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City Council

Regular Meeting

Canton, OH · July 11, 2011

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -416- MINUTES OF THE MEETING JULY 11, 2011 Musical introduction...and Applause. PRESIDENT SCHULMAN: Alright, Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Mr. President that was played in honor of the Ulster Project that is here. The students from Ireland, their host families and what have you so I would like to ask them now if I may to come up to the podium. We’ll have Mr. Pat Robeck on, who is the Chairman this year. My son, Donald Cirelli to come forward and all of the young people that are here from Ireland and their host families and their youth are with them that their partnering so we’ll do that so thank you. PRESIDENT SCHULMAN: Thank you Member Cirelli. MEMBER CIRELLI: Excuse me, everybody, you can stay in your seats and just stand. How would that be, OK? And then this gentleman here is going to get you on camera so you can probably see yourself on YouTube. My son can tell you what that’s all about. So we’re very delighted to have you again this year. We have eight students from Ireland, eight youth and they come here to America and they are teamed with a family that takes them in and they have someone, a boy of the same age that they are, and a girl the same age. I’m very proud, I want to thank the girls first of all for all the work they did in putting this together, I’m very appreciative. And I’ll let Pat Robeck, I want to congratulate him because he always has a successful year. They come for a whole month so that takes a lot of preparation and I called my son today and asked him, how many years have you been involved with this program and he told me 16 years. Son I have to tell you publicly, I’m very proud of you because this is something... APPLAUSE...caring on the tradition of the Cirelli’s of being, of volunteering for your community and for the world, Peace on Earth. That’s exactly what it’s all about. So I’ll have yun’s come to the podium and maybe you can tell them a little bit of what you’re doing. My son this year is the Publicity Chairman and we have for everybody courtesy of City Council, we have the American Counselors and there’s two of them and two from Ireland that came over with the group and they’re always different people and then each student, we have a Resolution for the students and we have one for the Irish students as well. So they will take them all and pass them out later. I also have pins here from the city of Canton. So welcome to the city of Canton, the finest city you will every find. I’m very partial to that, so Pat if you will please explain a little to our audience here. PAT ROBECK: Well the purpose of the Ulster Project is to bring together people of different beliefs and backgrounds and help them to learn how to have a peaceful life together, learn how to, peacemaking and leadership skills. Finding out how diverse peoples are, how much a like they are the more diverse they are. They’re still people at heart and have the same thing in they’re heart. They want to enjoy time with family, friends and teach them how to disagree or agree with it. MEMBER CIRELLI: Thank you Pat. Donald. He’s going to do a little commercial for what they’re having tomorrow night in case anybody’s interested being the Publicity Chairperson. DONALD CIRELLI: Our project cost about $10,000.00 at least to put on for one month and cause we do all kinds of activities and we fly the kids over so it’s very expensive but it’s a good cause. It’s for peace in Northern Ireland and we really believe this is having a huge effect over there. The peace process is making huge headway over there so we’re going to keep it going. But tomorrow night there’s going to be a pizza dinner and silent auction at St. Paul’s Catholic Church on Main Street in North Canton and $6.00 for two slices of pizza and salad and a drink and then we’re going to auction off Irish gifts so if you like Irish crystal or all kinds of Irish different things, COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -417- MINUTES OF THE MEETING JULY 11, 2011 or things from Ireland and we’re going to have a stay at the Bonnie Peacock Bed and Breakfast, we’re going to be auctioning off so everybody’s welcome. Hope to see you there and help support a good cause. 5:30 again Tuesday, tomorrow at St. Paul’s Catholic Church on Main Street in North Canton. Thank you. APPLAUSE PRESIDENT SCHULMAN: And you can all, unless you want to stay, you’re more than welcome but, you’re more than welcome to depart and enjoy our city. Inaudible comment from the audience. PRESIDENT SCHULMAN: You’re welcome. LAUGHTER All these faces of relief. Let me out of here. Have a good night, safe journeys. More inaudible comment from the audience. PRESIDENT SCHULMAN: Alright let’s get going. We got a meeting to run here. CLERK TIMBERLAKE: Warren are you going to ring the bell? PRESIDENT SCHULMAN: Director Price is ready to break into Gaelic but....LAUGHTER, that didn’t work so well the first time. OK, 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: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, MARY CIRELLI, JOE COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) ELEVEN COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: Eleven present. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader I’ll recognize a motion to excuse Member Prater from this evening’s meeting. MEMBER DOUGHERTY: Mr. President, I move we excuse Member Prater from tonight’s meeting. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Prater from this evening’s meetings. Any remarks? Madame clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -418- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: Motion carries and Member Prater is excused from this evening’s meeting. We’re going to have our invocation given tonight by Council Member at Large Joe Cole. If you’ll recall, about three weeks ago, I think we had one of the longest meetings that I ever sat through as Council President but apparently we must have had some short meetings because the good news is that Joe and Leslie Cole have become the proud parents to Kathryn Elizabeth who is 8 pounds 15 ounces and 20 inches long. APPLAUSE Congratulations. Now let’s hear your invocation. If you’ll all remain standing for the Pledge of Allegiance. MEMBER COLE: First thank you President. I do appreciate that. The regular meeting of Canton City Council was held on July 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 Council Member at Large Joe Cole. