City Council
Regular MeetingCanton, OH · February 11, 2013
Minutes
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -83-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. It’s
good to be back and healthy. With a quorum being present, the Chair calls this meeting of Canton City
Council to order. Roll call please Madame Clerk.
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.
CLERK TIMBERLAKE: All present Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight our invocation will be given by Ward 5
Council Member Kevin Fisher. Would you all stand and remain for our Pledge of Allegiance.
The regular meeting of Canton City Council was held on February 11, 2013 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 Ward 5 Council Member, Kevin Fisher. The Pledge of Allegiance led by President
Schulman.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Thank you very much Member Fisher. Leader.
MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances #2
through #16.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading
Ordinances 2 through 16 to this evening’s Agenda. Are there any remarks? Hearing none, Madame Clerk,
roll call please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk, Rule 22A is suspended and the Ordinances are a legal
part of your agenda.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: We turn to Public Hearings, we have no Public Hearings this evening.
OLD BUSINESS
PRESIDENT SCHULMAN: Under Old Business, do we have any? We have none according to the Mayor’s
Chief of Staff, Warren Price?
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -84-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PUBLIC SPEAKS
PRESIDENT SCHULMAN: We are now going to Public Speaks. We do have four speakers signed up this
evening. Our first speaker is Andrew Black. Mr. Black, good evening as always, welcome. And if you’ll
give us your name and your residential address please.
ANDREW BLACK: Thank you, my name is Andy Black. I’m a resident of Canton. I live at 3913 Market
Avenue North and I’m the President of the Canton City Park Commission. I’m here tonight to address
Council and urge you to adopt the Ordinance that will replace a 4 mill levy on the November general election.
With Council’s approval, this 4 mill levy will generate approximately 2.9 million dollars that will serve to
fund the Canton Park’s operations of 1.3 million and allow about half a million dollars each to be allocated
towards the Peel Coleman Community Center and the Babe Stearn Community Center to address their
operational needs. The remainder of the funds are around $600,000.00 would be used as capital to improve
and update the parks as well as these community centers. We’ll work with Council, the neighborhood
associations and the public in general to prioritize those needs and make those improvements. This is the first
step towards a three step program. We’ve worked with the Canton Joint Recreational Committee, the Canton
City Schools, Babe Stearn Community Center as well as the Edward Peel Coleman Center to develop this plan
and if adopted here tonight and passed in November, we would work then with Canton Joint Recreational
Committee to work out plans in details of how at the end of this levy, which would be passed for three years,
it would coincide with their levy expiration of 2016. We would then seek to create a joint entity, I’ll call that
a Joint Canton Recreational....Park and Recreational Committee that would then seek a levy in 2016 to fund
all of these entities and put under one joint entity all of the community needs. We think this is a good plan,
it’s universally endorsed by all of these entities and I think it’s a right step to move Canton forward. And I’d
like to quote something that was in the Repository back in January written by Charita Goshay. And what she
said when talking about the Mother Gooseland that people miss the point of what that was all about in trying
to improve it. She said “you can tell how much people value the place where they live by the way it looks
because everything is connected. The more loss that is tolerated, the more it grows and apathy results in assets
that can’t be replaced. A successful City is a place where people want to be, not a dead end from which they
can’t escape, cities should be islands of opportunities and possibilities.” I ask you tonight to support this levy
and work with us in November to pass this levy. Thank you.
PRESIDENT SCHULMAN: Thank you Mr. Black, very much. Obviously we wish you the best, you’re doing
a great job for our community and we thank you. Our next speaker is Mary Beth Medford. Ms. Medford,
good evening. Welcome to Canton City Council. If you’ll give us your name and your residential address
please.
MARY BETH MEDFORD: Yes, my name is Mary Beth Medford. I live at 3827 Westview Avenue, Canton,
Ohio 44709. Good evening, I’m as I said Mary Beth Medford. I serve on the Board of Directors as
Membership Chair for the Canton Palace Theatre Association. Since November 2012 volunteers and board
members from the Palace Theatre have been reaching out to community leaders, citizens, businesses,
organizations to join the Palace Theatre Association as an individual or corporate member. As we near the
end of our first of two membership drives for this fiscal year, I’m here once again to encourage City Elected
Officials to become members of the Palace Theatre. I would like to thank Allen Schulman, Mary Cirelli,
James Babcock, Joe Cole and R.A. Mallonn for joining the Palace Theatre Association as members since we
have reached out to them in our fall and winter campaign. Hopefully I’ve recognized the ones who are current
members. Also, I’d like to thank Mr. Schulman for his support by participating with the 2012 Canton,
Dancing With The Canton Stars this last November at the Palace. I know that you are aware that this 86 year
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -85-
MINUTES OF THE MEETING FEBRUARY 11, 2013
old icon received much needed updating through our capitals improvement project along with successfully
obtaining grants. These funds obtained can only be used for the building’s upkeep. Again, I would like to
thank Mary Cirelli for her generous donation for our capital improvements project. The only operational
funds are funded yearly, only through our corporate and individual memberships and profits after cost of
hosting over 300 events per year. Currently, we have 500 individual members and 20 corporate members.
Georgia Paxos, our Executive Director, Chris Leshell, our Facility Staffer and Chip Conde, our Palace Theatre
Association of Board President have worked diligently to keep operational costs down. However, with rising
operational costs of maintaining and holding events, it requires more funding. Increasing the Palace Theatre
memberships are crucial for our...to raise funds. Brochures were sent to you and it listed many of our levels
that we have. One starting at only $25.00, don’t worry I brought more and I’ll leave them with you. The
Palace Theatre is literally and figuratively the cornerstone of the downtown Art’s District. It’s marque burns
brightly 60 feet above Market Avenue, welcoming all to enter it’s grand foyer and become part of Canton’s
nostalgic past. Your name can burn brightly along with other Elected Officials, such as Janet Weir Creighton,
Keith Bennett, Dixie Parks, Alan Harold, Julie Edwards, Rosemary Hall and more with a gold star
membership. Just a couple footnotes about the Palace, the kilgore pipe organ is only one of two in this
Country in theatre houses today. The other one is in California. Also, the Palace Theatre silver screen
remains the largest movies screen in Stark County. The Canton Palace Theatre Association maintains the
architectural integrity of the historical theatre and partners with others to present cultural entertainment and
educational experience for our community. Join our mission. I encourage you as elected leaders of our
community to keep the organ music flowing, the ceiling stars sparkling, the marque lights burning brightly by
becoming an individual, corporate or both, members of the Canton Palace Theatre Association. Thank you for
this opportunity to speak to you tonight.
PRESIDENT SCHULMAN: Thank you very much Ms. Medford. Thank you for your public commitment and
there’s no question the Palace is a treasure and I would encourage all of us to join. Although, you did mention
all the people that were sponsors were Republican, so that’s the only thing I couldn’t figure out. In any case,
Ed Rehfus you’re next. If you’ll step forward and give us your name and your residential address please. I
don’t know why I thought that was a lot funnier when I was thinking about it. (Laughter)
ED REHFUS: It was really funny sir.
