City Council
Regular MeetingCanton, OH · January 30, 2012
Minutes
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PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. We
have a number of people tonight, welcome for those of you who have never attended. Before we open the
Meeting, I do want to indicate that we have in Public Speaks tonight, to talk about the Animal Control issue,
the Animal Control person and also what we’ve all I think received, which is the trap, neuter and release
program. We’ve received, all of us have, all of your emails and we appreciate that, it’s given us interesting
insight as to this issue. However, I would ask those who are going to speak to bear in mind that City Council
wants to hear from each of you but we do limit our discussions to three minutes and I will hold you to that
tonight and if obviously we would hope that people who are going to speak on this issue will listen to the
speakers coming before them who are speaking on the identical issue and try not to just repeat what others
have said. If you do have a different vantage, a different take, we welcome that but we don’t want to be here
with all due respect to the people in the audience all night long listening to the same issue over and over and
the same points being made, although we again do appreciate you being here. So with that, I want to also say
that we had an angel of food tonight and it was very much appreciated. In any case, with a quorum being
present, the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk.
ROLL CALL TAKEN BY CLERK TIMBERLAKE:
12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, PATRICK BARTON, JAMES BABCOCK,
MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, KEVIN
FISHER, EDMOND MACK & FRANK MORRIS)
TWELVE COUNCIL MEMBERS PRESENT.
CLERK TIMBERLAKE: All present Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by Council
Member at Large James Babcock. Please remain standing for our Pledge of Allegiance.
The regular meeting of Canton City Council was held on January 30, 2012 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 at Large, James Babcock. The Pledge of Allegiance led by President
Schulman.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Thank you Member Babcock. We’re now under Agenda Corrections and
Changes, Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we Suspend Rule 22A to add 2nd Reading Ordinances 10
through 25.
MEMBER BARTON: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading
Ordinances 10 through 25 to this evening’s Agenda. Any remarks? Hearing none, Madame Clerk, roll call
vote please.
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NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
PRESIDENT SCHULMAN: The Motion carries and Rule 22A is suspended.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: Moving to Public Hearings. We have no Public Hearings this evening.
OLD BUSINESS
PRESIDENT SCHULMAN: Turning now to Old Business I will turn this over to the Chief of Staff of the
Mayor, Warren Price. Mr. Price.
CHIEF OF STAFF PRICE: Thank you Mr. President, Members of Council, ladies and gentlemen. One item,
Mr. Parker did address Council regarding honoring Alan Page in the jury room. I did talk to Mike Kochera,
the Court Administrator and informed him, you know, that certainly the Administration has no problem with
whatever they want to do in the Court’s jury room. I’d also like to mention, we did just take receipt of, jee, I
think it was Thursday or Friday, if you’ll notice in the main lobby to City Hall, we do two display cases that
are on loan to us from the Hall of Fame and we are going to continue to display artifacts from the Hall of
Fame here at City Hall downtown just by a loan arrangement with them which, you know, we’re very thrilled
about. And, you know, please have a look on your way out of the building or the next time you get a chance.
Thank you.
PRESIDENT SCHULMAN: Thank you Chief of Staff Price. I just want to add, I think Mr. Parker had a well
deserved article, which I congratulated him on in the Canton Repository yesterday despite the fact that I do try
to cut you off at three minutes, we do listen to you and you have some great ideas. So, congratulations for
that.
PUBLIC SPEAKS
PRESIDENT SCHULMAN: We are now under Public Speaks. We have eleven speakers signed up this
evening and our first speaker, and I’ll do the Animal Control first and then we’ll have some of the other
speakers who are addressing other issues. Toby Franks, Mr. Franks if you’ll step forward, give us your name
and your residential address. Welcome again and just remember please if you can hold your comments to
three minutes.
TOBY FRANKS: Yes, you got it, I’m Toby Franks, address is 401 Ohio Blvd, Louisville, Ohio 44641. I had
a...
PRESIDENT SCHULMAN: Try to....if you would....that microphone...there you go.
TOBY FRANKS: Gotcha, thank you. I had a statement prepared but at the last minute, AlleyCat Allies
contacted me today and asked if I would just read a statement from them on their behalf as a feral friend, a
member of AlleyCat Allies, they wanted an actual official statement read right off the bat so I won’t bore you
with my personal resume. Statement submitted by AlleyCat Allies to the City Council of Canton Ohio,
January 30, 2012, Mr. Mayor and City Council Members, thank you for allowing me to read the statement on
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behalf of AlleyCat Allies. I’m Toby Franks and I’m a resident of Stark County. AlleyCat Allies is the only
national organization dedicated to the protection and humane treatment of cats. We’re concerned about your
City’s current Animal Control contract which is scheduled to be renewed. Since 2009, the City has awarded a
contract in the range of 26,000 to $27,000.00 annually to Mr. Phil Sedlacko capture animals such as wildlife
and cats and kittens and deliver the captured felines to the Stark County Humane Society. Although the
captured felines to the Stark County Humane Society. Although the Humane Society does not keep records,
we know from the contractors records that last year 399 cats and kittens were captured and we can assume that
most or all of these cats were then killed. For years municipalities like Canton have spent tax dollars caring
out such cats...catch and kill methods which simply do not work. When cats are removed from a location new
cats move in or survivors breed back to capacity. This phenomenon is called the vacuum affect. Rather than
to continue to waste taxpayers’ money on the futile practice of catch and kill, there are humane alternatives.
Directing resources and efforts to spay and neuter will stabilize populations and interrupt the endless cycle of
killing healthy animals. Supporting spay/neuter efforts is also effective because it engenders community
support. Your constituents will be happier knowing that a human program is in place. Since there are many
factors to consider we urge you to suspend the renewal of this Animal Control contract in order to study
humane options that are more effective. As the National experts, AlleyCat Allies is available to advise on
implementing the approach. Thank you for your consideration, AlleyCat Allies.
PRESIDENT SCHULMAN: Thank you very much Mr. Franks.
TOBY FRANKS: Thank you President.
PRESIDENT SCHULMAN: Our next speaker is, and I apologize, sometimes I can’t read the writing right and
don’t know how to pronounce your name, Jill Kirsch and I hope I pronounced your name correctly.
JILL KIRSCH: (Inaudible)
PRESIDENT SCHULMAN: Good. If you’ll step forward Ms. Kirsch and give us your name and your
residential address please and welcome to Canton City Council.
JILL KIRSCH: Thank you. This is some brochures from my organization you can pass around. My name is
Jill Kirsch, my address is 948 Pontius Street NW, Hartville, Ohio. I’m here representing Cripple Creek Ferals
& Friends, a local organization dedicated to trap, neuter and return. In 2011, that was our first official year as
a rescue open to the public. We trapped, neutered and returned 150 cats. We utilize a spay/neuter clinic in
Akron that offers a feral cat package for $60.00 per cat. Last year Mr. Sedlacko trapped approximately 375
cats and kittens, at that rate, those animals could have been trapped, neutered and returned for $22,500.00, less
than his salary. With available grants and funding programs, that figure is sure to be considerably less. It is
clear to me from the response that I’ve received from the public that the citizens of Stark County want to
chose the humane way of handling the overpopulation and nuisance animal problem. There areas that we have
done trap, neuter and return have been very successful and I have letters from people that we’ve done large
amounts of cats in their neighborhoods stating that it’s been successful, the population has declined or
stabilized and the cats aren’t spraying, they’re not howling, they’re not causing problems to the neighbors any
longer. Most people that contacted us were willing to do the trap, neuter and return on their own. They didn’t
know how to go about it, they didn’t know where to take the cats and we provided that information, we
offered traps to loan and we also offer transportation if needed and aftercare of the cats. This is all done
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strictly by donations. It has been proven in many major Cities such as New York, Chicago, San Diego and
Maricopa County, Arizona that trap, neuter, return is the only effective way of dealing with feral cats. The
trap, neuter, return programs have resulted in reduced complaint calls, increased adoption rates and cost
effectiveness as well as healthier animals. Trap, neuter and return is also endorsed by the National Animal
Control Association, Humane Society of the United States, the ASPCA, American Association of Feline
Practitioners, American Animal Hospital Association and the Association of Shelter Veterinarians. Most
people that I spoke with were unaware that this service that Mr. Sedlacko is providing was available and they
were appalled when they read the number of animals that have been trapped and disposed of. There seemed to
be a lot of unanswered questions as to how and why the animals were trapped and what happens to them after
they are trapped. Are ear tipped cats being returned? Ear tipped cats are the universal symbol for cats that
have already been trapped, neutered. They clip the tip of the left ear off to mark them as that. Are they being
released as they should be?
