City Council
Regular MeetingCanton, OH · May 13, 2013
Minutes
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MINUTES OF THE MEETING MAY 13, 2013
PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. Ruby
Brogdan died Saturday night and Ruby Brogdan died Saturday night and I’ve said this a couple time. We’re
almost a community within a community here. We have people that, from our neighborhoods that come to
our meetings regularly and we love having them and they become really cherished friends and Ruby was
certainly one of them. So let’s take a moment and God rest her soul and let’s take a moment of silent prayer
for Ruby Brogdan.
(MOMENT OF SILENCE FOR RUBY BROGDAN)
PRESIDENT SCHULMAN: Thank you. I think maybe that child was somewhat indicative of her feisty
character. Anyway, with a quorum being present, the Chair calls this meeting of Canton City Council. Roll
call vote 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’s invocation is given by my good friend Ward
7 Council Member and my Member of Council John Mariol. Will you all please stand and remain standing for
our Pledge of Allegiance.
The regular meeting of Canton City Council was held on May 13, 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 7 Council Member, John Mariol. The Pledge of Allegiance led by President
Schulman.
PRESIDENT SCHULMAN: Thank you very much Member Mariol.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Leader.
MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 10
through 14 with #9 Retained in Committee.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: Thank you, it’s been moved and seconded to Suspend Rule 22A to add the 2nd
Reading Ordinances 10 though 14 to tonight’s agenda and to hold Ordinance 9 in Committee. Are there any
remarks? Hearing none, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
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CLERK TIMBERLAKE: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion is carried. Rule 22A is therefore suspended
and the Ordinances are a legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: Turning now to Public Hearings. We have none scheduled this evening.
OLD BUSINESS
PRESIDENT SCHULMAN: We now turning to Old Business and it’s good to have our old friend, Director
and the Mayor’s Chief of Staff, Warren Price back with us, healthy and raring to go. (APPLAUSE)
DIRECTOR PRICE: Thank you, I’m in my prime so I’m doing fine, or so I thought until I had a minor heart
attack. OK, anyway, one item that I did want to cover and this was BHA, before heart attack. Here, this was
April 15th. There was a Mr. King that spoke, would ask, and I remember him, I remember him explaining to
Council that he had kind of, I think with well, you know intentions or good intentions had ejected himself into
a matter before the police had arrived which kinda begged the question, what is one supposed to do during a
dispute before the police get there. And I guess my recommendation officially from the city would be don’t
get involved. You know it’s a situation where when you call the police, I mean you know, we would certainly
he begged, you know begged the question, he asked it and so naturally you know our advise would be wait till
the police get there and let them resolve the matter. One other item I did want to point out that I know was
related to Engineering and I’ll be able to report back to you on was the correct size of the bicycle lanes. Those
were some comments were heard on April 22nd and so I will be getting back to you on that. Thank you.
PRESIDENT SCHULMAN: Thank you Director. Again, welcome back. I’m sure you’re thrilled.
PUBLIC SPEAKS
PRESIDENT SCHULMAN: We’re now under Public Speaks. We have 6 speakers tonight. Our first speaker
is Sarah Buchanan. Miss Buchanan good evening. Sarah Buchanan, OK. Our next speaker is, oh I’m sorry.
No, actually Pete DiGiacomo is the next speaker. You know I don’t like to be challenged in my authority
here. (LAUGHTER) Our next speaker is Pete DiGiacomo. Thanks Mr. DiGiacomo for ruining the schedule
for all of us. If you’ll step forward and give us your name and residential address.
PETE DIGIACOMO: Are you sure it’s me?
PRESIDENT SCHULMAN: Well I’m pretty sure.
PETE DIGIACOMO: OK. My name’s Pete DiGiacomo. I live at 600 Dent Place, Canton, SW. I’m here to
speak about the possible elimination of Council-at-Large Members. If you eliminate the Council-at-Large,
I’m not an expert but I know from personal experience, that means somebody else is going to have to take up
their slack and I know the Council People all have a lot of stuff to do but know you’re going to have a little bit
more stuff to do. It’s not a good idea. I just don’t think it’s a good idea and that’s....oh, I’d like to keep
talking cause the 3 minutes isn’t up there yet. Alright, that’s....
PRESIDENT SCHULMAN: Actually, actually you can talk all night.
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PETE DIGIACOMO: Oh, OK. Well let me tell you a story. That’s alright.
PRESIDENT SCHULMAN: Thank you Mr. DiGiacomo. We’ll get our screen straightened around here. Our
next speaker is a Ms. Martin. I’m sorry is it Trina?
ERINA MARTIN: Erina.
PRESIDENT SCHULMAN: Erina. Thank you very much. If you’ll step forward Miss Martin and give us
your name and your residential address please and welcome to Canton City Council.
ERINA MARTIN: Thank you. My name’s Erina Martin. It’s 1202 16th Street NE, corner of Struble and 16th.
I want to illustrate my concerns about the crime in the area from 15th Street to 16th Street and Struble. I’ve
seen with my own eyes many people standing around, open containers, bottles of Cobosia, bottle of Cognac,
beer bottles on top of the cars. I’ve seen assault weapons, glock, 9mm on top of the hoods of the cars. I’ve
seen drug activity from 15th and 16th Street and Struble all hours of the night. The stores close at a certain
hour. I don’t see you come back with chips, soda. You’re back within 15 seconds counting money. It doesn’t
take a rocket scientist to figure out what you’re doing. After that, just the other evening I called and I was told
by dispatch that the people that I’m seeing with my own eyes weren’t doing anything by standing and loitering
in the middle of the street. Personally I don’t want to be told be dispatch. I would like them to help me. I
don’t want them to be telling me that they’re not doing anything when I’ve visually seeing 15, 20 people on a
regular basis at least 3 times a week, open containers, even during the day. Little kids are walking by, riding
their bikes. They’re looking, trying to understand what are they smoking, what are they doing, why is the
music loud? This is unacceptable from were I come from and the way I was raised. It needs to stop. I’ve seen
guns. I’ve called. There’s been an occasion where the police came right on target. Unfortunately, the person
had pulled off and they happened to catch up with them at another house down the block from where this
activity takes place. By this time, they’re already in the house. Of course, they say the 3 police cars looking
from left to right. Of course, you know they put the guns away. The guy comes out of the house, he’s pulling
his shirt up. Why are you pulling up your shirt? No one said anything to you. That’s a dead giveaway that
you know you’re hiding something. The same person that hangs out at this particular area. There’s at least 15
to 20 on a regular basis. It’s a zoo. It’s a circus. It’s a movie. Don’t believe me, ride through anywhere from
11 in the morning until 1 in the morning. They’re bouncing the basketball up until 10:30 at night. I don’t
need dispatch to tell me they’re not doing anything. If there’s 10 or 15 people standing and you don’t live
there, I need the police to pull through, ask for ID’s. Who are you? Where do you live? Who are you
visiting? Otherwise, you need to disburse. From this point, I feel like it’s not, you’re not allowed to walk
down the street and be drunk, intoxicated. So what’s the difference between them and someone trying to walk
home and make it home if they’re tolerance is too high. What’s the difference? It’s no difference. Write
tickets. Rattle the cage. Something needs to be done. I’m begging you and begging you.