PRESIDENT SCHULMAN: Good evening, give us your name and your residential address please.
ED REHFUS: My name is Ed Rehfus, I live at 3123 Fulton Drive NW, Canton, Ohio 44718. I’m here to
speak on behalf of the...of the potential park levy that Andy Black spoke about. I work for the Canton City
Schools. I’m the Director of Sports Recreation and Physical Education and I began my work on this
committee to...which ultimately ended up possibly reforming parks and recreation in Canton. I began my
work in...in August looking at the programming that we offer our Canton City School students and trying to
find a way that we could partner with the Recreation Department, involve youth leagues, the community
centers...our work has lead us to...to a point that we...City Council is being asked to consider putting on a 4
mill levy to support the park...the park’s program with the ultimate goal down the road of merging parks and
recreation. Without question, the funds can be used for a variety of reasons and as Andy talked about seeking
public infor....public support, poling the public on how they want to spend the...the levy money. We’re
looking for better parks, safer parks, improved facilities and then money to have for capital improvements.
Without question, a strong park system and ultimately a park and recreation system will keep our residents and
attract new residents. We believe it will be a benefit to all and certainly, I represent the Canton City Schools
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -86-
MINUTES OF THE MEETING FEBRUARY 11, 2013
and am speaking on behalf of our students, we will certainly make use of the parks and the recreation centers.
So, again we would ask your consideration to place this levy on the ballot. And I thank you for your time.
PRESIDENT SCHULMAN: Thank you very much sir. Thank you for all you do Mr. Rehfus with our young
people in the community. Our last speaker, I hope I’m pronouncing your last name right, Michael Poteet. Did
I get that correct?
MICHAEL POTEET: Yes sir.
PRESIDENT SCHULMAN: Okay good, if you’ll give us your name and your residential address sir and
welcome.
MICHAEL POTEET: I’m Michael Poteet, from 626 Walnut, Canton, Ohio. I’m from Gifts from
God.Foundations. We’re a ministry, which we turned into a community impact program to...to reach out to
the homeless people, not with just money but to what their needs are, to meet their needs because there’s too
many of them that don’t have hope because nobody will talk to them or...and we’re trying to establish shelters
and the...for the people that are on alcohol, they get turned away and end up sleeping in abandoned houses
because they had a drink and they can’t go in the shelter. Which we’re trying to rehabilitate, you know, we
know we can’t do every single person but there’s people our there that want to try to be rehabilitated. And I
just wanted to say that...to tell you that we’re out there in the streets and we’re trying to do...to take care of,
you know, as much as we can. And the more we reach out to another person, they see that and they want to do
the same. And it’s just about, we need to start reaching out to them, not giving them a dollar but...but just
listening to what they need, you know, and lead them to where they need to go. Because some of them just
need referrals a lot of times. I’ve been out there probably about a year now and walking in the streets, just
talking to every single homeless person I could find and just to find out what the problem is in the community.
And I believe what the files of community is people that aren’t helping in the community reach out for the
people that need help. And...just these people are...I mean, the food stamp drop, I believe that, that was the
right thing to do because a lot of people do use their food stamps for the wrong purposes, I understand that.
And we...we just need to get back into the reaching out to people and establishing a way together in the
community to...to get these people to understand that there is people out there that care for them and that
we’re out there in the streets and there’s many members of the community and we’re spreaded throughout
Stark County, members of this ministry and just getting out there to help people and it hasn’t taken much
money at all. It has taken the word of love to them and that’s all it cost. That’s all I wanted to say.
PRESIDENT SCHULMAN: Thank you very much sir. Thank you. And Mr. Poteet, the name of your
ministry again? I’m sorry.
MICHAEL POTEET: (Inaudible from the audience)
PRESIDENT SCHULMAN: Great, thank you. Thank you for all you do for our community. We appreciate
it. And thanks again to all of speakers coming down tonight.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have two. Madame Clerk, would
you please begin with Informal Resolution 12.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -87-
MINUTES OF THE MEETING FEBRUARY 11, 2013
#12. COUNCIL-AS-WHOLE: AMEND COUNCIL RULE #2 “REGULAR MEETINGS” TO ADD A
MARCH 4, 2013 COUNCIL MEETING AND CANCEL THE MAY 6, 2013 COUNCIL MEETING. -
ADOPTED
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we adopt Informal Resolution 12.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 12. Any
remarks? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #12 PASSED BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. The motion carries and the Resolution is adopted. Resolution
13 please Madame Clerk.
#13. COUNCIL-AS-WHOLE: CONGRATULATING ST. HARALAMBOS GREEK ORTHODOX
CHURCH ON THEIR 100TH ANNIVERSARY. - ADOPTED
PRESIDENT SCHULMAN: Leader.
MEMBER DOUGHERTY: Mr. President, I move that we adopt Informal Resolution 13.
MEMBER GRIFFIN: Seconded.
MEMBER CIRELLI: Mr. Chairman.
PRESIDENT SCHULMAN: Yes, it’s been moved and seconded. Any comments? Member Cirelli.
MEMBER CIRELLI: Thank you Mr. Chairman. Yesterday I attended and gave them the Resolution from City
Council. There was over 450 people there and they were very, very pleased that...that someone from the City
was there to acknowledge them. And it was great because I’m sure some of the people remember when the
church was split in two and then taken up Market Avenue and put together on 25th Street. As a matter of fact,
one of the priests said “You know, they say churches are splitting apart but in this case, we can say this one
actually came back together.” He drew quite a bit of applause. So, they were very appreciative of the
Resolution. So, I just want to thank everybody for supporting that. Thank you sir.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? One hundred years, that’s quite
an accomplishment. All those in favor signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #13 PASSED BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it, the motion carries. The Resolution is adopted.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -88-
MINUTES OF THE MEETING FEBRUARY 11, 2013
COMMUNICATIONS
PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all Communications
are received as read.
NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE
IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED
FEBRUARY 11, 2013.
