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City Council

Regular Meeting

Canton, OH · April 30, 2012

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -325- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. With a quorum being present, the Chair does 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, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, KEVIN FISHER, EDMOND MACK & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight we’ll have our Invocation given by Council Member At Large Member Mary Cirelli. Would you all please stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on April 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 Member, Mary Cirelli. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much Member Cirelli. We’re now under Agenda Corrections and Changes. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 2 through 7. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you Suspend Rule 22A to add 2nd Reading Ordinances 2 through 7 to 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: Thank you Madame Clerk, the motion is carried and Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings. We have no Public Hearings scheduled this evening. OLD BUSINESS COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -326- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: We’re now under Old Business. Do you....Chief of Staff Warren Price is on business tonight, I know that so he’s not here so we have no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have four speakers signed up this evening. Our first is Mr. Charles Killens. Mr. Killens good evening, if you’ll step forward and give us your name and your residential address and welcome again to City Council. CHARLES KILLENS: My name is Charles Killens, I live at 1226 Market Avenue, North, Canton, Ohio. My first question is to the Mayor. You know I stopped in last week to see you, I left my name and number, I didn’t get a call back. Same with the Safety Director, I stopped in to see him and left my number for call back, I received no call back. And I stopped in to see the Police Chief and talked...I went there twice, I left my number and I haven’t....he didn’t call me back but yet you publish in the paper numbers to call if you have some information relating to some crime. Now, the City has been involved with a lot of crime. Now we go to Councilman West, whoa, they done a nice job over there in the park with the toilet but they forgot to put some chlorine on the...on the ground in that dirty stuff and the trash that they cleaned up and the junk, I think Slesnick’s still buy junk. You have a whole garage fixed in with junk that you probably could have sold and have us a new tennis courts put in there and the money you spent in relations to painting that there boards and cleaning up and there’s another one up on North Market that needs the same thing but you haven’t taken care of it. And um....oh Mr. Law Director, you know they said it’s a crime to falsify documents. I have several documents that come from your office in the fa...in the, what do I say, the Health Department in relations to things that they’ve done. You know it’s a crime to sell something that don’t belong to you and the City has done this in relations to a property that belongs to me. Now, I’ve talked to the Courts in relations to this here. This is a violation of the Constitutional Rights, a lot of things that’s been going on in relations to violation and the Law Department hasn’t taken any action. I’m wondering, when can I hear from you. Mr. West, oh Mr. West I forgot, over on the other side of the river there’s about three houses that’s full of junk...that’s...that’s behind your building but over across the creek, well in...in that Ward, there’s three houses full of junk and they also got a fixed in plot of ground over there with junk in it. And if you go down farther over down where the old...the trash (inaudible)...you’ll find, I don’t know if it’s oil coming out the ground or somebody is dumping it out...out there. You know, at the cost of oil now, I think ya’ll ought to check and find out is it coming out the ground or if they’re dumping oil over there. Can I hear from you gentlemen? PRESIDENT SCHULMAN: Thank you Mr. Killens, you....Mr. Killens? Right here. You know you’ve been here... CHARLES KILLENS: Pardon? PRESIDENT SCHULMAN: ...you’ve been here before so, they can’t answer you’re questions now but they’ll be able to talk to you after the meeting or during what we call Miscellaneous Business, alright? CHARLES KILLENS: Okay, thank you. PRESIDENT SCHULMAN: Okay, thank you again for alw...thank you always for coming down, we appreciate it. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -327- MINUTES OF THE MEETING APRIL 30, 2012 CHARLES KILLENS: Thank you. PRESIDENT SCHULMAN: You’re welcome. Okay, our next speaker is Daniel Sciury. Mr. Sciury, you need no introduction but welcome to Canton City Council. If you’ll give us your full name and your residential address please and welcome. DANIEL SCIURY: Thanks very much. My name is Daniel Sciury, I reside at 913 Vince Avenue and my office address is 1329 Market Avenue, North. It’s seldom that the labor community comes to Council to ask for anything but a week ago on the request of my members I sent out an email to everyone talking about the promotion of City caps, t-shirts, etc. that we read about in the paper. And certainly we commend the City on wanting to promote the City but I must tell you that we are somewhat taken back by the fact that we live in Canton, Ohio, I’ve been in this City all my life with the exception of two years in the military and we don’t live in Canton, China. I’m sorry folks but I supplied Council along with that email a website of the Union Label and Service Trades Department of the AFLCIO that can literally give you many, many names of providers of American made products and Union made products and I just find it appalling that this Council could vote for items made in China. I just think it’s really disrespectful. We don’t have an obligation to anyone over there, we all pay our taxes in the community and when you purchase something, we expect that you’re going to look first. We better be in love a little bit more appropriately with our own City and our own community. You know, you can’t come to the taxpayers on one hand and say “Support our City but we’ll spend your money creating jobs in China.” I get a kick out of all the politicians on t.v. raving about the thousands and millions job they create, where the hell are they creating them at, not in this Country. And I’ve heard many of you criticize the same thing but yet we turn around when you have an opportunity to do something to support American made goods and services, you don’t do it. You know the really disheartening part of it, I know almost every single one of...I do know every single one of ya and at some point in time we’ve interviewed and screened you and when we interview and screen you, you don’t talk to me in that manner about