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City Council

Regular Meeting

Canton, OH · May 23, 2011

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Minutes

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -321- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: I am astounded that we have these many people tonight because I could not find my way into the building. So, (laughter) sidewalk closed, sidewalk closed but it looks beautiful so it’s worth the wait and the inconvenience and we’re putting our citizens to work which is the most important thing. With a quorum 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: Eleven present. (MEMBER CIRELLI ATTENDED THE MEETING AFTER ROLL CALL TAKEN) PRESIDENT SCHULMAN: Thank you Madame Clerk, you know I was going to say thank you your Honor. (Laughter) CLERK TIMBERLAKE: I’ll take that. (Laughter) PRESIDENT SCHULMAN: This has been...this has been way too long of a day. We’ll have our invocation tonight given by our esteemed Majority Leader and Ward 6 Council Member David Dougherty. If you will all please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on May 23, 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 Majority Leader and Ward 6 Council Member David Dougherty. The Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: Thank you Leader. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agendas and Changes. Leader Dougherty. MEMBER DOUGHERTY: I move we suspend Rule 22A to add 2nd Readings of Ordinances #12 through #21. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to that you suspend Rule 22A. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -322- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: Thank you Madame Clerk, Rule 22A is suspended and the Ordinances are a legal part of your agenda. Before we go to Public Hearings, of which we have none tonight, I want the record to reflect very clearly that Member Cirelli was here for the Caucus and was out in the hall and was not here for roll call but Member Cirelli has been here all evening. So, let the record reflect that Member Cirelli is now with us. MEMBER CIRELLI: Thank you Mr. President. PRESIDENT SCHULMAN: Thank you Member. PUBLIC HEARINGS PRESIDENT SCHULMAN: As I said, we have no public hearings tonight. OLD BUSINESS PRESIDENT SCHULMAN: We’re under Old Business. And I’ll turn this part of the procedure over to the Mayor’s Chief of Staff, Mr. Price. CHIEF OF STAFF PRICE: Thank you Mr. President. While I don’t any specific Old Business from the last meeting, I did want to give you an update on the situation with high weeds and grass, the vacant lot mowing. I’d given you some numbers the last time I was here at City Council and did explain that we mowed about 4,000 lots last year and we’re estimating that we’d probably have about 4,500 this year. So far the list is at 4,800 and the complaints continue to come in everyday. When we’re done we’ll probably be over 5,000 vacant lots this year. Given the existing resources we have under our current program, we are able to do that number but barely and so, I will share with you that in terms of the numbers of vacant lots we have to deal with in Canton, the City is reaching it’s limits as to what it can do with our existing system. In terms of short term enhancements, I have authorized the Street Department to higher some seasonals to add at least one crew which should bump up the 200...our goal is to bump it up from 200 lots per week, which we’re currently able to do adding about 30 to 40 weeks per week and we’ll add whatever personnel we can that’s still practicable to do...to do to see that we get as many done as possible. In addition, I’ve asked the Engineering Department to prepare a GIS map of all of the parcels that we have in the database in the Street Department and all of the parcels that are being added on. What I’ve instructed our folks to do with that database and the GIS map is to begin looking more long term and identify these parcels in a systematic way and figure out what those can be used for, what the best solution is for those and so that process is ongoing as well. We have done some GIS mapping in the past of vacant lots but what I’ve done this time is I’m asking them for a comprehensive list to include Streets, Building Department, all of the various Departments that deal with these sorts of issues will have those and we’re going to track what those properties are zoned, if there’s structures on those properties but most importantly, we’re going to map those and try to identify where we have pulls of those and try to figure out a longer term solution as to what to do with those. That’s going to require...you get the calls, I get the calls from you but in terms of the front lines, the complaints from residents, I know that, that goes to Council, we are doing the best we can at this point, we will be doing better because of the personnel, we’re going to add the couple of extra crews that we’ll have working on this situation. But in terms of a long term solution, I would just ask Council to appreciate I guess or to consider the complexity of the...the issue that we face. Just substantively doing the work, mowing the lawns is more complicated then one might think. We’re not using five horse powered Craftsman push mowers to do these lots and that’s great that we get equipment donated or that we’d have neighborhood groups that are able to do that. These lots by the time we get to them, COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -323- MINUTES OF THE MEETING MAY 23, 2011 or in the areas they’re in, many of them contain trash and garbage or tires and debris once the grass gets over a foot, we’re generally mowing these with our 25, $30,000.00 John Deere mowers with brush hogs on the back and we use our smaller equipment and then trim them up and do those other things. But physically mowing them is more complicated then a lot of people realize. Those lots all have to be inspected and cleared before we’re going to put that 30,000 or $40,000.00 worth of equipment on those lots. And then in terms of what do you do, the fact that we have about reached our threshold in terms of our capacity from a personnel and equipment standpoint to deal with the number of vacant lots we have, certainly demands a longer term solution and on that front I think we need to broaden the involvement to include certainly Council, I know many of you have ideas on that but also the community to deal with the vacant lot situation because, you know, it’s our City and you come through Canton, folks are going to look at the best we have to offer but they’re also going to see some of the challenges we face. And so, as we move forward and develop this map and I’d be happy to include any of you to this strategic planning process. I know Majority Leader Dougherty has expressed an interest and so there’s going to be a meeting, I’ll...I’m certainly going to invite him to once we get our ducks in a row and have some...some more data and this mapping done and we may want to broaden that for those of you who express interest I’ll include you and if there’s enough...and we probably should make that a public meeting and talk about some of our ideas for dealing the lot situation. Thank you. PRESIDENT SCHULMAN: Member Hawk, did you want to say something? MEMBER HAWK: I think I