PRESIDENT SCHULMAN: You have about...I’m sorry, you have about 10 seconds.
JILL KIRSCH: Okay. How is it decided if any of these animals are actually people’s pets? How are they
killed and by whom and are they required to be held for the same 72 hour period as the dog pound? And in
closing, I’d like the Council Members to be aware that there are other alternatives to necessary killing and I
hope you will take the time to explore these. Feel free to contact me if you have any questions regarding trap,
neuter, return.
PRESIDENT SCHULMAN: Great.
JILL KIRSCH: Thank you.
PRESIDENT SCHULMAN: Thank you very much Ms. Kirsch. Our next speaker is Marcia Zawacky. I hope
I pronounced your name correctly,
MARCIA ZAWACKY: (Inaudible)
PRESIDENT SCHULMAN: Well I...what is it?
MARCIA ZAWACKY: (Inaudible)
PRESIDENT SCHULMAN: Zawacky? Okay, Ms. Zawacky, welcome to Canton City Council, if you’ll give
us your name and your residential address.
MARCIA ZAWACKY: Good evening, thank you for letting me be here. This is Marcia Zawacky, 2831
Harrison Avenue NW, Canton, Ohio. I came tonight to talk about trap, neuter and release. ASPCA, okay,
has...if you go on...I love Google, God I love Google, okay. Go on and look at some of the information that’s
available, they have organizations they’ve partnered with that have...they have grants to give these people. It
appears to me that they gave about $49,000.00 to each one of these organizations last year to do...to have a
trap, neuter and release program, okay. Much, much better idea from the idea that cats do have a territory, you
do get them...you trap, neuter/spay or whatever, give them their shots and put them back in their territory,
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that’s important, okay, because they keep the other cats out. Then they’re not making babies, okay, but
their...like she said, they don’t make noise anymore because their not trying to find a mate or whatever, okay.
This is really important and I want you to think about this, why do we have so much violence in our society
today, because teach them that, that’s how you solve problems, by killing. One of the things I want you to
think about is we have two, I call them rent a cats at home, Mike Cotsolis who is a PhD at the Timken
Company got sent to China to move a Timken Plant there and we have two of their kitties. How do I explain
to their daughter when the one kitty, he runs out all the time, we try to keep him from running out but he runs
out, okay. How do I explain to her that somebody picked him up and killed him? How do I explain that to
Mike? Okay. You guys don’t know, this is a non selective kind of thing, you don’t know what you’re killing.
So, that’s what I have to say. The other thing I want to remind you of is they killed all the cats in the 1347,
those times, we had the bubonic plague, does anyone remember this? They killed the cats, what happened, the
rats came in, rats brought the fleas, plague, okay. It can happen again. Thank you.
PRESIDENT SCHULMAN: Thank you very much, appreciate it.
MARCIA ZAWACKY: You’re welcome.
PRESIDENT SCHULMAN: Our next speaker is Joy Wagner. Ms. Wagner, good evening, if you’ll step
forward and give us your name and your residential address and welcome to Canton City Council.
JOY WAGNER: My name is Joy Wagner and I reside at 4130 Belden Avenue, Canton Township, Ohio. I am
President of the non-profit Stark County organization, Peace for Pets. Our mission includes educating the
public on the humane treatment of all animals and promoting trap, neuter, return as the only effective and
humane method for controlling the feral cat population. I am here to urge you to consider less costly, more
effective, more humane methods of dealing with feral and free roaming cats and wildlife within the City limits
of Canton. First the cost, I have reviewed Mr. Sedlacko’s statistics for the year 2011 and have discovered that
in having discovered in capturing the cats, kittens and wildlife, that were mentioned by Mr. Franks, he drove
8,229 miles in a retrofitted van that was paid for by the City of Canton and also I’m assuming is maintained by
the City of Canton, he also I’m assuming is maintained by the City of Canton. He also mentions that he
utilized 782 gallons of gasoline which I’m assuming was paid for by the City of Canton. There’s also the cost
of what the Humane Society charged for dealing with these animals because that’s where we’re assuming they
went. But it is not just the dollars and cents that we’re concerned about. First, what trapping methods does
Mr. Sedlacko utilize? From reports that our organization has received, we understand that he leaves cats and
wildlife in traps overnight without protection from the elements and from those who would harm them. After
he initially retrieves the traps, what does he do with the animals? Does he keep them in this van overnight
without heat in the winter and ventilation in the summer? Does he feed them? Does he keep their traps
clean? What does he do with injured animals? What happens to the cats and kittens that he captures? Does
he take the feral cats to the Stark County Humane Society where they are most certainly euthanized as the
Stark County Humane Society does not consider them adoptable. What happens to the other cats and kittens?
What happens to the wildlife, which so far nobody has mentioned? Are they killed? Are they relocated?
Does he use procedures developed by the Ohio Department of Wildlife? Does he use rehabilitators
recommended by the Ohio Department of Wildlife? That is what my organization wants to know and I think
that’s what most of the animal lovers here would like to know. We propose an alternative. Before you spend
over $30,000.00 to kill feral cats and trap and do whatever you...is done with wildlife, please sit down with
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our organization or one of the individuals or organizations who have already been mentioned and talk to us
about one, a trap, neuter, return program for the City of Canton, two, an education program which would
encourage City cat owners to spay and neuter their pets and keep them indoors and three, an informational
program to let people know what to do when they have a problem with wildlife and who to call. There’s so
many resources out there, we don’t need to be trapping racoons, opossums, squirrels and rabbits.
PRESIDENT SCHULMAN: Thank you ma’am, that’s all the time you have. I appreciate it, thank you very
much. Our next speaker is Marty Weisel. I hope I’ve pronounced that name right, have I?
MARTY WEISEL: Yes.
PRESIDENT SCHULMAN: Good. Good evening Ms. Weisel.
MARTY WEISEL: Good evening.
PRESIDENT SCHULMAN: If you’ll give us your name and your residential address.
MARTY WEISEL: My name is Marty Weisel, I reside at 1815 Diamond Street, NE. I am currently on the
Board for the Coalition for Animal Concerns. One of our goals has been to greatly reduce and stabilize the cat
and dog population in Stark County by of course spaying and neutering. We have no low cost spay/neuter
clinic in this area so we teamed up with One of a Kind in Akron because they do have one and they alter many
of household pets as well as feral cats. Through the grant money that we have been able to get, we have fixed
many cats, many of which have been in Canton. The ferals as well as some of the tame cats are outside cats
currently. There are fed and provided for with some type of shelter. Our concern is that many of them could
be trapped by this Animal Control Officer because of some complaint by perhaps a disgruntled neighbor
separated by their owner or caretaker and their fate unknown. We believe a better use of taxpayers money
would be working with all of the area groups that you’ve been hearing tonight and do aggressive spay/neuter.
Trap, neuter and returns can be accomplished by using a lot of us who would be willing to volunteer to live
trap. Once an area has been identified as having a large population of ferals. Once the population is under
control, the cats start to die of naturally and the population does reduce. Since we already have in Canton a
van that’s equipped for animals, we could actually use it for transport and there would be less complaints
because the Animal Officer shouldn’t have...since 50 per...56% of the complaints are for cats, this should
greatly reduce that. My last concern is what Joy had hit upon is the type of euthanasia that is used for the wild
animals. Ohio Department of Natural Resources Division of Wildlife requires these animals once trapped
must be either released on the owner’s property or humanly euthanized. The definition of euthanasia being
death that is quick painless and humane. We encourage the Council to have some oversight ensuring that any
Animal Control Officer is following these requirements.