going to order things out of area, you’re very supportive, wanna buy union made goods and services, wanna do the right thing for working people. Well folks, we expect you to do it, not because we’re asking, because it’s the right thing to do. It’s the human decent thing to do, we shouldn’t have to sell you on that. So again, I’m very disappointed and if there’s anyway to rescind that thing, I would hope to God you’d do it and buy something made in America and union made preferably. But if you can’t buy union made, at least buy it made in America. We live here, we work here, we pay our taxes here and thank you very much for your time. God bless ya. PRESIDENT SCHULMAN: Thank you very much Mr. Sciury. Our next speaker is Richard Drake. Mr. Drake good evening, if you’ll step forward and give us your name and your residential address please. RICHARD DRAKE: Richard Drake, 3020 Sycamore Avenue, Canton, Ohio. Last week I was here, I showed you pictures of AEP hacking and wacking. This week I got pictures of a tree before pruning and a picture after pruning and I want to hand to Council and they’re in series. There two different areas of line clearance and this is the proper way it should be done and it was okayed by AEP. Now I don’t recommend all tree trimmers out there working in the wires without adequate training because you will get killed but they allowed me to do this so I want get past these through. PRESIDENT SCHULMAN: Okay, thank you. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -328- MINUTES OF THE MEETING APRIL 30, 2012 RICHARD DRAKE: They’re all marked. Then as you know, there’s over 50,000 species of trees in the world. Not one person is going to know them all accept the creator but each area has their own majority of species, that’s what we all localize in as Arborists. And trees, when they get sick, they can’t so when you’re called out, you gotta go by signs when you look at them. And I’ve worked out of the box on some trees, I have here 24, 25 year old redbud tree and they only live 30 years on average but a senior citizen, 85 years old would like to have his tree and it is split. So, I glued this tree back together and drilled it and put (inaudible) and this was two years ago. That’s the tree where I worked on it and then the tree after the next year, thriving. And then going by signs, I have one here which has spores or cults they’re called. A lot of big oak trees, a lot of big trees have these like spores all around the bottom. If ya ever see these on a tree beware because that’s a sign of internal rot and that the base, depending on the size of the tree, you got that mass weight, they just break and fall over. This is what we have a lot around town, which you guys are aware of that, the problems we’ve had. So, basically I just wanted to bring up awareness of the trees and I wanted you to see that going back to AEP and line clearance, it can be done, it can be done adequately instead of them just going through with the untrained personnel hacking the trees. Not all trees can be cut accordingly to make them look good. Some are candidates for removal and you just have to take that in consideration. Now those trees there are 80, 90 feet tall and the reason I got to cut them, cause those are the ones I appraised at thousands of dollars and put it on them if they destroyed them cause there was a way to prune these and now there it is. So, it can be done. So, and the power company is really, really nice about everything, they’ll work with you but we need to work with them to get them educated to know that we want our trees preserved if and at all possible. So, that’s...that’s why I’m here. Thank you very much. PRESIDENT SCHULMAN: Thank you Mr. Drake as always. We really appreciate your coming here to Council to share this information. It’s very important and valuable. Our last speaker is Pete DiGiacomo. Mr. DiGiacomo good evening, as always. If you’ll step forward and 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 in the City of Canton. I really didn’t plan on speaking tonight but then over in the other room I was listening about the moratorium for the gaming cafes and things like that. I believe it’s Councilman at Large Cole and Councilman Mack, I’m going get the names right. Both of them get atta boys. I definitely believe in this and for Service Director, he spoke on it very nicely and yeah, it’s not a good thing and I’m quite certain anybody sitting here, you do not want one of those in your neighborhood. So, whatever you can do to stop it or prolong it, please do it. The other thing, listening to Mr. Sciury back there, which I’ve listened to him many, many times at the Golden Lodge talk, he got me a little bit motivated. Sorry Mr. Co...or Councilman Cole, I gave you an atta boy, now I’m gonna have to take it away. The...promoting Canton, that’s great, it’s great but buying from China, no not so great. Like he said, if you can’t do the union thing, do the USA thing. I know these were already passed and everything, maybe somehow you can work with the middle co...middle man, so to speak, the company and say “Hey, you know we’re getting a lot of flack. You got one guy comes up here and yack, yack, yack, yack, yack and talks, he’s a pain but you know....try to do what you can for, you know, good old USA.” Thank you very much. PRESIDENT SCHULMAN: Thank you. Thank you Mr. DiGiacomo. That concludes our Public Speaks. INFORMAL RESOLUTIONS COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -329- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: Turning now to Informal Resolutions. Madame Clerk would you please read Resolution 35 by title. #35. COUNCIL AS A WHOLE: COMMENDING AND THANKING PATRICK BARTON FOR HIS COMMITMENT AND SERVICE TO THE CITY OF CANTON AS WARD 7 COUNCIL MEMBER. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 35. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 35. Any remarks? By voice vote, all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #35 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes apparently have it. The motion carries. The Resolution is adopted. Leader. MEMBER DOUGHERTY: Can I have that read please? CLERK TIMBERLAKE: WHEREAS, On April 23, 2012 Assistant Majority Leader and 7th Ward Council Member Patrick Barton announced that he would be resigning from Canton City Council; and WHEREAS, Pat began his political career on January 1, 2008 when he was sworn in as Council Member of the 7th Ward for the City of Canton; and WHEREAS, During his time with Canton City Council Pat served as Assistant Majority Leader, the Chairman of the Personnel Committee and Annexation Committee, a Member of the Finance Committee, the Environmental & Public Utilities Committee, the Annexation Committee, the Parks and Recreation Committee and the Rules Committee; and WHEREAS, Throughout his career as Ward 7 Council Member, Pat worked with six different Neighborhood Associations and made every effort to attend their regular meetings and gatherings, at times even with his family in tow. It was very important