PRESIDENT SCHULMAN: Thank you very much ma’am. (APPLAUSE) Our next speaker is Phyllis Bond.
Miss Bond, good evening. Welcome to Canton City Council. If you’ll give us your name and your residential
address please.
PHYLLIS BOND: Good evening. My name is Phyllis Bond. My address is 1611 Struble Avenue NE and I
kinda piggyback on what Erina shared. I stay at a house almost right across the street from where a lot of
activity is going on. The parking is crazy when we have visitors. There’s nowhere to park, in fact they have
to, the road, street is blocked half the time because there’s so many cars in the area. It’s my, visitors have to
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go in the back of my house to park and there’s people sitting in cars all the time making horrendous noise. I
have a grandson that I can’t even bring to my house because there were gunshots fired right
underneath...someone came in the side of my house and fired about six or seven gunshots. And when the
police came they were looking for the shells right underneath my bedroom window so, I can’t bring my
grandson to my house. It’s constantly just activity going on and you know, I’m not going to move. No one’s
going to run me out of my area but I think that something needs to be done. I’ll call the police, sometimes
they respond, sometimes they don’t and I think that it’s you know, it’s really a shame that you have to live in
an area where you don’t really have the help of the city like you should.
PRESIDENT SCHULMAN: May I ask you one question? When the police do come, you’ve said the police
have come, what happens then? Can you share that with us?
PHYLLIS BOND: Sometimes they just ride through. Sometimes they just ride through.
PRESIDENT SCHULMAN: And what happens to the people that you’re complaining about? Do they leave?
Do they scatter?
PHYLLIS BOND: Sometimes they do. They’ll leave for awhile and then they’re back.
PRESIDENT SCHULMAN: OK.
PHYLLIS BOND: I mean this is, this goes on like at 2:00 in the morning. I get up. I work. I have to get up
early in the morning. I can’t get my sleep because it’s all of this noise. There’s fighting, there’s yelling,
there’s screaming. It’s just like, it’s just like a zoo. It really is and I don’t think that...I think something needs
to be done. You know you continue to call the police and you continue, you know the same things continually
go on and I’m just wondering if the street’s, it’s a pretty narrow street, I’m wondering if there can be a
parking, the parking can be changed because like I said, when someone comes to our house, they’re parking
right in front of our sidewalk so no one can get into our house. They have to go around the back alley in order
to get in you know, unless they are walking on the grass and walking through my hedges. There’s beer bottles
in our hedges. I’m trying to keep my yard clean. There’s beer bottles and we’re picking up cans and it’s just,
it’s terrible. So we, I’m just asking for the help.
PRESIDENT SCHULMAN: Thank you very much ma’am. (APPLAUSE) Our next speaker is Precious Cox.
Miss Cox, good evening. Welcome. If you’ll give us your name and your residential address please.
PRECIOUS COX: Good evening. I’m Precious Cox, 1626 Rowland and I’ve lived there for about 10 years or
more and ever since I’ve moved there, oh for about the last 5 years the neighborhood has just really gone
down, down. These landlords rent to all these young people. They have no respect. They just come in, do
what they want to do and the fallout from Phyllis and them, when they can’t park over there, they parking on
our street and I would like that alley closed off. I live on one side, my son lives on the other side and all those
yards, I don’t know who they belong to, who I need to get in touch with but there’s several empty houses and
yards that need to be cut in the neighborhood and I want to know what to do about it. Who do I talk to?
Someone, I know my Councilman, Morris. I’ve already talked to him about some issues but we need to get
some things rolling and we’re really, we want to work with you guys but we need help. Thank you.
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PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is James Parker. Mr.
Parker, good evening. Welcome to Canton City Council as always. If you’ll give us your name and your
residential address please.
JAMES PARKER: Good evening. James Parker, 630 Penny Street SE, North Canton, Ohio. Council
President Schulman, this Saturday, May 18th the Canton Chamber will be seeking volunteers to help beautify
downtown including Central Plaza by planting flowers and sprucing up. Armed Services Day’s coming, then
Memorial Day the 27th, upcoming celebrations but for the last 6 months until now, 18 or so of 19 flagpoles at
Central Plaza remain unadorned next to our American flag which we just pledged allegiance to. There’s an
old Bing Crosby movie when he crones about what Old Glory means to you. If you ask everyone in here, you
get a wide range of answers just like in that movie yet they’d all be personal and patriotic. To me the absence
of flags on the poles beside Old Glory in Central Plaza leaves a negative impression, leaving 18 vacancies, 30
foot poles for guests at the McKinley Grand to gaze from their windows and form opinions. It leaves our
American flag forlorn and without tribute to what Canton, Ohio brings to the great melting pot of the
American culture. What does Canton mean to you? Is that the signal we send to impress visitors? This is the
city’s welcome mat a la taco cart. Why not have flags up year round? Why not allow the responsibility to go
to Parks and Recreation to be better managed. This is a gross oversight. Am I the only one who notices? Not
judging from the comments I’ve heard while the pro football team flags were flying there. Pizzazz was just
one description I recall of many. I just saw a movie, The Book of Elam where Tommy Lee Jones corrects an
immigrant school janitor who raised the American flag upside down explaining that this is an extreme distress
signal. At the end of the movie, without letting Old Glory touch the ground, he stops and returns the flag
upside down again telling the janitor to leave it that way. So, how is it Canton. Are we in such distress?
Can’t we please display the matic flags that don’t tear and decay there like the Goodwill Industry flags
denoting poverty and the United Will, Way flags have done. Would it be asking too much, as if it would, and
if it would please this Council to help celebrate the fact that we are the birthplace of the NFL 93 years ago. To
place team flags back up all summer to celebrate the Hall of Fame’s golden anniversary and to distinguish it
even further, to rename the Central Plaza Jim Thorpe Plaza. This could be accomplished easily as Thorpe is a
Charter Member of the Hall of Fame. His family and those of Native American’s and their sympathizers
would be every bit of gratitude would be received at least as much or more so than that of the Delbert Sullivan
Memorial area of this City Hall. I know that the Jim Thorpe Association would be honored to hear of such
news. I suggest values.com and an Alan Page Foundation in Canton to help stop the violence and we need to
honor Alan Page with an avenue in his name as well, while he’s living. Thank you very much.
PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) I want to thank all the speakers tonight
and that the women from Struble and 15th and 16th. I can assure you your, you have a very fine Member of
Council. In addition, we’re listening and something will be done. Thanks.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: OK, turning now to Informal Resolutions. We do have one this evening and it is
Informal Resolution 28, Madame Clerk.
#28. WARD 4 CNCL MBR SMITH & WARD 6 CNCL MBR DOUGHERTY: AUTHORIZING THE
CITY OF CANTON TO FILE AN APPLICATION TO THE STATE OF OHIO TO PARTICIPATE
IN THE CLEAN OHIO BROWNFIELD PROGRAM. - ADOPTED
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PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move that we adopt Informal Resolution 28.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 28. Any
remarks? Hearing none, by voice vote all those in favor of signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #28 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it and the Motion carries. Rule 28, or Resolution 28 is adopted.
