 years and
we still cannot produce a cost analysis. Something is not right in our city and I do believe that the safety is a
priority of the administration or Council. Does not believe that. I believe that Council has the ability to
correct this safety issue. After all, each of us has taken an oath to pass, provide public safety. And it’s signed
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by Mr. Carcione, President of the Firefighters or the EMS Local Union. Which made me wonder myself, why
it is, we are paying overtime for the Traffic but all of a sudden we have to close Fire Stations because we don’t
have monies to pay overtime for our EMS people and potentially putting them in jeopardy of which we heard
that just a fire truck coming there and not an ambulance just doesn’t cut it. Can somebody address that? And
I’m sorry that the Safety Director’s not here tonight.
PRESIDENT SCHULMAN: Director.
SERVICE DIRECTOR PRICE: Mr. President.
PRESIDENT SCHULMAN: Director Price.
SERVICE DIRECTOR PRICE: No I can’t address it tonight. The, and we would have been able to address it
if we’d have received the request earlier. We weren’t even copied on the email. I was sent a courtesy copy at
3:17 this afternoon. The email looks like from the copy I got was received by you and cc’d to Councilman
Butterworth at 12:16 this afternoon. I don’t, I can’t, we don’t, we haven’t had the opportunity to verify these
numbers but I will pass it along to Director Ream and we’ll verify. I’m sure he’ll respond.
MEMBER CIRELLI: I’d appreciate that and as you will note, I normally try to send things out as soon as
possible but, I had a pretty hairy day as you know. You tried to call me and you couldn’t get through and so I
think this is something we need to look at. We all know that, we’ve seen in the paper about everybody getting
tickets and the money that they were bringing in but we also when we provide ambulance service, that brings
money in also. And so which is more important, an ambulance or a ticket written so I just wanted to bring that
up. Thank you.
MEMBER WEST: Mr. President.
SERVICE DIRECTOR PRICE: Thank you I’d, and I’m not, I hope you know I’m not giving you, you know,
I’m not trying to sway you one way or the other, I just, we don’t have the information to, I don’t have the
information to give you an opinion on it or to share with you. If I did, I would but I will, I’m sure Director
Ream will, I will ask him to respond.
MEMBER CIRELLI: Mr. President and Mr. Chief of Staff, Mr. Price. I appreciate that very much and I’m
sorry that, I’m not going to kill the messenger, that Director Ream got injured and was not here to address this
but now he’s working on the cost analysis for the fire, we were told for the EMS so he can also work on this
and I guess this Council would like to have it probably yesterday but we’ll settle for it as soon as possible and
we wish him well with whatever his injury is. Thank you sir.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other Miscellaneous Business?
MEMBER WEST: Mr. President.
PRESIDENT SCHULMAN: Member West.
MEMBER WEST: All Council Members got a, an invitation to B-Earthday on Saturday April 30th at Nimisilla
Park. We are still in need of some more flowers so if anybody wants to donate some more flowers. I think a
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few of you guys came down last year to help plant flowers at Nimisilla Park so we are having that again at
10:00 A.M. for everyone. You’re invited to come on down and help us clean up and plant flowers in the park
on B-Earthday. Thanks.
PRESIDENT SCHULMAN: Thank you Mr. West. Any other Miscellaneous Business?
MEMBER COLE: Mr. President.
PRESIDENT SCHULMAN: Yes, Member Cole.
MEMBER COLE: I just wanted to give me colleagues a quick update. In the fall we came to you regarding a
fuel quality issue with our previous Auditor, Mr. Perez. We’ve had a chance, the Law Director and I to meet
with the new County Auditor, Alan Harold, to have a discussion of where we’re at on the fuel quality. As you
know, there’s 33 gas stations in the city. Water sentiment is one of the major reasons for engine failure. With
gas prices soaring this is a really important issue and it’s a consumer protection issue as you know and we
want to make sure that we’re doing our due diligence. Thank you.
PRESIDENT SCHULMAN: Thank you Member Cole very much. Any other Miscellaneous Business? Pastor
Morgan is a good friend of mine and I’m rarely on the other side of an issue and I but I do feel, I want to
respond just briefly. I didn’t say people are angry last week, I said it was a very harsh tone and it seems to me
that your tone was particularly harsh tonight and I thought very unfair to the Mayor. First of all, I don’t think
a college education or where you were educated has anything to do with a public debate about TIF’s. I think
that’s, that was a gratuitous attack and I think it was unfair. Secondly, as you know more than anyone, and I
know your passion and dedication to those issues which you’re trying to protect and those children you’re
trying to protect, government is a matter of choice in making choices. Unfortunately, we’re placed in a
position, all of us in government today, of making bad choices. There are no good choices because of the
economic climate and as a result of the financial greed that consumed our country for the last eight years.