for Pat to address the Neighborhood Associations’ and his constituents’ concerns and offer them solutions and advice; and WHEREAS, Pat is pursuing another endeavor with the City, he leaves Council and his constituents with a new Fire Station, a Citywide Recycling program that he assisted in the implementation of and was in the process of working with current Council Members to revamp the City Sidewalk program; and WHEREAS, Throughout Pat’s career as Ward 7 Council Member he was fully supported by his wife Angela, son Tavis and daughter Zander. NOW, THEREFORE, BE IT RESOLVED: that we, Members of City Council of Canton, Ohio go on record commending and thanking PATRICK BARTON for his commitment, dedication and service to the City of Canton as Ward 7 Council Member. (STANDING OVATION) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -330- MINUTES OF THE MEETING APRIL 30, 2012 MEMBER DOUGHERTY: You forgot to take your sign with you last week and the girls in the office are trying to throw it away, so you know, the Smithsonian maybe looking for that. (Laughter) Pat, I want to wish you the best in your new endeavor. Do you miss me yet? PAT BARTON: I do. MEMBER DOUGHERTY: Okay thanks. (Laughter) I really appreciated how you operated. You never had a, you know, a hidden agenda. You were always up front and honest and those great qualities. And you had the better half who took care of everything for you right? It’s tough raising a family being in politics even at the City level. If you do it right, you don’t have much time on your hands. So, Pat was very dedicated and you really grew as a Councilman and that’s something to say. You know, we do a lot and you’ll be able to...people tell me anyways, you’ll be able to appreciate this a lot more as the years go on because you’ll see things that you do and did and they’re still there and they’ll be there forever or for many years and it’s going to give you a sense of pride. And I just want to thank you for your friendship. Thank you. (APPLAUSE) PAT BARTON: Well first I want to thank everybody for the past 4 ½ years. And like I said last week, you know, while I’m sad to leave Council and this part of my life behind, I’m excited about the new opportunity that I’ve been given and I’m ready to hit that head on and I think that’s what we’re working towards. I can stand up here and...and as I look around the horseshoe and look to the Members and the audience, you know, I could stand up here and probably tie you up for the rest of the evening having something to say about each and every one of you and how you’ve played a part in my life in the past 4 ½ years but I won’t...I won’t do that. I think you guys know the relationship I had with each and every one of you and I just want to say thanks again, I appreciate everything from the bottom of my heart. And like I said, not only do I get to take on this new opportunity but I’ve been given what’s most important back to me on Monday night and that’s my family and I look forward to that except for when the Mayor has me working late, which we won’t have a problem with that either. (Laughter) So, thank you. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Member Barton and thank you Leader. Our next Resolution is Resolution 36. #36. COUNCIL AS A WHOLE: COMMENDING PATRICIA KIRK FOR HER DEDICATION. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 36. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 36. Any remarks? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -331- MINUTES OF THE MEETING APRIL 30, 2012 Hearing none by voice vote, all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #36 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution is adopted. Leader. MEMBER DOUGHERTY: Could I have that read please. PRESIDENT SCHULMAN: Madame Clerk. CLERK TIMBERLAKE: WHEREAS: Patricia Kirk, a local Social Worker set out to inform the Canton community of the importance of caring for our trees; and WHEREAS: Week after week Patricia would gave three minute educational sound bites to Canton City Council with topics ranging from the establishment of a tree commission, public safety, topping of trees to the need for a public conference on trees. WHEREAS: Patricia Kirk continued to advocate year after year for the implementation of a tree ordinance and the establishment of a tree commission. Her determination and advocacy would not be denied. WHEREAS: In April of 2012 Canton City Council passed an ordinance that would establish a tree commission to evaluate and care for our trees. NOW, THEREFORE, BE IT RESOLVED THAT: that we, Members of City Council of Canton, Ohio go on record commending PATRICIA KIRK for her dedication to trees, the City of Canton and the community. (APPLAUSE) MEMBER WEST: Patricia, as many of us already made comments to how honored we are to, you know, to have this Ordinance and to have one of our citizens come here week after week for three minutes and really make a difference in legislation. And it doesn’t always have to come from us around this horseshoe and you have made that so true. And we want to give you this token of our appreciation, a plaque for all that you’ve done. And of course this is not the end. Now, all...instead of you coming up here giving us the three minutes, hopefully you’ll sit on that Commission and then you’ll have everybody coming to you giving you three minutes about changing different laws and then come to us. (Laughter) But we want to thank you for your dedication. PATRICIA KIRK: Thank you. (Applause) I just want to thank everyone here and this means a lot to me. This also says to me that, don’t give up hope, it can be a very long time but believe in what you’re doing. Thank you very much. PRESIDENT SCHULMAN: Thank you. Informal Resolution 38 is retained in Committee. Resolution 39 please. CLERK TIMBERLAKE: I will go back to Resolution #37. PRESIDENT SCHULMAN: I’m sorry, excuse me. Sorry Council Member Cirelli, I missed it. I’m saying I apologize. Resolution 37 please. #37. CNCL AT LRG MBR COLE & WARD 8 CNCL MBR MACK: AUTHORIZE SAF DIR TO IMPOSE TEMPORARY MORATORIUM FOR A PERIOD OF 180 DAYS ON PROCESSING & ISSUANCE OF PERMITS AND LICENSING FOR AN AMUSEMENT ARCADE WHERE MORE THAN 5 SKILL COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -332- MINUTES OF THE MEETING APRIL 30, 2012 BASED AMUSEMENT AND/OR COMPUTERIZED SWEEPSTAKES DEVICES ARE PRESENT. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 37. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 37. Any remarks? Hearing none by voice vote, all those in favor signify...I’m sorry Member Cirelli, did you have something? All those in favor, signify by saying aye, those opposed no. NO REMARKS RESOLUTION #37 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution is adopted. Ordinance #38 is held in Committee. Ordinance #39 please. #38. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF JOHN STRAUSS TO ARCHITECTURAL REVIEW BOARD TO FILL VACANT SEAT OF JACK HAWK EXPIRING 12/31/14. - RETAINED IN COMMITTEE #39. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF KEVIN KENNARD TO STARK COUNTY REGIONAL PLANNING COMMISSION FOR RETRO TERM OF 4/1/12 - 3/31/15. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 39. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 39. Any remarks? Hearing none, again by voice vote, all those in favor signify by saying aye, those opposed no. NO REMARKS RESOLUTION #39 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. And Resolution 39 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all the Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -333- MINUTES OF THE MEETING APRIL 30, 2012 IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED APRIL 30, 2012. 184. FINANCE DIRECTOR DIRUZZA: REQ AMEND APPROP O#220/2011 OF $38,500.00 INTERFUND ADVANCES TO COMM DEVELOPMENT GRANTS AND AUTHORIZE REPYMT OF ADVANCES UPON CLOSURE OF FUNDS. - FINANCE COMMITTEE 185. FINANCE DIRECTOR DIRUZZA: REQ AMEND APPROP O#220/2011 WITH SUPP APPROPS SHOWN IN EXHIBIT A TO MEET RESPECTIVE DEPARTMENTS 2012 BUDGET REQUIREMENTS. - FINANCE COMMITTEE 186. LAW DIRECTOR MARTUCCIO: REQ AUTHORITY TO PREP ORDINANCE APPROVING THE EDITING & INCLUSION OF CERTAIN ORDINANCES ADOPTED FROM 2/28/11 TO 3/2/12 TO BE INCORPORATED INTO THE CITY’S CODIFIED ORDINANCES; REQ AUTHORITY TO SUBMIT RESOLUTION AUTHORIZING TO DISTRIBUTE, FREE OF CHARGE, TO PUBLIC OFFICIALS & PUBLIC INSTITUTIONS, COPIES OF 2012 SUPPLEMENT TO CITY CODE & AFFIX PRICE OF $17.40 FOR SALE OF 2012 SUPPLEMENT TO THOSE HOLDERS OF CITY CODE. - JUDICIARY COMMITTEE 187. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 C2 LIQ PERMIT FOR WINE BARRELL LLC DBA WINE BARRELL @ 1816 CLEVELAND AVE NW. - RECEIVED & FILED 188. SAFETY DIRECTOR REAM: AUTHORIZE AUDITOR TO MAKE PYMT TO B&C COMMUNICATION IN AMT OF $46,223.04 AND THEREAFTER FOR RECURRING COSTS; AUTHORIZE PYMT TO STARK COUNTY IN AMT OF $156,287.78 FOR CANTON’S SHARE OF RECURRING MAINT COST FOR MERGED SYSTEM OF 800 MHZ RADIO COMMUNICATION SYSTEM; FUTURE PMTS FOR FEES & MAINT WILL BE PAID ON ANNUAL BASIS. - FINANCE COMMITTEE 189. SAFETY DIRECTOR REAM: DECLARE 10 BLDGS UNSAFE AND HAZARDOUS FOR WHICH DEMOLITION IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 190. TREASURER SCHIRACK: AUTHORIZE AUDITOR TO ESTABLISH AGENCY FUND 7508 “JACKSON - CANTON J.E.D.D. CLEARING FUND” AND BUDGET A SUPP APPROP IN AMT OF $10,000.00 INTO THE FUND. - FINANCE COMMITTEE 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 Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1 FOR ITS FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -334- MINUTES OF THE MEETING APRIL 30, 2012 (COUNCIL RECESSED AT 7:55 P.M. FOR THE COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #1; RECONVENED AT 7:57 P.M.) #1. (1ST RDG) ADOPTED AS ORDINANCE NO. 69/2012 AN ORDINANCE DECLARING 10 BUILDINGS TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee PRESIDENT SCHULMAN: At this time then the Chair would declare an in house recess for the Community & Economic Development Committee to meet in regard to Ordinance #1 on your agenda this evening. You’re now in recess. PRESIDENT SCHULMAN: Council will reconvene after the recess. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 1 back on the agenda. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinance 1 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: Thank you Madame Clerk. The motion carries. Ordinance #1 is a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 1. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 1. 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. Leader, you’ve heard the three readings. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -335- MINUTES OF THE MEETING APRIL 30, 2012 MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 1. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #1. 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. #1 ADOPTED AS ORDINANCE NO. 69/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #1 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We turn now to Ordinances for their Second Readings. Madame Clerk will you please begin with Ordinance #2. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #2 THROUGH #7 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #2. (2ND RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECOMMENDATIONS REGARDING ENTERPRISE ZONE TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #3. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH TAYLOR CHEVROLET FOR THE PURCHASE OF 12 2012 CHEVROLET POLICE CRUISERS IN AN AMOUNT NOT TO EXCEED $387,756.00, TO ENTER INTO CONTRACT WITH TAYLOR CHEVROLET FOR THE PURCHASE OF 4 2012 CHEVROLET DETECTIVE VEHICLES IN AN AMOUNT NOT TO EXCEED $119,868.00, TO ENTER INTO CONTRACT WITH GERMAIN FORD FOR THE PURCHASE OF ONE 2012 FORD E350 CARGO VAN IN AN AMOUNT NOT TO EXCEED $20,199.00, AND TO PURCHASE ADDITIONAL EQUIPMENT FOR THESE VEHICLES IN AN AMOUNT NOT TO EXCEED $48,000.00 FOR THE POLICE DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY #4. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO: FILE A SUBSTANTIAL AMENDMENT TO THE 2011 AND 2012 CONSOLIDATED ACTION PLANS FOR THE CITY OF CANTON’S HOMELESS EMERGENCY SOLUTIONS GRANT (HESG) PROGRAM FKA EMERGENCY SHELTER GRANT PROGRAM; TO REVISE AND/OR AMEND THE 2011 AND 2012 CONSOLIDATED ACTION PLANS AND HESG BUDGETS FOR FISCAL YEAR 2011 PHASE II AND FISCAL YEAR 2012; TO ENTER COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -336- MINUTES OF THE MEETING APRIL 30, 2012 INTO CONTRACT WITH SUCCESSFUL NON-PROFIT AGENCIES WHO RESPOND TO THE REQUEST FOR PROPOSAL AND MEET THE STRICT HESG REQUIREMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #5. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO; ESTABLISH A HOUSING REHABILITATION PROGRAM UTILIZING HOME PROGRAM FUNDS IN AN AMOUNT NOT TO EXCEED $240,000.00, ADOPT THE HOME PROGRAM POLICY MANUAL AND RESIDENTIAL REHABILITATION STANDARDS WHICH HAVE BEEN APPROVED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR CANTON’S HOME PROGRAMS, TO REVISE AND/OR AMEND CANTONS’ HOME PROGRAM TO CONFORM TO ANY CHANGES ADOPTED BY HUD IN THE FUTURE; TO ENTER INTO CONTRACTS WITH LOW AND MODERATE INCOME APPLICANTS WHO APPLY FOR REHAB ASSISTANCE AND MEET THE STRICT REQUIREMENTS OF THE HOME PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #6. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE CONSOLIDATION OF LOTS 3052 THRU 3059, 39670, 40166 THRU 40176, 40207 THRU 40211, 6519 THRU 6521 AND PARTS OF OUT LOTS 82 AND 83; AND DECLARING THE SAME TO BE AN EMERGENCY (NW CORNER OF 5TH ST SW & CECIL CT) #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO PERMIT AMERICAN DEMOLITION, INC. TO REMOVE RAIL, TIES AND BALLAST AGGREGATE FROM A RAILROAD SPUR AT THE TREATMENT FACILITY OF THE WATER RECLAMATION FACILITY AT NO CHARGE TO THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Thank you Madame Clerk, I’m always impressed at how you get through that, that’s not easy. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Ordinances and Formal Resolutions now for their Third and Final Reading and vote. Would you please begin with Ordinance #8. #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 70/2012 AN ORDINANCE AUTHORIZING THE EXTENSION OF THE CITY OF CANTON ECONOMIC GROWTH INITIATIVE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 8. MEMBER BABCOCK: Seconded. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -337- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 8. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #8 ADOPTED AS ORDINANCE NO. 70/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 8 is adopted. Ordinance #9. #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 71/2012 AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 29/2012; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 9. MEMBER BABCOCK: Seconded. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #9. Any remarks under that Ordinance? Hearing none, Madame Clerk, roll call vote please. CLERK TIMBERLAKE: Eleven yeas Mr. President. #9 ADOPTED AS ORDINANCE NO. 71/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #9 is adopted. Ordinance #10 please. #10. (3RD RDG) ADOPTED AS ORDINANCE NO. 72/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A TWO YEAR CONTRACT WITH CAPITAL RECOVERY SYSTEMS INTO A TWO YEAR CONTRACT WITH CAPITAL RECOVERY SYSTEMS FOR THE PURPOSES OF COLLECTING OUTSTANDING CITY DEBTS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 10. MEMBER BABCOCK: Seconded. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -338- MINUTES OF THE MEETING APRIL 30, 2012 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under that Ordinance? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: Thank you sir. I’m going to reluctantly support this because I don’t believe sending our dollars ba...down to Columbus, Ohio to the home office there does us any good especially when they were City owned dollars and owed to us. I think we should at least try to keep this within our own community and therefore keep the dollars in our City and hire people locally. I will give them two years to try, I hope they’re successful, I hope they bring us some money but it still doesn’t jobs to Canton, Ohio. PRESIDENT SCHULMAN: Thank you Member Hawk. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: I’m going to support this also. And I know after speaking with them at Committee Meetings that they were open to opening up a local office and I urge Administration to follow up on their statement in regards to that. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Any other remarks? Hearing none, Madame Clerk, roll call vote please. CLERK TIMBERLAKE: Eleven yeas Mr. President. #10 ADOPTED AS ORDINANCE NO. 72/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #10 is adopted. Ordinance #11 please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 73/2012 TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,600,000.00 FOR THE PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY (PIROLOZZI) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -339- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 11. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #11 ADOPTED AS ORDINANCE NO. 73/2012 PRESIDENT SCHULMAN: Ordinance 11 is adopted. That concludes Formal Resolutions for the third and final reading and vote. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee meetings. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE: Finance will meet (inaudible). PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Yes, we’re going to have the Stark County Treasurer, Alex Zumbar update us on the status of land banking. He’ll need about 15 minutes. So, we’re still good at 6:15. PRESIDENT SCHULMAN: Great, thank you Leader. MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Yes, Member Griffin. MEMBER GRIFFIN: Personnel will meet at 6:15 on May the 7th. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -340- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Community & Economic Development will meet also the same day, same time. PRESIDENT SCHULMAN: Pardon? CLERK TIMBERLAKE: That passed on 1st Reading Chris. PRESIDENT SCHULMAN: We’ll see you anyway. (Laughter) Any...any other announcements. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Okay, turning now to Miscellaneous Business. Is there any? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: Thank you. I just wanted to follow up, a few weeks back I spoke about the Babe Stearn Center in Miscellaneous Business and just this past Thursday the Joint Recreation District held a special meeting, which I know the Mayor sent out letters inviting people to regarding the results of the study that they put out with recreation in the City of Canton along with parks. And I know there were several Members there, Morris, Member Cirelli and Babcock along with the Mayor and Derek Gordon. I was really surprised with some of what I heard because I was sitting right next to the Director and Program Director of the Babe Stearn Center at this. What was interesting is in a study of the Canton Recreation District, there were mentions several times of Jackson YMCA, the North Canton YMCA, a number of organizations, there was barely a mention of the Southeast Community Center and there was no mention of the Babe Stearn Center, which has been providing recreation, youth leagues and so forth for 63 years in the City of Canton and yet, you know, the...and the gentleman who did the study, you know, obviously he had his parameters to work with, at one point, I...I, you know, I...I know when he was asked why they weren’t involved, he said “Well I drove by the Babe Stearn Center, I just didn’t go in.” Which to me was just, you know, it....it’s a symptom of how, you know, great institutions like the Stearn Center that are non-profit do a wonderful job for the community are often left out of that conversation when we’re trying to find ways to work together and stretch every last nickle and then we’re leaving organizations like that obviously the Southeast Community Center with my...my friend and neighbor over here, Chris Smith, over in her Ward and....and we’ve got to find a better way to do this because one of the things we hear most often down here along with crime and jobs and neighborhoods is we hear so much of we’ve got to find something for the kids and the youth to do in the City and then we can go and drop the ball on something like that is just inexcusable. PRESIDENT SCHULMAN: Thank you Member Fisher. Any other Miscellaneous Business? MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -341- MINUTES OF THE MEETING APRIL 30, 2012 PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes, I want to first let everybody know that May 16th, or no excuse me let me back up. This Friday, we will actually unveil the Noah’s Ark in Nimisilla Park, it’s the children’s amusement rides that will be there all summer long. Similar to what New Philly, Dover has. So that will be kicking off this Friday, that will be the ribbon cutting, if you will. Then secondly, I will be sending out a letter to all Council Members in reference to...in reference a meeting I’m having here on May 16th in regards to bringing all the agencies, some Elected Officials to address some of the social ills that plague our community and that will be coming forth this week. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Mayor Healy. MAYOR HEALY: Thank you Mr. President. I’d like to...to respond somewhat in..in...in reference to Dan Sciury’s comments about the Merchandising program and the desire to...to use union and particularly USA. I do want to let you know that when that...when that Ordinance came through with the others last week, I did sign it and at that point in time I...I failed to ask the question where the products were made. I know that somebody from my Administration, my Saf...Assistant Safety/Service Director, Derek Gordon was involved in the program and the bidding process, I know they put it out to bid. You know, there was a group that made the determination. But I...I failed and...to ask the simple question of where it was made and if it was union. And I apologize for that because that’s something that we have done regularly for the last 4 ½ years since I’ve been involved. We have stressed heavily to buy local, we’ve had local preference Ordinances that we’ve passed and approved. We’ve passed the Project Labor Agreement to promote using local labor and we’ve tried to make sure that we give preference to local businesses certainly as well as local labor. So, in this particular case, I know this...this particular issue was driven by Council and in many cases there are issues that we drive from the Administration and there’s a certain amount of respect and support that we give each other when we’re working on projects and I was giving my....my support to Council by...by approving this and I did not ask the question nor did I know that it was not union. So, it is done, I did sign it. That doesn’t mean that we can’t go back and re-look at it. But I do want to apologize to you Dan Sciury and to all of labor because I...I missed this one. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. Member Cole. MEMBER COLE: Thank you Mr. President. I’d like to make a few comments about the Canton City Merchandising;. While I think that, I think I can speak for everyone. We always want to support local labor, we always want to support made in America products. One thing that I’d like all of you to know is I did speak with Mr. Sciury, who I consider a good friend of mine also called Mr. DiGiacomo and returned his call. I think I would like just to announce that everyone is aware of (Inaudible). This is a full service provider. Now, the issue is who is (inaudible) buying bulk shirts, (inaudible) That was (inaudible) in terms of (inaudible)........this is a full service provider they handle the distribution, they handle the...the design, the help with the marketing. (Inaudible) But we did look into that, (inaudible)...Once again, (inaudible)...our focus in this is to (inaudible)...just so that (inaudible)...utilizing (inaudible)...a full service provider. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Yes, I’d just like to invite each and every one of you to the Stark County Black Caucus Recognition dinner which is going to be held Sunday at Skyland Pines. The President Amanda Stewart is here and COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -342- MINUTES OF THE MEETING APRIL 30, 2012 she also has flyers that has all the information on it. So, we’d like to see everyone out. It’s gonna be at Skyland Pines on Sunday at 4:00. PRESIDENT SCHULMAN: Thank you Member Smith. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Members of Council and folks in the audience, I want to touch on a few things that were brought up and also announce something that’s coming up of interest. Congratulations again Member...former Member Barton. We appreciated your steady hand at the helm and we’ll look forward to working with you and we thank your family for loaning you to us during those many evenings. Congratulations Ms. Kirk for being a profile in patience. Your assistance will be necessary though as we move forward as you know better than anyone else. Mr. Killens, when you did come to see us or the Health Department, we did discuss any paperwork you brought. The last time you spoke, you had some papers from the 1980's or 90's from the Court system and we did discuss that. So, there really is no answer to prepare to send back. I had the privilege of attending the Ohio Municipal Attorney’s Association Seminar that Cleveland held this past Friday. It’s a gathering of City lawyers and City Prosecutors from all over Ohio and even though we come from diverse areas, we have similar concerns and similar problems. Among those, were zoning issues that I know Mr. Mack and I have discussed and recreational user immunity for things like art objects that Mr. Parker brought up, things that might provide immunity to us because of the nature to them. But one concern of everyone on Friday was games of skill versus internet cafes and games of chance. Just so you know, games of chance are illegal in Ohio in all instances unless they’re sanctioned by the State, either through their casinos or bingo or some such thing. Games of chance are illegal unless they’re sanctioned. Games of skill claim to be a notch higher on the scale where skill is involved and with software chips and technology, some of those folks claim that these are games of skill. As was mentioned by Director Ream, they are extremely difficult to fight because they are expensive to fight if you’re challenging a game of skill and calling it a game of chance. The easier and more efficient method and commend him for it last year was to conduct the undercover investigation of all said facilities that were licensed in Ohio. All of whom were making pay outs that were illegal. The State of Ohio does have some regulations of the amount of money that can be paid out. All of them were way in access that one might win at a Chuck E. Cheese for example otherwise they wouldn’t be filled with people in their parking lots. Those were illegal and they were not licensed again. The internet cafes pose a different problem. They claim to sell internet time for whatever you want to use it for like email and they claim that they are sweepstakes like McDondalds, well it’s not quite that easy and it’s not quite that way. So, I commend our Members Mack and Cole for asking for a moratorium. It’s something that a number of Cities around the State are doing while they figure out what to do. Some, it seems from this conference are deciding to prosecute when they see violations that they can. Some are deciding to if you can’t beat ‘em, lick ‘em...if you can’t lick ‘em, join ‘em. And they’re talking about licensing them and gaining incredible revenues and looking the other way, I guess. I’m not sure how to typify the approach in some Cities. Others are waiting to see what the State does because the State as you know, as we’ve talked about occasionally on home rule items, if the State finds something to be of uniform importance, something