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 MAY
13, 2013.
197. AUDITOR MALLONN: MONTHLY RPT BY FUND FROM 4/1/13 - 4/30/13. - RECEIVED &
FILED
198. AUDITOR MALLONN: YEARLY RPT BY FUND FROM 1/1/13 - 4/30/13. - RECEIVED & FILED
199. COUNCIL AS A WHOLE: REQ TO AMEND EXHIBIT A TO O#40/2000 TO INCREASE SALARY
OF PROBATIONARY POLICE OFFICERS. - PERSONNEL & FINANCE COMMITTEE
200. COUNCIL MBR WEST, WARD 2: REQ DRAFT LEGISLATION THAT WILL INCREASE TERM
OF COUNCIL MEMBERS TO MIMIC THAT OF THE MAYORAL ELECTION. - JUDICIARY
COMMITTEE
201. COUNCIL MBR WEST, WARD 2: REQ TO AMEND O#181/2011 (ITINERANT RETAILERS) TO
EXCLUDE TRUCKS & TRAILERS FROM THE FOUNTAIN AREA. - JUDICIARY COMMITTEE
202. DEVELOPMENT DIRECTOR WILLIAMS: RECOMMENDING APPROVAL OF PROPOSED LOT
SPLIT/REPLAT OF 415 47TH ST NW (PARCEL# 301329 & LOT# 35852) (THOMAS & LIESL
FORBES & GERALD & MARCIA CRAMER) IN WARD 8. - PUBLIC SAFETY &
THOROUGHFARES COMMITTEE
203. DEVELOPMENT DIRECTOR WILLIAMS: RECOMMENDING APPROVAL OF PROPOSED
ZONE CHANGE OF 133 HARRISON AVE SW (PARCEL# 228696 & LOT# 9775) FROM R-1a
(RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS) (RICHARD & SHARON MEDLA)
IN WARD 5. - JUDICIARY COMMITTEE
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204. DEVELOPMENT DIRECTOR WILLIAMS: RECOMMENDING APPROVAL OF PROPOSED
ZONE CHANGE OF 127/129 HARRISON AVE SW (PARCEL# 214861 & PT LOT# 9774) FROM
R-1a (RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS) (LUBOV, INC) IN WARD 5. -
JUDICIARY COMMITTEE
205. DEVELOPMENT DIRECTOR WILLIAMS: RECOMMENDING APPROVAL OF PROPOSED
ZONE CHANGE OF THE SOUTHWEST CORNER OF DRYDEN AVE SW & GROVE PL SW
(LOT# 9774) FROM R-1a (RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS) (LRC-A
TUSC PROPERTIES LLC) IN WARD 5. - JUDICIARY COMMITTEE
206. DEVELOPMENT DIRECTOR WILLIAMS: RECOMMENDING APPROVAL OF PROPOSED
ALLEY VACATION OF DRYDEN AVE SW FROM W TUSC AVE TO ITS SOUTHERN MOST
INTERSECTION WITH GROVE PL SW & OF GROVE PL SW FROM DRYDEN AVE SW TO
HARRISON AVE SW (JOHN WOJTILA OF THE ZAREMBA GROUP LLC, AGENT FOR
DEARBORN LAND INVESTMENT LLC) IN WARD 5. - PUBLIC SAFETY &
THOROUGHFARES COMMITTEE
207. DIRECTOR OF COMPLIANCE PERRY: REQ TO AMEND APPROP O#209/2012 BY MAKING
$5,000.00 SUPP APPROP FROM UNAPPROP BAL OF 6017 HEALTH & LIFE INSURANCE TO
6017 501101 HUMAN RESOURCES ADMIN - OTHER TO CONTINUE PAYING US
HEALTHWORKS INC FOR THEIR SVCS RELATED TO WORK EVALUATIONS, DRUG
SCREENS & RETURN TO WORK EVALUATIONS.- FINANCE COMMITTEE
208. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 D1 LIQ PERMIT FOR GRAPES IN A GLASS
LLC @ 575 MARKET AVE N. - RECEIVED & FILED
209. MAJORITY LEADER DOUGHERTY, ASSISTANT MAJ LEADER GRIFFIN & PRESIDENT
SCHULMAN: REQ TO AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT
W/CCIC TO PROVIDE A GRANT UTILIZING GENERAL FUND DOLLARS IN A TOTAL AMT
NOT TO EXCEED $250,000.00 FOR GRANTS, LOANS & ADMIN COSTS; DOLLARS
PREVIOUSLY BUDGETED IN 2013 FY BUDGET. - FINANCE COMMITTEE
210. SAFETY DIRECTOR PRICE: REQ TO AUTHORIZE MAYOR &/OR SAF DIR TO ENTER INTO
CONTRACT FOR PURCHASE OF NEW BULLETPROOF VESTS. - PUBLIC PROPERTY
CAPITAL IMPROVEMENT COMMITTEE
211. SAFETY & SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS & ENTER INTO
CONTRACT FOR PURCHASE OR LEASE OF VARIOUS VEHICLES (FOR FIRE, POLICE,
STREET DEPT & DMV). - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE
212. SERVICE DIRECTOR PRICE: ADVISING THAT THE CITY WILL BE ENTERING INTO A PLA
FOR THE PHOSPHORUS/TOTAL NITROGEN & MISCELLANEOUS IMPROVEMENTS
PROJECT (WRF). - RECEIVED & FILED
213. SERVICE DIRECTOR PRICE: REQ TO AUTHORIZE MAYOR &/OR SERV DIR TO ENTER
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INTO A ONE YR CONTRACT W/SMHA, WHEREBY THE CITY WILL REC MONETARY
COMPENSATION IN EXCHANGE FOR VEHICLE MAINTENANCE & FUEL SVC PERFORMED
BY CITY OF CANTON DMV. - FINANCE COMMITTEE
214. SERVICE DIRECTOR PRICE: REQ IN CONJUNCTION WITH CANTON PARK SYSTEM
CAPITAL FUNDS FOR UPGRADES & REPAIRS TO THE NIMISILLA PARK TENNIS COURTS
IN AN EFFORT TO REPURPOSE THEM AS BASKETBALL COURTS NOT TO EXCEED
$40,000; AUTHORIZE MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AWARD &
EXECUTE A CONSTRUCTION CONTRACT FOR RESURFACING OF THE TENNIS COURTS;
AUTHORIZE CANTON PARK SYSTEM TO GENERAL CONTRACT REMAINING
DEVELOPMENTS OF THIS PARK FACILITY THE USE OF CITY FORCES &/OR LOCAL
CONTRACTORS & SUPPLIERS. - PARKS & RECREATION & FINANCE COMMITTEES
215. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR APRIL 2013. -
RECEIVED & FILED
216. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX
FOR APRIL 2013. - RECEIVED & FILED
217. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 4/30/13. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the first reading. Let
the journal show that all the 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 ORDINANCES
#1 THROUGH #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#1. (1ST RDG) WITHDRAWN AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE
OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $1,500,000.00 FOR THE PURPOSE OF REFUNDING BOND
ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF
PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM
AGAINST THE CITY (PIROLOZZI)
Referred to Finance Committee
CLERK TIMBERLAKE: Ordinance 1 is withdrawn.