PRESIDENT SCHULMAN: Thank you very much ma’am, we appreciate it. You know we have three
speakers left and I think the last six have been obviously very effective in...in explaining their positions and
their groups, I appreciate that. I would like to hear though, there is from what we’ve read or what I’ve read,
there are some contrary views that feral cats die terrible deaths, that it’s not a...it’s not a good existence, that
the bird conservancy say that they kill millions of our bird population every year. If somebody would
comment in the last three speakers on that, I would appreciate it. Margaret Serri would you...and I’m not
putting you on the spot if you don’t want to, don’t worry about it but Margaret Serri, if you’ll step forward
and...
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FROM THE AUDIENCE: (Inaudible)
PRESIDENT SCHULMAN: Okay, thank you.
FROM THE AUDIENCE: (Inaudible)
PRESIDENT SCHULMAN: Well you’ve had your opportunity, I’m sorry sir but we’ll get you again.
McKenzie Quartz. Good evening, how are you?
MCKENZIE QUARTZ: (Inaudible)
PRESIDENT SCHULMAN: Good. You want to step forward and give us your name and your residential
address. Right over there sweetie.
MCKENZIE QUARTZ: Hi, my name is McKenzie Quartz and, what?
PRESIDENT SCHULMAN: You’ll have to try to speak into the microphone.
MCKENZIE QUARTZ: Hi, my name is McKenzie Quartz, I live at 8336 Kellydale, Massillon, Ohio. I’m in
5th grade and 11 years old. I want to talk about the law you are trying to pass about the cats. I think the law is
very unfair because there are better ways to deal with this problem. I’ve been volunteering for the APG since I
was around three years old. This is a wonderful organization and I am proud to be a part of it. Trapping and
fixing and then setting free is a much more fair option. I mean if it was people would you do this? Really,
just because they can’t talk or show facial expressions doesn’t mean that they don’t matter, we are their voice.
I realize that this really bothers people but why do we have to kill them? I don’t believe that it would cause
much trouble if they didn’t have any more babies. These are...there are people who know how to take care
wild cat families. A lot of these cats are honestly wild and anim...or wild animals and we need to realize that
they..that they live here too. It’s not okay for them to be pushed away like they don’t matter. I hope that you
will consider my opinions. Thank you.
PRESIDENT SCHULMAN: Thank you. Thank you McKenzie, great job. Our last speaker is Dana Ray.
Dana if you’ll step forward and give us your name and your residential address. I presume this is Dana and
while Dana is coming forward I just want everyone to understand, I told Council tonight, my wife and I have
four cats at home and we have two cats in our office, I don’t want you to think that by virtue of what I said, I
don’t like cats. I love cats obviously. (Applause) So, go ahead.
DANA RAY: My name is Dana Ray and I live at 1891 Nichols and that’s considered Akron, Springfield
Township. What brings me down here is an email I received via Yahoo, which are all the organizations that
team up together that either go for...well they go for any kind of animal. Also, I am with an organization
called People Care Pet Pantry and what we try to do is help all of the people that are low income feed their
animals regardless of whether it be a rat all the way up to a horse so that way we don’t have to give them up.
We strongly enforce the spay and neuter program with them. We’ve recently come across an organization in
Medina that’s called Quick Fix, they will do feral cats for $25.00, in and out, out the door, you don’t have to
put any kind of time limit, you can just walk them in and that’s it. You’ve heard everybody talk about the
TNR which we believe is the best way to go, trap, neuter and release. The trap and kill is definitely the most
horrific thing I have ever seen when it comes to an animal, it is just ungodly and especially if you don’t know
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exactly how these animals are being euthanized. It’s just not fair to them. Thank you.
PRESIDENT SCHULMAN: Thank you very much. And I think I can say before we move onto our next
speaker, speaking of behalf of Council and the Mayor’s Administration, there is an intention to look in depth
as to this issue so I don’t want you to feel like you’re..you’re falling on deaf ears here. There will be some
Committee Meetings about this very thing, what the most effective way is to control the feral cat population
and I’m sure some of the questions I’ve raised, I hope will be answered because I think they’re fair questions.
It’s not that we don’t love animals, we all do and we don’t want to see them harmed but there are some other
sides of the issue. But thank you all very much for speaking and those of you who came with the speakers, we
appreciate your being here, your passion on this issue. Our next speaker is Wayne Jamerson....Mr. Jamerson,
I’m sorry, if you’ll come forward please sir and give us your name and your residential address and I know
that Member Morris will help you out here with the microphone.
WAYNE JAMERSON: Yeah, he’ll help me out. Thank you very much.
PRESIDENT SCHULMAN: If you’ll give us your name and your residential address and welcome.
WAYNE JAMERSON: My name is Wayne Jamerson, I live at 2410 14th Street NE. Good evening to the
Mayor, Council President and Council Members. My problem tonight is this, the City came by my house last
week and put a orange sticker on my car because they say I was on the grass but I want to know, when you live
in this City, you try to do right. The City always come around and mess with you on your property about
something because there’s cars on the grass. I got my license on my van and I got my sticker but we got
people in this City like down on Mahoning Road by The Rotunda that man is gonna have his car sitting up on
blacktop or concrete, he got one tire on concrete, the rest of it’s on dirt. Now in the summertime, he grow
grass but ya’ll don’t never come down there and say nothing to that guy and he be selling them cars all the
time. How come you always got to go around where the neighbors trying to do right and live right and abide
by the law and ya’ll go down there and always pick with them instead of the guys ya’ll need to pick with.
Because we got too many people that come in this City, buy these old houses, buy these old buildings, don’t
fix them up, don’t do nothing and want people to rent them houses and then they don’t even live in Canton.
For a long time, the people who don’t live in Canton don’t care nothing about the citizens of Canton, don’t
care about nothing in Canton because they don’t live here, they live in Wooster but come up here and get these
houses and want to rent them out to people and ya’ll don’t say nothing to them and I got an example. When
(inaudible) bought the Spanish/American building on Belden, the police used to go over there and have
meetings. When he bought the building, they had over 100 citations. It took him 2 ½ years to get that
building right before he could open up this club. And that’s all I have to say. Thank you.
PRESIDENT SCHULMAN: Okay, thank you very much. Thank you very much sir and the Mayor and the
Administration and Members of Council will be here afterwards so if you want to talk to us more. Our next
speaker is James Parker. Mr. Parker if you’ll step forward, give us your name and your residential address.
JAMES PARKER: Good evening. James Parker, 630 Penny Street SE, North Canton, Ohio.
PRESIDENT SCHULMAN: Three minutes.
JAMES PARKER: Dear Honorable...oh sir...Dear Honorable Mayor William J. Healy and distinguished City
Council Members. By the way, thank you Service Director Price and Council President for your kind remarks
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and for maintaining the (inaudible) and adherence to the three minute rule. One sidebar, rats didn’t cause the
Black Death, fleas did. Last I checked, cats get fleas and people take them in as pets so I don’t know if that
washes. The way people stored grains mattered more. Jewish people stored grains in sealed jars and didn’t
get the plague but were therefore blamed for it and persecuted and burned alive, the first documented genocide
Holocaust according to Authors Marks and Beatty on their books on epidemics and pestilents. However, what
I came here to speak on tonight concerns Allen....
PRESIDENT SCHULMAN: Yes.
JAMES PARKER: You got a smile like the cat that ate the canary. Anybody ever tell you that? Reflecting
upon the last Council Meeting of the year 2011, which I have titled “The Mutual Admiration Society Meeting”
Council Leader Dougherty gave Proclamations to outgoing Councilmen and obsequious flattery bounded.
However, I don’t recall them giving credit to or thanking the top banana, Mayor Healy. Unappreciative?