have a comment under Miscellaneous Business, it may be more appropriate but if you happen to give me the time now, it won’t take long. PRESIDENT SCHULMAN: Well I think it makes sense as long as were talking about this issue. MEMBER HAWK: I think that one of the things we need to do with all our lots is begin our land banking program and get that thing kicked off and up and started and done, get together with the County on that so we can put these properties back in the useable hands and then back on the tax docket, that’s something we really need to do, we’ve kicked it around a couple times and this hasn’t gone very far but we need not just meetings but some positive forward progress on that, it will help a lot, put those hands and properties back where somebody takes care of them. The other thing is that we might want to take a look at using our 2008 Ordinance where we can cite people to Court. We have not cited anyone yet and I turned in a test today on this so, if we could get one done on Broad Avenue NW. Let’s put some of these people who violate the rules into the Court system and let them pay a fine plus that. I think in some instances and one of the points of our 2008 Ordinance was that we are a cheap lawn mowing service for some of these people who own these lots. We mow them and they sometimes pay it and they sometimes do not pay it but they are still cheaper then they can get it done, the fine may alleviate some of that problem, it won’t alleviate all of them there is only a small percentage but if we get a few of them off, it’s less we have to do. But I’d be willing to...I would ask to serve on the land banking committee to get this thing up and running. PRESIDENT SCHULMAN: Thank you Member Hawk. Member Smuckler. MEMBER SMUCKLER: Mr. President, over the past few weeks as this grass keeps growing, Mary Cirelli has done a wonderful job of looking up who some of these property owners are. I think it’s time they were embarrassed, they were embarrassed publically because some of the people are prominent citizens of this community that are letting us mow the lots for them. And Joe, I don’t know how you do this but I just think COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -324- MINUTES OF THE MEETING MAY 23, 2011 it’s enough already. I remember serving with Member Dougherty 15 years ago, the one grass cutting during the summer wouldn’t have been enough and most of the Ward Council People will find out that one grass cutting during the summer will not satisfy your constituents at all and this is just...like I said it’s enough already. Publicize who these names are, take them to Court to get the top 12 offenders and there’s plenty of local people that Mary has looked up already that are here, they’re not in Tim Buck Two, they’re here. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Today, and I had asked the Auditor...the County Auditor and he sent a note of apology and I told him to get me all the documents and what have you. On the weeds, on the demolitions, the boarded up properties, the debts to the sewer and debts to the water, this alone is the one for the weeds in itself. And I...and it’s by parcel number so I’m...will make you a copy Mr. Price and what have you and I would like to serve on a committee to see that this totals as of March for weeds alone...March 21, 2011, $414,544.06. Now, I can only assume that this....these are only the ones that they’re saying are uncollectible. So, it’s going to be interesting to see because as Member Smuckler said, I have found many occasions where there are some people here that do have the money and they’re just allowing the City to come in and cut the grass and it’s cheaper for them then to have to pick up a phone and hire a lawn maintenance company. And we’re always saying we want to helps small businesses but we’re sort of cutting out the small businesses if we jump in there and cut their lawns for them when they in fact could be brought up and on a shame list or what have you and realize we’re not going to do this for you and I had sent a lengthy email to everybody and some it got seen and some did not and the Law Director gave me an answer from Dave Smith, which really isn’t setting with me too well with me right now because I think we can really do..it’s..it behooves us to go after the people with the money. This is wrong for us to just continue this because we passed last week $50,000.00 to bring youth on with this position and with cutting some of these yards and what have you, well some of these people just are appear taking advantage of the City and it’s not right. PRESIDENT SCHULMAN: Thank you Member Cirelli. CHIEF OF STAFF PRICE: Mr. President, and while...and while I agree with anybody whose...whose said “Hey use the stick and go out and embarrass some folks and prosecutes some of these people.” I agree with you wholeheartedly but again, I want to continue to emphasize and because I think it’s important, we have 5,000 vacant lots in the City of Canton, we have about 42,000 parcels of property total in the City. Over 10% of the parcels in this City are now vacant. Alright..and you’re going to find a percentage of these people that we know who they and track them down. One of the emails I received was about a guy on 901 Prospect SW... I think, okay, you look it up in the Auditor’s Office, there is an income tax mailing address that’s in North Canton but when you look up that address in North Canton, his name is not a title owner, I can’t find any evidence that he lived there and...and I found a My Space page that was kind of in bad taste and really didn’t give me much more information and that took me, I don’t know, 15, 20 minutes, I mean...so you’re going to find, I mean there are...you’re going to find examples of people who..who are here and that we potentially could go after. But for every person that we know where their at, and they might have the money to do it, yes I mean criminally, maybe you can fine them but in terms of liens on the property, most of these properties are already so liened up that the liens exceed the value of the property. But in terms of the long term solution for COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -325- MINUTES OF THE MEETING MAY 23, 2011 Canton, while it’s important I think to go and enforce our laws and fine people and to set examples, for the vast majority of these lots, they were foreclosures, they are “bank..... MEMBER WEST: Owned CHIEF OF STAFF PRICE:...controlled” well but the bank doesn’t take title, okay we can’t put the liens on the...banks are smart, they don’t...you can’t put the liens on the bank, the liens go on the property, which are already liened up. And so what I’m saying is the vast majority of this 5,000 lots, while yes, some of these and the City of Canton should do what it can and should probably do a better job of going after these people and it’s about time we set some examples but we still have to think about the vast majority of those that are not collectable and figure out a plan to deal with those and just simply mowing, tearing down and then mowing, one plus one plus one, we’re now to a point where fair warning, I want the public and the City to know that while we can still manage this...this here, the complaints continue to come in. I’ll assure ya, we’ll find a way to get it done this year but we’re reaching a threshold and it doesn’t look it’s...it’s going away. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Service Director, is there any possibility that we can offer incentives to the community and to the public to care for some of these lots their selves like maybe giving them a break on their water bill for cutting lots, I mean something to that affect or some other type of incentive, tax break of some sort and then let them take care a lot of the properties that exist in their own neighborhoods and probably could do a better job then us because I’m...I agree with Bill Smuckler, one time is not going to be enough all summer, especially with the rain that we’ve had. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Yes, again I’ll say the two key word...Mr. Price, you’re exactly correct, there is no 100% solution for any of it but what we must do is take the tools we have before us and use those tools to begin reducing it. Land banking is something I think can help probably cut maybe 15, 18% off of this thing. Prosecuting some people might cut a few more points off of it but every time we do one thing, we’re saving some dollars and a program will grow it. If we establish land banking, we will have ways to put these vacant lots back into useful for production. Jim Rokakis, out of Cuyahoga County, one of the guys unsmudge...or untouched by the whole process up there has instituted an excellent program on land banking. And he got that from the Genesee County, Michigan, the Flint, Michigan land banking people who were...had funding at one point in time to come down and teach us how to do it. They took advantage up there and they’ve....they’ve now established the land banking in Ohio. So the template is there, it fits within Ohio laws, it’s workable, it’s doable and we need to get the County on board and I think they’re willing to do it at this time. Let’s sit down and really do this and get these lots back into somebody’s hands that want them and will take care of them. If nothing else, if we could gather some of them up and put them into Habitat for Humanity homes or somebody could build on them. All of them are positive things and I think we just need to do this. Mr. Rokakis will come down and help educate us, I made the initial contact on that, it’s there but set it up lets do it, lets quit talking about it because you know what will happen, we’ll be here next spring talking about the same thing because winter will come and we won’t have to mow grass. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -326- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: Well.... MEMBER HAWK: We’ll all forget about until next spring again. PRESIDENT SCHULMAN: I think that anyone else who has not spoken? Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. In response to some of the suggestions so far, it is aggravating. Obviously it’s a very frustrating situation for all of you and all of us. One can do a list of shame, Member Cirelli inquired about that awhile ago. These liens, these cost assessments are public records and much like the County, occasionally publishes those back taxes that are due in an insert in a newspaper, we could put it on our website, we could announce a few names, obviously you want to balance the time that everyone has efficiently. But it is possible to list those names of the most egregious as you’ve asked and mentioned. With regard to land banking, I’m very, very definitely interested in meeting with the County through John Ferrero’s Office and Member Hawk, someone from Cleveland who’s been there, done that to see from their experiences. Mr. Price and I had discussed a number of these things. And lastly, our collections lawyer who specializes in the law of collections has provided an analysis that goes through several steps to determine when some of these folks are truly not collectible. And the banks are up to a number of tricks that we have to try to find a way through as well. But, we will collect those that member Cirelli has dug up so earnestly for us, when we go through the analysis and determine their collectible and that’s part of the analysis that Mr. Smith has forwarded to you. Thank you. PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yeah, maybe you could have...if you’re having trouble filling the next Canton Connection, you could use a couple pages and post the names in there. PRESIDENT SCHULMAN: That’s a great idea. Thank you for all your remarks, I opened this up kind of unusually for there are procedures because what I think has been identified and you identified it Director, is an urban problem and it’s not jus...it’s not grass, I mean grass is a part of it but it’s a deeper problem that is urban blight that creates the problem I think...I wasn’t here last week but we heard about last week with the decaying and the deterioration of our urban neighborhoods. So, this is just a symptom of that and I think everyone has identified it and I would just remind again, the MIT report which was issued four years ago, the number one priority was land banking and it’s time, it’s time to land bank, it’s time to do what was recommended because that was the number one priority even before the economic catastrophe hit. So, you’ve had some great ideas. I appreciate it Director, I know you’ll take all the remarks to heart and start strategizing for the long term but lets do it quickly I hope. PUBLIC SPEAKS PRESIDENT SCHULMAN: So, with that we’re now under Public Speaks. We have four speakers this evening. Our first speaker, and by the way, if you’ll hold your remarks to three minutes please, we would COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -327- MINUTES OF THE MEETING MAY 23, 2011 appreciate it. Patricia Kirk, good evening again, welcome and if you’d give us your name and residential address. PATRICIA KIRK: Patricia Kirk, 131 5th St NE. I’m representing Downtown Central Neighborhood Association. We’ve planned to build soil retaining walls for planting in Kresge Lot for two years. This is the year when we’ve been granted CDBG funds for the project through Stark Community Foundation. This project means a lot to surrounding businesses and people. Imagine my shock...imagine my shock when checking Kresge Lot activity dates from the Chamber that the City Administration plans to have a butterfly garden utilizing the same landscaping company in the same place. One project could destroy the other. I was open with project specs and proposals with the Administration by December, 2010 but was not told of the City plans. The City has a representative helping to decide CDBG grants on Stark Community Foundation. I trust communication can be improved and motives put aside so Downtown Central can realize their project. Thank you. PRESIDENT SCHULMAN: Thank you. Thank you very much, thank you for uh....thank you Ms. Kirk for all your community involvement, we appreciate it. Our next speaker is Brenda Kimbrough, good evening, welcome, if you’ll give us your name and your residential address please. BRENDA KIMBROUGH: My name is Brenda Kimbrough and I live at 902 Lippert Avenue NE. And my concern is about our youth. How are the children going to spend time in America? Did you know every 4 minutes a child is arrested for a drug offense? Every 7 minutes a child is arrested with a violent crime. Every 44 