#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF LAND TITLE RIGHTS
FOR CERTAIN LANDS FKA AS “MOTHER GOOSELAND”; AND DECLARING
THE SAME TO BE AN EMERGENCY
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Referred to Community & Economic Development Committee
#3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012;
AND DECLARING THE SAME TO BE AN EMERGENCY ($21,600.00 FROM
UNAPPROPRIATED BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE -
ADMIN - OTHER)
Referred to Finance Committee
#4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012;
AND DECLARING THE SAME TO BE AN EMERGENCY ($33,500.21 FROM
UNAPPROPRIATED BAL OF 6091 MANAGEMENT INFORMATION SERV TO
6091 504010 INFORMATION TECHNOLOGY - OTHER)
Referred to Finance Committee
#5 (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $2,400.00 TO
LONNIE BOWLING’S USED CAR SALES INC.; AND DECLARING THE SAME TO
BE AN EMERGENCY
Referred to Finance Committee
#6 (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO CONTRACT WITH BOWMAN APPRAISAL SERVICE,
INC. TO COMPLETE APPRAISAL REVIEW WORK FOR THE MAHONING ROAD
CORRIDOR PROJECT, G.P. 1103; AMENDING APPROPRIATION ORDINANCE
NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY
($14,300.00 FROM UNAPPROP BAL 4566 MAHONING RD CORRIDOR PROJ GP
1103 FUND TO 4566-202079 MAHONING RD CORRIDOR PROJ GP 1103 -
OTHER)
Referred to Public Property Capital Improvement Committee
#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO CONTRACT WITH TRANSYSTEMS REAL ESTATE
CONSULTING, INC. TO COMPLETE THE RIGHT-OF WAY ACQUISITION
SERVICES FOR THE MAHONING ROAD CORRIDOR PROJECT, G.P. 1103;
AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING
THE SAME TO BE AN EMERGENCY ($115,819.00 FROM UNAPPROP BAL 4566
MAHONING RD CORRIDOR PROJ, GP 1103 FUND TO 4566-202079 MAHONING
RD CORRIDOR PROJ, GP 1103 - OTHER)
Referred to Public Property Capital Improvement Committee
#8. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONTRACT IN AN
AMOUNT NOT TO EXCEED $42,500.00 FOR THE REPLACEMENT OF THE WRF
MAINTENANCE BUILDING BOILER; AMENDING APPROPRIATION
ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN
EMERGENCY ($42,500.00 FROM UNAPPROP BAL 5410 SANITARY SEWER
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FUND TO 5410-206048 WRF MAINTENANCE BUILDING BOILER PROJ -
OTHER)
Referred to Public Property Capital Improvement Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for their second reading.
Madame Clerk.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES
#10 THROUGH #14 (ORDINANCE #9 RETAINED IN COMMITTEE) FOR THE SECOND READING
BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS
#9. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH NEW DAWN
DEVELOPMENT HERSHBERGER FAMILY LLC 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
#10. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE
PROVIDED TO THE PROPERTY OWNER IN THE HALL OF FAME
ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE
PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS
BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE
SAME TO BE AN EMERGENCY
#11. (2ND RDG) A RESOLUTION TO SUBMIT TO THE ELECTORS OF THE CITY OF CANTON
REDUCING THE COMPOSITION OF THE MEMBERS OF CANTON CITY
COUNCIL FROM TWELVE MEMBERS TO NINE WARD MEMBERS EFFECTIVE
FOR THE 2016-2017 TERM AND THEREAFTER
#12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012;
AND DECLARING THE SAME TO BE AN EMERGENCY ($33,000.00 FOR
UNAPPROPRIATED BAL OF 1001 GENERAL FUND TO 1001 506001
COMMUNITY DEVELOPMENT ADMIN - PERSONNEL)
#13. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT B TO ORDINANCE NO. 100/2011, AS
AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT
AND NON-BARGAINING UNIT EMPLOYEES FOR THE CITY OF CANTON;
AMENDING SALARY POLICY AND PROCEDURES FOR THE AUDITOR’S
OFFICE AND LAW DEPARTMENT; AND DECLARING THE SAME TO BE AN
EMERGENCY
#14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -324-
MINUTES OF THE MEETING MAY 13, 2013
SERVICE TO ENTER INTO CHANGE ORDER #4 FINAL WITH INSITUFORM
TECHNOLOGIES IN AN AMOUNT NOT TO EXCEED $30,635.00 FOR THE WEST
SIDE INTERCEPTOR SANITARY SEWER REHABILITATION PROJECT, GP 1138;
AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING
THE SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Thank you Madame Clerk.
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: We now are under Ordinances and Formal Resolutions for their Third and Final
Reading and vote. Would you please begin with Ordinance 15.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE
FOLLOWING ORDINANCES #15 THROUGH #18 FOR THE THIRD TIME BY TITLE AS REQUIRED
BY STATE LAW, AS FOLLOWS.
#15. (3RD RDG) POSTPONED UNTIL 6/3/13 AN ORDINANCE AUTHORIZING THE DIRECTOR OF
PUBLIC SERVICE TO AMEND THE EXISTING JACKSON-CANTON JOINT
ECONOMIC DEVELOPMENT DISTRICT CONTRACT (JEDDC); AND DECLARING
THE SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Leader Dougherty.
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?
Leader.
MEMBER DOUGHERTY: Mr. President, I move we postpone Ordinance 15 to 6/3/13.
MEMBER GRIFFIN: Seconded
PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 15 until June 3, 2013.
Any remarks? Hearing none by voice vote, all those in favor signify by saying aye. Those opposed no.
NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. The Motion carries. The Ordinance is postponed until June
13th. Madame Clerk, Ordinance 17 or 16 please.
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MINUTES OF THE MEETING MAY 13, 2013
#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 88/2013 AN ORDINANCE AMENDING TITLE
ONE, STREETS AND SIDEWALK AREAS, OF PART NINE - STREETS, UTILITIES
AND PUBLIC SERVICES CODE OF THE CODIFIED ORDINANCES OF THE CITY
OF CANTON BY THE ADDITION OF CHAPTER 923, ROADSIDE MEMORIAL
PROGRAM (TANNY BURT ROADSIDE MEMORIAL PROGRAM)
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President 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 WEST: Mr. President.
PRESIDENT SCHULMAN: Yes, Member West.
MEMBER WEST: Yes, this is the Tanny Burt Roadside Memorial Program. I ask that you guys support this
and get this passage and we have Miss Burt in the audience and her family and her friends. Can you guys
please stand? (APPLAUSE) They’re all in support of this language so, so I appreciate your support in this.
Thank you.
PRESIDENT SCHULMAN: Thank you Member West. Thank you all for coming also. Any other remarks?
MEMBER FISHER: Mr. President.
PRESIDENT SCHULMAN: Yes, Member Fisher.