66. CHIEF RICH: 2011 CANTON FIRE DEPT ANNUAL REPORT. - RECEIVED & FILED
67. DEVELOPMENT DIR WILLIAMS: REQ $24,154.83 SUPP APPROP FROM UNAPPROP BAL OF
2235 BROWNFIELD JOB TRAINING GRANT TO 2235 506009 BROWNFIELD JOB TRAINING
GRANT. - FINANCE COMMITTEE
68. GILL, MICHAEL, PRESIDENT SID: PETITION FOR RENEWAL OF THE DOWNTOWN
CANTON SPECIAL IMPROVEMENT DISTRICT LEVY. - RECEIVED & FILED
69. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DEPT TO PREPARE NECESSARY
LEGISLATION TO RENEW THE SID LEVY FOR 4 YRS. - JUDICIARY COMMITTEE
70. MAYOR HEALY: ADVISE OF APPT OF RABBI JOHN ADLAND TO AREA AGENCY ON
AGING AREAWIDE ADVISORY COUNCIL. - RECEIVED & FILED
71. MAYOR HEALY: AUTHORIZE RE-APPT OF RON BERGER AS PLUMBING CONTRACTOR
TO CANTON CONSTRUCTION BOARD. - PERSONNEL COMMITTEE
72. RULES CHAIRMAN DOUGHERTY: PURSUANT TO “RULES OF COUNCIL” RULE #46,
AMENDING THE RULES, UPDATING A FEW MINISTERIAL CHANGES. - RULES
COMMITTEE
73. SAFETY DIRECTOR REAM: AUTHORIZE CHIEF RICH & CANTON FIRE DEPT TO DONATE
30 PAIRS OF FIRE BOOTS, 26 FIRE JACKETS, 23 FIRE PANTS AND VARIOUS EMS
SUPPLIES NO LONGER VIABLE TO CANTON FIRE DEPT TO THE HONDURAS FIRE DEPT. -
FINANCE COMMITTEE
74. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO PAY TWO MORAL OBS FOR
OXYGEN RENTALS IN THE AMTS OF $130.20 & $203.48 TO LIFE GAS. - FINANCE
COMMITTEE
75. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO
DESIGN CONTRACT FOR FAIRCREST SANITARY SEWER PROJ, GP 1142 WITH CTI
ENGINEERS, INC.; AUTHORIZE AUDITOR TO ESTABLISH & CREATE THE 5401 FUND (HB
487 SANITARY SEWER PILOT PROG) TO TRACK REVENUES AND EXPENDITURES; MAKE
$690,892.16 SUPP APPROP FROM 5410 (SANITARY SEWER OPERATING FUND) UNAPPROP
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -89-
MINUTES OF THE MEETING FEBRUARY 11, 2013
BAL TO 5401-202010 (HB 487 SANITARY SEWER PILOT PROG - ENGINEERING DAILY
OPERATIONS); MAKE $93,499.42 APPROP TRANSFER FROM 5401-202010 (HB 487
SANITARY SEWER PILOT PROG - ENGINEERING DAILY OPERATIONS) TO 5401-202061
(HB 487 SANITARY SEWER PILOT PROG - I77/FAIRCREST ANNEX, SANITARY SEWER
PROJ, GP 1142). - FINANCE COMMITTEE
76. SERVICE DIRECTOR PRICE: REQ CERTIFICATION OF LIST OF PROPERTIES MAINTAINED
BY CITY STREET DEPT DURING 2012 AND PRESENTED TO STARK COUNTY AUDITOR
FOR REAL ESTATE TAX ASSESSMENT. - FINANCE COMMITTEE
77. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX
FOR JANUARY 2013. - RECEIVED & FILED
78. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JANUARY 2013. -
RECEIVED & FILED
79. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 1/31/13. -
RECEIVED & FILED
80. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 1/31/13. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: Now we turn to Ordinances for their 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:
#1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND
DECLARING THE SAME TO BE AN EMERGENCY ($30,000.00 - 2760 102001 POLICE
ADMIN - PERSONNEL)
Referred to Finance Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: Now we turn to Ordinances for their Second Reading. Madame Clerk would you
please begin with Ordinance 2.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #2
THROUGH #16 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#2. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $1,762.00
TO BLACK, MCCUSKEY, SOUERS & ARBAUGH; AND DECLARING THE SAME TO
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -90-
MINUTES OF THE MEETING FEBRUARY 11, 2013
BE AN EMERGENCY
ND
#3. (2 RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $2,700.00 TO US
EVALUATIONS, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY
#4. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $167.00 TO
PREMIER COURT REPORTING; AND DECLARING THE SAME TO BE AN
EMERGENCY
#5. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS
5213 THRU 5221, 30051, PART OF LOT 30052 AND PARTS OF OUT LOTS 351 AND
72; AND DECLARING THE SAME TO BE AN EMERGENCY (1138 CAMDEN AVE
SW - SIMON WARSTLER)
#6. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO CONTRACT WITH THE YOUNG MEN’S CHRISTIAN
ASSOCIATION (YMCA) IN AN AMOUNT NOT TO EXCEED $50,000.00 FOR THE
OVERALL MANAGEMENT AND SUPERVISION OF THE FACILITY AND
PROGRAMMING AT THE EDWARD “PEEL” COLEMAN COMMUNITY CENTER;
AND DECLARING THE SAME TO BE AN EMERGENCY
#7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012, AS
AMENDED, BY MAKING THE APPROPRIATION REDUCTIONS HEREIN
DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (NSP, NSP3,
HOME & BYRNE GRANTS)
#8. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL
SERVICES CONTRACT WITH BLACK, MCCUSKEY, SOUERS & ARBAUGH IN AN
AMOUNT NOT TO EXCEED $45,000.00 TO PROVIDE SPECIALIZED LEGAL
ASSISTANCE WITH WORKERS’ COMPENSATION CASES; AMENDING
APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE
AN EMERGENCY ($45,000.00 6010 WORKERS’ COMP FUND TO 6010 501101
HUMAN RESOURCES - OTHER)
#9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A
CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THE MILL STREET SE
SANITARY SEWER REPLACEMENT, GP 1188 AND TO ENTER INTO A
COOPERATIVE AGREEMENT WITH THE BOARD OF STARK COUNTY
COMMISSIONERS, IF NEEDED TO REIMBURSE CANTON FOR A PORTION OF THE
WORK; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND
DECLARING THE SAME TO BE AN EMERGENCY ($350,000.00 5410 SANITARY
FUND TO 5410 206311 SANITARY FUND)
#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $1,585.44 TO
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -91-
MINUTES OF THE MEETING FEBRUARY 11, 2013
BEAVER EXCAVATING, INC.; AND DECLARING THE SAME TO BE AN
EMERGENCY
#11. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A
CONSTRUCTION CONTRACT FOR THE CONSTRUCTION OF THE ALLENFORD
DRIVE SANITARY SEWER REPAIR, GP 1114 (SEWER BYPASS); AND TO ENTER
INTO A COOPERATIVE AGREEMENT WITH THE BOARD OF STARK COUNTY
COMMISSIONERS AND THE CITY OF NORTH CANTON, TO REIMBURSE CANTON
FOR A PORTION OF THE WORK; AMENDING APPROPRIATION ORDINANCE NO.