minutes children die in an accident. Every 3 hours a teenager is killed by a firearm. Every day in America 33 children die from accidents, 201 are arrested under violent crimes, 404 are arrested for drugs and I love this one, 1,809...18,493 public school students are suspended everyday in America which means one thing, our kids are not spending their time wisely. So, I have some suggestions, one of the things I said in Canton, I’m worried...I’m concerned because in Canton we used to have 3 swimming pools that were open to the public and their gone in favor of having indoor pools, which are now gone also. So now what are our children going to do with their time? Well, one of the things we can do is enjoy our parks or can we? Well, I just discovered after working 15 years of volunteering to do a day camp for underprivileged, under served kids, donations everything, I just found out that the Canton Park Department requires $20.00 a day for the students for you to use pavilions in the park. Now that doesn’t sound like much when you just have one day, one month, one time but when you do a 10 day camp, that’s $200.00 and that’s kind of hard for kids who are going that have no money, whose parents are under served, and they are people with no jobs and we’re trying to provide a service. So I’m just wondering, what can kids do in Canton? Thank you. PRESIDENT SCHULMAN: Thank you. Thank you Ms. Kimbrough. Our next speaker is Timothy Gissiner. Good evening sir, if you’ll come forward and give us your name and your residential address please. And welcome. TIMOTHY GISSINER: My name is Timothy Jack Gissiner.... PRESIDENT SCHULMAN: Sorry. TIMOTHY GISSINER: ...located at 3600....3-6-0-0 Arnold Avenue NW in Canton, Ohio. Regarding that land banking, I...I...I know that there is a way that you can get your tax money because I had to deal with that through the judiciary review through the Muskingum Conservancy District, you can probably pursue that COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -328- MINUTES OF THE MEETING MAY 23, 2011 aspect to try and locate who owns what because I had to pay back taxes on the property that I bought that never were included in the sales agreement that I had with Kiko. Anyway, these are additional complaints from my Ward number 8, again this involves something after...Monday through Friday, 8 to 4:30 at approximately 4:10 PM a green Honda Civic, 4-door located on 35th Street NW, license #DD38VJ, State of Ohio parked on a pedestrian sidewalk. Same area at the previously noted time and date a Toyota Highlander parked on pedestrian sidewalk, license #EOY7630, State of Ohio. On the 21st of May, apparently I am receiving complaints from a neighbor located at 3604 Arnold Avenue NW regarding my previously noted complaint regarding a Street Department issue which involves a storm drain from another neighbor. This was noted by a visitor named Ken who stated that “Your house looks like a piece of shit.” I replied to him saying that “You look....” Oh I’m sorry, I replied to him saying “You sound as dumb as you look.” Apparently this may involve public intoxication due to the fact that they were out drinking beer on their front porch, both of them...two..ah...a female and a male. Apparently...I don’t know if they’re both visitors or if they’re both occupants. Same evening on the 21st of May, I was assisted and corrected to the fact that there are several utility poles that need attention in and around the 8th Ward. The gentleman who wished to remain nameless identified the defected treated wood utility pole as OPC747D4-89, that is D not as in...I’m sorry, that is D as in David not 0 as in the letter zero. I also notified the Canton City Sign Department regarding additional traffic sign damage including an addition to the complaint, this is located at Westview Avenue NW and 35th Street NW. Also a large amount of brush pile debris located in the backyard of 1128 37th Street NW, it’s a local and friendly neighbor earlier complained to me about this... PRESIDENT SCHULMAN: Mr. Gissiner, you have about 10 seconds. TIMOTHY GISSINER: I’m finished. PRESIDENT SCHULMAN: Okay, thank you very much, thanks. Our last speaker is James Parker. Mr. Parker, good evening, if you’ll step forward and give us your name and your residential address please and welcome. JAMES PARKER: Good evening. My name is James Parker, I reside at 630 Penny Street SE, City of North Canton. Dear Honorable William Healy II, his Chief of Staff and Canton City Council, the 28th day of May, 2011 will mark the 124 year since the earth of the legend, Jim Thorpe near Prague, Oklahoma in 1887. My question, how has the City of Canton honored the foremost All-American, native athlete of the 20th century? Jim Thorpe’s athletic excellence led the Canton Bulldogs team to win world championships in professional football undefeated in 1916, champions 1917, 1919, laying the foundation for Canton’s ironic status as the Pro Football Hall of Fame City. In memory of Jim Thorpe’s indomitable spirit and his legendary contributions to Canton’s glory days of professional football, I’m requesting Canton City Council to pass an Informal Resolution leading to a formal proclamation that distinguishes Canton’s Central Plaza, from the MIT study, a.k.a. Center City, as the Jim Thorpe Plaza, in addition to an official Jim Thorpe Day. Branding downtown Canton with a Jim Thorpe Plaza could prime the pump for an avant garde sports arts partnership. Proudly displaying Canton’s important contributions to the origins and growth of professional football heightens brand recognition as Canton’s unique and special place as the Pro Football Hall of Fame City. Being committed to valuing what is special and unique...excuse me...Being committed to what valuing what is different about Canton, shows that we stand for who we are and what we are known for in American culture. While this seems like a touchdown to those savvy to a sports-tourism mind set, let’s verify our best ideas by forming a committee that examines consumer perspectives of the roughly 200,000 tourists who annually visit Canton’s Professional Football Hall of Fame. What is the average consumer expenditures, length of stay, intent to COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -329- MINUTES OF THE MEETING MAY 23, 2011 return, etc., compared to other hall of fame cities that have unified cohesively with their museums themes? Example, Springfield, Massachusetts and the Pro Basketball Hall of Fame, Cooperstown, New York and baseball, the list goes on and on. How can we utilize those benchmarks and consumer perspectives to seamlessly transition football tourists to visit downtown Canton? What drivers should we implement and what brand enhancement can be initiated that are congruous with this goal? Furthermore, what benchmarks and by what yardstick are we measuring our current progress that is considered by some, a smashing success? In 2009, Arts and Stark CEO, Mr. Robb Hankins had asked us to think, consider and imagine football art downtown. His latest 20/20 Stark project idea is to think of innovation. However, the bridge between imagination and innovation is realization. We need to realize that tourism is the third largest industry behind oil and mining. A vibrant flow of sports tourism dollars coming into downtown Canton brings opportunity and hope