MEMBER FISHER: Just quickly. I wanted to commend Member West for this Ordinance. I think it’s very
well written and it’s very respectful of, of families wishing to have memorialize or losses and I’d said to him
everything because I have some, a few memorials in my Ward and I was concerned obviously when it first
came up but I, once I read it over and talked to Mr. West, I think this is a very well done Ordinance and I’ll be
happy to support it. Thank you.
PRESIDENT SCHULMAN: Great, thank you Member Fisher. Any other remarks? Hearing none, Madame
Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas Mr. President.
#16 ADOPTED AS ORDINANCE NO. 88/2013
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MINUTES OF THE MEETING MAY 13, 2013
PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. (APPLAUSE) Ordinance
17 please.
#17. (3RD RDG) ADOPTED AS ORDINANCE NO. 89/2013 AN ORDINANCE AUTHORIZING THE
DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AMENDMENT TO
EXTEND THE SERVICE AGREEMENT WITH KEYBANK NATIONAL
ASSOCIATION FOR AN ATM TERMINAL AT THE MILLENNIUM PARKING
DECK; AND DECLARING THE SAME TO BE AN EMERGENCY
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 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.
#17 ADOPTED AS ORDINANCE NO. 89/2013
PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. Ordinance 18 please.
#18. (3RD RDG) POSTPONED UNTIL 7/1/13 AN ORDINANCE AUTHORIZING THE MAYOR TO
ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH CPX SOUTH CANTON,
LLC 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
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18.
MEMBER GRIFFIN: Seconded
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks?
Leader Dougherty.
MEMBER DOUGHERTY: I move we postpone Ordinance 18 until 7/1/13.
COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -327-
MINUTES OF THE MEETING MAY 13, 2013
MEMBER GRIFFIN: Seconded
PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 17 until July 1, 2013.
Any remarks? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no.
NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. The Motion carries and the Ordinance is postponed until July 1st.
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 May 20th at 6:00.
PRESIDENT SCHULMAN: Thank you.
MEMBER SMITH: Mr. President.
PRESIDENT SCHULMAN: Member Smith.
MEMBER SMITH: CD will also meet May 20th, same time.
PRESIDENT SCHULMAN: Thank you.
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: Leader Dougherty.
MEMBER DOUGHERTY: Public Property Capital Improvement will be meeting that night too at 6 PM.
PRESIDENT SCHULMAN: Thank you. Any other announcements?
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any?
MEMBER SMITH: Mr President.
PRESIDENT SCHULMAN: Member Smith.
MEMBER SMITH: Yes, Mr. President. Shawn had spoke to me out in the hallway. She wanted to give
thanks. She didn’t know whether it was going to pass or not but we assured her that it would and we, I told her
that she should have signed up for Public Speaks but this will happen afterwards. So would you just stand
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MINUTES OF THE MEETING MAY 13, 2013
Shawna once again. She wanted everyone that supported this Ordinance, she wanted to thank you on behalf of
doing so. It’s her son that was killed at that particular time and so when we get this done, we want you all to
ride past and see the memorial and the family wants to thank you also for your support.
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: Yes, Leader Dougherty.
MEMBER DOUGHERTY: If you’ve seen, deem it necessary, if she does want to speak.
PRESIDENT SCHULMAN: I have no, if you’d like to step up...
MEMBER SMITH: Yes, I think she should. Come on Shawna.
MEMBER WEST: Come on up Shawna.
PRESIDENT SCHULMAN: Don’t mess with Member Smith.
SHAWNA BURT: Thank you.
MEMBER DOUGHERTY: Thank you Mr. President.
PRESIDENT SCHULMAN: No, thank you Leader.
SHAWNA BURT: Hi, Mr. President. I just want to thank the city of Canton for allowing this in honor of my
son. I want to thank Mr. West for doing what he did with the plaque and everything for me. This is pretty
much all I have left of my son cause of where he was killed at and I promise to abide by all the rules, keep it
clean, and I wanted to know if it was possible if someone could cut it, the grass for me on a regular basis. If
not, I don’t mind cutting it myself but, I just want to thank you. The whole panel. I really do. This means a lot
to me.
PRESIDENT SCHULMAN: Well, thank you and you know you have our heartfelt sympathies and deepest
thoughts. (APPLAUSE)
MEMBER WEST: Mr. President.
PRESIDENT SCHULMAN: Member West.
MEMBER WEST: Let me also say, she’s been working on a project that she’ll be unveiling here in the future
of really trying to address all mothers who’ve lost their sons and daughters and on a memorial site in the city,
somewhere in the city so that we have one location and people can go and mourn their loss. And one thing that
really struck me on this is that you know, we forget that not everybody has a, can go to a graveyard site. A lot
of mothers and fathers don’t have the funds to bury their children so they have them cremated. So to have a
place and I think she’s working on that right now, to help other mothers to be able to deal with the same thing
so I want to thank her for all her efforts and, in trying to go down this field. The other thought I had, I wanted
address Miss Erina, Miss Martin and Miss Bond’s concern that is in my Ward so Frank’s area. That’s
something that we’re dealing with and addressing. I know that we’re going to have, we’re asking the Safety
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MINUTES OF THE MEETING MAY 13, 2013
Director if we can get an earlier curfew. Maybe to start looking at the curfew cause a lot of kids are hanging
out, not just in that area but in several areas throughout the city, as a way to try to address some of the
groupings and some of the negative behaviors that’s happening in our neighborhoods and in our community.
And then secondly, the police is familiar with what’s going on there and I also understood the Safety Director
was going to address it so, I do thank you guys for coming. Continue to come. Squeaky wheel gets the grease
and I say that because right now we are going into, intelligently led policing which means that the people who
call the most is going to get the service so continue to call. Thank you.
PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business?
MEMBER MORRIS: Mr. President.
PRESIDENT SCHULMAN: Member Morris.
MEMBER MORRIS: Thank you. I also would like to thank the ladies for coming in and speaking tonight and
a question for our Chief of Staff, Service Director/Safety Director. Myself and Member Dougherty shared a
shooting down on Indiana Way on Friday. Thursday there was shots fired in the 1500 block of 19th Street again
and it seems as the weather’s starting to warm up, it’s going to start escalating even more. How soon can we
anticipate this Shotspotters being up and running? And that is one of the questions that I’ve been getting hit
with pretty regularly is well when are they going to have that system and when is it going to be up?
PRESIDENT SCHULMAN: Director.
DIRECTOR PRICE: Thank you Mr. President, Councilman Morris. Yea we want it up as soon as possible.
One of the things we’ve run into is an issue of negotiating use of utility poles particularly from AT&T actually.
In the past, I’m sorry (inaudible comment) no AT&T. In the past the city has been able to put you know, traffic
signalization, you know pretty much anything we, you know needed for municipal purposes on these private
utility poles and you know not the least of the, one reason is, it’s in our right-of-way and so apparently the
utilities are looking at trying to charge and you know, that’s slowed us up a bit so we are certainly working on
it and I just, I met with the Chief late last week about it and he’s to update me here quickly so I should
hopefully have better information for you on Monday. This coming Monday. Thank you.
