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City Council

Regular Meeting

Canton, OH · November 26, 2012

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -800- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: With a quorum being present, the Chair call the meeting of City Council to order. Roll call. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, CHRIS SMITH, KEVIN FISHER, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN ABSENT) CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT PRO TEM DOUGHERTY: Thank you. EXCUSING MEMBERS PRESIDENT PRO TEM DOUGHERTY: Member Griffin, I’ll recognize a motion to excuse. MEMBER GRIFFIN: Mr. President, I move that we excuse President Schulman from tonight’s meeting. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to excuse President Schulman from this tonight’s meeting. Any remarks? Roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: Motion carries. Will you all rise please for the invocation. Remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on November 26, 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 Majority Leader Dougherty. The Pledge of Allegiance led by President Pro Tem Dougherty. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM DOUGHERTY: Member Griffin, Agenda Corrections and Changes. MEMBER GRIFFIN: Mr. President, I present...I move that Rule 22A be suspended and add 2nd Readings of Ordinances 6 through and including 9. Ordinance 10 will be retained in Committee. And Mr. President, I request that Ordinance #11 be withdrawn. MEMBER BABCOCK: Seconded COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -801- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 6 through 9, 10 will be retained in Committee. And a request also that #11 be withdrawn from this evening’s Agenda. Any remarks? Roll call. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: Okay, 22A is suspended and the Ordinances are a legal part of our agenda this evening. PUBLIC HEARINGS PRESIDENT PRO TEM DOUGHERTY: Now under Public Hearings. We have two Public Hearings tonight. The first one this evening is scheduled for 7:30. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; FOR FULTON LUMBER CO.; THE PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME AT 2610 HARRISON AVE NW FROM PI-1 (PLANNED LIGHT INDUSTRIAL) TO PB-4 (PLANNED SPECIAL BUSINESS) IN WARD 7. Is there anyone in the audience wishing to speak for or against this, please come forward. Come up to the mic please here sir. Good evening. JOE CUSMA: My name is Joe is Cusma. I own the adjoining property, which is the little shopping center there and I see why, no reason why it should not go through. It might increase the property value, make more jobs for the City at a time where the City needs more jobs. I can’t believe anybody is here to say anything negative against this. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. Is there anyone else wishing to speak for or against this? Please come forward. Good evening. MARCIA ZAWACKY: Good evening. I’m Marcia Zawacky, I’m the President of Harrison Hills Neighborhood...Harrison Hills Southwest corner is where Fulton Lumber is. I live at 2831 Harrison Avenue NW. I am not against the City bringing business in but I am against this change because it’s going to bring equipment in that will not really make the properties around there more attractive for people to come in and want to buy properties in our...in our neighborhood. And so I have to, I really have to come and say that I do not think this is a very wise decision. I would...one of the things I would ask everyone to think about is why somebody like Sunbelt, who has a very huge presence at Route 77 and Portage Road would make a decision to come somewhere where it’s very, very obscure. Okay, they have a huge competitor right down Route 77, Lapo, okay. That...this says to me that maybe they’re already in financial trouble. We talked to the local man that owned Schrader, it’s a little tool rental that’s been around for a long, long time and he seemed to think that they probably were in...in trouble and that they probably really weren’t going to bring very many jobs to Canton, maybe a couple but certainly not 13. Okay, so it’s not the business per say, it’s what the impact is going to be on our neighborhood, which we have worked very, very, very hard. We’ve put our own money into helping our neighbor paint his house last year. We put new fascia and we put...took off old roof and put new roof on and that was our expense. The man had no money to fix his house. We have just bought a house in that neighborhood to tear down. We’re trying very, very, very hard to protect that neighborhood and I see the powers here not really doing their homework and not really realizing that what their doing is bringing the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -802- MINUTES OF THE MEETING NOVEMBER 26, 2012 property values down and lowering the tax that they will get from these properties. I would really, really appeal to you guys to ask Mrs. Bolender to seek other things. I suggested to her last summer that she seek from Stark Parks because they have that trail down there right along the railroad tracks and she said she never contacted them. So, I really, really hope that you guys will look...look inside of yourselves and make a good decision tonight. Tonight. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. Anyone else wishing to speak for or against this? Good evening. BETH LIVINGSTON: Hi, how are you. PRESIDENT PRO TEM DOUGHERTY: Good. BETH LIVINGSTON: Hey, I’m Beth Livingston, I’m...I represent the Keith Corporation whose equitable owner on this property and who will be developing the Sunbelt Rentals and bringing jobs to Canton. Feel free to let me know if you guys have any questions, I’m here to answer any. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. Anyone else? MARTIN ZAWACKY: Martin Zawacky, I live at 2831 Harrison NW. In addition to what my wife had to say, I wanted to point out my concern is the traffic. Meaning, you know, how much more traffic will be up and down Harrison Avenue itself because I’m afraid that the corner there where 25th Street, Harrison and Fulton Road meet is pretty sharp. I already see trailer trucks having to stop, backup and, you know, readjust themselves to make the turn, other trucks make it just fine, I know that. And the other concern I have besides the traffic in the intersection there is the maintenance of the equipment, will it be done, you know, at all hours of the night, how would you...how is that going to be done? Will it just be done during daylight hours? So, if you’d give that consideration. I thank you too. PRESIDENT PRO TEM DOUGHERTY: Thank you. Anyone else wishing to speak for or against this? BUD KRAMER: My name is Bud Kramer, George Bud Kramer. I live on 25th Street, directly behind the Fulton Lumber. About 12 years ago, they had a zone change there and we approved that. I come down here to Council to approve that at that time. I took...where I live, you have to picture it is, I live on 25th Street directly south of the Fulton