of Statewide importance that’s capable of uniform and comprehensive regulation, they can step in and say “We preempt you and we’re going to regulate this area” and that’s what they’re considering doing. The last session of the criminal prosecutor’s side of the seminar on Friday was an hour long session at which two assistants Attorney General presented their material where they are in working with the General Assembly on these cafes and games of skill. And it is not concrete yet. There was really...there was an outline of how the State intends to regulate this area but it has not been anything that is...that I can report to you in terms of a date certain. So, while the moratorium is in place we will work with you to see what we can do with the State or...or without it and serve your expressed desires as you discussed during your work session in Committee. Lastly, I would not be a good Lawyer or Officer of the Court or an Officer of Bar Association if I did not mention that tomorrow is Law Day. In 1958 President Eisenhower saw those tanks and missles in Moscow in Red Square and said “We can do better, we can show the world that we believe in the principles of law, COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -343- MINUTES OF THE MEETING APRIL 30, 2012 not oppression.” So he declared it to be Law Day. Many Bar Associations around the Country have declared the coming week to be Law Week, including Stark County. Tomorrow the Court of Appeals will host arguments opened to the public at Stark State, there will be “Ask a Lawyer” phone in times, there will be things for youth, there will be luncheons. And one last plug, one last shameless plug, the reason I’m growing this scratchy beard is I’ve gathered my 14 lawyers again, non of whom are on billable hours by the way when they’re doing a play, all volunteers. Last year, last 3 years it was Twelve Angry Men. This year we’re going to be doing a Civil War play. A very intense trial drama about the...about the trial of the Civil War Commander, who ran a terrible prisoner of war camp himself. And that will be during the following week and I’ll give inform...I won’t do the shameless plug here but I’ll supply the information for anyone who is interested. Warren Price is in that play, as our two members of the Canton Law Department. Again, all attorneys and this promises to be an extremely intense gift to the community. Thank you. PRESIDENT SCHULMAN: Thank you Law Director Martuccio. Any other remarks? I just have one...make one statement, I want to thank brother Sciury for coming down and bringing to our attention this issue and thank the Mayor for his remarks. I’m just a little confused still about what full service means, I’ll talk to my good friend Member Cole. I would hope that....and I’ve stayed out of this because my wife’s family is in this business but I would hope that we’re going to...regardless of whether they’re full service or not, they’re going to consider buying union and/or American. I think we certainly should expect that from any company that does business with our City. But having said that, Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER BABCOCK: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you 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. Be careful everyone, see ya next week. (Gavel falls) ADJOURNMENT TIME: 8:23 P.M. ATTEST: MAY 2, 2012 APPROVED: MAY 2, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM APRIL 30, 2012 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Mary Cirelli, Council at Large PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#1; 2 nd Rdg O#2 - O#7; O#1 Adopted on 1 st Rdg; RE#38 Retained in Com m ittee) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Charles Killens stopped in last week to see the Mayor, Safety Director and Police Chief and has not received a call back from any of them even though there is a num ber in the telephone book to call if you need help. Dan Sciury is seldom at Council but felt it necessary that he com e and inform the Mem bers that the labor unions are disappointed because of the purchasing of item s from China for the m erchandising program . The AFL-CIO provided a list of item s that are m ade in the USA by union shops. He criticized Council Mem bers for not standing behind their beliefs and asked that they consider rescinding this Ordinance. Richard Drake brought before and after pictures of a large tree that he pruned up around the AEP wires to show how it should be done. He does not recom m end that anyone without the proper knowledge do any trim m ing around wires but this did show that this can be done correctly and not wacked and killed. Pete DiGiacom o is very pleased to hear about the legislation for the m oratorium against the gam ing facilities because no one wants these in their neighborhoods. He is unhappy to hear about the products for the city’s m erchandising program being bought in China because he feels the city should support the good old U.S.A. INFORM AL RESOLUTIONS: 35. COUNCIL AS A W HOLE: COMMENDING & THANKING PATRICK BARTON FOR HIS COMMITMENT AND SERVICE TO THE CITY OF CANTON AS W ARD 7 COUNCIL MEMBER. - ADOPTED 36. COUNCIL AS A W HOLE: COMMENDING PATRICIA KIRK FOR HER DEDICATION. - ADOPTED 37. CNCL AT LRG MBR COLE & W ARD 8 CNCL MBR MACK: AUTHORIZE SAF DIR TO IMPOSE TEMPORARY MORATORIUM FOR A PERIOD OF 180 DAYS ON PROCESSING & ISSUANCE OF PERMITS AND LICENSING FOR AN AMUSEMENT ARCADE W HERE MORE THAN 5 SKILL BASED AMUSEMENT AND/OR COMPUTERIZED SW EEPSTAKES DEVICES ARE PRESENT. - ADOPTED 38. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF JOHN STRAUSS TO ARCHITECTURAL REVIEW BOARD TO FILL VACANT SEAT OF JACK HAW K EXPIRING 12/31/14. - RETAINED IN COM M ITTEE 39. PERSONNEL COMMITTEE REQ CONFIRMATION OF APPT OF KEVIN KENNARD TO STARK COUNTY REGIONAL PLANNING COMMISSION FOR RETRO TERM OF 4/1/12 - 3/31/15. - ADOPTED COM M UNICATIONS: 184. FINANCE DIRECTOR DIRUZZA: REQ AMEND APPROP O#220/2011 OF $38,500.00 INTERFUND ADVANCES TO COMM DEVELOPMENT GRANTS AND AUTHORIZE REPYMT OF ADVANCES UPON CLOSURE OF FUNDS. - FINANCE COMMITTEE 185. FINANCE DIRECTOR DIRUZZA: REQ AMEND APPROP O#220/2011 W ITH SUPP APPROPS SHOW N IN EXHIBIT A TO MEET RESPECTIVE DEPARTMENTS 2012 BUDGET REQUIREMENTS. - FINANCE COMMITTEE 186. LAW DIRECTOR MARTUCCIO: REQ AUTHORITY TO PREP ORDINANCE APPROVING THE EDITING & INCLUSION OF CERTAIN ORDINANCES ADOPTED FROM 2/28/11 TO 3/2/12 TO BE INCORPORATED INTO THE CITY’S CODIFIED ORDINANCES; REQ AUTHORITY TO SUBMIT RESOLUTION AUTHORIZING TO DISTRIBUTE, FREE OF CHARGE, TO PUBLIC OFFICIALS & PUBLIC INSTITUTIONS, COPIES OF 2012 SUPPLEMENT TO CITY CODE & AFFIX PRICE OF $17.40 FOR SALE OF 2012 SUPPLEMENT TO THOSE HOLDERS OF CITY CODE. - JUDICIARY COMMITTEE 187. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 C2 LIQ PERMIT FOR W INE BARRELL LLC DBA W INE BARRELL @ 1816 CLEVELAND AVE NW . - RECEIVED & FILED 188. SAFETY DIRECTOR REAM: AUTHORIZE AUDITOR TO MAKE PYMT TO B&C COMMUNICATION IN AMT OF $46,223.04 AND THEREAFTER FOR RECURRING COSTS; AUTHORIZE PYMT TO STARK COUNTY IN AMT OF $156,287.78 FOR CANTON’S SHARE OF RECURRING MAINT COST FOR MERGED SYSTEM OF 800 MHZ RADIO COMMUNICATION SYSTEM; FUTURE PMTS FOR FEES & MAINT W ILL BE PAID ON ANNUAL BASIS. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 30, 2012 COM M UNICATIONS CONTINUED: 189. SAFETY DIRECTOR REAM: DECLARE 10 BLDGS UNSAFE AND HAZARDOUS FOR W HICH DEMOLITION IS REQUIRED. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 190. TREASURER SCHIRACK: AUTHORIZE AUDITOR TO ESTABLISH AGENCY FUND 7508 “JACKSON - CANTON J.E.D.D. CLEARING FUND” AND BUDGET A SUPP APPROP IN AMT OF $10,000.00 INTO THE FUND. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: (COUNCIL RECESSED AT 7:55 P.M. FOR THE COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #1; RECONVENED AT 7:57 P.M.) 69/2012 1. DECLARE 10 BLDGS TO BE PUBLIC NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR DEMOLITION OF SAID BLDGS; AUTHORIZE CLERK OF CANTON CITY COUNCIL TO CERTIFY COSTS OF DEMOLITION TO STARK COUNTY AUDITOR; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#2 - O#7) 2 ND RDG 2. RESOLUTION ACCEPTING TAX INCENTIVE REVIEW COUNCIL’S RECOMMENDATIONS REGARDING ENTERPRISE ZONE TAX ABATEMENT AGMTS; EMERGENCY (C&ED) 2 ND RDG 3. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W /TAYLOR CHEV FOR PURCHASE OF (12) 2012 CHEV POLICE CRUISERS IN AMT NOT TO EXCEED $387,756.00, TO ENTER INTO CONTRACT W /TAYLOR CHEV FOR PURCHASE OF (4) 2012 CHEV DETECTIVE VEHICLES IN AMT NOT TO EXCEED $119,868.00, TO ENTER INTO CONTRACT W /GERMAIN FORD FOR PURCHASE OF (1) 2012 FORD E350 CARGO VAN IN AMT NOT TO EXCEED $20,199.00 & TO PURCHASE ADDT’L EQUIPMENT FOR THESE VEHICLES IN AMT NOT TO EXCEED $48,000.00 FOR POLICE DEPT; EMERGENCY (PPCI) 2 ND RDG 4. AUTHORIZE MAYOR TO: FILE A SUBSTANTIAL AMENDMENT TO 2011 & 2012 CONSOLIDATED ACTION PLANS FOR CITY OF CANTON’S HOMELESS EMERGENCY SOLUTIONS GRANT PROG FKA EMERGENCY SHELTER GRANT PROG; REVISE &/OR AMEND 2011 & 2012 CONSOLIDATED ACTION PLANS & HESG BUDGETS FOR FISCAL YR 2011 PHASE II & FISCAL YR 2012; ENTER INTO CONTRACT W /SUCCESSFUL NON-PROFIT AGENCIES W HO RESPOND TO REQUEST FOR PROPOSAL & MEET THE STRICT HESG REQUIREMENTS; EMERGENCY (C&ED) 2 ND RDG 5. AUTHORIZE MAYOR &/OR SERV DIR TO: ESTABLISH HOUSING REHABILITATION PROG UTILIZING HOME PROG FUNDS IN AMT NOT TO EXCEED $240,000.00, ADOPT HOME PROG POLICY MANUAL & RESIDENTIAL REHABILITATION STANDARDS W HICH HAVE BEEN APPROVED BY HUD FOR CANTON’S HOME PROG TO CONFORM TO ANY CHANGES ADOPTED BY HUD IN FUTURE; ENTER INTO CONTRACTS W /LOW & MODERATE INCOME APPLICANTS W HO APPLY FOR REHAB ASST & MEET THE STRICT REQUIREMENTS OF THE HOME PROG; EMERGENCY (C&ED) 2 ND RDG 6. APPROVE & ACCEPT THE CONSOLIDATION OF LOTS 3052 - 3059, 39670, 40166 - 40176, 40207 - 40211, 6519 - 6521 & PARTS OF OUT LOTS 82 & 83; EMERGENCY (NW CORNER OF 5 TH ST SW & CECIL CT PARCELS 244441 & 244346) (PS&T) 2 ND RDG 7. AUTHORIZE SERV DIR TO PERMIT AMERICAN DEMO, INC TO REMOVE RAIL, TIES & BALLAST AGGREGATE FROM A RAILROAD SPUR AT TREATMENT FACILITY OF W RF AT NO CHARGE TO CITY; EMERGENCY (E&PU) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 70/2012 8. AUTHORIZE EXTENSION OF CITY OF CANTON ECONOMIC GROW TH INITIATIVE; EMERGENCY 71/2012 9. AMEND EXHIBIT A TO ORDINANCE #29/2012; EMERGENCY 72/2012 10. AUTHORIZE SERV DIR TO ENTER INTO TW O YR CONTRACT W ITH CAPITAL RECOVERY SYSTEMS FOR PURPOSES OF COLLECTING OUTSTANDING CITY DEBTS; EMERGENCY 73/2012 11. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,600,000.00 FOR PURPOSE OF REFUNDING BOND ANTICIPATION NOTES PREVIOUSLY ISSUED FOR PURPOSE PROVIDING FUNDS TO PAY COURT APPROVED SETTLEMENT OF CLAIM AGAINST CITY; EMERGENCY (PIROLOZZI) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M AY 7, 2012 in Council Caucus Room at 6:15 P.M . 1) Finance Com m ittee 2) Personnel Com m ittee M ONDAY, M AY 7, 2012 in Council Caucus Room Update on Land Banking by Stark County Treasurer Alex Zum bar CANTON CITY COUNCIL AGENDA - PAGE 3 - APRIL 30, 2012 M ISCELLANEOUS BUSINESS: Mem ber Fisher attended the Recreation Departm ent m eeting last week and the study that was done for the Canton District had both Jackson and North Canton Y m entioned which are not in Canton and the Southeast Com m unity Center was barely m entioned and the Babe Stearn Center not m entioned at all after 60 years of service. The m an who was at the m eeting stated he drove by the J. Babe Stearn Center but never actually went in the building. W e really need to find a better way to do som ething for these centers when all of the children in the city are looking for som ething to do. Mem ber W est let everyone know that the Noah’s Ark area will be opening for sm all children in Nim isilla Park this Friday, May 4, 2012. He also invited all Council Mem bers to a m eeting of the social ills on May 16 th in the Cham ber. Mayor Healy addressing Dan Sciury stating that although he signed the Ordinance for the m erchandising, he did not ask where the item s were m ade. He said that he always stresses the use of local labor, local unions and buying Am erican. This particular project was driven by Council and he apologizes for his m istake. Mem ber Cole inform s all that the support is always there for local labor and m ade in Am erica item s but he did speak with both Dan Sciury and Pete DiGiacom o this week and explained that the com pany that was chosen is a “full service provider.” They will handle the m erchandise, the distribution, the m arketing, the shipping, all aspects of the pilot program and if it does take off, the com m ittee m ay look at other com panies later. Mem ber Sm ith invited all to the Stark County Black Caucus 3 rd Annual Tribute and Dinner at Skyland Pines on Sunday, May 6 th at 4:30 p.m . Am anda Stewart, President of the Caucus has flyers if anyone is interested. Law Director Martuccio thanked Mem ber Barton’s fam ily for loaning him to us for the last few years on Monday nights. He thanked Pat Kirk for her hard work and stated that there was still work to be done. Law Director Martuccio attended a m eeting last Friday and several zoning issues were discussed in regards to the gam ing facilities. The state sees the gam es of chance as illegal but som e are opening as gam es of skill which puts them under another heading. He com m ends Mem bers Mack and Cole for m oving forward while other cities try to decide what to do since the state usually only reacts when som ething is uniform in the state and they are m ore waiting on the opening of the actual casinos that have been approved in Ohio. He lastly wanted all to know that May 1 st is “Law Day” first declared by Eisenhower in 1958 and there is “Ask a Lawyer” telephone tim e being done at Stark State if you have any legal questions. President Schulm an thanked Dan Sciury for com ing down because he still feels that the city should at least buy Am erican if not union and he is confused by what full service m eans. ADJOURNM ENT: 8:23 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M AY 7, 2012 @ 7:30 PM

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