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Moving now to Agenda Corrections and Changes. Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we suspend Rule 22A to add 2nd Reading Ordinances 11 through 16. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 11 through 16.. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: The motion carries and Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings and we actually have two Public Hearings tonight. The first one is scheduled for 7:30 PM and it’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; THE PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME AT 3120 PARKWAY ST NW FOR DR. ALBERT DOMINGO FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PB-1 (PLANNED OFFICE DISTRICT) IN WARD 1. You know it makes me all the more grateful for Cindy and her work. This is not easy sometimes. Is there anyone in the audience wishing to speak for or against this Zone Change. Will you please step forward. And I do see a member from the audience. Sir if you’ll give us your name and residential address and welcome to Canton City Council. DAVID MANN: Well thank you. My name is David Mann from Mann Architects. 3660 Embassy Parkway, COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -419- MINUTES OF THE MEETING JULY 11, 2011 Fairlawn, Ohio. I’m here with Dr. Domingo, Karen and Augie as well from their office and we’re just going to be brief tonight. We do have some presentation material if you’d like to see of what we’re planning for the facility but I think we’ve shared some of that information with the city already. So basically we’re just here for any questions you may have. PRESIDENT SCHULMAN: Great. Are there any? Alright. Thank you very much sir. DAVID MANN: Thank you. PRESIDENT SCHULMAN: Is there anyone else in the audience wishing to speak for or against this zone change? Please step forward. No one has stepped forward so the matter now rests in the hands of Council and it will be taken up as an Ordinance later in the meeting. Our next Public Hearing is scheduled for 7:31 PM and it’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; THE PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME AT 2213 CLEVELAND AVE NW FOR GROFFRE INVESTMENTS FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS) IN WARD 7. Is there anyone in the audience wishing to speak for or against this Zone Change? Will you please step forward. Once again, is there anyone in the audience wishing to speak for or against this Zone Change? No one has appeared so that too will be on your agenda later this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. Director, Chief of Staff Price do you have any Old Business that you’d like to comment upon. SERVICE DIRECTOR PRICE: Yes Mr. President, the first item in Old Business I would like to comment on is my previous welcome to the Ulster students last year. I don’t normally throw people under the bus but I do want you to know I have digital evidence in the form of text messages that the Law Director put me up to that so I just wanted to clear the record. LAW DIRECTOR MARTUCCIO: Guilty. SERVICE DIRECTOR PRICE: Ruby Brogdon spoke at the last meeting talked about the high grass in the 1600 block of 3rd Street NE. I referred that matter to the Street Department. Our lot mowing, by the way, continues. We are over 5,000 lots this year and I won’t say much more than that other than it continues to be a problem. Brian Swineford had raised a number of police issues with pit bulls and vicious dogs. The Safety Director, I referred that matter to him and if he wants to add anything to that he certainly can. Charles Killens spoke. I know that Law Director Martuccio had followed up with that gentleman regarding the conditions on 10th Street and this wall and I also understand that he’s receiving some help from the Health Department. Finally, Jeannette Stevenson spoke regarding the splash park or spray park at the Southeast Community Center and questioned why that was not going to be built until August. We are in the middle of the requests for qualifications and engineering process on that and given the amount of time that takes, that’s the soonest that we’ll be able to begin construction. Thank you. PUBLIC SPEAKS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -420- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: Thank you Chief. We’re now under Public Speaks. We have four speakers this evening. I just remind the speakers that Council limits your remarks to three minutes. Our first speaker needs no introduction at all, Patricia Kirk. Miss Kirk if you’ll step forward and give us your name and your residential address and welcome again. PATRICIA KIRK: Yes, hello. My name is Patricia Kirk. I live at 131 5th Street NE. I just want to say a few short words about 9-1-1. We haven’t heard about that in a long time but I happen to live in a tall multiplex building which happens to have quite a few EMT calls and I’ve witnessed this two or three times. EMT calls come in. In the front lobby we have an emergency box. Lights flash telling, we have eleven floors, telling you what floor the person is on and these cases, the lights weren’t flashing and the EMT’s didn’t know where to find the person. They spent 20 minutes going through 11 floors looking for the person. They found out in the last three times the person did not exist. They were at the wrong address and 911 did not know so they ended up calling a local address, not address but a local station of some sort to find out that the person had moved. A lot of people have been moving lately but the 911 did not know the new address. This is a problem that’s been occurring more and more lately and it’s one that we have to consider and I think one that shows the need for a more localized 9-1-1 center and totally unrelated but I do hope that when we do get a Tree Ordinance we will pass it. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. APPLAUSE I knew I’d hear that. Our next speaker is Harold Friedman. Mr. Friedman if you’d step forward and give us your name and your residential address sir and welcome to Canton City Council. HAROLD FRIEDMAN: I’m Harold Friedman. I live at 1108 49th Street NW two blocks north of Fire Station 10. In the past 4 ½ weeks, I have noticed that, that station has been open only 4 days. My neighbors have had the use for paramedics, have had to call private paramedics. Cleveland got recently a FEMA grant to hire firemen. Why can’t we get a grant, not so much for the fire truck. Our houses are in good shape but the paramedics is what we rely on. Now I don’t know where these people, how in the heck these people are even being able to afford, there’s a lot of seniors that been using the paramedics. Social security, myself and others, according to the Akron Beacon Journal, is going to be cut in the future and what we’re getting now. Now, we’re paying property taxes. If we’re paying property taxes, why can’t we have that Fire Station open? We don’t have the paramedics. We don’t even have police protection. I see once in a while, excuse me for saying this. There’s a policeman goes around in a blue Impala, looks similar to mine. He a Cannon type, what I call a TV Cannon if you recall, looks like Cannon, goes around that block about once every five to six weeks. 49th and 47th Street is used for a speedway coming out of Colonial Club Apartments, so we got that to deal with and we don’t have the paramedics. Cleveland got a FEMA grant which I saw recently. It was on the TV. Why can’t we get the help we need. Our houses are in good shape, but it’s the paramedics. That’s what we’re paying for. Why can’t we have the para...why can’t we have that station open more than 4 days out of 4 ½ weeks recently. I go passed that station everyday. I’ll tell you how, why I do. Under doctor’s orders, I’m retired. I’m diabetic and the doctor says Harold I want you out walking everyday for about a half hour so the way my route takes me it goes up so far, then I go past the fire station and go back towards the house and I always look to see if Station 10 is open. This past weekend, one day. I think it was either Friday or Saturday. Yesterday and today, no station. Even during the 4th of July weekend. You’d think especially during a holiday weekend when everyone’s shooting off fireworks, they’d be afraid that somebody’s going to get hurt. That station wasn’t open except maybe I think, one day. Why can’t that station be open? I talked to the Fire Chief COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -421- MINUTES OF THE MEETING JULY 11, 2011 and I know that stations on rotation but this is ridiculous. This is more than a rotation when 4 days out of 4 ½ weeks that station has been open. Then what are we paying property taxes for if we don’t have the police and the fire protection. That’s it. Thank you sir. APPLAUSE PRESIDENT SCHULMAN: Thank you very much sir. Thank you Mr. Friedman and you know Director Ream will be here after the meeting if you’d like to discuss it with him. Thank you for coming down. We appreciate it. You’re welcome. Our next speaker is Pete DiGiacomo. Mr. DiGiacomo good evening. Welcome and if you’ll give us your name and your residential address please. PETE DIGIACOMO: Good evening. My name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton. A few weeks back, I’m not exactly sure how many, a suggestion was brought up about the grass that needs to be cut on different lawns and I think I had mentioned about down in the southwest end, where we live in Ward 4, the city did a fantastic job. Really got, I mean they come in and blitzed the whole place. They cut down a lot of lot of stuff. It really looked nice. The weeds and that, they’re back again and I realize the city, Mr. Price said that they can’t keep coming back like a regular lawn service but the idea was brought up about putting in the newspaper some of the worst offenders taking advantage of the city. And I realize that there are some folks maybe due to health issues, things like that, they can’t get out and cut their grass. That’s not the ones I’m talking about. I’m talking about banks, realty companies that own the property, the homes have been torn down, their lots, they still own them. They don’t pay to get anything, any service. Grass grows up, the city comes down, they put it on their tax bill. They don’t pay the tax bill and the city’s out the money. I know delinquent taxes, they publish everybody’s name there. I just feel it would be a good idea. I know you can’t do it for all of them but if you take the top, I don’t know 10, 15 or 20 publish their names. Let it fall where it may. Like I said, if it’s a big realty company, a bank, things like that, the people should know, you know who’s taking advantage of the city. That’s all, thank you. PRESIDENT SCHULMAN: Thank you very much sir. APPLAUSE The last speaker is Pastor Holmes. Pastor Holmes good evening. If you’ll step forward sir and give us your name and your residential address please and welcome to Canton City Council. PASTOR HOLMES: Mr. President, Mr. Mayor and commissioners. My name is R. B. Holmes Jr. 5958 Heartland Circle, Tallahassee, Florida and a property owner in the great city of Canton, Ohio. I’m here sir as a product, graduate of Malone University where I received a scholarship of baseball in the early ‘70's and met the pastor by the name of W.C. Henesey who took me in as a father to me and I wanted to come back to Canton and start an academy named after W.C. Henesey Academy. I wanted to proudly ask for the goodwill of this august body as we try to build a strong academy here that would teach boys and girls from Pre K to 4th grade, strong academic excellence, personal responsibility, patriotism and an appreciation with morals and integrity and we just wanted to come to thank God for you all and to thank you for allowing me to be a part of the Canton community and I’m indebted to you all. I wanted to come back and give something back to this area. Thank you. PRESIDENT SCHULMAN: Thank you very much sir. APPLAUSE Thank you very much Pastor and safe journey home. Bring some hot weather this winter if you would. I’m going to exercise my discretion and I’d like to bring up Dr. Domingo’s Ordinance now so the Doctor and his staff and his fine architect don’t have to sit here for another hour and a half so Leader, it would be on I believe, Ordinance.... COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -422- MINUTES OF THE MEETING JULY 11, 2011 CLERK TIMBERLAKE: 21. PRESIDENT SCHULMAN: 21. CLERK TIMBERLAKE: I’ll read it. PRESIDENT SCHULMAN: Madame Clerk, I’m sorry. I kind of gave you a curve ball there. CLERK TIMBERLAKE: No problem. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 116/2011 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3120 PARKWAY ST NW - DR. DOMINGO) PUB HRG 7/11/11 @ 7:30 PM PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 21. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21. Any remarks? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: I’d like to thank Dr. Mingos and his staff for staying in the city of Canton. We welcome you. I mean it was wonderful, your thoughts were great. Butch Kraus was instrumental in working from this end. It’s going to go into Ward 1 and it’s going to be a great asset and again thank you so much. PRESIDENT SCHULMAN: Any other remarks? I’m sure everyone echos that doctor. Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 116/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries and Ordinance 21 is adopted. Doctor thank you again for what you do for our community. We very much appreciate it. APPLAUSE INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions and Member Cirelli you’re to be commended as always for the terrific Ulster Project that we introduced before the meeting began. I asked COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -423- MINUTES OF THE MEETING JULY 11, 2011 Cindy, I said gosh, these kids seem to be here every week and it was a year ago they were here. Boy, time flies. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER CIRELLI: I think I’ll ask the Law Director if maybe he will do for next year, something in arts and have it ready for us that we could display. PRESIDENT SCHULMAN: I’m sure a horse would be favored by the children. MEMBER CIRELLI: Mr. President, Irish horses are the same as the ones in America so we could.... PRESIDENT SCHULMAN: In any case we are under Informal Resolutions and it’s Resolution 21. Leader. #21. COUNCIL-AS-A-WHOLE: COMMENDING ALL THOSE INVOLVED IN THE ULSTER PROJECT.- ADOPTED MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 21. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 21. Any remarks other than the remarks we heard earlier? Hearing none by voice vote all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #21 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, and the Informal Resolution is adopted. Thank you again Member Cirelli. 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 JULY 11, 2011. 235. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/11 - 6/30/11. - RECEIVED & FILED 236. AUDITOR MALLONN: MONTHLY RPT BY FUND 6/1/11 - 6/30/11. - RECEIVED & FILED 237. CANTON FIRE DEPT: 2009 ANNUAL REPORT. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -424- MINUTES OF THE MEETING JULY 11, 2011 238. CANTON FIRE DEPT: 2010 ANNUAL REPORT. - RECEIVED & FILED 239. COMMUNITY DEV DIR WILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W/YOUNG MEN’S CHRISTIAN ASSOC TO PROVIDE GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $40,000.00 FOR OVERALL MGMT & SUPERVISION OF FACILITY & PROG AT THE EDWARD “PEEL” COLEMAN CENTER; RETROACTIVE 3/28/11 - 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 240. COMMUNITY DEV DIR WILLIAMS: REQ $50,000.00 APPROP TRANSFER FROM CD ADMINISTRATION TO YOUTH DEV - SUMMER EMPLOYMENT TO PAY SALARIES FOR YOUTH PARTICIPATING IN 2011 SUMMER JOB PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 241. COMMUNITY DEV DIR WILLIAMS: REQ $50,000.00 APPROP TRANSFER FROM CD ADMINISTRATION TO COMMUNITY DEV DEMOLITION FUND FOR BOARD UPS, TITLE SEARCHES & LEGAL ADS FOR DEMO PROJS FOR REMAINDER OF 2011. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 242. COMMUNITY DEV DIR WILLIAMS: REQ $30,000.00 SUPP APPROP TO 2214 506001 HOME FUND TO PAY SALARIES FOR PERSONNEL INVOLVED W/HOUSING REHAB ACTIVITIES FOR REMAINDER 2011. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 243. DEVELOPMENT DIR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W/GOODWILL IND OF GREATER CLEVELAND & EAST CENTRAL OHIO INC TO PROVIDE AN ECONOMIC DEV GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $50,000.00 FOR COMMUNITY CAMPUS PROJ PHASE III FOR PURPOSE OF EXPANDING CANTON COMMUNITY CLINIC EFFECTIVE UNTIL 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 244. PLANNING COMMISSION: REQ TO AMEND O#85/2011 TO MATCH LIST OF REPLATTED LOTS (ELIMINATING LOTS 41208 - 41211) ON STANDARD PRINTING REPLAT. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 245. PLANNING COMMISSION: RECOMMENDED APPROVAL OF PROPOSED WARD ASSIGNMENT TO WARD 1 & PROPOSED ZONING CLASSIFICATION TO PB-1 FOR LAND KNOWN AS ARMORY ANNEXATION @ 3120 PARKWAY ST NW. - ANNEXATION COMMITTEE 246. SAFETY DIRECTOR REAM: DECLARE 14 BUILDINGS UNSAFE & HAZARDOUS FOR WHICH DEMO IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 247. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO 5 YR CONTRACT W/GREENER CORNERS LLC FOR PURPOSE OF INSTALLATION OF RECYCLING RECEPTACLES ON CITY OWNED PROP TO INITIATE A PUBLIC SPACE RECYCLING PROG; GREENER CORNERS WILL REC REVENUES GENERATED BY THE ADVERTISING SPACE CREATED THRU FRONTAGE ON THE RECEPTACLES. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -425- MINUTES OF THE MEETING JULY 11, 2011 248. SERVICE DIRECTOR PRICE: REQ VARIOUS SUPP APPROPS FROM THE 5201, 5410 & 5601 UNAPPROP BALANCES FOR INCREASES IN WAGES, EQUIPMENT REPAIRS, PIPE, PIPE FITTINGS, METER TRANSMITTING UNITS & THE SEMI ANNUAL LOAN PAYMENTS TO OHIO WATER DEV AUTHORITY (WATER DEPARTMENT). - FINANCE COMMITTEE 249. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT W/JACKSON TOWNSHIP; REQ TO APPLY SOLELY &/OR JOINTLY W/JACKSON TOWNSHIP FOR GRANT FUNDING TO FURTHER THE GOALS OF THIS PROJ. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 250. SLIMAN, S, AGENT FOR PETITIONER: RECEIPT OF PERTINENT DOCUMENTS FOR THE ARMORY ANNEXATION. - RECEIVED & FILED 251. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS FOR THE ARMORY ANNEXATION. - PLANNING COMMISSION 252. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 6/30/11. - RECEIVED & FILED 253. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS FOR JUNE 2011 TO AMBULANCE LOCK BOX. - RECEIVED & FILED 254. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JUNE 2011. - RECEIVED & FILED 255. TREASURER SCHIRACK: BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 6/30/11. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning to First Reading Ordinances. Let the Journal show that all Ordinances are being given their reading as required by State Law. Madame Clerk would you please read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #10 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOWN (PART OF LOT 14345 ON 7TH ST NE) Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOWN (PART OF LOT 6289 ON 7TH ST NE) Referred to Community & Economic Development Committee COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -426- MINUTES OF THE MEETING JULY 11, 2011 #3. (1ST RDG) AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL ELECTRICITY AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO OHIO REVISED CODE SECTION 4928.20; DIRECTING THE STARK COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary and Environmental & Public Utilities Committees #4. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (634 WALKER CT NE - RICHARD RODRIQUES) PUB HRG 8/8/11 @ 7:30 PM Referred to Judiciary Committee #5. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3745 KIRBY AVE NE - LAVERNE DALE) PUB HRG 8/8/11 @ 7:31 PM Referred to Judiciary Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A THREE-YEAR PROFESSIONAL SERVICES CONTRACT WITH WARWICK COMMUNICATIONS, INC. IN AN AMOUNT NOT TO EXCEED $37,020.00 FOR ONGOING SUPPORT AND MAINTENANCE OF THE CITY- WIDE TOSHIBA TELEPHONE SYSTEM AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #7. (1ST RDG) AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONSULTANT CONTRACT WITH W.E. QUICKSALL AND ASSOCIATES, INC. FOR THE ORCHARD VIEW/ARGYLE- ARGYLE/HEDGEROSE INTERSECTION IMPROVEMENT PROJECT, G.P. 1110; AMENDING APPROPRIATION ORDINANCE NO 245/2010; AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER PROJECT STAKEHOLDERS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT DISTRICT CONTRACT WITH JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -427- MINUTES OF THE MEETING JULY 11, 2011 Referred to Community & Economic Development Committee #10. (1ST RDG) ADOPTED AS ORDINANCE NO. 110/2011 AN ORDINANCE AMENDING ORDINANCE NO. 85/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now on, thank you Madame Clerk Ordinances and Formal Resolutions for the Second Reading. Madame Clerk will you please begin with Ordinance #11. CLERK TIMBERLAKE: We have a vote on 10. MEMBER DOUGHERTY: We have a vote on 10. We’ll need to go into recess. PRESIDENT SCHULMAN: Oh, I’m sorry. I’ve been telling anyone that will listen, never go to a party on Sunday night, ever. At this time the Chair would declare an in house recess for Public Safety and Thoroughfares Committee to meet in regard to #10 on your agenda. You’re now in recess. (COUNCIL RECESSED AT 8:02 PM FOR THE PUBLIC SAFETY & THOROUGHFARES COMMITTEE TO DISCUSS ORDINANCE #10; RECONVENED AT 8:04 PM) PRESIDENT SCHULMAN: OK, Council will reconvene then after the recess. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 10 back on the agenda. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinance 10 back on this evening’s agenda. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: The motion carries and Ordinance 10 are a legal part of your agenda. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 10. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance 10. Any remarks under that motion? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -428- MINUTES OF THE MEETING JULY 11, 2011 CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 10. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 10. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 110/2011 PRESIDENT SCHULMAN: Motion carries and Ordinance #10 has been adopted. Now we move to Ordinances and Formal Resolutions for the 2nd Reading. Madame Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #11 THROUGH #16 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (2ND RDG) AN ORDINANCE DECLARING THE WEEK OF JULY 25 - JULY 29, 2011 TO BE AMNESTY WEEK FOR ANY PERSON WITH UNPAID PARKING TICKETS; AND DECLARING THE SAME TO BE AN EMERGENCY #12. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 111/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION AND TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY ($160,000.00 - 1001 GENERAL FUND) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule for Ordinance 12. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance #12. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -429- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. You’ve heard the three readings, Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 12. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks under this Ordinance? Leader Dougherty. MEMBER DOUGHERTY: Mr. President. Yea, I move we amend Ordinance 12 per the copy in front of all Council Members. MEMBER CIRELLI: Seconded. Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 12 by the substitution of the attached, ordinance for the ordinance pending before Council. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance 12 by virtue of the copy before each Member of Council. Are there any remarks? Hearing none, by voice vote all those in favor of the motion signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 12 as amended. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12 as amended. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 111/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 12 is adopted. Ordinance #13 please. #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A FIRE DEPARTMENT TRAINING AND EQUIPMENT GRANT IN AN AMOUNT NOT TO EXCEED $3,250.00; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -430- MINUTES OF THE MEETING JULY 11, 2011 #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $6,650.00 TO SOUTHWAY FENCE COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (PROBATIONARY POLICE OFFICERS) #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR SUPPORT CONTRACT WITH THE JAMES GROUP IN AN AMOUNT NOT TO EXCEED $38,022.22 FOR ONGOING SUPPORT AND MAINTENANCE OF THE CITY’S ORACLE SOFTWARE LICENSES PURSUANT TO O.R.C. SECTION 125.04; 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 begin with Ordinance 17. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #17 THROUGH #22 FOR THE THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 112/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY (35TH ST NE PROJ, DOWNTOWN SID, AUDITOR) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 112/2011 PRESIDENT SCHULMAN: Ordinance 17 is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 113/2011 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $1,313.00 TO SIGNATURE CONTROL SYSTEMS, COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -431- MINUTES OF THE MEETING JULY 11, 2011 LLC; AND DECLARING THE SAME TO BE AN EMERGENCY (MILLENNIUM PARKING DECK) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 113/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 18 is adopted. Ordinance 19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 114/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE STARK COUNTY TRANSPORTATION IMPROVEMENT DISTRICT AND TO RECEIVE GRANT REIMBURSEMENT AS PART OF THE RECONSTRUCTION OF 12TH STREET N; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 19. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #19 ADOPTED AS ORDINANCE NO. 114/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance #20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 115/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY; (MUNI RD FUND; STREET MAINT) COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -432- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 115/2011 PRESIDENT SCHULMAN: Ordinance #20 is adopted. Ordinance 21 we’ve passed. Ordinance 22 please Madame Clerk. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 117/2011 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (2213 CLEVELAND AVE NW - GROFFRE INVESTMENTS) PUB HRG 7/11/11 @ 7:31 PM PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 22. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAY CLERK TIMBERLAKE: Eleven yeas Mr. President. #22 ADOPTED AS ORDINANCE NO. 117/2011 PRESIDENT SCHULMAN: Ordinance 22 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you good sir. The Finance Committee will meet Monday, July 25th at 6:15 PM right here Council Chambers. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -433- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: Thank you Member Hawk. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Inaudible PRESIDENT SCHULMAN: Thank you Member West. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Community & Economic Development will meet same time, same place. PRESIDENT SCHULMAN: Thank you Member Smuckler. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet that evening, 6:15. PRESIDENT SCHULMAN: Thank you Leader. Any other announcements? CLERK TIMBERLAKE: Environmental & Public Utilities, Council Member Cirelli. MEMBER CIRELLI: Will meet the same time. Environmental & Public Utilities. Excuse me. PRESIDENT SCHULMAN: Thank you Member Cirelli. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We are now under Miscellaneous Business. Is there any? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: I’m not going to take up too much time but a couple things. When I was looking at the 12th Street extension that we’re doing, maybe you could have, and I’ll tell this to Warren Price. I noticed I went on Serpentine Hill and on the, if you’re heading west sir, there’s a concrete bridge there and it’s that fancy. There’s a whole section of that is missing. Maybe someone could put a barriers up there. I just saw that last night as I was going out that way so maybe somebody could put a barrier on that bridge there. I would appreciate that very much. And then the only other thing was when the gentleman spoke and are, or excuse me, she spoke to us about the ambulances not responding. You know most of the people weren’t here when some time ago we made sure that apartments had to be numbered and Joe I don’t think you were the Law Director, Mr. Martuccio at the time. That was so that whenever our fire trucks or ambulance had to COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -434- MINUTES OF THE MEETING JULY 11, 2011 respond, they had to have a visible number of what apartment they were going to and what have you. I would wish somebody would look into what is happening with that because I have some grave concerns. I thought when you called 9-1-1 that there’s an address that automatically appears and I really am distressed to hear that somebody had to go 20 minutes and find out that they were at the wrong place. So if we could find out what happened there, Mr. Ream I would appreciate that sir. Thank you very much for the safety of all. PRESIDENT SCHULMAN: Thank you Member Cirelli. Member a.... MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Father Cole. MEMBER COLE: Just briefly. I just wanted to say thank you for everyone’s warm wishes. My wife and I truly appreciate it. Thank you. PRESIDENT SCHULMAN: Congratulations again. Any other.... SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Yes, Director. SERVICE DIRECTOR PRICE: Now get home and change those diapers. LAUGHTER PRESIDENT SCHULMAN: I want to say one thing. I want to compliment the Mayor. I know we all feel this way and the administration and the Law Director, particularly the Mayor’s administration on the pleasant news, the great news that the Cleveland Cav’s are going to have a farm team in Canton, Ohio. APPLAUSE I see a lot of positive things happening in this city and the Mayor and obviously Council Members are to be commended for that. Anything else? MEMBER BUTTERWORTH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Butterworth. MEMBER BUTTERWORTH: In response to Mr. Friedman’s comments earlier about a grant through FEMA for the Fire Department, from what I understand the Fire Department has a grant we were awarded a SAFER grant and we have filed for two exemptions, I’m not sure what the exact wording is, to actually relieve ourselves of partial staffing for that due to the financial circumstances of the city correct? SAFETY DIRECTOR REAM: That is correct. We received a two year, $3,400,000.00 SAFER grant as some of the other cities in Ohio did and it’s about hiring firefighters and maintaining firefighters and we did file for exemptions because of our financial situation. Those were granted as we qualified for those exemptions and we are using that 3.4 million over a 2 year period to keep our staffing up as high as our resources allow within the Fire Department. MEMBER BUTTERWORTH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Butterworth. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -435- MINUTES OF THE MEETING JULY 11, 2011 MEMBER BUTTERWORTH: And Safety Director Ream, with those funds how many positions does that cover in the Fire Department. SAFETY DIRECTOR REAM: It will cover 28. MEMBER BUTTERWORTH: And Mr. President. With those exemptions, how much of that funding is used to cover those positions in the Fire Department currently? SAFETY DIRECTOR REAM: Well the two exemptions applied to, I believe 16 or 17 positions and the funding is there for 28 positions. MEMBER BUTTERWORTH: So the grant is used to cover 9 positions with the exemptions for the other 16 or 17. Correct? SAFETY DIRECTOR REAM: Well the grant is covering 28. We were not forced to have to hire new firefighters in 17 of those situations. MEMBER BUTTERWORTH: So in other words with the 17 open positions, then we are not filling those. SAFETY DIRECTOR REAM: That is correct. MEMBER BUTTERWORTH: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Just a quick question or observation or maybe I need the observation. Do we know when, and this would be directed to the Safety Director. Do we know where the most fires are occurring in the city? I mean is there like a map that specifies like over a years time this is where the fires are at. The same thing with EMS calls. Do we have some kind of indication of where there all or the most of them are coming from. SAFETY DIRECTOR REAM: I’m not sure that the Fire Department charts that. My guess would be that, that information would be pretty readily available. We know where our busiest stations are and that would be reflected in that information. MEMBER WEST: What is the busiest station right now on record? Do we know? SAFETY DIRECTOR REAM: I do not right now without looking up figures. I don’t want to tell you something that inaccurate so...if you want, I’ll get back to you on that. MEMBER WEST: I appreciate it, thanks. PRESIDENT SCHULMAN: Thank you Member West. Anything else? Leader./ MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER CIRELLI: Seconded. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -436- MINUTES OF THE MEETING JULY 11, 2011 PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Meeting is adjourned. (Gavel falls) Drive safely everyone. ADJOURNMENT TIME: 8:20 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 11, 2011 ROLL CALL: Eleven Mem bers Present, One Absent M OTION TO EXCUSE M EM BERS: Mem ber Terry Prater INVOCATION: Joe Cole, Council-at-Large Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 ST Rdg O#10 and 2 nd Rdg O#11 - O#16; O#10 Adopted on 1 ST Rdg; O#12 Adopted as Am ended on 2 ND Rdg) PUBLIC HEARINGS: 7:30 PM AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; LOCATED IN W ARD 1 @ 3120 PARKW AY ST NW (DR ALBERT DOMINGO) FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PB-1 (PLANNED OFFICE DISTRICT); PLANNING COMMISSION RECOMMENDED APPROVAL O#116/2011 7:31 PM AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; LOCATED IN W ARD 7 @ 2213 CLEVELAND AVE NW (GROFFRE INVESTMENTS) FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS); PLANNING COMMISSION RECOMMENDED APPROVAL O#117/2011 OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks. PUBLIC SPEAKS (CITY BUSINESS): Patricia Kirk re: Discussed the need to have a localized 9-1-1 center. Also relayed that she hopes that when we get a tree Ordinance we pass it; Harold Friedm an re: Expressed his dism ay with Fire station #10 being open only 4 days in 4 ½ weeks and wonders why we can’t get a FEMA grant like Cleveland did; Pete DiGiacom o re: W ould like to see high grass offenders’ nam es published in the newspaper; Pastor Holm es re: Advised that he wants to start an academ y nam ed after W .C. Henesey that would teach boys and girls strong academ ic excellence, personal responsibility, patriotism and an appreciation for m orals and integrity. INFORM AL RESOLUTIONS: 21. COUNCIL-AS-A-W HOLE: COMMENDING ALL THOSE INVOLVED IN THE ULSTER PROJECT. - ADOPTED COM M UNICATIONS: 235. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/11 - 6/30/11. - RECEIVED & FILED 236. AUDITOR MALLONN: MONTHLY RPT BY FUND 6/1/11 - 6/30/11. - RECEIVED & FILED 237. CANTON FIRE DEPT: 2009 ANNUAL REPORT. - RECEIVED & FILED 238. CANTON FIRE DEPT: 2010 ANNUAL REPORT. - RECEIVED & FILED 239. COMMUNITY DEV DIR W ILLIAMS: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /YOUNG MEN’S CHRISTIAN ASSOC TO PROVIDE GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $40,000.00 FOR OVERALL MGMT & SUPERVISION OF FACILITY & PROG AT THE EDW ARD “PEEL” COLEMAN CENTER; RETROACTIVE 3/28/11 - 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 240. COMMUNITY DEV DIR W ILLIAMS: REQ $50,000.00 APPROP TRANSFER FROM CD ADMINISTRATION TO YOUTH DEV - SUMMER EMPLOYMENT TO PAY SALARIES FOR YOUTH PARTICIPATING IN 2011 SUMMER JOB PROG. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 241. COMMUNITY DEV DIR W ILLIAMS: REQ $50,000.00 APPROP TRANSFER FROM CD ADMINISTRATION TO COMMUNITY DEV DEMOLITION FUND FOR BOARD UPS, TITLE SEARCHES & LEGAL ADS FOR DEMO PROJS FOR REMAINDER OF 2011. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 242. COMMUNITY DEV DIR W ILLIAMS: REQ $30,000.00 SUPP APPROP TO 2214 506001 HOME FUND TO PAY SALARIES FOR PERSONNEL INVOLVED W /HOUSING REHAB ACTIVITIES FOR REMAINDER 2011. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 243. DEVELOPMENT DIR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /GOODW ILL IND OF GREATER CLEVELAND & EAST CENTRAL OHIO INC TO PROVIDE AN ECONOMIC DEV GRANT UTILIZING CDBG FUNDS IN AMT NOT TO EXCEED $50,000.00 FOR COMMUNITY CAMPUS PROJ PHASE III FOR PURPOSE OF EXPANDING CANTON COMMUNITY CLINIC EFFECTIVE UNTIL 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 244. PLANNING COMMISSION: REQ TO AMEND O#85/2011 TO MATCH LIST OF REPLATTED LOTS (ELIMINATING LOTS 41208 - 41211) ON STANDARD PRINTING REPLAT. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 11, 2011 COM M UNICATIONS CONTINUED: 245. PLANNING COMMISSION: RECOMMENDED APPROVAL OF PROPOSED W ARD ASSIGNMENT TO W ARD 1 & PROPOSED ZONING CLASSIFICATION TO PB-1 FOR LAND KNOW N AS ARMORY ANNEXATION @ 3120 PARKW AY ST NW . - ANNEXATION COMMITTEE 246. SAFETY DIRECTOR REAM: DECLARE 14 BUILDINGS UNSAFE & HAZARDOUS FOR W HICH DEMO IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 247. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO 5 YR CONTRACT W /GREENER CORNERS LLC FOR PURPOSE OF INSTALLATION OF RECYCLING RECEPTACLES ON CITY OW NED PROP TO INITIATE A PUBLIC SPACE RECYCLING PROG; GREENER CORNERS W ILL REC REVENUES GENERATED BY THE ADVERTISING SPACE CREATED THRU FRONTAGE ON THE RECEPTACLES. - FINANCE COMMITTEE 248. SERVICE DIRECTOR PRICE: REQ VARIOUS SUPP APPROPS FROM THE 5201, 5410 & 5601 UNAPPROP BALANCES FOR INCREASES IN W AGES, EQUIPMENT REPAIRS, PIPE, PIPE FITTINGS, METER TRANSMITTING UNITS & THE SEMI ANNUAL LOAN PAYMENTS TO OHIO W ATER DEV AUTHORITY (W ATER DEPARTMENT). - FINANCE COMMITTEE 249. SERVICE DIRECTOR PRICE: REQ TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT W /JACKSON TOW NSHIP; REQ TO APPLY SOLELY &/OR JOINTLY W /JACKSON TOW NSHIP FOR GRANT FUNDING TO FURTHER THE GOALS OF THIS PROJ. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 250. SLIMAN, S, AGENT FOR PETITIONER: RECEIPT OF PERTINENT DOCUMENTS FOR THE ARMORY ANNEXATION. - RECEIVED & FILED 251. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS FOR THE ARMORY ANNEXATION. - PLANNING COMMISSION 252. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 6/30/11. - RECEIVED & FILED 253. TREASURER SCHIRACK: RPT OF DEPOSITS & PAY INS FOR JUNE 2011 TO AMBULANCE LOCK BOX. - RECEIVED & FILED 254. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JUNE 2011. - RECEIVED & FILED 255. TREASURER SCHIRACK: BANK RECONCILIATIONS & CITY’S OUTSTANDING INVESTMENTS AS OF 6/30/11. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOW N (PART OF LOT 14345 ON 7 TH ST NE) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 2. AUTHORIZE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOW N (PART OF LOT 6289 ON 7 TH ST NE) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. AUTHORIZE ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL ELECTRICITY AGGREGATION PROG W /OPT-OUT PROVISIONS PURSUANT TO ORC SEC 4928.20; DIRECTING STARK COUNTY BD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; EMERGENCY Referred to Judiciary & Environm ental & Public Utilities Com m ittees 1 ST RDG 4. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (RICHARD RODRIQUES, 634 W ALKER CT NE) Referred to Judiciary Com m ittee PUB HRG: 8/8/11 @ 7:30 PM 1 ST RDG 5. AMEND O#55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (LAVERNE DALE, 3745 KIRBY AVENUE NE) Referred to Judiciary Com m ittee PUB HRG: 8/8/11 @ 7:31 PM 1 ST RDG 6. AUTHORIZE SERV DIR TO ENTER INTO 3-YR PROF SVCS CONTRACT W /W ARW ICK COMMUNICATIONS, INC IN AN AMOUNT NOT TO EXCEED $37,020.00 FOR ONGOING SUPPORT & MAINTENANCE OF THE CITY-W IDE TOSHIBA TELEPHONE SYSTEM; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 7. ADOPTING THE CITY’S ALTERNATE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 11, 2011 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 8. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO A CONSULTANT CONTRACT W ITH W .E. QUICKSALL AND ASSOC, INC FOR THE ORCHARD VIEW /ARGYLE-ARGYLE/HEDGEROSE INTERSECTION IMPROVEMENT PROJ GP 1110; AMEND APPROP O#245/2010; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO COOP AGMTS W /OTHER PROJ STAKEHOLDERS; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 9. AUTHORIZE MAYOR TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT DISTRICT CONTRACT W /JACKSON TOW NSHIP; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee (COUNCIL RECESSED AT 8:02 PM FOR THE PUBLIC SAFETY & THOROUGHFARES COMMITTEE TO DISCUSS ORDINANCE #10; RECONVENED AT 8:04 PM) 110/2011 10. AMEND O#85/2011; EMERGENCY (DELETING LOT NUMBERS FOR STANDARD PRINTING REPLAT) Referred to Public Safety & Thoroughfares Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#11 - O#16; O#12 ADOPTED AS AMENDED) 2 ND RDG 11. DECLARE W EEK OF JULY 25 - 29, 2011 AMNESTY W EEK FOR ANY PERSON W ITH UNPAID PARKING TICKETS; EMERGENCY (JUD) AM ENDED 111/2011 12. AMEND APPROP O#245/2010, AS AMENDED, BY MAKING SUPP APPROP AND APPROP TRANSFER (FIN) 2 ND RDG 13. AUTHORIZE SAF DIR TO ACCEPT FIRE DEPT TRAINING & EQUIPMENT GRANT IN AMT NOT TO EXCEED $3,250.00; AMEND APPROP O#245/2010; EMERGENCY (FIN) 2 ND RDG 14. AUTHORIZE AUDITOR TO PAY $6,650.00 TO SOUTHW AY FENCE CO.; EMERGENCY (IMPOUND LOT) (FIN) 2 ND RDG 15. AMEND EXHIBIT A TO O#40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY CITY OF CANTON; EMERGENCY (PROBATIONARY POLICE OFFICERS) (PER & FIN) 2 ND RDG 16. AUTHORIZE SERV DIR TO ENTER INTO A ONE YR SUPPORT CONTRACT W /THE JAMES GROUP IN AMT NOT TO EXCEED $38,022.22 FOR ONGOING SUPPORT & MAINTENANCE OF THE CITY’S ORACLE SOFTW ARE LICENSES PURSUANT TO O.R.C. SECTION 125.04; EMERGENCY (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 112/2011 17. AMEND APPROP O#245/2010; EMERGENCY (35 TH ST NE PROJECT; DOW NTOW N SID & AUDITOR FUNDS) 113/2011 18. AUTHORIZE AUDITOR TO PAY MORAL OB OF $1,313.00 TO SIGNATURE CONTROL SYSTEMS, LLC; EMERGENCY (MILLENNIUM PARKING DECK) 114/2011 19. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /STARK COUNTY TRANSPORTATION IMPROVEMENT DISTRICT AND RECV GRANT REIMBURSEMENT AS PART OF RECONSTRUCTION OF 12 TH STREET N; EMERGENCY 115/2011 20. AMEND APPROP O#245/2010; EMERGENCY (MUNI RD FUND) 116/2011 21. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (3120 PARKW AY ST NW , DR. DOMINGO) PUB HRG: 7/11/11 @ 7:30 PM 117/2011 22. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (2213 CLEVELAND AVE NW , GROFFRE INVESTMENTS) PUB HRG: 7/11/11 @ 7:31 PM ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JULY 25, 2011 in Council Chamber at 6:15 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Public Property Capital Im provem ent Com m ittee 5) Environm ental & Public Utilities Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Asking that a barrier be put in the section of bridge that is m issing on serpentine hill; Also asking that som eone look into the problem s with EMS showing up at the wrong addresses; Mem ber Cole re: Thanking everyone for the warm wishes; President Schulm an re: Com plim ented the Mayor, Adm inistration and Law Director on the news that the Cleveland Cavs are going to have a farm team in Canton; Mem ber Butterworth re: Asked Director Ream about the FEMA grant that the City received; Director Ream re: Explained the FEMA grant and the exem ptions; Mem ber W est re: Asked Director Ream where the m ost fires are occurring; Director Ream re: Advised that he didn’t think that the fire departm ent charts that but the inform ation would probably be readily available. ADJOURNM ENT: 8:20 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JULY 25, 2011 @ 7:30 PM

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