209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($220,000.00 5410
SANITARY FUND TO 5410 206310 SANITARY FUND)
#12. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO
ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT(S) TO COMPLETE
DEMOLITIONS; AND DECLARING THE SAME TO BE AN EMERGENCY
#13. (2ND RDG) AN ORDINANCE AMENDING SECTION 181.14, ALLOCATION OF FUNDS, OF THE
CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY
#14. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND
ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000.00, FOR THE PURPOSE OF
PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING
PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH
AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES
AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR
REUSE OF LANDS WITHIN THE CITY
#15. (2ND RDG) ADOPTED AS ORDINANCE NO. 19/2013 AN ORDINANCE AMENDING
ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY
($20,000.00 UNAPPROP BAL 2327 LEAD ASSESSMENT FUND)
PRESIDENT SCHULMAN: Leader.
MEMBER DOUGHERTY: Mr. President, I move that we suspend the Statutory Rules for Ordinance #15.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 15. Are
there any remarks? Hearing none, Madame Clerk, by voice vote, roll call vote....or I’m sorry, roll call vote.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -92-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader, you’ve heard the three
readings.
MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Hearing
none, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
#15 ADOPTED AS ORDINANCE NO. 19/2013
PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 15 is adopted. Ordinance 16 please.
#16. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 20/2013 A FINAL RESOLUTION
ADOPTING PLANS, AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO COOPERATE WITH AND REQUEST THE DIRECTOR OF
TRANSPORTATION TO PROCEED WITH THE REHABILITATION OF THE EXISTING
ARCH BRIDGE CARRYING STATE ROUTE 172 OVER THE EAST BRANCH OF
NIMISHILLEN CREEK AND THE COMBINING OF TWO EXISTING PARALLEL
SANITARY SEWER SYSTEMS INTO ONE WITHIN THE CITY OF CANTON AND
ENTER INTO CONTRACT; AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move that we suspend the Statutory Rules for Ordinance 16.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 16.
Are there any remarks? Hearing none, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. Now we need to turn
Ordinances and...Thank you Madame Clerk.
MEMBER DOUGHERTY: Mr. President.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -93-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PRESIDENT SCHULMAN: Yes, Leader...Oh, I’m sorry, you’ve heard the three readings, that’s why I should never
go on vacation.
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Jeeze, I’m sorry I lost my
place.
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER DOUGHERTY: I move we adopt Ordinance 16.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks?
MEMBER DOUGHERTY: Mr. President...Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER DOUGHERTY: I move we amend Ordinance 16 by the Amendment in front of everyone.
MEMBER GRIFFIN: Seconded.
AMENDMENT
Pursuant to Rule 36, I move to amend the caption and first WHEREAS clause to Agenda Item No. 16 by
amending the language “over the east branch” to read “over a branch.”
PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance16. Are there any remarks?
Hearing none, by voice vote all those in favor, signify by saying aye. Those opposed no.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. Leader.
MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 16 as amended.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16 as amended. Any
remarks? Hearing none, Madame Clerk roll call vote please.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -94-
MINUTES OF THE MEETING FEBRUARY 11, 2013
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
#16 ADOPTED AS AMENDED AS ORDINANCE NO. 20/2013
PRESIDENT SCHULMAN: Thank you Madame Clerk. And Ordinance 16 as amended is adopted.
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: Now we turn to Ordinances and Formal Resolutions for the their Third and Final
Reading and vote. Madame Clerk, would you begin with Ordinance 17 please.
#17. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 21/2013 A RESOLUTION TO
SUBMIT BEFORE THE ELECTORATE OF THE CITY OF CANTON A 4.0 MILL LEVY
OUTSIDE THE 10 MILL LIMITATION FOR THE CANTON PARK SYSTEM FOR A
PERIOD NOT TO EXCEED THREE YEARS
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks?
MEMBER DOUGHERTY: Mr. President.
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Leader.
MEMBER DOUGHERTY: I move we amend Ordinance 17 per the Amendment in front of all Members.
MEMBER GRIFFIN: Seconded.
AMENDMENT
Pursuant to Rule 36, I move to amend Agenda Item No. 17 by the substitution of the attached revised ordinance
for the proposed current ordinance.
PRESIDENT SCHULMAN: Moved and seconded that you amend the Ordinance 17 per the copy before each of
you. Any remarks on the Amendment? Hearing none, by voice vote all those in favor, signify by saying aye.
Those opposed no.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -95-
MINUTES OF THE MEETING FEBRUARY 11, 2013
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader.
MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 17 as amended.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17 as amended. Any
remarks? Member Cirelli.
MEMBER CIRELLI: Thank you Mr. President. Question to the Chief of Staff, what is the budget for the park right
now sir?
PRESIDENT SCHULMAN: Director.
SERVICE DIRECTOR PRICE: Thank you. I didn’t prepare the budget this year and it’s not under my appointing
authority but I think it’s around 1.2 million...I think....1.2 million roughly.
MEMBER CIRELLI: I...I and Mr. President, I see Mr. DiRuzzo, maybe I should have directed the question to you
sir. I apologize if I was incorrect. 1.2 million. Thank you.
PRESIDENT SCHULMAN: You’re welcome. Any other remarks.
MEMBER CIRELLI: Yes sir. I have a hard time and I read this over for the simple reason nothing states that, that
money from the park levy will continue to go into this new 4....4 mill levy for the parks. So, it’s kind of going to
beef up the general fund because that’s where the money comes from and this is for three years and I believe Mr.
Price, would you tell us when the Rec levy is...is done?
PRESIDENT SCHULMAN: Director.
SERVICE DIRECTOR PRICE: I understand they expire at the same time.
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: Expires as the same time of what sir? The recreation levy.
SERVICE DIRECTOR PRICE: Both the recreation levy and parks levy would expire at the same time.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -96-
MINUTES OF THE MEETING FEBRUARY 11, 2013
MEMBER CIRELLI: Question to Mr. Martuccio. What...how long does a park levy go for now?
PRESIDENT SCHULMAN: Law Director.
MEMBER CIRELLI: Not the park, the rec levy sir.
LAW DIRECTOR MARTUCCIO: The joint rec......
MEMBER CIRELLI: The joint recreation
LAW DIRECTOR MARTUCCIO: Member Cirelli, I believe that the joint recreation district levy is a five year levy,
I could be mistaken....five years. And this...this levy before Council is a separate levy designed for separate reasons.
Potentially to expire at the same time. So, as Mr. Black and Mr. Rehfus described for Council, this Committee
would keep working to come up with a plan to combine all of these entities to be sort of one stop shopping as the
Mayor put it...put that committee together.
MEMBER CIRELLI: Thank you Mr. Martuccio. And...excuse me...Mr. President, with the 1.2 million dollars in
the Park Department, I think that should go...stay in the Park Department and I think this would be more palatable
to the general public if it was a 2.2 mill levy that we’re passing here tonight. So, therefore sir, I can’t support it
because I think it’s.....
MEMBER WEST: Mr...Mr.
MEMBER CIRELLI: ....a little bit too much tax. Thank you.