Perhaps it was just a prefunctory oversight. So, I would like to publically give thanks to Mayor Healy and all
the staff of Team Healy. Why just this week, Teri Ross and Ching Lynn have meticulously and
enthusiastically completed the Pete Calac, Sr. and Calac family proclamation on short notice too due to a
misunderstanding on my part. From the first time I’ve met Mayor Healy, late last March, he told me to cut out
the grandstanding. I have been treated with respect and dignity, candor and willingness to listen. To quote
Aristotle “It is the mark of a learnded man to entertain thoughts without necessarily accepting them.” I will
tell you all here as I did our County Commissioners face to face a couple weeks back, Mayor Healy is a great
man, I sense his urgency and edge to get bigger and better ideas going for Canton’s well being. How many
City Mayors will cancel attending an important meeting without hesitation to sit down and welcome you into
his office to see how he can help you without any appointment having been necessary? He did it for me. If
anyone here wanted to talk off the record over a game of darts and a beer summit, he’d meet you at the
Conestoga tonight after this meeting. But I’m warning you, loser at the dart game is buying and he’s very
competitive. You don’t hear him speak at Council often because he is a brilliant politician and avoids
embroiling himself into petty discord, this is called using the strength of others. Because he doesn’t show off
his power, get angry or attack people, many people in Canton barely know he exists. This is how best leaders
operate....
PRESIDENT SCHULMAN: You have about 10 seconds....
JAMES PARKER: .....But I hope that you newer Members of Council haven’t taken a vow of silence because
I already miss Bill Smuckler’s point of view on all things controversial. Thank you Mayor Healy, Team
Healy, as well as the right and Honorable Members of Canton City Council.
PRESIDENT SCHULMAN: Thank you Mr. Parker very much. You said that I look like the cat that ate
canary, I wasn’t sure if that was a feral cat or a domesticated cat. (Laughter) Our last speaker is Patricia Kirk.
Ms. Kirk, if you’ll step forward and give us your name and your residential address and welcome to Canton
City Council.
PATRICIA KIRK: Hello my name is Patricia Kirk, I live at 131 5th Street NE and I’m an
association...Neighborhood Association President, Downtown Central and Shake-a-Leaf Association and I’ve
been working on this Tree Ordinance thing for over six years and I assume, Mr. West, it’s going to be in
Caucus maybe next week. I passed this out about a year ago...or not a year ago, about a month ago. It’s the
application for the Tree Commission Academy and what I’m going to do is I’m going to give it to two people.
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -51-
MINUTES OF THE MEETING JANUARY 30, 2012
Now it’s free for the Mayor, it’s $35.00 for someone else. Raise your hand if you know you are already going
to be assigned to this Tree Commission Academy that’s going to be in Canton, Ohio when we get this Tree
Ordinance in here. There’s going to be 5 of you (Laughter) and you’re going to appoint them Mr. Mayor.
Okay, alright, I’m going to give one to you Mr. Mayor and I’m going to give one to the Safety Director. Fill
out your name plainly and all it takes is a $35.00 check and there’s no guarantee that you’re going to get in
because it’s right across the street at Church of the Savior because Canton is hosting it although we haven’t
done anything for it yet but we’ve known about it for two years now and it starts in March but when I told
Lola that no one from the City of Canton has signed up yet from us...from Canton City Council, she just said
“You’re kidding.” Now, there’s going to be 25 Members of the Tree Commission Academy but that’s from
the State of Ohio, not from Canton. So I suggest that tonight you sign up, mail in your check and if it’s
already full, your check will be returned to you, it’s not a guarantee that you will be accepted but it’s very
important that you attend this class. Make a copy if you need another one. It’s open to anybody else on this
esteemed body here. Thank you very much.
PRESIDENT SCHULMAN: Thank you very much. Okay, that concludes Public Speaks now, if there are
people in the audience that were here for the Animal Control or other things and you don’t want to go through
the meeting, you will not be insulting if you want to leave, just if you would leave quietly we’d appreciate it.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have none this evening.
COMMUNICATIONS
PRESIDENT SCHULMAN: Turning to Communications. Let the journal show that all Communications are
received as read.
NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE
IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED
JANUARY 30, 2012.
54. APPLICANT, TIMOTHY GILLEMS: REQ ZONE CHG FROM B-2 (NEIGHBORHOOD BUSINESS)
TO PB-3 (PLANNED GENERAL BUSINESS) @ 509 15TH ST NW TO ALLOW LED SIGN. -
PLANNING COMMISSION
55. CNCL-AT-LRG BABCOCK, J.,& CIRELLI, M.;CNCL MBRS FISHER, K., HAWK, G.,
MACK, E. AND MORRIS, F.: REQ LAW DEPT TO RESEARCH AND DRAFT LEGISLATION
FOR AN ORDINANCE REGARDING FORECLOSED HOMES. - JUDICIARY COMMITTEE
56. FINANCE DIRECTOR DIRUZZA: REQ AMEND O#220/2011 WITH 8 SUPP APPROP (FOR THE
CITY’S CONTINUED OPERATION). - FINANCE COMMITTEE
57. FISHER, KEVIN WARD 5 CNCL MBR: REQ LAW DEPT TO DRAFT LEGISLATION
AMENDING ALL CODIFIED ORDINANCES WHICH INCLUDE SECTION ON
NONDISCRIMINATION TO INCLUDE SEXUAL ORIENTATION & GENDER IDENTITY. -
JUDICIARY COMMITTEE
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -52-
MINUTES OF THE MEETING JANUARY 30, 2012
58. MAYOR WILLIAM HEALY: REQ AUTHORIZATION TO APPT TERRY S PRATER TO CITY’S
BOARD OF ZONING APPEALS FOR TERM OF 1/14/12 - 12/31/14. - PERSONNEL COMMITTEE
59. MAYOR WILLIAM HEALY: REQ AUTHORIZATION TO RE-APPT JACK BOLENDER, JR AND
DAWN DEVINE TO INVESTMENT BOARD BOTH ON RETRO TERM OF 1/1/12 - 12/31/13. -
PERSONNEL COMMITTEE
60. MAYOR WILLIAM HEALY: REQ AUTHORIZATION TO RE-APPT IVAN REDINGER, JR. AND
TIMOTHY WEDEKAMM TO FAIR HOUSING COMMISSION FOR TERM OF 2/1/12 - 1/31/17. -
PERSONNEL COMMITTEE
61. MAYOR WILLIAM HEALY: REQ AUTHORIZATION TO APPT RYAN BRAHLER TO VACANT
SEAT ON CANTON CONSTRUCTION BOARD FOR TERM OF 2/1/12 - 1/31/15. - PERSONNEL
COMMITTEE
62. MAYOR WILLIAM HEALY: REVISION TO ADVISEMENT OF APPT OF MARILYN FRAZIER
TO STARK METRO HOUSING AUTHORITY BOARD OF COMMISSION FOR 5 YR TERM OF
2/1/12 - 1/31/17. - RECEIVED & FILED
63. SERVICE DIRECTOR PRICE: REQ CITY COUNCIL CERTIFY TO COUNTY AUDITOR
PROPERTIES THAT WERE MAINTAINED BY STREET DEPT FOR REAL ESTATE TAX LIEN. -
FINANCE COMMITTEE
64. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC
BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR WEST SIDE
INTERCEPTOR SANITARY SEWER REHABILITATION PROJ, GP 1138; AUTHORIZE MAYOR
AND/OR SERV DIR TO RECV OHIO PUBLIC WORKS COMMISSION GRANT FOR
$1,160,000.00; AUTHORIZE MAYOR AND/OR SERV DIR TO AMEND EXISTING AND/OR
ENTER INTO NEW AGMTS W/STARK COUNTY AND NORTH CANTON FOR
CONSTRUCTION AND REIMBURSEMENT OF COSTS ASSOCIATED WITH WORK; MAKE
$2,000,000.00 SUPP APPROP FROM 5410 SAN SEWER UNAPPROP BAL TO 5410 206046 SAN
SEWER - WEST SIDE INTERCEPTOR SAN SEWER REHAB PROJ GP 1138; MAKE
$1,160,000.00 SUPP APPROP FROM 5443 UNAPPROP BAL WEST SIDE INTERCEPTOR SAN
SEWER REHAB PROJ, GP 1138 TO 5443 206046 WEST SIDE INTERCEPTOR SAN SEWER
REHAB PROJ GP 1138; AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT
OF VOUCHERS. - FINANCE COMMITTEE
65. SERVICE DIRECTOR PRICE: AMEND O#220/2011 BY MAKING SUPP APPROPS IN EXHIBIT A