Lumber. There are 7 houses along there and we’re the only 7 houses that I know of can see the Fulton Lumber which is right directly north of us, Joe Cusma, the owner of Fulton Drugs and myself, we’ve gotten along with Fulton Lumber all these years. We’ve talked to them about this new project and of course they’ll bring equipment in and they’ll store it there and as time goes by, people will come in and rent it or not rent it and they may take it out or not. Also going to build a small building there which will help out. And we are all in favor of it, all 7 houses of us are in favor of it. I’ve lived there for 48 years, come back from the Army, bought my house there on 25th. I live 2 houses up from the drug store and I know the people on Harrison up above us apparently are opposing it and I do not know why. I drove up where they live, the Harrison Association and from where they live, they can’t even see the lumber yard, they live a half mile north, north of where the expressway crosses Harrison Avenue. And from what I see there, they can’t even see the Fulton Lumber, I can see it directly. The Fulton Lumber built a fence right directly behind my house, an 8 foot fence, they planted huge elm trees there which have all grown up high and I can actually not see The Fulton Lumber from my...barely see it from my house. They’ve been a good neighbor for all these years and COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -803- MINUTES OF THE MEETING NOVEMBER 26, 2012 I’m sure they want to sell now. I can see no reason what harm this would do of putting it there as far as traffic in and out, we have heavy traffic now and when they take the equipment out, they’ll just take it out. They have a place in North Canton, I’ve been up there to see it, they have 2 employees and it was a very small place. When I was there, only 2 people come in during that whole time, they looked over the equipment and one gentleman said he would be back later to pick up the equipment. So, I’m sure this is what will happen there, they’ll pick up their equipment, go down and pull out. As far as turning at 25th and Fulton, we have trucks come through there all the time. And as I said, the traffic is heavy but I can’t see how this would add to any traffic whatsoever. So, I’m talking for all 7 owners, some of them are back here and we have all agreed, there’s 7 houses, 5 of them are homeowners like myself, 1 rental property and 1 vacant and they’ve all agreed that I can talk for them and they’ll all agree that we would like the zone change for Fulton Lumber. Thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you sir. Any one else wishing to speak for or against this, please come forward. Anyone else wishing to speak for or against this. Okay, thank you. We’ll move on to the next scheduled Public Hearing. It’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; FOR VICKIE KNAFEL LUNSFORD; THE PLANNING COMMISSION HAD RECOMMENDED DENIAL OF THE SAME AT 1130 WERTZ AVE SW FROM R1-A (SINGLE FAMILY RESIDENTIAL) TO PR-2 (PLANNED TWO FAMILY RESIDENTIAL) IN WARD 3. Is there anyone in the audience wishing to speak for or against this, please come forward. Anyone in the audience wishing to speak for or against this, please come forward. Anyone in the audience wishing to speak for or against this? The Public Hearings are closed at this time. OLD BUSINESS PRESIDENT PRO TEM DOUGHERTY: We’re in Old Business. Chief of Staff, is there any? No? PUBLIC SPEAKS PRESIDENT PRO TEM DOUGHERTY: Public Speaks. We have 6 signed up tonight. The first speaker is Tim Porter. Is that right? Please come forward sir. We need your name and address. Welcome to Canton City Council. Our rules state that you have 3 minutes to speak. TIM PORTER: Thank you. My name is Tim Porter and I live at 1107 10th Street NW. I’m here to address the issues that I see a lot of votes around here that are called emergencies. You know, I understand how that works but when do we make crime an emergency in the City? I don’t hear that talked about at all at any of these meetings, other than people that come up here to speak. We’re talking about giving money away to bring new business. What good is business if people don’t want to live in Canton? There’s nobody to shop at these stores or go to these businesses. We’re going to give $125,000.00 away for 5 jobs, are those 5 jobs from living in Canton or are they going to make 50 bucks an hour and move out of Canton because of the crimes? It’s...it’s just getting ridiculous, you know, a lot of the problems aren’t happening in my neighborhood anymore but I’m here speaking because I live in the City of Canton. I don’t want my kids to go to a Canton City School because of this neighborhood. Okay...it’s...we’ve...we’ve got to do something and all you guys sit here and all we do is, we want to do, we want to do and now we’re back to cameras again. Cameras aren’t going to stop the shootings, cameras aren’t going to stop the robberies, it’s not going to solve our problem. We’ve asked for more police, what are we doing about that? We don’t hear nothing. Let’s take that $125,000.00 we want to give to a business, put a couple cops on the road. How many speeders can a couple COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -804- MINUTES OF THE MEETING NOVEMBER 26, 2012 cops catch compared to a camera? That’s all I have. Thank you. PRESIDENT PRO TEM DOUGHERTY: Richard Drake please. Good evening. RICHARD DRAKE: Good evening everyone. My name is Richard Drake, I’m an ISA Certified Arborist. My topic is cityscape trees. You guys love to hear me talk about trees. The biggest thing is our cityscape trees, when you plant a new tree, they’re called sinks, in other words, they take in more than they give out. It takes an average of 15 years before they provide...start providing benefits. The last 5 years, I’ve been working on our cityscape trees. I’m pleased to say they are making adulthood, they’re starting to look good, the City of Canton is looking good with these trees and they will provide benefits down the future. But my major concern is in the beginning, when they were planted, they were planted incorrectly. I discussed this with Council before and different individuals that someone should be there when they’re first planted to make sure that they’re going to grow and mature properly so we can get a longer life expectancy out of it. And trees, they need room to grow. So, site locations, we have got what you call ornamental trees. Now we do have those trees that do grow a little bit longer but in these defaults, I don’t give them long. We’re talking 20 years max and a lot of trees have died, we need to keep replacing them and for us to get some really good benefits as far as saving energy costs, we need full grown trees, we need to start planting them in the ground, not waiting till their dead and gone and discuss planting them again. Most of our trees are old age and just like people, they die, different species, they have different life expectancies. So, I recommend that we get with our program whenever we get this going, Tree Commission or whatever. Let’s start getting