MEMBER WEST: Mr. President.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Member West.
MEMBER WEST: Let me understand Member Cirelli. Are you saying you would want to put the 1.2 million
dollars that we were going to take and put towards safety, hiring more officers and those type of things to put it back
into the Park Department and that’s why you’re not supporting the levy? I’m....I’m lost on that because we can
always take the 1.2 million and we can legislate it where we want it to go next year if this passes. But the 4. levy
from my understanding is to be able to beef up our parks and to beef up our community centers. So, I guess I’m lost
on, the 1.2 million is not part of this Ordinance. So, help me understand that.
MEMBER CIRELLI: Mr. President, if I might.
PRESIDENT SCHULMAN: Member Cirelli, sure.
MEMBER CIRELLI: That is only speculation that, that will happen. I don’t trust, no disrespect but I do not trust
the Administration that they will do what...what they said. And it’s not written into the levy that, that’s....1.2
million dollars will go to the police to beef up the police.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -97-
MINUTES OF THE MEETING FEBRUARY 11, 2013
MEMBER WEST: Mr....
PRESIDENT SCHULMAN: Yes, Member West.
MEMBER WEST: This Ordinance is, in my understanding is a 4. levy is, that’s for the park and that’s going to
stand alone, that’s not going to the general fund, that’s not going to any other Council fund, that’s going to be for
the parks to maintain. So, that’s under the parks. So all of that money that comes into that levy is going to that
fund, which is separate from the general fund. The...the 1.2 million that we currently fund the Park Department
will, some of that money is going...is coming out of Community Development, that will go back to Community
Development so it can fix up our neighborhoods like it was intended to do. And my understanding is the rest of that
money that we were looking at putting into the safety fund is going to go to, we were hoping that it would go to the
Police Department or the safety forces. But we can legislate that at another time. That’s not a part of this
Ordinance though.
MEMBER CIRELLI: Mr. President....
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: ...and Councilman West, I know that’s not part of this Ordinance. Had it been part of this
Ordinance, stating that, that’s what would become of the money, I could live with that sir. But it is indeed not. And
it will not go...it will go into the general fund then the Administration can do with it what it pleases. And so for,
they seem to have a track record of not putting the money where we need it. Now, everybody this is my opinion and
I’m entitled to that. I think it will be eaten up into the general fund and I cannot trust the Administration that
they’re going to put it to the police and safety and that money does not...will not go to the centers, that money so far
that’s went to the centers this year, the first time ever that I know of in this Body or since I’ve been around for quite
a few years, Babe Stearn just got $75,000.00 last year and that was the first time in a number of years that, that
center required any money.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Anything else Member West?
MEMBER WEST: Yes, just one last comment. And you do have...that’s your right to vote the way you chose to
but let me remind this Council that we pass the budget. So, if the Mayor wanted to take the 1.2 million dollars, if
we wanted to take the 1.2 million dollars and put it towards the park, we could chose to do that. But we vote on that
budget each and every year. So, that’s something that we...and I...I just frankly believe that this Council...it’s time
for us to make a bold statement towards our children and...and our...our community as a whole. We need to
improve those parks, we need to improve our community centers and until we do such, you know, our City will
continue to be as it is. It’s easy to vote no, it’s hard to make decisions like yes and support it. And I think this is a
bold action and we need to take that bold action collectively, as a whole Council, supporting our kids and our
families. That’s just my opinion. Thank you.
PRESIDENT SCHULMAN: Thank you Member West. Any other....
MAYOR HEALY: Mr. President.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -98-
MINUTES OF THE MEETING FEBRUARY 11, 2013
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: I’m sorry, Member...Mayor...Mayor Healy.
MAYOR HEALY: Yes, thank you. I’d just like to remind this Council that Council is not voting to raise taxes or to
raise a millage. Council is voting to put this on the ballot to let the people decide. That’s what this proposal is
about. This is a proposal from the Park Board and it will protect the Park Department, recreation services of the
City of Canton as proposed by that Board. The freeing up of general fund dollars, it’s up to Council where to spend
that money and I’d like to remind you Councilman Cirelli that it’s Council who decides where the money is spent
and you would think that as long as you’ve been here that you would understand that. Thank you.
PRESIDENT SCHULMAN: Thank you Mayor.
MEMBER CIRELLI: Mr. President, Mr. Mayor....
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: ...I do understand that sir but I also know that this Honorable Body has not ever changed
anything or went and came forward and said “we’re going to send money here or we’re going to send money there,”
they’ve accepted so far your budget that you have prepared, which I did not support with good reason. So, no
matter how you try to word it sir, and I can deal with your rudeness and your crudeness. I think this is far too much
that we’re asking of the taxpayers out there. If it was a .2 mill levy, I could support it. Thank you.
PRESIDENT SCHULMAN: Thank you. Member Fisher.
MEMBER FISHER: Mr. President.
PRESIDENT SCHULMAN: Member Fisher.
MEMBER FISHER: I...I did want to take a minute to...to thank everybody who’s involved in this. And in
particular, I’m going to start with the Mayor and then go through the Members of Council. Member West I believe
was on this committee along with Chairman Griffin. The schools, parks, recreation, it’s....it’s really...it’s...it’s
unbelievably difficult to get, you know, more than one subdivision or Governmental entity to work together on
anything and to...for th...this proposal that was brought forward, the Mayor put everybody in a room and kind of let
this thing get hammered out, you know, I stayed in constant contact with..with the Babe Stearn Center from my
Ward. This also does, should this pass, does wonderful things as far as securing the funding for the Peel Coleman
Center, along with the parks. I grew up in the Babe Stearn Center myself and so recreation centers everywhere are
near and dear to my heart. I love the...to give the voters the option to be able to shore up our parks, to free up that
money out of our general fund but also take care of these community centers. So, I will happily support this and I
do want to thank everybody who put in months of hard work on it. Thank you.
PRESIDENT SCHULMAN: Thank you Member Fisher. Member Morris.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -99-
MINUTES OF THE MEETING FEBRUARY 11, 2013
MEMBER MORRIS: Thank you President Schulman. I’d like to echo what Kevin said. I had the opportunity to sit
in on a few of the meetings and it was really tough at first when the groups came together because it was a turf war.
But ultimately as representatives of our Ward, we’re here to represent our Wards and the best way to represent your
Ward at this point is give them the opportunity to vote on this. If the people in Canton don’t want it, then when
they go to the polls they’ll vote no. It....it’s a matter of putting it back to the people and let them voice their opinion
on it. Thank you.
PRESIDENT SCHULMAN: Thank you Member Morris. Member Smith.
MEMBER SMITH: Mr. President, I really couldn’t sit here without saying anything especially when it comes to the
Edward “Peel” Coleman Center and...because that is the hub of the southeast area. It is a vital asset to that
community and anytime that you got an opportunity to sustain that building, I would hope that the people vote for it.