MEMBER SMITH: Mr. President.
PRESIDENT SCHULMAN: Thank you Member Morris. Member Smith.
MEMBER SMITH: Just one more thing. I’d like to thank you for the moment of silence for Miss Brogdan and
that you know, Council was her heart. In fact she had talked about coming this Monday because she had just
moved. So, there will be an announcement later in the week as to her funeral arrangements so just keep her
family in prayer. Thank you.
PRESIDENT SCHULMAN: Thank you Member Smith. Member Cirelli.
MEMBER CIRELLI: Thank you Mr. Chairman. This is a question to the Chief of Staff and as Councilman
Morris said, /Safety Director/Service Director. People have heard and seen a lot about cameras and then they
had it in the paper about the parks are going to have cameras that they wear on themselves when they’re
approaching people and what have you so it has some constituents in the general public say, “Am I permitted to
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MINUTES OF THE MEETING MAY 13, 2013
wear a camera as such if I’m being approached the Police Department or there’s something going on that we’ve
had to call the police for and I am allowed to use that camera to tape the response.” And do they have to follow
a police order if they are told, maybe the Law Director can chime in here, that they have to shut it off by the
officer.
PRESIDENT SCHULMAN: Director or Law Director Martuccio.
LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Cirelli generally speaking under the
First Amendment, we have freedom to assemble, freedom of speak as long as it doesn’t collide with other
superceding rights like curfews for children. To answer your question, you can wear a camera and it can do
essentially what your eyes and ears can do. However, if it is interfering with something and I can’t think of an
example readily, it may be something that’s...let’s say for example that an officers working on a confidential
buy and he’s using a confidential informant, someone who can’t be exposed because of safety reasons in
prosecuting a case safely. That might be an exception but generally speaking, you can wear a camera.
Everybody has smart phones. They can be your eyes and ears and again, unless they’re compromising the
ability of something to be done safely, it’s a right you have.
MEMBER CIRELLI: Mr. President...
PRESIDENT SCHULMAN: Thank you Law Director.
MEMBER CIRELLI: ...and Mr. Martuccio, thank you. Also can you tell me the answer that they are told by an
officer that they are supposed to relinquish that and give them to them. Do they have to do that?
PRESIDENT SCHULMAN: Director.
DIRECTOR PRICE: Thank you Mr. President. Councilwoman Cirelli. If they’re ordered by the police to stop
filming or that they would take that equipment, the citizen should probably stand down and comply at that
point however, you know naturally as the Law Director pointed out you know, our police operate under certain
standards that are of course required to operate and these standards would include the, you know not the least
ones would be the Constitution of the United States, the Constitution of the State of Ohio, the Ohio Revised
Code and so you know, if there were something improper you know naturally we have means to investigate
that and look into it but I would certainly recommend the citizen comply with the order of the police officer
under those circumstances regardless of what their opinion might be at that point.
PRESIDENT SCHULMAN: Law Director Martuccio.
LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member Cirelli in this ongoing little tutorial
here, the other thing that is clear in our law is, you can’t be deprived of life, liberty or property without due
process. If someone has something they believe is wrongfully deprived, they have means to go through internal
channels to try and get it. They can file with the Police Department if it is confiscated. It’s up to law
enforcement and ultimately judges to determine whether or not it was lawfully seized. We cannot unlawfully
seize property. If we do, there are consequences including compensation for the person who’s wronged. It’s
hard to speak in specific terms here, we can only talk in generalities because again it can depend on the
surrounding circumstances. The police have been trained. We have been looking at case law in our office.
We have certain Assistant Law Directors and prosecutors who train the police and they are current on the most
recent case law with the Supreme Court of the United States and the Supreme Court of Ohio have issued and
they’re trying to comply with those standards. So, again, I can only speak in general terms without knowing
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MINUTES OF THE MEETING MAY 13, 2013
the specifics of the case. Thank you.
PRESIDENT SCHULMAN: Thank you Law Director. Anything else Member Cirelli? Any other
Miscellaneous Business? Leader.
MEMBER DOUGHERTY: I move we adjourn.
MEMBER GRIFFIN: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. 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. Meeting is adjourned. Be careful going home
everyone. (Gavel falls)
ADJOURNMENT TIME: 8:08 PM
ATTEST: MAY 17, 2013 APPROVED: MAY 17, 2013
CYNTHIA TIMBERLAKE ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM MAY 13, 2013
ROLL CALL: Twelve Council Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: John Mariol, W ard 7 Council Mem ber
PLEDGE OF ALLEGIANCE: President Allen Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#10 - O#14; O#1 W ithdrawn; O#9 Retained
in Com m ittee; O#15 Postponed until 6/3/13 & O#18 Postponed until 7/1/13)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues From Public Speaks
PUBLIC SPEAKS (CITY BUSINESS): Pete DiGiacom o re: Doesn’t think the elim ination of the Council at Large positions is a
good idea; Erina Martin, Phyllis Bond and Precious Cox re: Discussed problem s with people standing around with weapons,
drugs and alcohol from 11:00 AM until 1:00 AM on the corner of 16 th and Struble NE. They are asking for help in that area;
Jam es Parker re: Discussed changes he would like to see at Central Plaza.