We’re in a position where the choices we make are usually bad ones. So you take the best of the worst and I
criticize the administration, when I feel it necessary but I do think your statement against the TIF’s, while I
understand it, may be somewhat misplaced. I do think on occasion you do have to look at economic
development. These two areas are providing that. We do need infrastructure in our city and while I, and I
asked Law Director Martuccio, I wanted to make sure that passage of the TIF would not take money out of the
pockets or the resources of the people you’re trying to protect. Those levies will still be in effect. I
understand there’s going to be some exemption for a period going forward but with an increased job base,
again bad choices, the best of the worst, with increased jobs and economic opportunity in our community it
should benefit everyone. So, I just felt, I had to respond to you and you and I are 99.9% on the same page but
in some fashion I think it was somewhat unfair. Leader.
MEMBER DOUGHERTY: Mr. President one thing you weren’t unfair was with his time he got to speak. I
move to adjourn.
MEMBER PRATER: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk roll call vote
please.
COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -230-
MINUTES OF THE MEETING APRIL 11, 2011
NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas, Mr. President..
PRESIDENT SCHULMAN: Meeting is adjourned. Thank you ladies and gentlemen. Drive carefully. (Gavel
falls)
ADJOURNMENT TIME: 8:00 P.M.
ATTEST: APPROVED:
CYNTHIA TIMBERLAKE ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM APRIL 11, 2011
ROLL CALL: All Council Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: Jim Griffin, W ard 3 Council Mem ber
PLEDGE OF ALLEGIANCE: President Allen Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#3 - O#8; Com m unication #113 from 4/4/11
W ithdrawn)
PUBLIC HEARINGS:
7:30 P.M. AN ORDINANCE AMENDING SECTION 1169.02, APPLICATION FOR CONDITIONAL USE PERMIT, OF THE
CODIFIED ORDINANCES OF THE CITY OF CANTON; PLANNING COMMISSION RECOMMENDED
APPROVAL (FEE CHANGE TO $75.00) O#54/2011
OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks
PUBLIC SPEAKS (CITY BUSINESS): C. David Morgan re: Relayed his dism ay with the TIF program .
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
121. HEALTH BENEFITS ADMIN, MCBRIDE: MARCH 2011 MONTHLY COMPARATIVE RPT-INS CLAIMS. -
RECEIVED & FILED
122. HEALTH COMMISSIONER ADAMS: REQ $6,250.00 TRANSFER FROM 2316 3010 01 74714
REIMBURSEMENTS TO 2316 30 10 01 77220
REGISTRATION, TUITION TO MEET W IC GRANT
REQUIREMENT TO HIRE & TRAIN 5 PEER HELPERS TO
ASS’T W / NEW MOTHERS. - FINANCE COMMITTEE
123. HORNER, B, W ARD 9 COUNCILMEMBER: REQ TO AMEND SEC 1313.01 & SEC 1315.01 TO CHANGE
THE RATIO OF ELECTRICAL & PLUMBING CONTRACTOR &
JOURNEYMAN ELECTRICIAN OR JOURNEYMAN
PLUMBERS TO APPRENTICES BASED UPON
RECOMMENDATIONS OF THE CANTON CONSTRUCTION
BOARD. - JUDICIARY COMMITTEE
124. COMMUNITY DEV DIRECTOR W ILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO
CONTRACT W /YW CA OF CANTON TO PROVIDE A GRANT
UTILIZING HOME FUNDS IN AMT NOT TO EXCEED
$100,000.00 FOR TRANSITIONAL HOUSING PROJ @ 626
W ALNUT AVE NE. - COMMUNITY & ECONOMIC
DEVELOPMENT COMMITTEE
125. COMMUNITY DEV DIRECTOR W ILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO
CONTRACT W /STARK COUNTY OUT OF POVERTY
PARTNERSHIP TO PROVIDE A GRANT UTILIZING HOME
FUNDS IN AMT NOT TO EXCEED $500,000.00 FOR
HOUSING PROJECTS TO BENEFIT LOW & MODERATE
INCOME FAMILIES & ADMIN OF HOME FUNDS. -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
126. COMMUNITY DEV DIRECTOR W ILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO
CONTRACT W /FREED HOUSING CORP PARTNERSHIP TO
PROVIDE A GRANT UTILIZING HOME FUNDS IN AMT NOT
TO EXCEED $500,000.00 FOR HOUSING PROJECTS TO
BENEFIT LOW & MODERATE INCOME FAMILIES. -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
127. SERVICE DIRECTOR PRICE: REQ TO RATIFY TENTATIVE AGMT REACHED BETW EEN
CITY & AFSCME LOCAL 3449 RESULTING FROM RECENT
W AGE REOPENER. - PERSONNEL & FINANCE
COMMITTEES
128. SERVICE DIRECTOR PRICE: AS A FOLLOW UP TO C#120, REQ TO AUTHORIZE &
DIRECT SERV DIR TO ENTER INTO PROF ENGINEERING
AGMT W /M-E COMPANIES IN AMT NOT TO EXCEED
$65,415.00 FOR PURPOSE OF PREPARING PLANS &
SPECIFICATIONS FOR HARTVILLE/LAKE W ATER MAIN EXT
PROJ; AUTHORIZE $65,415.00 SUPP APPROP FROM
UNAPPROP BAL OF 5201 W ATER W ORKS FUND TO 5201-
207026 THE HARTVILLE/LAKE TW NP W ATER MAIN EXT
PROJ, 2011; AUTHORIZE & DIRECT SERV DIR TO
ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR
CONSTRUCTION OF SAID PROJ. - ENVIRONMENTAL &
PUBLIC UTILITIES & FINANCE COMMITTEE
129. SERVICE DIRECTOR PRICE: REQ TO RATIFY THE ACTIONS OF THE SERV DIR FOR
REPLACEMENT OF THE W ATER TRANSMISSION MAIN
THAT PRESENTLY SPANS THE 55 TH ST BRIDGE. - PUBLIC
SAFETY & THOROUGHFARES COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 11, 2011
COM M UNICATIONS CONTINUED:
130. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS & CITY’S OUTSTANDING
INVESTMENTS AS OF 3/31/11. - RECEIVED & FILED
131. TREASURER SCHIRACK: COMPARATIVE OF CASH RPTS FILED AS OF 3/31/11. -
RECEIVED & FILED
132. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK
BOX ACCT FOR MARCH 2011. - RECEIVED & FILED
133. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR MARCH 2011. -
RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AMEND APPROP O#245/2010, AS AMENDED, BY MAKING VARIOUS SUPP APPROPS; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 2. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR ONE 2011 HEAVY
DUTY CREW TRUCK CHASSIS IN AN AMT NOT TO EXCEED $40,000.00 FOR W ATER DEPT;
AUTHORIZE SERV DIR TO ENTER INTO CONTRACT FOR PURCHASE OF VARIOUS VEHICLES
PURSUANT TO STATE COOP PURCH AGMT FOR W ATER DEPT; EMERGENCY
Referred to Public Property Capital Im provem ent Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#3 - O#8)
2 ND RDG 3. APPROVE STATEMENT OF SERV TO BE PROVIDED TO PROPERTY OW NER IN THE BROAD AVE
ANNEXATION AREA, THE APPROXIMATE DATE SERV W ILL BE PROVIDED, PROCEDURE FOR
INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON; EMERGENCY
(ANNEX)
2 ND RDG 4. AUTHORIZE MAYOR AND/OR SERV DIR TO AMEND THE GEORGETOW N RD COOP ECONOMIC DEV
AGMT (CEDA) TO INCLUDE THE ARMORY ANNEXATION AREA; EMERGENCY (ANNEX)
2 ND RDG 5. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W /STARK COMMUNITY
FOUNDATION TO PROVIDE A GRANT IN AN AMT NOT TO EXCEED $50,000.00; EMERGENCY (C&ED)
2 ND RDG 6. DECLARE THE IMPROVEMENT OF CERTAIN REAL PROP LOCATED IN CITY OF CANTON TO BE A
PUBLIC PURPOSE; DECLARE A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATE THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED;
DESIGNATE INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT W ILL BENEFIT SUCH PROP;
REQUIRE ANNUAL SERV PYMTS IN LIEU OF TAXES; ESTABLISH THE 2181 GERVASI 1700 LLC TIF
FUND; EMERGENCY (FIN)
2 ND RDG 7. DECLARE THE IMPROVEMENT OF CERTAIN REAL PROP LOCATED IN CITY OF CANTON TO BE A
PUBLIC PURPOSE; DECLARE A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATE THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED;
DESIGNATE INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT W ILL BENEFIT SUCH PROP;
REQUIRE ANNUAL SERV PYMTS IN LIEU OF TAXES; ESTABLISH THE 2180 MILLS INDUSTRIAL PARK
TIF FUND; EMERGENCY (FIN)
2 ND RDG 8. APPROVE CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGMT BETW EEN CITY OF
CANTON AND LOCAL 2937 AND OHIO COUNCIL 8; EMERGENCY (PER & FIN)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
54/2011 9. AMEND SECTION 1169.02, APPLICATION FOR CONDITIONAL USE PERMIT, OF THE CODIFIED
ORDINANCES FOR THE CITY OF CANTON (FEE CHANGE TO $75.00) PUB HRG. 4/11/11 @ 7:30 PM
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
W EDNESDAY, APRIL 13, 2011 in Council Chamber at 5:30 P.M .
Budget Finance Review Meeting
M ONDAY, APRIL 18, 2011 in Council Chamber at 6:45 P.M .
1) Finance Com m ittee
2) Public Property Capital Im provem ent Com m ittee
M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Asking som eone to address the em ail she received from Rosario Carcione
regarding traffic division vs. am bulance service. Service Director Price re: Relayed that he could not address it at the
m om ent because he just received the em ail this afternoon and has not had enough tim e to verify the num bers; Mem ber Cirelli
re: Asked which is m ore im portant, an am bulance or a ticket writer; Mem ber W est re: Invited everyone for B-Earth Day on
April 30 th from 10:00 AM to 8:00 PM at Nim isilla Park; Mem ber Cole re: Updated Council on the fuel quality issue and
relayed that he and the Law Director m et with Auditor Harold to discuss the sam e; President Schulm an re: Responded to
Pastor Morgan by saying that he felt his tone was harsh and unfair to the Mayor and his statem ent against the TIF was
som ewhat m isplaced.
ADJOURNM ENT: 8:00 pm
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 18, 2011 @ 7:30 PM
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