And I really wish that you would support it also Mary and it is something that is greatly needed. So, I’m asking
Council to support it and to go out and tell your residents to support it and vote on it. Thank you.
PRESIDENT SCHULMAN: Thank you Member Smith. Any other remarks?
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: I just want to say to my fellow Members and since Member Smith mentioned the Edward
“Peel” Coleman Center, I think this Honorable Body has done a wonderful job in...in taking care of that center and
this is the first time like you said, they finally did give some money to the Babe Stearn Center. So, I think that
would continue with a .2 mill levy and there’s still other monies that will come out of there because I did speak to
Mr. Williams and he could not assure me that we will not use Community Development dollars for our centers
anyway even if this does pass. So, that’s where I’m coming from on this issue.
PRESIDENT SCHULMAN: Thank you. Anyone?
MEMBER SMITH: Yes, Mr. President.
PRESIDENT SCHULMAN: Yes, Member Smith.
MEMBER SMITH: Now what was you just saying about Director Williams saying whatever and...Mr. Williams,
could you answer whatever it is she just said that you said about this money? Now Mary, what did you say?
PRESIDENT SCHULMAN: Director Williams.
MEMBER CIRELLI: Yes ma’am, Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER SMITH: I’m sorry, did I....I don’t mean to go out....
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -100-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PRESIDENT SCHULMAN: No, You’re fine.
MEMBER SMITH: Oh okay.
MEMBER CIRELLI: No...no problem, I had....
MEMBER SMITH: Okay, Mr. Williams, take your position. Go ahead Mary, what did you say he said?
MEMBER CIRELLI: I had asked....Mr. President, I had asked Mr. Williams if we will no longer be using CD
money if the levy passes to take care of our centers and he said he could not tell me that we would not be using the
monies.
PRESIDENT SCHULMAN: Director Williams.
DEVELOPMENT DIRECTOR WILLIAMS: Mr. President, as I mentioned in Committee Meeting it would be
Fonda Williams’ desire not to use CDBG money but I’m just one person. This Body will vote on where the funding
comes from.
MEMBER SMITH: Yeah, that’s what he said Mary, he said that was Fonda’s opinion but it wasn’t the Body.
MEMBER CIRELLI: No, Mr. President, I didn’t say it was the Body, I said it was his opinion. Thank you.
PRESIDENT SCHULMAN: Okay, any other remarks? Hearing none, you are voting on Ordinance 17 as amended,
I hope. (Laughter) Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 2 NAYS
(MEMBERS CIRELLI AND MACK VOTED NAY)
CLERK TIMBERLAKE: Ten yeas, two nays Mr. President.
#17 ADOPTED AS AMENDED AS ORDINANCE NO. 21/2013
PRESIDENT SCHULMAN: And that would be Ordinance 17 as adopted. Ordinance 18.
#18. (3RD RDG) ADOPTED AS ORDINANCE NO. 22/2013 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE
AN EMERGENCY ($285,000.00 FROM UNAPP BAL 5410 SEWER OPERATING FUND
TO 5410 202010 ENGINEER - DAILY OPERATIONS - PERSONNEL)
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: My goodness. (Laughter) I move we adopt Ordinance 18.
MEMBER GRIFFIN: Seconded.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -101-
MINUTES OF THE MEETING FEBRUARY 11, 2013
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this
Ordinance? Hearing none, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
#18 ADOPTED AS ORDINANCE NO. 22/2013
PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 18 is adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: Turning now to Announcement of Committee Meetings.
MEMBER COLE: Mr. President.
PRESIDENT SCHULMAN: Member Cole.
MEMBER COLE: Yes, Finance will meet February 25th at 6:45 PM
PRESIDENT SCHULMAN: We do not.....
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN:....we do not meet next Monday, so.
MEMBER COLE: February 25th.
PRESIDENT SCHULMAN: Thank you. Member Dougherty.
MEMBER DOUGHERTY: Yeah, there’ll be a Rules Committee meeting on February 25th at the same time.
PRESIDENT SCHULMAN: Thank you. Anyone else?
CLERK TIMBERLAKE: Personnel.
PRESIDENT SCHULMAN: Personnel.
MEMBER GRIFFIN: Mr. President, Personnel will meet at the same time.
PRESIDENT SCHULMAN: Thank you Member Griffin. Any other announcements?
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: Turning to Miscellaneous Business? Let me follow up just briefly on the...the debate
that occurred on Ordinance 17. And I....you know, everybody has their opinions and good for you, you’re supposed
to, that’s what your jobs are. I talked to Senator Oelslager who is now the Chair of the Senate Finance Committee
in the State Legislature. I asked him the other night how much of a surplus does the State of Ohio have today, how
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -102-
MINUTES OF THE MEETING FEBRUARY 11, 2013
much surplus does the State of Ohio have after adopting laws which reward the rich and their estates, after changing
the income tax, after proposing a scheme that is simply going to shift the burden away again from the rich on to the
middle class that Kasich and his Administration just proposed. 1.7 billion dollars, 1.7 billion dollars in surplus in
Columbus and he’s starving us. And so you go back and forth trying to figure out can we do something for the
parks, can we do something for the children, can we do something for the schools, can we get our infrastructure
taken care of, this is the debate we have and the public should know that. I’m going to make a recommendation that
the next meeting, that we invite all those State Legislators that are supposedly representing us in Columbus and
have them come in for 10 minutes and explain to us how the State of Ohio has a 1.7 billion dollar profit and they’re
not giving anything back to urban areas. And we’ve been preaching this and the Mayor has been preaching this. I
don’t...I don’t think the public knows this....1.7 billion, billion in surplus. It’s outrageous, it’s obscene and these
people should be ashamed of themselves. So, if we can do that, I would ask the Clerk to invite all of our State
Legislators at the next meeting and I hope the Leader will give some time and I know he will for them to tell us
what they’re doing with that money after cutting our local Government funding, after eliminating estate taxes, now
they’re going to transfer the wealth back to the rich and hurt the middle class who want to get a haircut, who want to
go to a beauty shop. Give me a break. That’s the reason we fight here, because we’re struggling for nothing, for
pennies. And it’s time that we get what we bargained for and was promised by the State in the depression, we’d get
money back from the State of Ohio to run urban areas and to make our people, where all the people live, not the
farms, God love them. Most people live in Cities, not on farms. So, it’s time that we get these people to explain to
us what they’re doing and we can explain to them what they’re doing to us. So anyway, any...any other remarks?
Leader.
MEMBER DOUGHERTY: Mr. President, I move to adjourn.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: Moved and seconded to adjourn. Madame Clerk, roll call please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. Have a safe ride home everyone. (Gavel falls) Meeting is
adjourned.