INFORM AL RESOLUTIONS:
28. W ARD 4 CNCL MBR SMITH & W ARD 6
CNCL MBR DOUGHERTY: AUTHORIZING THE CITY OF CANTON TO FILE AN
APPLICATION TO THE STATE OF OHIO TO PARTICIPATE IN
THE CLEAN OHIO BROW NFIELD PROGRAM. - ADOPTED
COM M UNICATIONS:
197. AUDITOR MALLONN: MONTHLY RPT BY FUND FROM 4/1/13 - 4/30/13. - RECEIVED &
FILED
198. AUDITOR MALLONN: YEARLY RPT BY FUND FROM 1/1/13 - 4/30/13. - RECEIVED &
FILED
199. COUNCIL AS A W HOLE: REQ TO AMEND EXHIBIT A TO O#40/2000 TO INCREASE
SALARY OF PROBATIONARY POLICE OFFICERS. -
PERSONNEL & FINANCE COMMITTEE
200. COUNCIL MBR W EST, W ARD 2: REQ DRAFT LEGISLATION THAT W ILL INCREASE TERM OF
COUNCIL MEMBERS TO MIMIC THAT OF THE MAYORAL
ELECTION. - JUDICIARY COMMITTEE
201. COUNCIL MBR W EST, W ARD 2: REQ TO AMEND O#181/2011 (ITINERANT RETAILERS) TO
EXCLUDE TRUCKS & TRAILERS FROM THE FOUNTAIN AREA. -
JUDICIARY COMMITTEE
202. DEVELOPMENT DIRECTOR W ILLIAMS: RECOMMENDING APPROVAL OF PROPOSED LOT
SPLIT/REPLAT OF 415 47 TH ST NW (PARCEL #301329 & LOT#
35852) (THOMAS & LIESL FORBES & GERALD & MARCIA
CRAMER) IN W ARD 8. - PUBLIC SAFETY & THOROUGHFARES
COMMITTEE
203. DEVELOPMENT DIRECTOR W ILLIAMS: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE
OF 133 HARRISON AVE SW (PARCEL #228696 & LOT #9775)
FROM R-1a (RESIDENTIAL) TO PB-3 (PLANNED GENERAL
BUSINESS) (RICHARD & SHARON MEDLA) IN W ARD 5. -
JUDICIARY COMMITTEE
204. DEVELOPMENT DIRECTOR W ILLIAMS: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE
OF 127/129 HARRISON AVE SW (PARCEL #214861 & PT LOT
#9774) FROM R-1a (RESIDENTIAL) TO PB-3 (PLANNED
GENERAL BUSINESS) (LUBOV, INC) IN W ARD 5. - JUDICIARY
COMMITTEE
205. DEVELOPMENT DIRECTOR W ILLIAMS: RECOMMENDING APPROVAL OF PROPOSED ZONE CHANGE
OF THE SOUTHW EST CORNER OF DRYDEN AVE SW & GROVE
PL SW (LOT #9774) FROM R-1a (RESIDENTIAL) TO PB-3
(PLANNED GENERAL BUSINESS) (LRC-A TUSC PROPERTIES
LLC) IN W ARD 5. - JUDICIARY COMMITTEE
206. DEVELOPMENT DIRECTOR W ILLIAMS: RECOMMENDING APPROVAL OF PROPOSED ALLEY
VACATION OF DRYDEN AVE SW FROM W TUSC AVE TO ITS
SOUTHERN MOST INTERSECTION W ITH GROVE PL SW & OF
GROVE PL SW FROM DRYDEN AVE SW TO HARRISON AVE
SW (JOHN W OJTILA OF THE ZAREMBA GROUP LLC, AGENT
FOR DEARBORN LAND INVESTMENT LLC) IN W ARD 5. -
PUBLIC SAFETY & THOROUGHFARES COMMITTEE
207. DIRECTOR OF COMPLIANCE PERRY: REQ TO AMEND APPROP O#209/2012 BY MAKING $5,000.00
SUPP APPROP FROM UNAPPROP BAL OF 6017 HEALTH & LIFE
INSURANCE TO 6017 501101 HUMAN RESOURCES ADMIN -
OTHER TO CONTINUE PAYING US HEALTHW ORKS INC FOR
THEIR SVCS RELATED TO W ORK EVALUATIONS, DRUG
SCREENS & RETURN TO W ORK EVALUATIONS. - FINANCE
COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - MAY 13, 2013
COM M UNICATIONS CONTINUED:
208. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 D1 LIQ PERMIT FOR GRAPES IN A GLASS LLC @
575 MARKET AVE N. - RECEIVED & FILED
209. MAJORITY LEADER DOUGHERTY,
ASSISTANT MAJ LEADER GRIFFIN &
PRESIDENT SCHULMAN: REQ TO AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO
CONTRACT W /CCIC TO PROVIDE A GRANT UTILIZING
GENERAL FUND DOLLARS IN A TOTAL AMT NOT TO EXCEED
$250,000.00 FOR GRANTS, LOANS & ADMIN COSTS; DOLLARS
PREVIOUSLY BUDGETED IN 2013 FY BUDGET. - FINANCE
COMMITTEE
210. SAFETY DIRECTOR PRICE: REQ TO AUTHORIZE MAYOR &/OR SAF DIR TO ENTER INTO
CONTRACT FOR PURCHASE OF NEW BULLETPROOF VESTS. -
PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE
211. SAFETY & SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT
FOR PURCHASE OR LEASE OF VARIOUS VEHICLES (FOR
FIRE, POLICE, STREET DEPT & DMV). - PUBLIC PROPERTY
CAPITAL IMPROVEMENT COMMITTEE
212. SERVICE DIRECTOR PRICE: ADVISING THAT THE CITY W ILL BE ENTERING INTO A PLA
FOR THE PHOSPHORUS/TOTAL NITROGEN &
MISCELLANEOUS IMPROVEMENTS PROJECT (W RF). -
RECEIVED & FILED
213. SERVICE DIRECTOR PRICE: REQ TO AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO
A ONE YR CONTRACT W /SMHA, W HEREBY THE CITY W ILL
REC MONETARY COMPENSATION IN EXCHANGE FOR
VEHICLE MAINTENANCE & FUEL SVC PERFORMED BY CITY
OF CANTON DMV. - FINANCE COMMITTEE
214. SERVICE DIRECTOR PRICE: REQ IN CONJUNCTION W ITH CANTON PARK SYSTEM CAPITAL
FUNDS FOR UPGRADES & REPAIRS TO THE NIMISILLA PARK
TENNIS COURTS IN AN EFFORT TO REPURPOSE THEM AS
BASKETBALL COURTS NOT TO EXCEED $40,000; AUTHORIZE
MAYOR &/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD &
EXECUTE A CONSTRUCTION CONTRACT FOR RESURFACING
OF THE TENNIS COURTS; AUTHORIZE CANTON PARK
SYSTEM TO GENERAL CONTRACT REMAINING
DEVELOPMENTS OF THIS PARK FACILITY THE USE OF CITY
FORCES &/OR LOCAL CONTRACTORS & SUPPLIERS. - PARKS
& RECREATION & FINANCE COMMITTEES
215. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR APRIL 2013. -
RECEIVED & FILED
216. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS TO AMBULANCE LOCK BOX
FOR APRIL 2013. - RECEIVED & FILED
217. TREASURER SCHIRACK: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 4/30/13. - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
W ITHDRAW N 1. TO PROVIDE FOR THE ISSUANCE & SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE
PRINCIPAL AMT NOT TO EXCEED $1,500,000.00 FOR THE PURPOSE OF REFUNDING BOND
ANTICIPATION NOTES PREVIOUSLY ISSUED FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A
COURT APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY; EMERGENCY (PIROLOZZI)
Referred to Finance Com m ittee
1 ST RDG 2. AUTHORIZE ACCEPTANCE OF LAND TITLE RIGHTS FOR CERTAIN LANDS FKA AS “MOTHER
GOOSELAND”; EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 3. AMEND APPROP O#209/2012; EMERGENCY ($21,600.00 FROM UNAPPROP BAL OF THE 1001
GENERAL FUND TO 1001 102001 POLICE - ADMIN - OTHER)
Referred to Finance Com m ittee
1 ST RDG 4. AMEND APPROP O#209/2012; EMERGENCY($33,500.21 FROM UNAPPROP BAL OF THE 6091
MANAGEMENT INFORMATION SERV TO 6091 504010 INFORMATION TECHNOLOGY - OTHER)
Referred to Finance Com m ittee