for homesteads and people wanting to make a stake in business here. A sports arts partnership would improve quality of life and conversely decrease crime due to increased opportunity for legitimate income. It is not money but the lack of money that is at the root of all evil. Let’s perform our due diligence and duty, be accountable towards Canton’s downtown branding and marking strategies. Let’s compare our research findings to what some currently accept as a thriving arts community and contrast that against these studies in order to reach for our true potential. Heros like Jim Thorpe allow us to know our real limits and give us goals to strive towards achieving. I would venture to say that a highly visible branding of Canton’s downtown to the glory days as World champions of professional football, along with more football and sports related brainstorms would give us the game changer and edge Canton needs to catapult local football tourism towards unprecedented and sustainable levels using an avant garde sports partnership. Tangentially, we could strengthen both our concord..... PRESIDENT SCHULMAN: You have about...sorry, 15 seconds, I’ve given you almost 4 minutes. JAMES PARKER: ....tangentially, we could strengthen both our concord and competitive spirit with Tigertown, no need to say Massillon by bridging Stark County with a Pro Football Heritage Trail, exponentially increasing County revenue through football tourism dollars. Implementing these ideas can prepare Canton for the future 50 years as the Pro Football Hall of Fame City. Thank you ladies and gentlemen. PRESIDENT SCHULMAN: Thank you very much. Okay, that concludes Public Speaks, thank you Mr. Parker for your words. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk, would you please begin Resolution #16. #16. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF MIKE BROWN TO CANTON RECREATION BOARD FOR RETRO TERM FROM 1/1/11 - 12/31/15 - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 16. MEMBER PRATER: Seconded. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -330- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution #16. Any remarks under this Resolution? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries, the Resolution is adopted. Resolution 17 please. #17. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF PAT BARTON AND WARREN PRICE TO SERVE ON JOINT COMMITTEE W/CANTON TOWNSHIP IN THE I-77 CEDA AGMT COMMENCING 5/23/11 - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. I know it’s difficult but... MEMBER DOUGHERTY: I move we adopt Resolution 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 17. Any remarks? Hearing none, Madame Clerk...oh Madame Clerk, hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #17 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it incredibly, Resolution 17 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 MAY 23, 2011. 195. AUDITOR MALLONN: REQ $25,387.44 SUPP APPROP FROM UNAPPROP BAL 4501 CAPITAL IMPROV FUND TO 4501 20-20-52 GP 1035 35TH ST NE PROJ DEBT OTHER; $15,000.00 SUPP APPROP FROM UNAPPROP BAL 7131 DOWNTOWN SPEC IMPROV FUND TO 7131 DOWNTOWN SPEC IMPROV DISTRIST OTHER; AND $4,200.00 APPROP TRANSFER FROM 1001 801001 AUDITOR PERSONNEL TO 1001 801001 AUDITOR OTHER. - PUBLIC PROPERTY CAPITAL IMPROVEMENT & FINANCE COMMITTEES 196. CNCL-AT-LRG MBRS COLE & SMUCKLER, CNCL MBRS HAWK, WEST, GRIFFIN, SMITH, PRATER, DOUGHERTY, BARTON, BUTTERWORTH & HORNER: SUPPORT OF JAMES KNIGHT, CERTIFIED CRIME PREVENTION SPECIALIST FOR STARK COUNTY PROSECUTOR’S OFFICE TO RECV OFFICE OF CRIMINAL JUSTICE SERV - JUSTICE ASST COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -331- MINUTES OF THE MEETING MAY 23, 2011 GRANT. - RECEIVED & FILED 197. CNCL MBRS HAWK & BARTON: AUTHORIZE LEGISLATION FOR THE TRANSFER OF LEHMAN SCHOOL FROM THE SCHOOL BOARD TO THE CITY IN EXCHANGE FOR CITY OWNED REAL PROP; REQ AUTHORIZATION TO TRANSFER PROP TO CCIC. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 198. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 D3 D3A LIQUOR PERMIT FOR AURICLE LTD DBA THE AURICLE @ 601 CLEVELAND AVE NW. - RECEIVED & FILED 199. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D5 LIQUOR PERMIT FROM SCOTT J GUBESCH DBA SCOTTY’S 1117 WERTZ AV NW & PATIO TO GREG AND TINAS PLACE LLC DBA GREG AND TINAS PLACE & PATIO 1117 WERTZ AV NW. - RECEIVED & FILED 200. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D5 LIQUOR PERMIT FOR CORK & CANVAS ON 3RD LLC @ 322 3RD ST NW. - RECEIVED & FILED 201. MAYOR WILLIAM HEALY: APPRV APPT OF MARK KINDEL TO CANTON CONSTRUCTION BOARD FOR REMAINDER OF TERM EXPIRING AS JOURNEYMAN ELECTRICIAN. - PERSONNEL COMMITTEE 202. SAFETY DIRECTOR REAM: AUTHORIZE PYMT OF $1,313.00 AS MORAL OB TO SIGNATURE CONTROL SYSTEMS, LLC FOR REPAIR AT MILLENNIUM PARKING DECK. - FINANCE COMMITTEE 203. SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ENTER INTO AGMT W/STARK COUNTY TRANSPORTATION IMPROVEMENT DISTRICT TO RECV $100,000.00 GRANT REIMBURSEMENT FOR 12TH ST CORRIDOR PROJ. - FINANCE COMMITTEE 204. SERVICE DIRECTOR PRICE: REQ VARIOUS SUPP FOR GRANT REIMBURSEMENTS (MUNI RD FUND - ENG ADMIN AND STREET MAINT - TRAFFIC SIGNAL). - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances for their First Reading. Let the Journal show that all these 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 ORDINANCES #1 THROUGH #11 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING SECTION 1313.01, DEFINITIONS AND SECTION 1315.01, DEFINITIONS OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (PLUMBING AND ELECTRICAL APPRENTICE) COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -332- MINUTES OF THE MEETING MAY 23, 2011 Referred to Judiciary Committee #2. (1ST RDG) ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPLE AMOUNT NOT TO EXCEED $1,700,000 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 #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES FOR THE WATER PARK FACILITY PROJECT AT THE EDWARD “PEEL” COLEMAN CENTER; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR THE CONSTRUCTION PHASE OF THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FUNDING AGREEMENT WITH JUMP START IN AN AMOUNT NOT TO EXCEED $100,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION (CCIC) TO PROVIDE A GRANT UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN AN AMOUNT NOT TO EXCEED $500,000.00 FOR ECONOMIC DEVELOPMENT PROJECTS, LOANS AND ADMINISTRATIVE COSTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE STARK COUNTY BOARD OF COMMISSIONERS FOR THE TRANSFER OF A STORM SEWER WITHIN THE PARK FARMS PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONSULTANT CONTRACT WITH GPD GROUP FOR THE 41ST STREET NW STORM SEWER PROJECT, G.P. 1126; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; EMERGENCY ($80,956.00) COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -333- MINUTES OF THE MEETING MAY 23, 2011 Referred to Public Property Capital Improvement Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONSULTANT CONTRACT WITH HAMMONTREE AND ASSOCIATES, LTD. FOR THE NE CANTON INDUSTRIAL PARK PROJECT AND TO ENTER INTO A COOPERATIVE PROJECT AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION (CCIC) FOR THE FUNDING AND ADMINISTRATION OF THE DESIGN AND CONSTRUCTION OF THE NE CANTON INDUSTRIAL PARK PROJECT AND TO RECEIVE REIMBURSEMENT FOR CITY SERVICES PROVIDED TO THE CCIC; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($212,175.00 INFRASTRUCTURE BOND FUND) Referred to Public Property Capital Improvement Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AND LICENSE AGREEMENT WITH THE DOWNTOWN SPECIAL IMPROVEMENT DISTRICT AND KING PROPERTIES, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONSULTANT CONTRACT WITH CTI ENGINEERS, INC. FOR THE 55TH STREET NE STORM SEWER PROJECT, G.P. 1125; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($193,300.00 INFRASTRUCTURE BOND FUND) Referred to Public Property Capital Improvement Committee #11. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION NO. 245/2010, AS AMENDED; EMERGENCY (WATER FUND - $128,594.50) Referred to Public Safety & Thoroughfares Committee PRESIDENT SCHULMAN: Great job Madame Clerk, that was...those were 11 long Ordinances. It’s too bad we can’t go into Miscellaneous Business to give you a break but. (Laughter) ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for their Second Readings. Would you please begin with Ordinance 12. NOTE: PRESIDENT PRO TEM DOUGHERTY CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #12 THROUGH #21 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE VACATING PORTIONS OF REX AVENUE N.E., LODDY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -334- MINUTES OF THE MEETING MAY 23, 2011 PLACE N.E. AND AMERMAN PLACE N.E.; APPROVING AND ACCEPTING THE REPLAT OF NUMEROUS LOTS; AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 6/6/11 @ 7:30 P.M. #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COURTS TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH EXTRACT SYSTEMS IN AN AMOUNT NOT TO EXCEED $31,999.00 FOR THE PURCHASE OF REDACTION SOFTWARE; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER HEREIN DESCRIBED: AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 NEIGHBORHOOD STABILIZATION FUND) #15. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE APPROPRIATION TRANSFER HERE DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 NEIGHBORHOOD STABILIZATION 3 FUND) #16. (2ND RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECOMMENDATIONS REGARDING ENTERPRISE ZONE TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($229,696.00 COMMUNITY DEVELOPMENT FUND - EXPEND PRIOR PO’S) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY #19. (2ND RDG) A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF THE 2011 SUPPLEMENT TO THE CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; AND DECLARING THE SAME TO BE AN EMERGENCY #20. (2ND RDG) ADOPTED AS ORDINANCE NO. 79/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER CONTRACT WITH THE OHIO DESK COMPANY IN AN AMOUNT NOT TO EXCEED $79,027.74 FOR THE PURCHASE OF FURNITURE FOR THE NEW NO. 4 FIRE STATION PURSUANT TO O.R.C. SECTION 125.04; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -335- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule for Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance 20. 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. You’ve heard the three readings, Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 20. Any remarks under this Ordinance? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. As I asked a question in Committee and I want to thank the Safety Director and the Chief for providing me an itemized list of all the furniture and what have you. It is all made in the United States, a firm in North Canton is the company that they dealt with and I have all the prices here and all the papers, which Mr. Ream, thank you very much for seeing that I have that. Often times you know we will pick up the newspaper and we will read where Government went and bought and spent $350,000.00 on toilet seats and I just want to make sure it...this doesn’t come back to haunt us and that we’re buying the best that we possibly can for the best price that we can for the taxpayers. So that was why I sent out that email and asked...and requested that and I want to thank my staff for seeing that this was provided for me so then I can support it. So thank you sir. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 79/2011 #21. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE OHIO POWER COMPANY TO PROVIDE ELECTRIC ENERGY SERVICES TO THE WATER RECLAMATION FACILITY LOCATED AT 3650 CENTRAL AVENUE S.E.; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -336- MINUTES OF THE MEETING MAY 23, 2011 PRESIDENT SCHULMAN: Leader Dougherty. Oh, I’m sorry we’re now on third and final readings, huh? CLERK TIMBERLAKE: We’re ready now. PRESIDENT SCHULMAN: Is there a full moon tonight or something, I don’t get it. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Now we’re on to Ordinances and Formal Resolutions for their Third and Final Reading and vote. Madame Clerk would you begin with Ordinance 22 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #22 THROUGH #25 FOR THE THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 80/2011 AN ORDINANCE AMENDING EXHIBIT A AND CREATING AN EXHIBIT D TO ORDINANCE NO. 164/2001, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR ALL MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; REPEALING SECTION 151.22, PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) PICKUP, OF THE CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Now Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 22. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 80/2011 PRESIDENT SCHULMAN: Ordinance #22 is adopted. Ordinance #23 please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 81/2011 AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 22369 THRU 22377, 22379 THRU 22386, 39979 THRU 39983, 41278 THRU 41281, 37575 THRU 37579, 37581 THRU 37585 AND 41273 THRU 41277; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -337- MINUTES OF THE MEETING MAY 23, 2011 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 23. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 81/2011 PRESIDENT SCHULMAN: Ordinance #23 is adopted. Ordinance #24 please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 82/2011 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $675.00 TO MERCY MEDICAL CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 24. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. 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. #24 ADOPTED AS ORDINANCE NO. 82/2011 PRESIDENT SCHULMAN: Ordinance #24 is adopted. Ordinance #25 please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 83/2011 AN ORDINANCE AMENDING EXHIBIT B OF ORDINANCE NO. 34/2006 THAT DESIGNATED COMMERCIAL IMPROVEMENTS OF PROPERTY AT THE LESH ROAD/30TH STREET REDEVELOPMENT AREA SUBJECT TO TAX INCREMENT FINANCING; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 25. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -338- MINUTES OF THE MEETING MAY 23, 2011 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 83/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk, great job tonight. Ordinance 25 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member...Chairman Hawk. MEMBER HAWK: What is that shiny object hanging in the sky this evening, I’m kind of having a problem recognizing that. But anyway, the Finance Committee will meet Monday, June 6th promptly at 6:15 PM. PRESIDENT SCHULMAN: Thank you Mr. Chair. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: (Inaudible) PRESIDENT SCHULMAN: Thank you, any other announ...Member Smuckler. MEMBER SMUCKLER: Community and Economic Development will meet same time, same place. MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: Personnel will meet same time, same place. PRESIDENT SCHULMAN: Thank you. That’s it? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will meet at 6:15, June 6th. PRESIDENT SCHULMAN: Thanks. Any other announcements? COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -339- MINUTES OF THE MEETING MAY 23, 2011 MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Now we’re under Miscellaneous Business. Is there any? Member Cirelli. MEMBER CIRELLI: Thank you Mr. Chairman. Just for the record, as I told you earlier about the weed cutting, I had also requested from Mr. Harold, the Stark County Auditor, and to show that the County is being cognizant of spending their money, I will be sending him a check for these pages that he printed up for me perso...on my own account. It’s not that much but the boarded up properties alone, the City is owed $172,791.81. For demolitions, $5,325,039.89, delinquent sewer bills, $295,378.12 and delinquent water bills, $149.00....$149,161.30. A grand total, this is only as of March 21st, $6,356,915.10, that’s a big chunk that we could sure try to recoup some of that. MEMBER SMUCKLER: (Inaudible) (LAUGHTER) MEMBER CIRELLI: Incase the general public out there didn’t hear, Member Smuckler said why don’t I write a check for this. But, it’s just..it’s monies that I feel that we have to do the best we can and with this land banking and I want it further stated we are going to look at land banking, Law Director Martuccio, with structures also because that can be done because Councilman Smuckler and myself, and I still have that on my computer so I can send you the information and where we can get that at. So, we can do that and two for us to try and recoup as possibly as much as we can for this community to make Canton be something we can really be proud of. Thank you. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? Director Price. SERVICE DIRECTOR PRICE: Mr. President, do we have any friends at the County Auditor, perhaps they would advance us that money and then we can....(Laughter) ....no other comments. Thank you. PRESIDENT SCHULMAN: Thank you Director. Any other remarks? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes Member Smith. MEMBER SMITH: Yes, I’d like to send out some thank you’s especially to the Fire Department and the Police Department and our safety forces for taking care of the building where the Pastime Inn was. I think back a few months ago we were complaining about the issues with the young people having a dance club or something but the residents...it’s been very quiet and I understand that they’re no longer there. So, we appreciate all of the help in taking care of that before the summer really got started. I’d also like to thank Mr. Dave Dougherty, our Majority Leader and Council for allowing me the opportunity to spend the time that I needed to spend with the Canton City School Board with the issue of Hartford School because it’s not just a Ward issue, it’s a City issue. So, if you have concerns or support that you would like to let us know about, please let me know, I appreciate it. Thank you. PRESIDENT SCHULMAN: Thank you Member Smith. Any other remarks? Hearing none, Leader. MEMBER DOUGHERTY: Mr. President, Member Smith thank you and if there’s anything you think I can help you with on the Hartford end of things, since I’m an alumni, you just let me know. I move we adjourn. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -340- MINUTES OF THE MEETING MAY 23, 2011 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, great job, goodnight everyone. Meeting is adjourned. (Gavel falls) Be careful on your way home. ADJOURNMENT TIME: 8:25 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MAY 23, 2011 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: David Dougherty, Majority Leader PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#12 - O#21; O#20 Adopted on 2 nd Rdg.) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issue from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Patricia Kirk representing the Downtown Central Neighborhood Association and letting all know that they have been approved for CDBG m onies this year to do som e work around the Kresge lot. The city has a plan to m ake a butterfly garden in the area that Downtown Central wants to work and she is afraid that one project m ight cancel out the other. Brenda Kim brough wonders what will happen with Canton youth. She feels that kids are not spending their tim e wisely and are being arrested, getting involved with drugs, being violent, skipping school, etc. There are not things for them to do in Canton because pools are closed and shelters at the park are too expensive. W hat should Canton kids do in Canton? Tim othy Gissiner has concerns with several issues within W ard 8 such as cars parked on the sidewalk, storm sewer problem s, utility poles that need replaced and dam aged traffic signs. Jam es Parker wants to know how Canton will celebrate Jim Thorpe’s birthday on May 28 th. He has requested that Council pass an Inform al Resolution distinguishing Central Plaza as Jim Thorpe Plaza and creating an official Jim Thorpe Day. Canton should be very proud of the honor to have the Pro Football Hall of Fam e and should be doing m uch m ore to bring opportunity and hope to Canton by the flow of tourism to downtown and the entire city of a football them e. INFORM AL RESOLUTIONS: 16. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF MIKE BROW N TO CANTON RECREATION BOARD FOR RETRO TERM FROM 1/1/11 - 12/31/15. - ADOPTED 17. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF PAT BARTON AND W ARREN PRICE TO SERVE ON JOINT COMMITTEE W /CANTON TOW NSHIP IN THE I-77 CEDA AGMT COMMENCING 5/23/11. - ADOPTED COM M UNICATIONS: 195. AUDITOR MALLONN: REQ $25,387.44 SUPP APPROP FROM UNAPPROP BAL 4501 CAPITAL IMPROV FUND TO 4501 20-20-52 GP 1035 35 TH ST NE PROJ DEBT OTHER; $15,000.00 SUPP APPROP FROM UNAPPROP BAL 7131 DOW NTOW N SPEC IMPROV FUND TO 7131 DOW NTOW N SPEC IMPROV DISTRIST OTHER; AND $4,200.00 APPROP TRANSFER FROM 1001 801001 AUDITOR PERSONNEL TO 1001 801001 AUDITOR OTHER. - PUBLIC PROPERTY CAPITAL IMPROVEMENT & FINANCE COMMITTEES 196. CNCL-AT-LRG MBRS COLE & SMUCKLER, CNCL MBRS HAW K, W EST, GRIFFIN, SMITH, PRATER, DOUGHERTY, BARTON, BUTTERW ORTH & HORNER: SUPPORT OF JAMES KNIGHT, CERTIFIED CRIME PREVENTION SPECIALIST FOR STARK COUNTY PROSECUTOR’S OFFICE TO RECV OFFICE OF CRIMINAL JUSTICE SERV - JUSTICE ASST GRANT. - RECEIVED & FILED 197. CNCL MBRS HAW K & BARTON: AUTHORIZE LEGISLATION FOR THE TRANSFER OF LEHMAN SCHOOL FROM THE SCHOOL BOARD TO THE CITY IN EXCHANGE FOR CITY OW NED REAL PROP; REQ AUTHORIZATION TO TRANSFER PROP TO CCIC. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 198. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 D3 D3A LIQUOR PERMIT FOR AURICLE LTD DBA THE AURICLE @ 601 CLEVELAND AVE NW . - RECEIVED & FILED 199. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D5 LIQUOR PERMIT FROM SCOTT J GUBESCH DBA SCOTTY’S 1117 W ERTZ AV NW & PATIO TO GREG AND TINAS PLACE LLC DBA GREG AND TINAS PLACE & PATIO 1117 W ERTZ AV NW . - RECEIVED & FILED 200. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D5 LIQUOR PERMIT FOR CORK & CANVAS ON 3 RD LLC @ 322 3 RD ST NW . - RECEIVED & FILED 201. MAYOR W ILLIAM HEALY: APPRV APPT OF MARK KINDEL TO CANTON CONSTRUCTION BOARD FOR REMAINDER OF TERM EXPIRING AS JOURNEYMAN ELECTRICIAN. - PERSONNEL COMMITTEE 202. SAFETY DIRECTOR REAM: AUTHORIZE PYMT OF $1,313.00 AS MORAL OB TO SIGNATURE CONTROL SYSTEMS, LLC FOR REPAIR AT MILLENNIUM PARKING DECK. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - MAY 23, 2011 COM M UNICATIONS CONTINUED: 203 SERVICE DIRECTOR PRICE: REQ LEGISLATION TO ENTER INTO AGMT W /STARK COUNTY TRANSPORTATION IMPROVEMENT DISTRICT TO RECV $100,000.00 GRANT REIMBURSEMENT FOR 12 TH ST CORRIDOR PROJ. - FINANCE COMMITTEE 204. SERVICE DIRECTOR PRICE: REQ VARIOUS SUPP FOR GRANT REIMBURSEMENTS (MUNI RD FUND - ENG ADMIN AND STREET MAINT - TRAFFIC SIGNAL). - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND SECTION 1313.01, DEFINITIONS & SECTION 1315.01, DEFINITIONS OF CODIFIED ORDINANCES OF CITY OF CANTON (PLUMBING & ELECTRICAL APPRENTICE) Referred to Judiciary Com m ittee 1 ST RDG 2. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,700,000.00 FOR 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 Com m ittee 1 ST RDG 3. AUTHORIZE SERV DIR TO ENTER INTO PROF SERV CONTRACT FOR CONSTRUCTION ENGINEERING SERV FOR W ATER PARK FACILITY PROJ AT EDW ARD “PEEL” COLEMAN CTR; AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR CONSTRUCTION PHASE OF THIS PROJ; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO FUNDING AGMT W /JUMP START IN AMT NOT TO EXCEED $100,000.00; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO AGMT W /CCIC TO PROVIDE A GRANT UTILIZING COMM DEV BLOCK GRANT (CDBG) FUNDS IN AMT NOT TO EXCEED $500,000.00 FOR ECONOMIC DEV PROJS, LOANS AND ADMIN COSTS; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO AN AGMT W /STARK COUNTY BOARD OF COMMISSIONERS FOR TRANSFER OF A STORM SEW ER W ITHIN THE PARK FARMS PROP; EMERGENCY Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 7. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO A CONSULTANT CONTRACT W /GPD GROUP FOR THE 41 ST ST NW STORM SEW ER PROJ, GP 1126; AMEND APPROP O#245/2010; EMERGENCY ($80,956.00 INFRASTRUCTURE BOND FUND) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 8. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO A CONSULTANT CONTRACT W /HAMMONTREE AND ASSOC, LTD. FOR NE CANTON INDUSTRIAL PARK PROJ & ENTER INTO COOP PROJ AGMT W /CCIC FOR FUNDING AND ADMIN OF DESIGN AND CONSTRUCTION OF NE CANTON INDUSTRIAL PARK PROJ AND TO RECV REIMBURSEMENT FOR CITY SERV PROVIDED TO CCIC; AMEND APPROP O#245/2010; EMERGENCY ($212,175.00 INFRASTRUCTURE BOND FUND) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 9. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO A CONTRACT & LICENSE AGMT W /DOW NTOW N SPECIAL IMPROVEMENT DISTRICT AND KING PROPERTIES, INC.; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 10. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONSULTANT CONTRACT W /CTI ENGINEERS, INC. FOR 55 TH ST NE STORM SEW ER PROJ, G.P. 1125; AMEND APPROP O#245/2010; EMERGENCY ($193,300.00 INFRASTRUCTURE BOND FUND) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 11. AMEND APPROP O#245/2010, AS AMENDED; EMERGENCY ($128,594.50 UNAPPROP BAL 5201 W ATER FUND) Referred to Public Safety & Thoroughfares Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#12 - O#21) 2 ND RDG 12. VACATE PORTIONS OF REX AVE NE, LODDY PL NE & AMERMAN PL NE; APPROVE & ACCEPT THE REPLAT OF NUMEROUS LOTS; EMERGENCY (STANDARD PRINTING) PUB HRG: 6/6/11 @ 7:30 PM (PS&T) 2 ND RDG 13. AUTHORIZE CLERK OF COURTS TO ENTER INTO A PROFESSIONAL SVCS CONTRACT W /EXTRACT SYSTEMS IN AN AMT NOT TO EXCEED $31,999.00 FOR THE PURCHASE OF REDACTION SOFTW ARE; EMERGENCY (FIN) 2 ND RDG 14. AMEND APPROP O#245/2010, AS AMENDED, BY MAKING $50,000.00 APPROP TRANSFER; EMERGENCY (NEIGHBORHOOD STABILIZATION PROG - PERSONNEL) (C&ED) CANTON CITY COUNCIL AGENDA - PAGE 3 - MAY 23, 2011 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 15. AMEND APPROP O#245/2010, AS AMENDED, BY MAKING $50,000.00 APPROP TRANSFER; EMERGENCY (NEIGHBORHOOD STABILIZATION 3 FUND - PERSONNEL) (C&ED) 2 ND RDG 16. ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECOMMENDATIONS REGARDING ENTERPRISE ZONE TAX ABATEMENT AGMTS; EMERGENCY (C&ED) 2 ND RDG 17. AMEND APPROP O#245/2010, AS AMENDED, BY MAKING $229,696.00 SUPP APPROP; EMERGENCY (TO EXPEND FUNDS FROM PRIOR YEAR PURCHASE ORDERS THAT W ERE CANCELLED IN 2011) (C&ED) 2 ND RDG 18. AUTHORIZE EDITING & INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES; EMERGENCY (JUD) 2 ND RDG 19. AUTHORIZE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUB OFFICIALS & PUBLIC INSTITUTIONS COPIES OF 2011 SUPP TO THE CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; EMERGENCY (JUD) 79/2011 20. AUTHORIZE SAF DIR TO ENTER CONTRACT W /THE OHIO DESK CO IN AN AMT NOT TO EXCEED $79,027.74 FOR PURCHASE OF FURNITURE FOR THE NEW #4 FIRE STATION PURSUANT TO ORC SEC 125.04; AMEND APPROP O#245/2010; EMERGENCY (PPCI) 2 ND RDG 21. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /THE OHIO POW ER CO TO PROVIDE ELECTRIC ENERGY SERVICES TO THE W ATER REC FACILITY @ 3650 CENTRAL AVE SE; EMERGENCY (E&PU) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 80/2011 22. AMEND EXHIBIT A AND CREATE EXHIBIT D TO ORDINANCE NO. 164/2001, AS AMENDED, CLASSIFICATION PLAN AND SALARIES FOR ALL MGMT AND NON-BARGAINING UNIT EMPLOYEES OF CITY OF CANTON; REPEAL SECTION 151.22, PUBLIC EMPLOYEES RETIREMENT SYSTEM (PERS) PICKUP, OF THE CODIFIED ORDINANCES; EMERGENCY 81/2011 23. APPROVE AND ACCEPT THE REPLAT OF LOTS 22369 THRU 22377, 22379 THRU 22386, 39979 THRU 39983, 41278 THRU 41281, 37575 THRU 37579, 37581 THRU 37585 AND 41273 THRU 41277; EMERGENCY 82/2011 24. AUTHORIZE CITY AUDITOR TO PAY $675.00 TO MERCY MEDICAL CTR; EMERGENCY 83/2011 25. AMEND EXHIBIT B OF ORDINANCE NO. 34/2006 THAT DESIGNATED COMMERCIAL IMPROVEMENTS OF PROP AT LESH RD/30TH ST REDEVELOPMENT AREA SUBJECT TO TAX INCREMENT FINANCING; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JUNE 6, 2011 in Council Chamber at 6:15 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Public Safety & Thoroughfares Com m ittee 4) Com m unity & Econom ic Developm ent Com m ittee 5) Personnel Com m ittee 6) Public Property Capital Im provem ent Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli will be paying the County for copies she received that lists the uncollected am ount of tax liens for dem olitions, weed cutting, sewer bills, etc. She wants people to be aware that there is a large sum of m oney not collected that could effect the city. Land banking with structures needs to be seriously looked at. Mem ber Sm ith thanking the Police and Fire Departm ents for getting rid of the teen establishm ent that had m oved into the old Pastim e Inn. They had only been opened a short tim e but had ongoing problem s. She also thanked Majority Leader Dougherty for allowing her the necessary tim e last week to deal with the Hartford School issue. This is not just an issue for the 4 th W ard but for the entire city. Mem ber Dougherty told Mem ber Sm ith to please let him know if he could be of any assistance with that problem . ADJOURNM ENT: 8:25 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 6, 2011 @ 7:30 PM

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