AND AUTHORIZE THE AUDITOR TO MAKE PAYMENT ON BEHALF OF FUNDS LISTED TO
6023 COMPENSATED ABSENCES FUND. - FINANCE COMMITTEE
66. WEST, THOMAS WARD 2 CNCL MBR: REQ LEGISLATION FOR LAW DEPT TO CREATE A
CITIZEN’S REVIEW COMMISSION TO OVERSEE RESIDENTIAL DEMOLITIONS. -
JUDICIARY COMMITTEE
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -53-
MINUTES OF THE MEETING JANUARY 30, 2012
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for the First Reading. Let
the Journal show that all Ordinances are being given their Reading as required by State Law. Madame Clerk
would you please read the First Reading Ordinances by title.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1
THROUGH AND INCLUDING #9 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE
COMMITTEE REFERRAL, AS FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011;
AND DECLARING THE SAME TO BE AN EMERGENCY ($495,000.00 WATER
PARK FACILITY GRANT FUND)
Referred to Finance Committee
#2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011;
AND DECLARING THE SAME TO BE AN EMERGENCY ($60,357.94 NSP AND
$45,807.04 NSP3)
Referred to Community & Economic Development Committee
#3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011;
AND DECLARING THE SAME TO BE AN EMERGENCY ($8,884.17 NEW
HORIZON PARK FUND AND $2,000.00 LOCAL SOL BYRNE GRANT FUND)
Referred to Finance Committee
#4. (1ST RDG) AN ORDINANCE ESTABLISHING AN ILLEGAL GUN INTERDICTION AND
REDUCTION PROGRAM; APPROPRIATING $35,000.00 TO THE POLICE
DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Judiciary and Finance Committees
#5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011;
AND DECLARING THE SAME TO BE AN EMERGENCY (HEALTH DEPT)
Referred to Finance Committee
#6. (1ST RDG) AN ORDINANCE AUTHORIZING COUNCIL TO ACCEPT A DONATION IN THE
AMOUNT OF $2,844.25 FROM THE WEST PARK NEIGHBORHOOD
ASSOCIATION FOR THE PURCHASE OF TWO SECURITY CAMERAS AND
ASSOCIATED EXPENSES RELATED TO THE INSTALLATION OF THE
EQUIPMENT; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND
DECLARING THE SAME TO BE AN EMERGENCY ($2,844.25 POLICE
DONATION FUND)
Referred to Finance Committee
#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY MORAL
OBLIGATIONS IN AMOUNTS NOT TO EXCEED $8,320.00 TO MARSHALL
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -54-
MINUTES OF THE MEETING JANUARY 30, 2012
LAND COMPANY; $5,282.00 TO COTTRILL WRECKING COMPANY AND
$1,900.00 TO C.R.S. GENERAL CONTRACTING; AND DECLARING THE SAME
TO BE AN EMERGENCY
Referred to Finance Committee
#8. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR STOP-LOSS
INSURANCE FOR CITY EMPLOYEES AND THEIR DEPENDENTS; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
#9. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO CONTRACT WITH THE MUNICIPAL POOL, MANAGED BY OCHS,
INC. FOR GROUP TERM LIFE AND ACCIDENTAL DEATH AND
DISMEMBERMENT INSURANCE COVERAGE FOR ELIGIBLE CITY
EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Our Clerk is going to
work really hard tonight. Would you please begin with Second Reading #10.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES
#10 THROUGH #25 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#10. (2ND RDG) A ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011;
AND DECLARING THE SAME TO BE AN EMERGENCY (4510 2006
CONSTR/RECONSTR BOND FUND - $273,300.00)
#11. (2ND RDG) AN ORDINANCE RATIFYING THE INTERFUND TRANSFER FOR A GRANT
ADVANCE AND TO REPAY THE GRANT ADVANCE; AMENDING
APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO
BE AN EMERGENCY (2213 NEIGHBORHOOD STABILIZATION 3 - $5,016.05)
#12. (2ND RDG) AN ORDINANCE AUTHORIZING PARTICIPATION BY THE CITY OF CANTON
IN THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE; AND
DECLARING THE SAME TO BE AN EMERGENCY (PURCHASE SUPPLIES,
SERVICES, EQUIPMENT & CERTAIN RELATED MATERIALS)
#13. (2ND RDG) AN ORDINANCE AUTHORIZING PARTICIPATION BY THE CITY OF CANTON
IN STATE CONTRACTS PURSUANT TO OHIO REVISED CODE SECTION
5513.01; AND DECLARING THE SAME TO BE AN EMERGENCY (PURCHASE
MACHINERY, MATERIALS, SUPPLIES OR OTHER ARTICLES)
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -55-
MINUTES OF THE MEETING JANUARY 30, 2012
#14. (2ND RDG) AN ORDINANCE AUTHORIZING PARTICIPATION BY THE CITY OF CANTON
IN THE STATE OF OHIO COOPERATIVE PURCHASING PROGRAM; AND
DECLARING THE SAME TO BE AN EMERGENCY (PURCHASE SUPPLIES,
SERVICES, EQUIPMENT AND RELATED MATERIALS)
#15. (2ND RDG) A ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ANGELA
CAVANAUGH TO SERVE AS THE CITY’S CHIEF BUILDING OFFICIAL IN AN
AMOUNT NOT TO EXCEED $108,993.00; AND DECLARING THE SAME TO BE
AN EMERGENCY
#16. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO
ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH PHILIP
SEDLACKO FOR ANIMAL CONTROL SERVICES FOR THE CITY OF CANTON;
AND DECLARING THE SAME TO BE AN EMERGENCY
#17. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO
ENTER INTO LEASE AGREEMENTS WITH THE STARK COUNTY
COMMISSIONERS FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING
SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY
#18. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO
ENTER INTO A LEASE AGREEMENT WITH THE CANTON REGIONAL
CHAMBER OF COMMERCE FOR THE PURPOSE OF UTILIZING CITY OWNED
PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY
#19. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO A LEASE AGREEMENT WITH THE CANTON JOINT RECREATION
DISTRICT; AND DECLARING THE SAME TO BE AN EMERGENCY
#20. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
PURCHASE EASEMENTS IN CONJUNCTION WITH THE HARTVILLE/LAKE
TOWNSHIP WATER MAIN EXTENSION PROJECT; AMENDING
APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO
BE AN EMERGENCY ($74,525.00)
#21. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ACCEPT A DONATION OF LAND FROM THE JAMES F. RICH
REVOCABLE TRUST, JAMES F. RICH, TRUSTEE; ENTER INTO AN
AGREEMENT WITH THE JAMES F. RICH REVOCABLE TRUST AND THE
MONTABELLA ESTATES HOMEOWNERS ASSOCIATION, INC; AND
DECLARING THE SAME TO BE AN EMERGENCY
#22. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO
PROFESSIONAL SERVICE CONTRACTS FOR ALL CONTRACTUAL
COMMITMENTS, INCLUDING BOND LEGAL COUNSEL AND RELATED BANK
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -56-
MINUTES OF THE MEETING JANUARY 30, 2012
SERVICES NECESSARY FOR THE CITY OF CANTON TO ISSUE A BOND
ANTICIPATION NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY
#23. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC
SERVICE AND/OR DIRECTOR OF PUBLIC SAFETY TO COMPLETE THE
CONTRACTING PROCESS FOR VARIOUS CONTRACTS PREVIOUSLY
AUTHORIZED BUT NOT COMPLETED BY JANUARY 1, 2012; AND
DECLARING THE SAME TO BE AN EMERGENCY
#24. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTORS OF PUBLIC SERVICE AND
SAFETY TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR
SUPPLY ITEMS, MATERIALS AND PROFESSIONAL SERVICES FOR THE CITY
OF CANTON’S OPERATIONS DURING THE 2012 CALENDAR YEAR;
AUTHORIZING ALTERNATIVELY THE PURCHASE OF SAID ITEMS
PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT
AND/OR ODOT PURCHASING AGREEMENT; AND DECLARING THE SAME TO
BE AN EMERGENCY
#25. (2ND RDG) ADOPTED AS ORDINANCE NO. 1/2012 AN ORDINANCE AUTHORIZING THE
DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AMENDMENT
AGREEMENT WITH VECTREN RETAIL, LLC FOR THE PROVISION OF
DISCOUNTED NATURAL GAS TO ELIGIBLE RESIDENTS AND SMALL
BUSINESSES IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE
AN EMERGENCY
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules for Ordinance 25.