ADJOURNMENT TIME: 8:16
ATTEST: FEBRUARY 15, 2013 APPROVED: FEBRUARY 15, 2013
CYNTHIA TIMBERLAKE ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM FEBRUARY 11, 2013
ROLL CALL: All Council Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: Kevin Fisher, W ard 5 Council Mem ber
PLEDGE OF ALLEGIANCE: President Allen Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#2 - O#16; O#15 Adopted in 2 nd Rdg; O#16
Adopted in 2 nd Rdg as Am ended; O#17 Adopted as Am ended)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Andy Black, President of the Canton Park Com m ission urges all Council Mem bers to
adopt the Ordinance for the Park levy. If this passes on the ballot the Com m ission will work with Council and the Neighborhood
Associations to prioritize the park needs. This is all a part of the right steps to m ove Canton forward. Mary Beth Medford is on
the Board of Directors at the Palace Theater and they are having a m em bership drive. This is an 86 year old theater that has
received som e updates from a capital im provem ent fund but they can still use both individual and corporate m em bers. This
building is a cornerstone of the downtown Canton Arts District and the beautiful silver screen is still the largest screen in Stark
County. Ed Rehfus works for the Canton City Schools and feels the park levy is a good thing for the city and this m oney can be
used to enhance the entire park system for all residents. Michael Poteet is reaching out to the hom eless in Canton. His
organization Gifts from God.Foundations is trying to establish shelters and trying to assist the hom eless in all their needs
through referrals to another agency or service and som e just need to hear the word of love.
INFORM AL RESOLUTIONS:
12. COUNCIL-AS-A-W HOLE: AMEND COUNCIL RULE #2 “REGULAR MEETINGS” TO ADD A
MARCH 4, 2013 COUNCIL MEETING AND CANCEL THE MAY 6,
2013 COUNCIL MEETING. - ADOPTED
13. COUNCIL-AS-A-W HOLE: CONGRATULATING ST. HARALAMBOS GREEK ORTHODOX
CHURCH ON THEIR 100 TH ANNIVERSARY . - ADOPTED
COM M UNICATIONS:
66. CHIEF RICH: 2011 CANTON FIRE DEPT ANNUAL REPORT. - RECEIVED &
FILED
67. DEVELOPMENT DIR W ILLIAMS: REQ $24,154.83 SUPP APPROP FROM UNAPPROP BAL OF
2235 BROW NFIELD JOB TRAINING GRANT TO 2235 506009
BROW NFIELD JOB TRAINING GRANT. - FINANCE COMMITTEE
68. GILL, MICHAEL, PRESIDENT SID: PETITION FOR RENEW AL OF THE DOW NTOW N CANTON
SPECIAL IMPROVEMENT DISTRICT LEVY. - RECEIVED & FILED
69. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DEPT TO PREPARE NECESSARY
LEGISLATION TO RENEW THE SID LEVY FOR 4 YRS. -
JUDICIARY COMMITTEE
70. MAYOR HEALY: ADVISE OF APPT OF RABBI JOHN ADLAND TO AREA AGENCY
ON AGING AREAW IDE ADVISORY COUNCIL. - RECEIVED &
FILED
71. MAYOR HEALY: AUTHORIZE RE-APPT OF RON BERGER AS PLUMBING
CONTRACTOR TO CANTON CONSTRUCTION BOARD. -
PERSONNEL COMMITTEE
72. RULES CHAIRMAN DOUGHERTY: PURSUANT TO “RULES OF COUNCIL” RULE #46, AMENDING
THE RULES, UPDATING A FEW MINISTERIAL CHANGES. -
RULES COMMITTEE
73. SAFETY DIRECTOR REAM: AUTHORIZE CHIEF RICH & CANTON FIRE DEPT TO DONATE
30 PAIRS OF FIRE BOOTS, 26 FIRE JACKETS, 23 FIRE
PANTS AND VARIOUS EMS SUPPLIES NO LONGER VIABLE TO
CANTON FIRE DEPT TO THE HONDURAS FIRE DEPT. -
FINANCE COMMITTEE
74. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO PAY TW O MORAL OBS FOR OXYGEN
RENTALS IN THE AMTS OF $130.20 & $203.48 TO LIFE GAS. -
FINANCE COMMITTEE
75. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO
DESIGN CONTRACT FOR FAIRCREST SANITARY SEW ER
PROJ, GP 1142 W ITH CTI ENGINEERS, INC.; AUTHORIZE
AUDITOR TO ESTABLISH & CREATE THE 5401 FUND (HB 487
SANITARY SEW ER PILOT PROG) TO TRACK REVENUES AND
EXPENDITURES; MAKE $690,892.16 SUPP APPROP FROM 5410
(SANITARY SEW ER OPERATING FUND) UNAPPROP BAL TO
5401-202010 (HB 487 SANITARY SEW ER PILOT PROG -
ENGINEERING DAILY OPERATIONS); MAKE $93,499.42
APPROP TRANSFER FROM 5401-202010 (HB 487 SANITARY
SEW ER PILOT PROG - ENGINEERING DAILY OPERATIONS) TO
5401-202061 (HB 487 SANITARY SEW ER PILOT PROG -
I77/FAIRCREST ANNEX, SANITARY SEW ER PROJ, GP 1142). -
FINANCE COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - FEBRUARY 11, 2013
COM M UNICATIONS CONTINUED:
76. SERVICE DIRECTOR PRICE: REQ CERTIFICATION OF LIST OF PROPERTIES MAINTAINED
BY CITY STREET DEPT DURING 2012 AND PRESENTED TO
STARK COUNTY AUDITOR FOR REAL ESTATE TAX
ASSESSMENT. - FINANCE COMMITTEE
77. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX
FOR JANUARY 2013. - RECEIVED & FILED
78. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR JANUARY 2013. -
RECEIVED & FILED
79. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 1/31/13. -
RECEIVED & FILED
80. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 1/31/13. - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AMEND APPROP O#209/2012; EMERGENCY ($30,000.00 2760 102001 POLICE ADMIN - PERSONNEL)
Referred to Finance Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#2 - O#16; O#15 ADOPTED; O#16 ADOPTED AS AMENDED)
2 ND RDG 2. AUTHORIZE CITY AUDITOR TO PAY $1,762.00 TO BLACK, MCCUSKEY, SOUERS & ARBAUGH;
EMERGENCY (FIN)