the trees in the ground that we need to help us for our future needs because we’re running out of trees, honestly. If you drive down the streets, there’s less and less every year. Think back 10, 20, 30 years ago and there’s just not that many trees anymore. We need to plant new trees every year. We need to get to the schools, we need to bring Arbor Day back. We need to get donations of trees and we need to get them planted and they need to be planted correctly. A tree as tall as it is, go from the drip line, one and a half times the height of that tree, that’s the feeding (inaudible) to those trees. So, you need a large area for it to get its nutrients and oxygen and water. Without that, they go in decline and die. And especially when they’re mutilated. We need to watch who takes care of our trees, who cuts them. Go along with these people prior to pruning to make sure they’re going to do it correctly especially under power lines, I’m talking now with AEP, they do a good job clearing the wires. But some of the trees, they don’t survive from that. They decline and they go down the hill fast. Four or five years down the road, the resident gets a letter from the City that the tree has to be removed, it’s a hazard. But who made it that way? Here you got people in their 80's, people just don’t have the funds, they can’t afford it. If it was done correctly the first time, we wouldn’t have this problem now and we would still have some healthy beautiful trees. Not all are candidates to be saved. This is why you need someone who really has knowledge and understands how a tree lives and how pruning practice are to be put upon it. So, that’s...that’s all I have to say. Thank you very much. PRESIDENT PRO TEM DOUGHERTY: Thank you. Lynda Tuttle please. I’m sorry. LYNDA TUTTLE: I would like to pass. PRESIDENT PRO TEM DOUGHERTY: Okay, thank you. Pete DiGiacomo. Good evening. PETE DIGIACOMO: Good evening. My name is Pete DiGiacomo, I live at 600 Dent Place SW, Canton, Ohio. What I want to speak about, the City, I don’t know if you can do anything about it or not or if Mr. Price COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -805- MINUTES OF THE MEETING NOVEMBER 26, 2012 can look into it. Three weeks ago, we don’t use the front that much other then to get the newspaper and the mail, just by accident, I found hanging on the door was a notice from the gas company. And it said that they needed to come in and read our meter, which I don’t have a problem with but below it, it said if we did not contact to make an appointment within the next 48 hours, our gas would be shut off. There was nothing on that ta...hang tag that said when they put the...the notice up. And so we made the appointment, the man came down, read the meter, did what he had to do, took maybe 3, 4 minutes, something like that and then I asked him just in passing, I said “What would have happened, say we went to Florida for the winter time, would you have shut the gas off?” He said “Yes.” And I said, “And then the pipes freeze and bust.” He said “That’s your responsibility.” And I just, you know, have a little bit of a problem with that. I guess that’s, you know, if..cause I...I called but I got no where. It just doesn’t seem quite right, so to speak. That’s all, thank you. PRESIDENT PRO TEM DOUGHERTY: Thank you. Martin Zawacky. MARTIN ZAWACKY: Martin Zawacky, 2831 Harrison Avenue NW. I want to speak just a little bit more on that...on that zoning. Besides the issues I brought up, the..one of the things I want to say as the gentleman pointed out that we don’t live within sight. But we have been very active in our neighborhood, we have...the house that my wife spoke of, will be our 5th house that we purchased and took...will be taking down at our own expense. Two of those houses were done by sledgehammer, saw, pickup truck. I mean we physically took them and hauled them off every 3 hours of the day, (inaudible) stuff down. All the way down to Fulton Road, if the grass gets high and the City can’t get to it, she takes the mower and I take the string trimmer down and I mow. She mows under the bridge, I understand that’s State property. We clean up the street, dig up to our elbows to clean out the grates. We go up to neighbors houses and help them with..with the things that they have with their problem getting rid of their stuff, it’s not just us and it’s not that I’m against the zone change except it’s the zone change, I have no idea what...what goes on when you make a zone change. It...it’s just plain scary to us. With that house that we were talking about on 26th Street, last...last year when we were helping a neighbor, there was a garage there that was very, very dangerous, we got the City after my wife (inaudible) them for awhile to take down...to take it down because it was the roof was falling in. So, when we purchased the house, we tried to make contact with the City asking them is there....did they put that demolition cost on that house and could we get a break here folks. Well, we couldn’t get any contact, Mr. Burns, I know wrote an email to Mr. Price and Mr. Fonda and we got no reply there either. Now you know, sounds like we’re really hard on this stuff but you know, we need a little help here. We go to the house on 29th Str...on 29th Street that’s got the steel siding that’s just rusting away with a big hand drawn sign on it that the City called and told them to...this is not an Ordinance to have a 4 x 8 sign or 4 x 5 sign drawn there. Well, I stayed there and stayed there and stayed there and then a week or so, a little one went up and then the big one came back up with the reduced price on it, my wife called the company and said “We’ll buy the house from you, what you paid for it.” They said “No, we’re not going to do that, we’re down in South Carolina, we’ve got houses all over the place. We’re not putting a dime into the place and that hand made sign is the way we do business.” I guess they’re just telling us what they think of us. So, we work hard and want your help. That’s all I’m asking. Thank you very much. PRESIDENT PRO TEM DOUGHERTY: Thank you. Marcia Zawacky. MARCIA ZAWACKY: Marcia Zawacky, 2831 Harrison NW. Population declined because industry moved away, we went from 117,000 in 1950 down to 70,000. Okay, led to huge tax revenue laws, leading to failing systems, not enough money to employ Government workers, police, fire, etc. Abandoned houses deteriorating, adding low to an already strained system. Local small business failing because they can’t COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -806- MINUTES OF THE MEETING NOVEMBER 26, 2012 compete with big box stores that are owned by foreign business who has no invested interest in our community. Thus, part time jobs, lower wages and no benefits. The population that remains in Canton are mostly elderly and poor who are regarded as scum. Not citizens who are not fort...as fortunate as those living in the donut hole. Okay, I’m elderly, okay, I’m not wealthy and I’m also not a quitter. Okay, so maybe you guys don’t like to listen to me talk but you’re going to hear me. Okay, because I remain in my beloved Canton and try to do things to make it better, does not make me or any else scum. This impending zone change will not help make Harrison Hills a more desirable location to live in. INFORMAL RESOLUTIONS PRESIDENT PRO TEM DOUGHERTY: We’re now under Informal Resolutions. Will you please read Resolution 61. #61. COUNCIL AS A WHOLE: COMMENDING DOUG PERRY FOR HIS DEDICATION TO THE COMMUNITY. - ADOPTED PRESIDENT PRO TEM DOUGHERTY: Member Griffin. MEMBER GRIFFIN: Mr. President, I move we adopt Informal Resolution 61. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: There’s a motion to adopt Resolution 61. Are there any remarks? MEMBER GRIFFIN: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes. MEMBER GRIFFIN: May we have it read please. PRESIDENT PRO TEM DOUGHERTY: Sure. CLERK TIMBERLAKE: WHEREAS, Doug Perry was hired by the Canton Board of Park Commissioners as Park Director on April 23, 1990. After serving over 22 years in the department, he will retire on November 30, 2012, as the second longest serving Canton Park Director; and WHEREAS, Doug has been married to his wife Debra for 36 years and they are the proud parents of Amanda and Laura; and WHEREAS, Doug is a Vietnam-era U.S. Army Veteran who served over two years in Germany, and he served as the Vice-President of the Veteran’s Memorial Committee that built the memorial in Veterans’ Park; and WHEREAS, Doug reinstituted the state-of-the art holiday lights display in Stadium Park which is in its 14th year and provides creative wonders free of charge; and WHEREAS, Doug has worked with countless elected and appointed city officials sharing his substantial institutional knowledge while working very efficiently with limited finances and personnel; and WHEREAS, the multi-talented Mr. Perry is also an award winning photographer and amateur historian who has worked diligently to enhance and beautify our community; NOW, THEREFORE, BE IT RESOLVED: that we, Members of City Council of Canton, Ohio go on record congratulating and commending DOUG PERRY for his loyalty to the City of Canton and the community, his hard work and dedication to his job and for enhancing the quality of life for generations of our community. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -807- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: Any other remarks? If not, by voice vote, all those in favor signify by saying aye. Opposed. NO REMARKS RESOLUTION #61 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM DOUGHERTY: Thank you. Would you like to make a presentation please. Mr. Perry, please come up. (APPLAUSE) CLERK TIMBERLAKE: You can come up and take pictures up front. PRESIDENT PRO TEM DOUGHERTY: Yeah, you can come up here and take pictures all you want. CLERK TIMBERLAKE: Come on up ladies, don’t be shy. MEMBER GRIFFIN: Okay, first of all Doug, I’d like to thank Councilman Hawk and the Law Department for preparing the Resolution for us. Doug, congratulations and on behalf of City Council, I’d like to thank you for all the work you’ve done for the City and best of luck in your retirement. I always said I can do whatever I want now, I’m retired, as long as my wife says it’s okay. (Laughter) Congratulations. (APPLAUSE) DOUG PERRY: Well, I want to thank the Members of Council, the Administration involved with this. I thank the citizens.....sorry. MEMBER CIRELLI: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Cirelli. MEMBER CIRELLI: Might Mr. Perry have his family, his wife is here, his brother, and his 2 daughters, maybe have them stand up for a second there. PRESIDENT PRO TEM DOUGHERTY: Please do. (APPLAUSE) DOUG PERRY: I told somebody the other day that these are my parks. Sounds conceited, but I wouldn’t give two hoots for any Director in this park system that wouldn’t feel the same way. Right now, I feel like a blubbering fool so excuse me. I thank the citizens for the honor of being able to take care of your parks. As it says, I’m a bit of historian, a few of you have asked and am able to provide you with some information about the City. The park system has been a very valuable aspect of this City. It’s been a constant throughout the years of up and downs with City, it’s the one the people of Canton have always been able to count on. We haven’t had all the resources, we’ve always been able if we had to do the things that we could have done, there is some conversations at this time that might open the door for the City to improve their park system and that would be a wonderful aspect if that happened. I know my mother when she first moved here, my mother and COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -808- MINUTES OF THE MEETING NOVEMBER 26, 2012 father, their first apartment was on Oxford Avenue across from Lehman High School and I still have pictures of when my mother went with her friends to the park system. I probably got thrown out a few times myself in years past. So, I really again thank everybody for this honor. I thank the citizens again for the privilege of being able to take care of your parks. Thank you. (APPLAUSE) PRESIDENT PRO TEM DOUGHERTY: Thank you. Any other comments? Member Morris. MEMBER MORRIS: Yes sir. Thank you Mr. President. Mr. Perry, I would like to thank you for the education which you passed on to me in the time that I had the opportunity to be on the Park Commission with you. I honestly have to say that changed my whole perspective of you because when I was on the other side of the fence at your park thing, that kind of used to rub me wrong but I really got to grow and understand how the park system worked. It was one of the most fulfilling opportunities that I have ever had and the saddest day was when I actually had to resign to take this job because it was...it was rewarding. And I thank you and Andy Black for that opportunity and I wish you the best of luck in retirement. MEMBER HAWK: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Hawk. MEMBER HAWK: Thank you. Doug, thank you very much for all the help you’ve done in our whol...in our park system for all the years you’ve been with us. I’d really like to thank you for the efforts you put forth in the 4th of July, making it truly a monumental 4th. It was quite an experience and always educated and helped me out a lot. We’re going to be losing a lot when you retire from our park system. Again, thank you so much my friend. MEMBER CIRELLI: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Cirelli. MEMBER CIRELLI: Doug, I’ve known you for a number of years and God bless you. You have a great family there and I’m sure they can’t wait to have you out of the job so that you can be around the house. There’s his brother giving him the thumbs up. And you and your brother can do more ventures on books that he has written and photog...and the pictures that you’ve taken and give back to the community. So, we’re all looking forward to that and we thank you very much. You’ve been a wonderful Park Director. God bless you all. MEMBER WEST: Mr. President. Doug, I’d like to also mimic a lot of the comments that were said. A protector of the park is...is the key word for you. You are a protector and have protected all of our parks, 64 I believe it is. We appreciate your service to our community and appreciate all the help you had for Joy Fest and a lot of the other events we had at Nimisilla Park. And I appreciate you. Thank you. MAYOR HEALY: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Mayor. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -809- MINUTES OF THE MEETING NOVEMBER 26, 2012 MAYOR HEALY: Thank you Mr. President. And Director, I also just would like to let the public here know that you were instrumental in bringing Veterans’ Park and recognizing the Veterans as a formal place for the City of Canton to do so and being a Veteran, we want to thank you for that and hope that you participate in that event every year whether you’re a Director or not and thank you for doing that and thank you for all you’ve done for the City of Canton. PRESIDENT PRO TEM DOUGHERTY: Yes, Mr. Perry, I echo the Mayor’s comments. I’m a Veteran myself. It’s something you can be really proud of and I appreciate your efforts in that because....and the effort you put in at the end here for the renovations down at Bup Rearick, it’s going to be really great. So, hopefully we can get that finished and I know that’s what your goal was. So, thank you. Resolution 62 please. MEMBER GRIFFIN: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes. MEMBER GRIFFIN: I move that we adopt Informal Resolution #62. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Go ahead Clerk. #62. PERSONNEL COMMITTEE: REQUEST CONFIRMATION OF APPT OF RHODERICK SIMPSON TO STARK COUNTY REGIONAL PLANNING COMMISSION FROM 11/16/12 - 11/15/15. ADOPTED PRESIDENT PRO TEM DOUGHERTY: Thank you. The motion to adopt this Resolution, are there any remarks? By voice vote, all those in favor, signify by saying aye. Those opposed. NO REMARKS RESOLUTION #62 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM DOUGHERTY: Thank you. Any of you folks want to leave, you’re welcome. The Perry family wants to get out of here, please do so. We won’t be offended at all. Take care. COMMUNICATIONS PRESIDENT PRO TEM DOUGHERTY: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED NOVEMBER 26, 2012. 408. DEVELOPMENT DIR WILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT WITH I2R POWER CO TO PROVIDE 10 YR, 75% PROP TAX ABATEMENT & CDBG ECONOMIC DEV GRANT BASED ON JOB CREATION. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -810- MINUTES OF THE MEETING NOVEMBER 26, 2012 409. DEVELOPMENT DIR WILLIAMS: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 4TH ST NE FOR JACQUELINE & CARLSTON HEDGESPETH (PARCEL #02-24286, PT LOT #1078). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 410. DEVELOPMENT DIR WILLIAMS: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED AT 1136 RICHARD PL NW FOR DEAN & JENNIFER KING (PARCEL #02-13025, PT LOT #1869 & #1870). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 411. DEVELOPMENT DIR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #1 FOR BROWNFIELD JOB TRAINING GRANT WITH GOODWILL INDUSTRIES IN AMT NOT TO EXCEED $25,000.00; REQ SUPP APPROP OF $25,000.00 FROM UNAPPROP BAL 2235 BROWNFIELD JOB TRAINING GRANT TO 2235 506009 BROWNFIELD JOB TRAINING GRANT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 412. FINANCE DIR DIRUZZA: REQ AMEND APPROP O#220/2011 WITH VARIOUS APPROP TRANSFERS AND VARIOUS SUPP APPROP SET FORTH IN EXHIBIT A TO PRESERVE INTERGRITY OF COMPENSATED ABSENCES FUND, REQ AUDITOR TO AUTHORIZE & DIRECT PYMT TO COMP ABS FUND. - FINANCE COMMITTEE 413. FINANCE DIR DIRUZZA: REQ AMEND APPROP O#220/2011 WITH SUPP APPROP AND INTER-FUND TRANSFERS SET FORTH IN EXHIBIT A FOR HEALTH & LIFE INSURANCE FUND. - FINANCE COMMITTEE 414. HEALTH BENEFITS ADMIN MCBRIDE: OCTOBER 2012, MONTHLY COMPARATIVE RPT, INSURANCE CLAIMS. - RECEIVED & FILED 415. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF C1 C2 LIQ PERMIT FROM MARKET STREET STATION LLC @ 1200 N MARKET ST TO LILO OIL INC DBA BP MARKET ST @ 1200 N MARKET ST. - RECEIVED & FILED 416. SERVICE DIRECTOR PRICE: AUTHORIZE & DIRECT AUDITOR AND/OR SERV DIR TO ISSUE BOND ANTICIPATION NOTES IN AMT NOT TO EXCEED $6,500,000.00 FOR THE PURPOSE OF FUNDING CERTAIN ECONOMIC DEV PROJ IN THE CITY OF CANTON; AUTHORIZE & DIRECT AUDITOR TO ENTER INTO ANY ADDTL CONTRACTS NECESSARY TO FACILITATE THE ISSUANCE OF THE NOTES DESCRIBED ABOVE. - FINANCE COMMITTEE 417. SERVICE DIRECTOR PRICE: APPRVL TO ACCEPT DONATION FROM SARTA IN AMT OF $50,000.00 & ESTABLISH 2450 SARTA AREA IMPROVEMENT FUND FOR PLAYGROUND & WALKING PATH ON GATEWAY BLVD SE. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -811- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: First Reading Ordinances. For First Reading, Madame Clerk please begin with Ordinance 1. NOTE: PRESIDENT PRO TEM DOUGHERTY CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO AMEND THE EXISTING PLAIN TOWNSHIP - CITY OF CANTON COOPERATIVE ECONOMIC DEVELOPMENT AGREEMENT (CEDA); AND DECLARING THE SAME TO BE AN EMERGENCY (CENTRAL ALLIED) Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (VARIOUS FUNDS INCLUDING SERV DIR, AUDITOR, CIVIL SERV, LAW, JUDGES, FIRE, MOTOR VEHICLES, MAINTENANCE) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AN AGREEMENT WITH THE STARK COUNTY EMERGENCY MANAGEMENT AGENCY TO RECEIVE A REIMBURSABLE GRANT IN AN AMOUNT UP TO $92,250.00 FOR THE PURPOSES OF THE INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM (IECGP) AND TO PURCHASE UP TO $123,000.00 WORTH OF EQUIPMENT FROM MOTOROLA PURSUANT TO O.R.C. SECTION 125.04; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($90,000.00 - CENTRAL COMM ADMIN) Referred to Public Property Capital Improvement Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR, ENTER INTO CONTRACT FOR AND RECEIVE FUNDS FROM THE MUSKINGUM WATERSHED CONSERVANCY DISTRICT THROUGH ITS LOCAL GRANT PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LONG-TERM AGREEMENT WITH AMERICAN LANDFILL, INC. FOR LEACHATE AND SLUDGE DISPOSAL; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM DOUGHERTY: Now under Ordinances for their Second Reading. Please begin with COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -812- MINUTES OF THE MEETING NOVEMBER 26, 2012 Ordinance 6. NOTE: PRESIDENT PRO TEM DOUGHERTY CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #6 THROUGH #9 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #10 RETAINED IN COMMITTEE): #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH AMBAFLEX MANUFACTURING, INC. TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE CANTON LOCAL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) OF THE REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT GRANT WITH AMBAFLEX MANUFACTURING INC.; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT THE PRICE QUOTE AND TO PURCHASE A NATURAL GAS ENGINE FOR THE CITY OF CANTON’S 2412 - 13TH STREET NW LIFT STATION; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR COMPREHENSIVE NETWORK SERVICE AGREEMENT WITH ACLARA RF SYSTEMS INC. IN AN AMOUNT NOT TO EXCEED $28,080.00 TO PROVIDE SYSTEM AND SOFTWARE MAINTENANCE FOR CANTON’S EXISTING AUTOMATED METER READING SYSTEM; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY (FR: UNAPPROP BAL 5201 WATER FUND TO: 5201 207003 WATER BILLING - OTHER $16,848.00; FR: UNAPPROP BAL 5410 SEWER FUND TO: 5410 207003 SEWER BILLING - OTHER $11,232.00) #10. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH REDFLEX TRAFFIC SYSTEMS, INC. FOR THE IMPLEMENTATION OF AN AUTOMATED PHOTO TRAFFIC ENFORCEMENT PILOT PROGRAM IN LIMITED AREAS OF THE CITY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM DOUGHERTY: Thank you all. Ordinance 10 was Retained in Committee. Ordinance 11 was Withdrawn. We’re under Third Readings. Ordinance 12 please. #11. (3RD RDG) WITHDRAWN AN ORDINANCE REPEALING THE INITIATED ORDINANCE ADOPTED BY THE ELECTORS OF THE CITY OF CANTON IN 1920 ESTABLISHING THE BOARD COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -813- MINUTES OF THE MEETING NOVEMBER 26, 2012 OF PARK COMMISSIONERS AND DISSOLVING SAID BOARD; AND REPEALING SECTION 539.15, PARK POLICE, OF CHAPTER 530, PARKS AND PLAYGROUND, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #12. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 195/2012 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (2610 HARRISON AVE NW FOR FULTON LUMBER CO FROM PI-1 (PLANNED LIGHT INDUSTRIAL) TO PB-4 (PLANNED SPECIAL BUSINESS) PUB HRG 11/26/12 @ 7:30 PM MEMBER GRIFFIN: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes Member Griffin. MEMBER GRIFFIN: I move we adopt Ordinance #12. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 12. Any discussion? MEMBER GRIFFIN: Mr. President, I move that we amend Ordinance #12 per copy that all Council Members have in front of them. MEMBER BABCOCK: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 12 by substituting the attached revised Ordinance and Exhibit A for the originally proposed Ordinance and Exhibit A. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to amend Ordinance 12. MEMBER GRIFFIN: Could we have the Amendment summarized? ATTORNEY TOM BURNS: There was a correction on the legal description, which is in essence the purpose of the necessity for the Amendment. There is an additional lot number that was included in the amended language. MEMBER GRIFFIN: Thank you. PRESIDENT PRO TEM DOUGHERTY: Any other discussion on the Amendment? By voice vote, all those in favor, aye. All those opposed. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -814- MINUTES OF THE MEETING NOVEMBER 26, 2012 NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE MEMBER GRIFFIN: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Yes sir. MEMBER GRIFFIN: I move that we adopt Ordinance #12 as amended. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 12 as amended. Any discussion? MEMBER CIRELLI: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Cirelli. MEMBER CIRELLI: I spent a day last week with Mrs. Zawacky and I drove even into the, and I hope I wasn’t trespassing, but there was wide open, Fulton Lumber. So, I went in there and drove around to see how it was structured. Also went up to the Sunbelt area which is next to the Cracker Barrel in North Canton to see exactly what they were bringing down. Also went to talk to Schrader Rentals, they...I take my blades for my lawn mower and what have you there to get fixed to see if it was going to impede on his business because he rents things and perhaps I was thinking they maybe renting equipment like he would have. Now, in all honesty, the gentleman that owns Schrader’s Tool and Rental told me that if he had to vote on it, he would vote no and that was because mainly the traffic. Well then I asked the Engineer, I sent him an email and described the situation, I had some concerns about the traffic there because I was...as I was taking Mrs. Zawacky home, there was like a FedEx truck or something making a delivery and it stopped and had its blinkers on. I was behind it and then all of these cars were passing me and of course Harrison Avenue is a....just a two-way street and they were making a delivery apparently to a business that’s on a catty corner from where they were at. So, I had to back up and then pull around it. I have to comment that the Zawacky’s have...and she became quite emotional over this issue, they have done more then I think anybody that I have seen in some of these neighborhood groups out of their own personal pockets to improve their area and I think that’s why for them it’s...it’s trying to make the best of the neighborhood they possibly can. They’re very proud people of they...of the neighborhood. They’ve done so much for that. This is a hard vote for me. At first I thought, well this is easy, I can vote no. Then when I listened to everybody come up and tell us what it’s going to be and the fact that the one gentleman said that he lives there for how many years and talked to all of the neighbors, I respect that. I know that they both know me personally. I would like to be able to vote no but I’m kind of on the...like a...as they say the Federal Government is having financial cliff, I’m on one of those cliffs, it’s hard to say yes and it’s hard to say no. But all I can say is to the people that are coming and there’s a lady representing them, is I hope you introduce yourself to the Zawackys and be a good neighbor because these people have more then whatever...went out of their way to do everything they can to improve that area as you heard them say, mowing the grass and what have you. And I hope that you will become, you know, acquainted with them and them with you and that you make it a very workable situation. And please don’t take any business away from the Schraders, I don’t want to see him go out of business. So...but I wanted to say those words. Thank you Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -815- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: Thank you. Are there any other remarks? The question you are voting on now is the Ordinance 12 as amended. Roll call. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 195/2012 PRESIDENT PRO TEM DOUGHERTY: Ordinance 12 has been adopted. Ordinance 13. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 196/2012 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1130 WERTZ AVE SW FOR VICKIE KNAFEL LUNSFORD FROM R1-A (SINGLE FAMILY RESIDENTIAL) TO PR-2 (PLANNED TWO FAMILY RESIDENTIAL) PUB HRG 11/26/12 @ 7:31 PM PRESIDENT PRO TEM DOUGHERTY: Member Griffin. MEMBER GRIFFIN: Mr. President, I make a motion that we amend...we adopt Ordinance #13. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 13. Any remarks? Roll call. CLERK TIMBERLAKE: Twelve yeas Mr. President. #13 ADOPTED AS ORDINANCE NO. 196/2012 PRESIDENT PRO TEM DOUGHERTY: Ordinance 13 has been adopted. Ordinance 14. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 197/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 FROM UNAPPROP BAL 2767 COMM SANCTIONS GRANT FUND TO 2767 701001 COMM SANCTIONS GRANT - PERSONNEL) PRESIDENT PRO TEM DOUGHERTY: Member Griffin. MEMBER GRIFFIN: Mr. President, I make a motion that we adopt Ordinance #14. MEMBER BABCOCK: Seconded. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -816- MINUTES OF THE MEETING NOVEMBER 26, 2012 PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to adopt Ordinance 14. Any remarks? Roll call. CLERK TIMBERLAKE: Twelve yeas Mr. President. #14 ADOPTED AS ORDINANCE NO. 197/2012 PRESIDENT PRO TEM DOUGHERTY: Ordinance 14 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM DOUGHERTY: Announcement of Committee Meetings. MEMBER COLE: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Cole. MEMBER COLE: Finance Committee will meet December 3rd at 6:30 P.M. MEMBER WEST: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member West. MEMBER WEST: Judiciary will meet at the same time, same place. PRESIDENT PRO TEM DOUGHERTY: Public Property Capital Improvement will also meet 12/3 at 6:30. MEMBER HAWK: Mr. President. PRESIDENT PRO TEM DOUGHERTY: Member Hawk. MEMBER HAWK: Finance...or excuse me, Annexation Committee will meet, Monday at 6:30 also, thank you. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM DOUGHERTY: We’re now under Miscellaneous Business. Member Griffin. MEMBER GRIFFIN: Mr. President, I make a motion that we adjourn to Executive Session per Director Ream for police negotiations. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded to go into Executive Session. Who do you want in this Executive Session Member Griffin? MEMBER GRIFFIN: All Councilman... PRESIDENT PRO TEM DOUGHERTY: Would you say all Councilman, the Auditor, Law Department, Administrative staff and our Clerk and Chief Lawver? So moved? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -817- MINUTES OF THE MEETING NOVEMBER 26, 2012 MEMBER GRIFFIN: So moved. CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT PRO TEM DOUGHERTY: Remember we got to come back here when we’re complete. We’re in Executive Session. PRESIDENT PRO TEM DOUGHERTY: Council is reconvening. Member Griffin. MEMBER GRIFFIN: Mr. President, I make a motion that we come out of Executive Session. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: Moved and seconded to come out of Executive Session. Roll call. CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT PRO TEM DOUGHERTY: We are out of Executive Session. We’re still under Miscellaneous Business. Is there any? MEMBER GRIFFIN: Excuse me sir. PRESIDENT PRO TEM DOUGHERTY: Member Griffin, move to adjourn. MEMBER GRIFFIN: Mr. President, I move to adjourn. PRESIDENT PRO TEM DOUGHERTY: Did you have something Member Cirelli? Go ahead. MEMBER CIRELLI: Thank yo...thank you Mr. President. I was waiting for the Mayor to come back to ask him, we all received in the newspaper, it’s the Canton Connection sir. And there’s several errors in it, like it says Canton Council for January, City Council meeting, there’s no date there. But allegedly we have a meeting and I...I couldn’t figure out why a block wasn’t here and the same way on the 11th, it says Canton has a meeting but that’s Martin Luther King Day and I believe we’re not here. If I’m mistaken, let me know. But a couple other Council People had seen some errors too in it so, maybe whose ever doing this, if they did some proof reading on things, I’d appreciate that sir because they..... PRESIDENT PRO TEM DOUGHERTY: Member Cirelli. MEMBER CIRELLI: Yes sir. PRESIDENT PRO TEM DOUGHERTY: It was proofed by our staff and sent up there. So, I don’t know what happened. MEMBER CIRELLI: Oh okay, thank you Mr. President. CLERK TIMBERLAKE: We resent the calendar to them Mary for them to see that those dates were missing in January. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -818- MINUTES OF THE MEETING NOVEMBER 26, 2012 MEMBER CIRELLI: I see but they....and Mr. President, I guess I’m allowed to talk to Cindy. Did you see it since it’s come out Cindy where it says we have meetings on those dates? I’ll show it to you later. CLERK TIMBERLAKE: Oh, okay. MEMBER CIRELLI: Okay, thank you. Since you did proof read it. And then Mr. Burns, I sent a request to Fonda Williams September 28th regarding the CCIC and I was referred to you and then last...last Monday I spoke to Mr. Martuccio the Law Director and he said he would write a note and he was going to refer it to you. So, will you please contact me so we can have a discussion on all those things concerning that CCIC that we have, sir? I’d appreciate that. Thank you sir. Thank you Mr. President. PRESIDENT PRO TEM DOUGHERTY: Any other Miscellaneous Business? Member Griffin. MEMBER GRIFFIN: Mr. President, I make a motion we adjourn. MEMBER BABCOCK: Seconded. PRESIDENT PRO TEM DOUGHERTY: It’s been moved and seconded we adjourn. Roll call. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM DOUGHERTY: We are adjourned. (Gavel falls) ADJOURNMENT TIME: 8:50 PM ATTEST: NOVEMBER 30, 2012 APPROVED: NOVEMBER 30, 2012 CYNTHIA TIMBERLAKE DAVID R. DOUGHERTY CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM NOVEMBER 26, 2012 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an Absent INVOCATION: David Dougherty, Majority Leader PLEDGE OF ALLEGIANCE: President Pro Tem Dougherty AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#6 - O#9; O#10 Retained in Com m ittee; O#11 W ithdrawn; O#12 Adopted as Am ended) PUBLIC HEARINGS: 7:30 P.M . AMEND ORDINANCE #55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; FOR FULTON LUMBER CO. THE PLANNING COMMISSION HAD RECOMMENDED APPROVAL OF THE SAME AT 2610 HARRISON AVE NW FROM PI-1 (PLANNED LIGHT INDUSTRIAL) TO PB-4 (PLANNED SPECIAL BUSINESS) (5 SPEAKERS) O#195/2012 AS AM ENDED 7:31 P.M . AMEND ORDINANCE #55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY; FOR VICKIE KNAFEL LUNSFORD, THE PLANNING COMMISSION HAD RECOMMENDED DENIAL OF THE SAME AT 1130 W ERTZ AVE SW FROM R1-A (SINGLE FAMILY RESIDENTIAL) TO PR-2 (PLANNED TW O FAMILY RESIDENTIAL) O#196/2012 OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Tom Porter asks why so m any issues are voted on as em ergency yet crim e never seem s to be an em ergency. He hears of m oney being given to private com panies to create jobs but would like the m oney to go towards getting m ore police officers on the roads. Richard Drake says it is 15 years before a tree gives you any benefit and since m any of the trees in the cityscape were planted incorrectly, the city m ay never get the full benefit from them . Trees need to be planted now to help with energy costs for the future. The various types of trees have different life expectancies so the city should plant trees every year to keep the cycles going. The city officials need to watch who is cutting and caring for their trees. Pete DiGiacom o would like Mr. Price to check into a door hanger placed at his hom e by Dom inion East Ohio stating that he needed to contact them within 48 hours to get his m eter read or his gas would be shut off. He did not notice this hanger and feels that this is just not right for them to have the ability to just shut a resident’s gas off. Martin Zawacky is very active in his neighborhood. They m ow lots, they help neighbors, they clean sewer grates and a zone change can be scary to a neighborhood. Marcia Zawacky feels a zone change will not m ake Canton a better place to live.. INFORM AL RESOLUTIONS: 61. COUNCIL-AS-A-W HOLE: COMMENDING DOUG PERRY FOR HIS DEDICATION TO THE COMMUNITY. - ADOPTED 62. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF RHODERICK SIMPSON TO STARK COUNTY REGIONAL PLANNING COMMISSION FROM 11/16/12 - 11/15/15. - ADOPTED COM M UNICATIONS: 408. DEVELOPMENT DIR W ILLIAMS: AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W ITH I2R POW ER CO TO PROVIDE 10 YR, 75% PROP TAX ABATEMENT & CDBG ECONOMIC DEV GRANT BASED ON JOB CREATION. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 409. DEVELOPMENT DIR W ILLIAMS: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED ON 4 TH ST NE FOR JACQUELINE & CARLSTON HEDGESPETH (PARCEL #02-24286, PT LOT #1078). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 410. DEVELOPMENT DIR W ILLIAMS: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION OF SAID PROP LOCATED AT 1136 RICHARD PL NW FOR DEAN & JENNIFER KING (PARCEL #02- 13025, PT LOT #1869 & #1870). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 411. DEVELOPMENT DIR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #1 FOR BROW NFIELD JOB TRAINING GRANT W ITH GOODW ILL INDUSTRIES IN AMT NOT TO EXCEED $25,000.00; REQ SUPP APPROP OF $25,000.00 FROM UNAPPROP BAL 2235 BROW NFIELD JOB TRAINING GRANT TO 2235 506009 BROW NFIELD JOB TRAINING GRANT. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 412. FINANCE DIR DIRUZZA: REQ AMEND APPROP O#220/2011 W ITH VARIOUS APPROP TRANSFERS AND VARIOUS SUPP APPROP SET FORTH IN EXHIBIT A TO PRESERVE INTERGRITY OF COMPENSATED ABSENCES FUND, REQ AUDITOR TO AUTHORIZE & DIRECT PYMT TO COMP ABS FUND. - FINANCE COMMITTEE 413. FINANCE DIR DIRUZZA: REQ AMEND APPROP O#220/2011 W ITH SUPP APPROP AND INTER-FUND TRANSFERS SET FORTH IN EXHIBIT A FOR HEALTH & LIFE INSURANCE FUND. - FINANCE COMMITTEE 414. HEALTH BENEFITS ADMIN MCBRIDE: OCTOBER 2012, MONTHLY COMPARATIVE RPT, INSURANCE CLAIMS. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - NOVEMBER 26, 2012 COM M UNICATIONS CONTINUED: 415. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF C1 C2 LIQ PERMIT FROM MARKET STREET STATION LLC @ 1200 N MARKET ST TO LILO OIL INC DBA BP MARKET ST @ 1200 N MARKET ST. - RECEIVED & FILED 416. SERVICE DIRECTOR PRICE: AUTHORIZE & DIRECT AUDITOR AND/OR SERV DIR TO ISSUE BOND ANTICIPATION NOTES IN AMT NOT TO EXCEED $6,500,000.00 FOR THE PURPOSE OF FUNDING CERTAIN ECONOMIC DEV PROJ IN THE CITY OF CANTON; AUTHORIZE & DIRECT AUDITOR TO ENTER INTO ANY ADDTL CONTRACTS NECESSARY TO FACILITATE THE ISSUANCE OF THE NOTES DESCRIBED ABOVE. - FINANCE COMMITTEE 417. SERVICE DIRECTOR PRICE: APPRVL TO ACCEPT DONATION FROM SARTA IN AMT OF $50,000.00 & ESTABLISH 2450 SARTA AREA IMPROVEMENT FUND FOR PLAYGROUND & W ALKING PATH ON GATEW AY BLVD SE. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE MAYOR AND/OR SERV DIR TO AMEND EXISTING PLAIN TW NSHP - CITY OF CANTON COOP ECONOMIC DEV AGMT (CENTRAL ALLIED); EMERGENCY Referred to Annexation Com m ittee 1 ST RDG 2. AMEND APPROP O#220/2011, AS AMENDED, BY MAKING SUPP APPROP & APPROP TRANSFERS HEREIN DESCRIBED; EMERGENCY (VARIOUS FUNDS INCLUDING SERV DIR, AUDITOR, CIVIL SERV, LAW , JUDGES, FIRE, MOTOR VEHICLES, MAINTENANCE) Referred to Finance Com m ittee 1 ST RDG 3. AUTHORIZE SAF DIR TO ENTER INTO AGMT W ITH STARK COUNTY EMERGENCY MGMT AGENCY TO RCV REIMBURSABLE GRANT IN AMT UP TO $92,250.00 FOR PURPOSES OF INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROG (IECGP) & PURCHASE UP TO $123,000.00 W ORTH OF EQUIP FROM MOTOROLA PURSUANT TO O.R.C. SECTION 125.04; AMEND APPROP O#220/2011 FOR $90,000.00 FROM UNAPPROP BAL 4502 DMV TO 4502 103501 CENTRAL COMM ADMIN - OTHER; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 4. AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR, ENTER INTO CONTRACT FOR & RCV FUNDS FROM MUSKINGUM W ATERSHED CONSERVANCY DISTRICT THROUGH ITS LOCAL GRANT PROG; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE SERV DIR TO ENTER INTO LONG-TERM AGMT W ITH AMERICAN LANDFILL, INC. FOR LEACHATE & SLUDGE DISPOSAL; EMERGENCY Referred to Finance Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#6 - O#9; O#10 RETAINED IN COMMITTEE) 2 ND RDG 6. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W /AMBAFLEX MANUFACTURING INC TO PROVIDE REAL PROP TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON LOCAL BD OF ED AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82 (C) OF REVISED CODE; EMERGENCY (C&ED) 2 ND RDG 7. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CDBG ECONOMIC DEV GRANT W /AMBAFLEX MANUFACTURING INC; EMERGENCY (C&ED) 2 ND RDG 8. AUTHORIZE SERV DIR TO ACCEPT PRICE QUOTE & PURCHASE NATURAL GAS ENGINE FOR CITY OF CANTON’S 2412 - 13 TH ST NW LIFT STATION; EMERGENCY (PPCI) 2 ND RDG 9. AUTHORIZE SERV DIR TO ENTER INTO ONE-YEAR COMPREHENSIVE NETW ORK SERVICE AGMT W /ACLARA RF SYSTEMS INC IN AMT NOT TO EXCEED $28,080.00 TO PROVIDE SYSTEM & SOFTW ARE MAINTENANCE FOR CANTON’S EXISTING AUTOMATED METER READING SYSTEM; AMENDING APPROP O#220/2011 BY MAKING $16,848.00 & $11,232.00 SUPP APPROP; EMERGENCY (FIN) 2 ND RDG 10. RETAINED IN COM M ITTEE AUTHORIZE SAF DIR TO ENTER INTO PROF SVCS AGMT W /REDFLEX TRAFFIC SYSTEMS INC FOR IMPLEMENTATION OF AN AUTOMATED PHOTO TRAFFIC ENFORCEMENT PILOT PROGRAM IN LIMITED AREAS OF CITY (JUD) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: W ITHDRAW N11. POSTPONED FROM 8/27/12 REPEALING THE INITIATED ORDINANCE ADOPTED BY THE ELECTORS OF CITY IN 1920 ESTABLISHING THE BOARD OF PARK COMMISSIONERS & DISSOLVING SAID BOARD; REPEALING SECTION 539.15, PARK POLICE, OF CHAPTER 530, PARKS & PLAYGROUNDS, OF CODIFIED ORDINANCES CANTON CITY COUNCIL AGENDA - PAGE 3 - NOVEMBER 26, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: AS AM ENDED 195/2012 12. AMEND ORDINANCE #55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (2610 HARRISON AVE NW FOR FULTON LUMBER CO. FROM PI-1 (PLANNED LIGHT INDUSTRIAL) TO PB-4 (PLANNED SPECIAL BUSINESS) PUB HRG 11/26/12 @ 7:30 PM 196/2012 13. AMEND ORDINANCE #55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1130 W ERTZ AVE SW FOR VICKIE KNAFEL LUNSFORD FROM R1-A (SINGLE FAMILY RESIDENTIAL ) TO PR-2 (PLANNED TW O FAMILY RESIDENTIAL) PUB HRG 11/26/12 @ 7:31 PM 197/2012 14. AMEND APPROP O#220/2011; EMERGENCY ($15,000.00 FROM UNAPPROP BAL 2767 COMM SANCTIONS GRANT FUND TO 2767 701001 COMM SANCTIONS GRANT - PERSONNEL) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, DECEM BER 3, 2012 in Council Caucus Room at 6:30 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Public Property Capital Im provem ent Com m ittee 4) Annexation Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli asked the Mayor about all of the errors in the Canton Connection. The dates of Council m eetings are incorrect and she has received calls from constituents questioning the inform ation. Clerk Tim berlake states the inform ation was proofread and the Council calendar was sent up to the Mayor’s office. Mem ber Cirelli also asking Tom Burns from the Law Departm ent about her request of the CCIC inform ation that she has not yet received. ADJOURNM ENT: 8:50 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, DECEM BER 3, 2012 @ 7:30 PM

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