MEMBER BARTON: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance 25.
Any remarks? Hearing none, Madame Clerk roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: Motion carries, Leader you’ve heard the three readings.
MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 25.
MEMBER BARTON: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks?
Hearing none, Madame Clerk roll call vote please.
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -57-
MINUTES OF THE MEETING JANUARY 30, 2012
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas, Mr. President.
#25 ADOPTED AS ORDINANCE NO. 1/2012
PRESIDENT SCHULMAN: Ordinance 25 is adopted. Thank you Madame Clerk, good work.
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: We’re moving now to Ordinances and Resolutions for their Third and Final
Reading. And we have none.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: Announcement of Committee meetings.
MEMBER COLE: Mr. President.
PRESIDENT SCHULMAN: Member Cole.
MEMBER COLE: At 6 P.M. we will hold Finance Committee in the Caucus Room on February 6th.
PRESIDENT SCHULMAN: Thank you.
MEMBER WEST: Mr. President.
PRESIDENT SCHULMAN: Member West.
MEMBER WEST: Judiciary will meet February 6th at 6:00 P.M.
PRESIDENT SCHULMAN: Thank you. Member Smith.
MEMBER SMITH: Community and Economic Development will also meet February 6th at 6 P.M.
PRESIDENT SCHULMAN: Thank you. Any other Announcements?
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: Turning to Miscellaneous Business, do we have any?
SERVICE DIRECTOR PRICE: Mr. President.
PRESIDENT SCHULMAN: Oh, I’m sorry, Director.
SERVICE DIRECTOR PRICE: Thank you Mr. President. Ladies and gentlemen, I’m not sure if you’re aware
of this but we did have a City employee who unfortunately passed away the last couple of days, his name
Kenny Frascone. Kenny worked first at the Civic Center and then I was able to temporarily transfer him here at
City Hall to the Building Maintenance Department and I...I actually got to know him personally, great guy. Did
a tremendous job at the boiler room over at the Civic Center and was well known for that in City Government.
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -58-
MINUTES OF THE MEETING JANUARY 30, 2012
He transferred to Water Reclamation for a period of time but was in the Sewer Department....to see the guy, I
mean I just saw him, you know, probably 6 months ago and you know, you never would have thought anything
was wrong with him. However, you know, he was very suddenly taken by cancer and so I just ask, you know
while we have nearly 900 employees, you know we are, you know a medium sized City but we’re small enough
that, you know it’s kind of like a family member being lost. So I would ask for a moment of silence if you
don’t object. Thank you.
PRESIDENT SCHULMAN: Sure. Yes, our hearts and prayers go out to his family and may he rest in peace.
Let’s take a moment of silence please.
(MOMENT OF SILENCE FOR KENNY FRASCONE)
PRESIDENT SCHULMAN: Thank you Director. Any other Miscellaneous Business?
MEMBER BARTON: Mr. President.
PRESIDENT SCHULMAN: Member Barton.
MEMBER BARTON: I apologize but Personnel Committee will meet next Monday at 6 P.M. also.
PRESIDENT SCHULMAN: That’s fine, not a problem. Any other Miscellaneous Business? Leader. Oh wait,
Director? If you must.
SERVICE DIRECTOR PRICE: I’ll share credit with you on this so..so. Just wanted to remind folks....
PRESIDENT SCHULMAN: Bless you.
SERVICE DIRECTOR PRICE: Yes Bless you. I just wanted to remind folks of the rededication at City Hall.
That will be happening this Friday, February 3rd and in all seriousness, I do want to thank Majority Leader
Dougherty and fitfully Council Staff as well, Cindy Timberlake, Majority Leader, Mike Kochera, Derek from
my office, a lot of people have worked hard to make this happen. You all authorized the constructions
addition. If you recall that earlier this Council had agreed to name the main lobby area there at the elevators
after Delbert Sullivan who was killed in the Construction of the building. I’m pleased to let you know that I
believe that we’re going to have family, certainly from Delbert Sullivan’s side, there’ll be multiple people
traveling in to be part of that ceremony. I think we may even have one or two people from Violet’s side, I’m
not sure about that yet though. Anyway, it was...it was really neat to hear from the family and very touching
and they’re all very thankful. So, if you do show...if you do come, it is during First Friday and you’d have an
opportunity to meet those folks as well. And I think we start at 6:00?
PRESIDENT SCHULMAN: Yeah.
SERVICE DIRECTOR PRICE: 6 P.M. here at City Hall. Thank you.
PRESIDENT SCHULMAN: Great, thank you Director. Any other Miscellaneous Business? Leader.
MEMBER DOUGHERTY: I move we adjourn.
MEMBER BARTON: Seconded.
COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -59-
MINUTES OF THE MEETING JANUARY 30, 2012
PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk again, wonderful
job to you and the staff.
CLERK TIMBERLAKE: Thank you sir.
NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk, the Meeting is adjourned. Drive home carefully
everyone. Gavel falls)
ADJOURNMENT TIME: 8:20 P.M.
ATTEST: FEBRUARY 3, 2012 APPROVED: FEBRUARY 3, 2012
CYNTHIA TIMBERLAKE ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM JANUARY 30, 2012
ROLL CALL: All Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: Jam es Babcock, Council-at-Large
PLEDGE OF ALLEGIANCE: President Allen Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#10 - O#25; O#25 Adopted on 2 nd Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks
PUBLIC SPEAKS (CITY BUSINESS): Toby Franks read a statem ent as a feral friend of AlleyCat Allies. The Hum ane Society
does not keep records of the num ber of anim als delivered to them by the Anim al Control officer but Mr. Sedlacko’s records
indicate that 399 cats or kitten were captured in 2011. AlleyCat Allies believes that m ost of the cats were put to sleep and they
are asking Council to suspend the contract with him . Jill Kirsch is from Cripple Creek Ferals & Friends which was started in
2011. She feels that for $22,000.00 the sam e num ber of anim als could have been captured, neutered and returned which is
less than Mr. Sedlacko’s salary. They run a successful program and the cats no longer cause problem s in the neighborhoods
they service. Their organization is run strictly on donations. Marcia Zawacky inform s Councils that the ASPCA provides a lot of
inform ation on Google and includes a list of m any of the organizations that they work with. She would like Council to do m ore
research on the Trap, Neuter, Release program s. Mrs. Zawacky feels that society is taught to kill to solve a problem . Joy
W agner is the President of Peace for Cats, a non-profit organization that works toward a less costly m ethod of controlling the
feral cat population in a city. She is concerned that when Phil leaves out traps they are not tended to overnight and anim als
can be captured without food and left to the elem ents of weather. Ms. W agner is also asking about the other wildlife that gets
trapped. Are they killed, released, turned into an agency. Does anyone know that answer? She also is asking for Council to
get an education on the alternative choices such as TNR. Marty W eisel is a board m em ber for the Coalition for Anim al
Concerns and she works with an organization in Akron since Canton does not have a facility that participates in the neuter and
spay program s. She would like to see a better use of taxpayers m oney by using the m any willing volunteers to self trap
because m any cats are outdoors but are still pets. Ms. W eisel requests that the Anim al Control officer be m onitored and
required to m eet certain standards. Mackenzie Quartz is an 11 year old, 5 th grader that feels som e of the laws are unfair for
anim als. She has been a volunteer for a few years and says just because they can’t talk doesn’t m ean that they don’t have
feelings so we need to be their voice. Dana Ray is from the People Care Pet Pantry which tries to help owners feed and
care for all anim als. She works with an organization that will spay a cat for $25.00 just by walking in. She also feels that the
city should strongly enforce the TNR program . W ayne Jam erson upset because the city placed a sticker on his vehicle last
week for being parked in the grass. He has seen other cars sitting on grass, concrete, etc. and can’t figure out why the city
wants to bother people that are just trying to do the right thing. Jam es Parker asking Council why they gave Resolutions to
the outgoing Mem bers at the end of the term and did not recognize Mayor Healy. He wanted to publicly honor all of Team
Healy for their efforts and for m aking tim e to listen to him . Patricia Kirk has worked for the last six years on the Tree
Ordinance and she wanted to rem ind all that while no preparation has been done so far, the Tree Academ y classes will be
held here in Canton beginning in March. She provided applications for the Mayor and Safety Director.