2 ND RDG 3. AUTHORIZE CITY AUDITOR TO PAY $2,700.00 TO US EVALUATIONS INC; EMERGENCY (FIN)
2 ND RDG 4. AUTHORIZE CITY AUDITOR TO PAY $167.00 TO PREMIER COURT REPORTING; EMERGENCY (FIN)
2 ND RDG 5. APPROVE & ACCEPT REPLAT OF LOTS 5213 - 5221, 30051, PART OF LOT 30052 & PARTS OF OUT
LOTS 351 & 72; EMERGENCY (1138 CAMDEN AVE SW - SIMON W ARSTLER) (PS&T)
2 ND RDG 6. AUTHORIZE MAYOR &/OR SERV DIR OF PUBLIC SVC TO ENTER INTO CONTRACT W /THE YMCA IN
AMT NOT TO EXCEED $50,000.00 FOR THE OVERALL MGMT & SUPERVISION OF THE FACILITY &
PROGRAMMING @ THE EDW ARD “PEEL” COLEMAN COMMUNITY CENTER; EMERGENCY
(FIN & C&ED)
2 ND RDG 7. AMEND APPROP O#209/2012 AS AMENDED BY MAKING VARIOUS APPROP REDUCTIONS;
EMERGENCY (NSP, NSP3, HOME & BYRNE) (FIN)
2 ND RDG 8. AUTHORIZE MAYOR TO ENTER INTO PROF SVCS CONTRACT W /BLACK, MCCUSKEY, SOUERS &
ARBAUGH IN AMT NOT TO EXCEED $45,000.00 TO PROVIDE SPECIALIZED LEGAL ASSISTANCE
W /W ORKERS’ COMP CASES; AMEND APPROP O#209/2012 BY MAKING $45,000.00 SUPP APPROP
FROM 6010 W ORKERS’ COMP RETRO FUND TO 6010 501101 HUMAN RESOURCES - OTHER;
EMERGENCY (FIN)
2 ND RDG 9. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO
CONSTRUCTION CONTRACT FOR CONSTRUCTION OF MILL STREET SE SANITARY SEW ER
REPLACEMENT GP 1188 & TO ENTER INTO COOP AGMT W /THE BD OF STARK CNTY
COMMISSIONERS IF NEEDED TO REIMBURSE CANTON FOR A PORTION OF THE W ORK; AMEND
APPROP O#209/2012 BY MAKING $350,000.00 SUPP APPROP FROM 5410 SANITARY SEW ER FUND
TO 5410 206311 SANITARY FUND - MILL ST SE SEW ER REPLACEMENT GP 1188 - OTHER;
EMERGENCY (PPCI)
2 ND RDG 10. AUTHORIZE CITY AUDITOR TO PAY $1,585.44 TO BEAVER EXCAVATING INC; EMERGENCY (FIN)
2 ND RDG 11. AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO
CONSTRUCTION CONTRACT FOR CONSTRUCTION OF THE ALLENFORD DRIVE SANITARY SEW ER
REPAIR GP 1114 (SEW ER BYPASS); ENTER INTO COOP AGMT W /THE BD OF STARK CNTY
COMMISSIONERS & CITY OF NORTH CANTON TO REIMBURSE CANTON FOR A PORTION OF THE
W ORK; AMEND APPROP O#209/2012 BY MAKING $220,000.00 SUPP APPROP FROM 5410 SANITARY
SEW ER FUND TO 5410 206310 SANITARY FUND - ALLENFORD DR SANITARY SEW ER REPAIR GP
1114 - OTHER; EMERGENCY (PPCI)
2 ND RDG 12. AUTHORIZE SAF DIR TO ADVERTISE, RECEIVE BIDS & ENTER INTO CONTRACT(S) TO COMPLETE
DEMOLITIONS; EMERGENCY (IN CONJUNCTION W ITH THE STARK CNTY LAND REUTILIZATION
CORP’S RESIDENTIAL HOUSING DEMO GRANT REIMBURSEMENT PROG) (PPCI)
2 ND RDG 13. AMEND SECTION 181.14, ALLOCATION OF FUNDS, OF CODIFIED ORDINANCES; EMERGENCY (IN
CONJUNCTION W ITH THE STARK CNTY LAND REUTILIZATION CORP’S RESIDENTIAL HOUSING
DEMO GRANT REIMBURSEMENT PROG) (PPCI)
CANTON CITY COUNCIL AGENDA - PAGE 3 - FEBRUARY 11, 2013
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED:
2 ND RDG 14. PROVIDE FOR THE ISSUANCE & SALE OF BOND ANTICIPATION NOTES IN ONE OR MORE SERIES IN
AN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 FOR PURPOSE OF PAYING COSTS
OF REVITALIZATION W ITHIN THE CITY & ADDRESSING PROPERTY CONDITIONS THAT ARE
DELETERIOUS TO THE PUBLIC HEALTH & SAFETY THROUGH THE DEMOLITION OF
DETERIORATING STRUCTURES & THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE
USE OR REUSE OF LANDS W ITHIN THE CITY (PPCI)
19/2013 15. AMEND APPROP O#209/2012 AS AMENDED BY MAKING $20,000.00 SUPP APPROP FROM 2327 LEAD
ASSESSMENT FUND TO 2327 301001 LEAD ASSESSMENT - OTHER; EMERGENCY (FIN)
AS AM ENDED
20/2013 16. ADOPT PLANS, AUTHORIZE MAYOR &/OR SERV DIR TO COOPERATE W /& REQUEST DIR OF
TRANSPORTATION TO PROCEED W /REHAB OF EXISTING ARCH BRIDGE CARRYING STATE ROUTE
172 OVER THE EAST BRANCH OF NIMISHILLEN CREEK & THE COMBINING OF TW O EXISTING
PARALLEL SANITARY SEW ER SYSTEMS INTO ONE W ITHIN CITY OF CANTON & ENTER INTO
CONTRACT; EMERGENCY (FIN & PS&T)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
AS AM ENDED
21/2013 17. RESOLUTION TO SUBMIT BEFORE ELECTORATE OF CITY A 4.0 MILL LEVY OUTSIDE THE 10 MILL
LIMITATION FOR CANTON PARK SYSTEM FOR PERIOD NOT TO EXCEED THREE YRS
22/2013 18. AMEND APPROP O#209/2012 FOR $285,000.00 FROM UNAPPROP BAL 5410 SEW ER OPERATING
FUND TO 5410 202010 ENGINEER - DAILY OPERATIONS - PERSONNEL
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, FEBRUARY 25, 2013 in Council Caucus Room at 6:45 P.M .
1) Finance Com m ittee
2) Rules Com m ittee
3) Personnel Com m ittee
4) Judiciary Com m ittee
M ISCELLANEOUS BUSINESS: President Schulm an spoke to Senator Scott Oelslager and inquired about the am ount of
surplus m oney the State of Ohio is holding. He was told that there is $1,700,000,000.00 in Colum bus and Kasich is starving the
m unicipalities. W e debate here in our Council over things that can be done for our city and our children and they have changed
all the rules in Colum bus to keep m oney that should com e down to the cities. He recom m ends that the State Legislators be
invited to our next m eeting to explain this outrageousness. There have been taxes elim inated to m unicipalities all over the state
and they need to explain where all this m oney is.
ADJOURNM ENT: 8:16 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 25, 2013 @ 7:30 PM
Get email alerts for Canton
A daily email when new agendas and minutes are posted.