1 ST RDG 5. AUTHORIZE AUDITOR TO PAY $2,400.00 TO LONNIE BOW LING’S USED CAR SALES INC;
EMERGENCY
Referred to Finance Com m ittee
CANTON CITY COUNCIL AGENDA - PAGE 3 - MAY 13, 2013
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
1 ST RDG 6. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /BOW MAN APPRAISAL SERVICE
INC TO COMPLETE APPRAISAL REVIEW W ORK FOR THE MAHONING ROAD COORIDOR PROJ GP
1103; AMEND APPROP O#209/2012; EMERGENCY ($14,300.00 FROM UNAPPROP BAL OF 4566
MAHONING RD CORRIDOR PROJ GP 1103 FUND TO 4566-202079 MAHONING RD CORRIDOR PROJ
GP 1103)
Referred to Public Property Capital Im provem ent Com m ittee
1 ST RDG 7. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /TRANSYSTEMS REAL ESTATE
CONSULTING INC TO COMPLETE THE RIGHT-OR-W AY ACQUISITION SERVICES FOR THE
MAHONING ROAD CORRIDOR PROJ GP 1103; AMEND APPROP O#209/2012; EMERGENCY
($115,819.00 FROM UNAPPROP BAL OF THE 4566 MAHONING RD CORRIDOR PROJ GP 1103 FUND
TO 4566-202079 MAHONING RD CORRIDOR PROJ GP 1103)
Referred to Public Property Capital Im provem ent Com m ittee
1 ST RDG 8. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, AW ARD & EXECUTE A CONTRACT IN AN AMT
NOT TO EXCEED $42,500.00 FOR THE REPLACEMENT OF THE W RF MAINTENANCE BLDG BOILER;
AMEND APPROP O#209/2012; EMERGENCY ($42,500.00 FROM UNAPPROP BAL OF THE 5410
SANITARY SEW ER FUND TO 5410 206048 W RF MAINTENANCE BLDG BOILER PROJ - OTHER)
Referred to Public Property Capital Im provem ent Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#10 - O#14; O#9 RETAINED IN COMMITTEE)
RETAINED IN
CM TE 9. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W ITH NEW DAW N
DEVELOPMENT HERSHBERGER FAMILY LLC TO PROVIDE A REAL PROP TAX EXEMPTION;
AUTHORIZE AUDITOR TO MAKE PYMTS TO CANTON LOCAL BOARD OF EDUCATION AS REQUIRED
TO BE PAID PURSUANT TO SECTION 5709.82(C) OF THE REVISED CODE; EMERGENCY (C&ED)
2 ND RDG 10. RESOLUTION APPROVING STATEMENT OF SERVICES TO BE PROVIDED TO THE PROP OW NER IN
THE HALL OF FAME ANNEXATION AREA, THE APPROXIMATE DATE SERV W ILL BE PROVIDED,
PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF
CANTON, OHIO; EMERGENCY (ANNEX)
2 ND RDG 11. RESOLUTION TO SUBMIT TO THE ELECTORS OF THE CITY OF CANTON REDUCING THE
COMPOSITION OF THE MEMBERS OF CANTON CITY COUNCIL FROM 12 MEMBERS TO 9 W ARD
MEMBERS FOR THE 2016-2017 TERM AND THEREAFTER (JUD)
2 ND RDG 12. AMEND APPROP O#209/2012; EMERGENCY ($33,000.00 FROM UNAPPROP BAL OF 1001 GENERAL
FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN - PERSONNEL) (FIN)
2 ND RDG 13. AMEND EXHIBIT B TO O#100/2011, AS AMENDED, CLASSIFICATION PLAN AND SALARIES FOR MGMT
& NON-BARGAINING UNIT EMPLOYEES OF CITY OF CANTON; AMEND SALARY POLICY AND
PROCEDURES FOR AUDITOR’S OFFICE AND LAW DEPT; EMERGENCY (PER)
2 ND RDG 14. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #4 FINAL W ITH
INSITUFORM TECH IN AMT NOT TO EXCEED $30,635.00 FOR W EST SIDE INTECEPTOR SANITARY
SEW ER REHAB PROJ, GP 1138; AMEND APPROP O#209/2012; EMERGENCY ($15,623.85 FROM
UNAPPROP BAL 5410 SANITARY SEW ER FUND TO 5410 206046 SANITARY SEW ER FUND - W EST
SIDE INTERCEPTOR SANITARY SEW ER REHAB PROJ, GP 1138 - OTHER AND $15,011.15 FROM
UNAPPROP BAL 5443 W EST SIDE INTERCEPTOR SANITARY SEW ER REHAB PROJ, GP 1138 FUND
TO 5443 206046 W EST SIDE INTERCEPTOR SANITARY SEW ER REHAB PROJ, GP 1138 - OTHER)
(PPCI)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
POSTPONED UNTIL
6/3/13 15. AUTHORIZE SERV DIR TO AMEND EXISTING JACKSON-CANTON JOINT ECONOMIC DEV DISTRICT
CONTRACT; EMERGENCY
88/2013 16. AMEND TITLE ONE, STREETS & SIDEW ALK AREAS, OF PART NINE-STREETS, UTILITIES & PUBLIC
SVCS CODE OF THE CODIFIED ORDINANCES BY THE ADDITION OF CHAPTER 923, ROADSIDE
MEMORIAL PROG (TANNY BURT ROADSIDE MEMORIAL PROGRAM)
89/2013 17. AUTHORIZE SERV DIR TO ENTER INTO AN AMENDMENT TO EXTEND SERV AGMT W /KEYBANK
NAT’L ASSOC FOR AN ATM TERMINAL @ THE MILLENNIUM PARKING DECK; EMERGENCY
POSTPONED UNTIL
7/1/13 18. AUTHORIZE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGMT W ITH CPX SOUTH CANTON, LLC
TO PROVIDE A REAL PROP TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PYMTS TO CANTON
LOCAL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82(C) OF
THE REVISED CODE; EMERGENCY
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, M AY 20, 2013 in Council Caucus Room at 6:00 P.M .
1) Finance Com m ittee
2) Com m unity & Econom ic Developm ent Com m ittee
3) Public Property Capital Im provem ent Com m ittee
CANTON CITY COUNCIL AGENDA - PAGE 4 - MAY 13, 2013
M ISCELLANEOUS BUSINESS: Mem ber Sm ith re: Introduced Shawna Burt and fam ily who wanted to give thanks to everyone
that supported the passage of Ordinance #16; Mem ber W est re: Discussed the passage of Ordinance #16. Also addressed
Ms. Martin and others concerns with the Struble and 16 th St NE area. He asked that they get som e help over there and that the
curfew law get enforced; Mem ber Morris re: Thanked the ladies that cam e and spoke about crim e in the area. Asked Director
Price how soon ShotSpotter will be up; Director Price advised that they are having issues with the utility com panies allowing
them to use their telephone poles. He advised that he will know m ore by next Monday; Mem ber Sm ith re: Thanked President
Schulm an for the m om ent of silence from Mrs. Brogdan who passed away over the weekend; Mem ber Cirelli re: Asked Director
Price if a person is wearing a cam era in a public place and a Police Officer asks them to take it off, do they have to; Law
Director Martuccio re: Advised that anyone can wear a cam era unless it is interfering with som ething that the police are doing;
Director Price re: Advised that if an som eone is told by an officer to take the cam era off they should com ply.
ADJOURNM ENT: 8:08 PM
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M AY 20, 2013 @ 7:30 PM
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