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
54. APPLICANT, TIMOTHY GILLEMS: REQ ZONE CHG FROM B-2 (NEIGHBORHOOD BUSINESS)
TO PB-3 (PLANNED GENERAL BUSINESS) @ 509 15 TH ST
NW TO ALLOW LED SIGN. - PLANNING COMMISSION
55. CNCL-AT-LRG BABCOCK, J.,& CIRELLI, M.;
CNCL MBRS FISHER, K., HAW K, G.,
MACK, E. AND MORRIS, F.: REQ LAW DEPT TO RESEARCH AND DRAFT LEGISLATION
FOR AN ORDINANCE REGARDING FORECLOSED HOMES. -
JUDICIARY COMMITTEE
56. FINANCE DIRECTOR DIRUZZA: REQ AMEND O#220/2011 W ITH 8 SUPP APPROP (FOR THE
CITY’S CONTINUED OPERATION). - FINANCE COMMITTEE
57. FISHER, KEVIN W ARD 5 CNCL MBR: REQ LAW DEPT TO DRAFT LEGISLATION AMENDING ALL
CODIFIED ORDINANCES W HICH INCLUDE SECTION ON
NONDISCRIMINATION TO INCLUDE SEXUAL ORIENTATION
& GENDER IDENTITY. - JUDICIARY COMMITTEE
58. MAYOR W ILLIAM HEALY: REQ AUTHORIZATION TO APPT TERRY S PRATER TO
CITY’S BOARD OF ZONING APPEALS FOR TERM OF 1/14/12
- 12/31/14. - PERSONNEL COMMITTEE
59. MAYOR W ILLIAM HEALY: REQ AUTHORIZATION TO RE-APPT JACK BOLENDER, JR
AND DAW N DEVINE TO INVESTMENT BOARD BOTH ON
RETRO TERM OF 1/1/12 - 12/31/13. - PERSONNEL
COMMITTEE
60. MAYOR W ILLIAM HEALY: REQ AUTHORIZATION TO RE-APPT IVAN REDINGER, JR.
AND TIMOTHY W EDEKAMM TO FAIR HOUSING
COMMISSION FOR TERM OF 2/1/12 - 1/31/17. - PERSONNEL
COMMITTEE
61. MAYOR W ILLIAM HEALY: REQ AUTHORIZATION TO APPT RYAN BRAHLER TO
VACANT SEAT ON CANTON CONSTRUCTION BOARD FOR
TERM OF 2/1/12 - 1/31/15. - PERSONNEL COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - JANUARY 30, 2012
COM M UNICATIONS CONTINUED:
62. MAYOR W ILLIAM HEALY: REVISION TO ADVISEMENT OF APPT OF MARILYN
FRAZIER TO STARK METRO HOUSING AUTHORITY BOARD
OF COMMISSION FOR 5 YR TERM OF 2/1/12 - 1/31/17. -
RECEIVED & FILED
63. SERVICE DIRECTOR PRICE: REQ CITY COUNCIL CERTIFY TO COUNTY AUDITOR
PROPERTIES THAT W ERE MAINTAINED BY STREET DEPT
FOR REAL ESTATE TAX LIEN. - FINANCE COMMITTEE
64. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE,
REC BIDS, AW ARD AND EXECUTE CONSTRUCTION
CONTRACT FOR W EST SIDE INTERCEPTOR SANITARY
SEW ER REHABILITATION PROJ, GP 1138; AUTHORIZE
MAYOR AND/OR SERV DIR TO RECV OHIO PUBLIC W ORKS
COMMISSION GRANT FOR $1,160,000.00; AUTHORIZE
MAYOR AND/OR SERV DIR TO AMEND EXISTING AND/OR
ENTER INTO NEW AGMTS W /STARK COUNTY AND NORTH
CANTON FOR CONSTRUCTION AND REIMBURSEMENT OF
COSTS ASSOCIATED W ITH W ORK; MAKE $2,000,000.00
SUPP APPROP FROM 5410 SAN SEW ER UNAPPROP BAL
TO 5410 206046 SAN SEW ER - W EST SIDE INTERCEPTOR
SAN SEW ER REHAB PROJ GP 1138; MAKE $1,160,000.00
SUPP APPROP FROM 5443 UNAPPROP BAL W EST SIDE
INTERCEPTOR SAN SEW ER REHAB PROJ, GP 1138 TO
5443 206046 W EST SIDE INTERCEPTOR SAN SEW ER
REHAB PROJ GP 1138; AND AUTHORIZE AUDITOR TO
DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. -
FINANCE COMMITTEE
65. SERVICE DIRECTOR PRICE: AMEND O#220/2011 BY MAKING SUPP APPROPS IN
EXHIBIT A AND AUTHORIZE THE AUDITOR TO MAKE
PAYMENT ON BEHALF OF FUNDS LISTED TO 6023
COMPENSATED ABSENCES FUND. - FINANCE COMMITTEE
66. W EST, THOMAS W ARD 2 CNCL MBR: REQ LEGISLATION FOR LAW DEPT TO CREATE A
CITIZEN’S REVIEW COMMISSION TO OVERSEE
RESIDENTIAL DEMOLITIONS. - JUDICIARY COMMITTEE
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AMEND APPROP O#220/2011 BY MAKING $495,000.00 SUPP APPROP FROM UNAPPROP BAL OF 2237
W ATER PARK FACILITY GRANT FUND TO 2237 506001 COMMUNITY DEVELOPMENT - OTHER;
EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 2. AMEND APPROP O#220/2011 BY MAKING $60,357.94 SUPP APPROP FROM UNAPPROP BAL 2212
NEIGHBORHOOD STABILIZATION PROG FUND TO 2212 506009 STIMULUS - OTHER AND $45,807.04
SUPP APPROP FROM UNAPPROP BAL 2213 NEIGHBORHOOD STABILIZATION PROG 3 TO 2213
506001 COMM DEV - OTHER; EMERGENCY
Referred to Com m unity and Econom ic Developm ent Com m ittee
1 ST RDG 3. AMEND APPROP O#220/2011 BY MAKING $8,884.17 APPROP REDUCTION FROM 2529 401060
SPECIAL PARK FUNDS - OTHER TO UNAPPROP BAL 2529 NEW HORIZON PARK FUND AND $2,000.00
APPROP REDUCTION FROM 2785 102000 POLICE - OTHER TO UNAPPROP BAL 2785 2010 LOCAL SOL
BYRNE GRANT FUND; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 4. ESTABLISHING AN ILLEGAL GUN INTERDICTION AND REDUCTION PROG; APPROP $35,000.00 TO
POLICE DEPT; EMERGENCY
Referred to Judiciary and Finance Com m ittees
1 ST RDG 5. AMEND APPROP O#220/2011 BY MAKING 23 APPROPS FOR HEALTH DEPT.; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 6. AUTHORIZE COUNCIL TO ACCEPT A DONATION IN AMT OF $2,844.25 FROM W EST PARK
NEIGHBORHOOD ASSOC FOR PURCHASE OF 2 SECURITY CAMERAS & ASSOCIATED EXPENSES
RELATED TO INSTALLATION OF EQUIPMENT; AMEND APPROP O#220/2011 BY MAKING $2,844.25
SUPP APPROP FROM UNAPPROP BAL 2776 POLICE DONATION FUND TO 2776 10-20-00 POLICE -
OTHER; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 7. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMTS NOT TO EXCEED $8,320.00 TO MARSHALL LAND
COMPANY; $5,282.00 TO COTTRILL W RECKING COMPANY AND $1,900.00 TO C.R.S. GENERAL
CONTRACTING; EMERGENCY
Referred to Finance Com m itte
CANTON CITY COUNCIL AGENDA - PAGE 3 - JANUARY 30, 2012
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
1 ST RDG 8. AUTHORIZE SERV DIR TO ENTER INTO PROF SVC CONTRACT FOR STOP-LOSS INSURANCE FOR
CITY EMPLOYEES AND THEIR DEPENDENTS; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 9. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /MUNICIPAL POOL, MANAGED BY OCHS, INC.
FOR GROUP TERM LIFE & ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE COVERAGE
FOR ELIGIBLE CITY EMPLOYEES; EMERGENCY
Referred to Finance Com m ittee
ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#10 - O#25; O#25 ADOPTED ON 2 ND RDG)
2 ND RDG 10. AMEND APPROP O#220/2011 BY MAKING $273,300.00 SUPP APPROP FROM UNAPPROP BAL 4510
2006 CONSTR/RECONSTR BOND FUND TO 4510 201001 SVC DIR ADMIN - OTHER; EMERGENCY
(PPCI)
2 ND RDG 11. RATIFYING THE INTERFUND TRANSFER FOR GRANT ADVANCE & TO REPAY GRANT ADVANCE;
AMEND APPROP O#220/2011; EMERGENCY ($5,016.05) (FIN)
2 ND RDG 12. AUTHORIZE PARTICIPATION BY CITY IN THE US COMMUNITIES GOVERNMENT PURCHASING
ALLIANCE; EMERGENCY (PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT & CERTAIN RELATED
MATERIALS W ITHOUT COMPETITIVE BIDDING) (FIN)
2 ND RDG 13. AUTHORIZE PARTICIPATION BY CITY IN STATE CONTRACTS PURSUANT TO ORC SEC 5513.01;
EMERGENCY (PURCHASE OF MACHINERY, MATERIALS, SUPPLIES OR OTHER ARTICLES) (FIN)
2 ND RDG 14. AUTHORIZE PARTICIPATION BY CITY IN STATE OF OH COOP PURCHASING PROGRAM; EMERGENCY
(PURCHASE OF SUPPLIES, SERVICES, EQUIPMENT & CERTAIN RELATED MATERIALS W ITHOUT
COMPETITIVE BIDDING) (FIN)
2 ND RDG 15. AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS CONTRACT W /ANGELA CAVANAUGH TO SERVE
AS CITY’S CHIEF BUILDING OFFICIAL IN AMT NOT TO EXCEED $108,993.00; EMERGENCY (PER & FIN)
2 ND RDG 16. AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS CONTRACT W /PHILIP SEDLACKO FOR ANIMAL
CONTROL SVCS FOR CITY; EMERGENCY (NOT TO EXCEED $27,129.00) (PER & FIN)
2 ND RDG 17. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMTS W /STARK COUNTY COMMISSIONERS FOR
PURPOSE OF UTILIZING CITY OW NED PARKING SPACE; EMERGENCY (FIN)
2 ND RDG 18. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMT W /CANTON REGIONAL CHAMBER OF
COMMERCE FOR PURPOSE OF UTILIZING CITY OW NED PARKING SPACE; EMERGENCY (FIN)
2 ND RDG 19. AUTHORIZE SERV DIR TO ENTER INTO LEASE AGMT W /CANTON JOINT RECREATION DISTRICT FOR
CITY OW NED PROPERTY @ 1414 MARKET AVE N; EMERGENCY (FIN)
2 ND RDG 20. AUTHORIZE SERV DIR TO PURCHASE EASEMENTS IN CONJUNCTION W THE HARTVILLE/LAKE TW P
W ATER MAIN EXTENSION PROJ; AMEND APPROP O#220/2011 BY MAKING $74,525.00 FROM
UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207026 HARTVILLE/LAKE TW SHP 2011 W ATER MAIN
- OTHER; EMERGENCY (E&PU)
2 ND RDG 21. AUTHORIZE MAYOR &/OR SERV DIR TO ACCEPT DONATION OF LAND FROM THE JAMES F. RICH
REVOCABLE TRUST. JAMES F. RICH, TRUSTEE; ENTER INTO AGMT W /THE JAMES F. RICH
REVOCABLE TRUST & THE MONTABELLA ESTATES HOMEOW NERS ASSOC, INC; EMERGENCY
(OUTLOT 1023 - PARCEL 0305908) (C&ED)
2 ND RDG 22. AUTHORIZE AUDITOR TO ENTER INTO PROF SVCS CONTRACTS FOR ALL CONTRACTUAL
COMMITMENTS, INCLUDING BOND LEGAL COUNSEL & RELATED BANK SVCS NECESSARY FOR CITY
TO ISSUE BOND ANTICIPATION NOTE; EMERGENCY (FIN)
2 ND RDG 23. AUTHORIZE MAYOR, SERV DIR &/OR SAF DIR TO COMPLETE THE CONTRACTING PROCESS FOR
VARIOUS CONTRACTS PREVIOUSLY AUTHORIZED BUT NOT COMPLETED BY 1/1/12; EMERGENCY
(JUD)
2 ND RDG 24. AUTHORIZE SERV DIR & SAF DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR SUPPLY
ITEMS, MATERIALS & PROFESSIONAL SVCS FOR CITY’S OPERATIONS DURING THE 2012 CALENDAR
YR; AUTHORIZE ALTERNATIVELY THE PURCHASE OF SAID ITEMS PURSUANT TO THE STATE COOP
PURCHASING AGMT &/OR ODOT PURCHASING AGMT; EMERGENCY (FIN)
1/2012 25. AUTHORIZE SERV DIR TO ENTER INTO AN AMENDMENT AGMT W /VECTREN RETAIL, LLC FOR THE
PROVISIONS OF DISCOUNTED NATURAL GAS TO ELIGIBLE RESIDENTS & SMALL BUSINESSES IN
CITY; EMERGENCY (E&PU)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: None
CANTON CITY COUNCIL AGENDA - PAGE 4 - JANUARY 30, 2012
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, FEBRUARY 6, 2012 in Council Caucus Room at 6:00 P.M .
1) Finance Com m ittee
2) Judiciary Com m ittee
3) Com m unity & Econom ic Developm ent Com m ittee
4) Personnel Com m ittee
M ISCELLANEOUS BUSINESS: Service Director Price asks for a m om ent of silence for the passing of Kenny Frascone, a
city em ployee who worked at the Civic Center and transferred to W ater Reclam ation for a period of tim e and then cam e
to the Building Maintenance Dept. He was suddenly taken by cancer and this is like the loss of a fam ily m em ber. Mem ber
Barton calling a Personnel Com m ittee m eeting for February 6 th. Service Director Price inviting all to the re-dedication of City
Hall on Friday, February 3, 2012. He wanted to thank Mem ber Dougherty, Clerk Tim berlake, Court Adm inistrator Kochera and
Assistant Service and Safety Director Derek Gordon for all of their efforts in this event. This will take place at 6:00 P.M. and you
will all have the opportunity to m eet som e of the fam ily m em bers of Delbert Sullivan.
ADJOURNM ENT: 8:20 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 6, 2012 @ 7:30 PM
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