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City Council

Regular Meeting

Canton, OH · October 28, 2013

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -670- MINUTES OF THE MEETING OCTOBER 28, 2013 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. We appreciate you all being here tonight. We have a full schedule and we have a nu...we have a couple of awards which we’re very excited about. But with a quorum present, the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, MARY CIRELLI, JOSEPH 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 will be given by my friend the Majority Leader, David Dougherty and 6th Ward Council Member. Will you all please stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on October 28, 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 6 Council Member David Dougherty. The Pledge of Allegiance led by President Schulman. PRESIDENT SCHULMAN: Thank you very Leader. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Leader we are now under Agenda Corrections and Changes. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances 8 through 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to the 2nd Reading Ordinances 8 through 18 on your Agenda this evening’s. 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. The Motion carries. Rule 22A is suspended and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We actually do have a Public Hearing tonight. It is scheduled for 7:30 PM and it’s AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -671- MINUTES OF THE MEETING OCTOBER 28, 2013 TERRITORY KNOWN AS THE HOF ANNEXATION AREA CONTAINING APPROXIMATELY 5.776 ACRES; ASSIGNING SAID TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS CS (COMMUNITY SERVICE); AND DECLARING THE SAME TO BE AN EMERGENCY. Is there anyone in the audience wishing to speak for or against this Annexation, will you please now come forward. I have to repeat this, I apologize. Is there anyone in the audience....apparently that’s for people who didn’t hear me the first time. Is there anyone in the audience wishing to speak for or against this Annexation, will you please come forward. Seeing no one rising or coming to the dais, the Chair declares the public meeting over in regard to this matter. And the matter now rests in the hands of Council and the Ordinance will follow later this evening. OLD BUSINESS PRESIDENT SCHULMAN: We are now under Old Business and I will turn that over to my other good friend, the Mayor’s Chief of Staff, Fonda Williams. Mr. Williams. CHIEF OF STAFF WILLIAMS: Thank you Mr. President. There is one order of Old Business Mr. Jonathan Bailey made a request that the City require scrap yards to verify ID registration when accepting bicycles and other scrap materials. We are working with our Law Department to see if we can put some additional teeth in some of our existing Ordinances. And we also did have a discussion with our Police Department in this regard as well. That concludes Old Business. PRESIDENT SCHULMAN: Thank you very much Chief of Staff Williams. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks. We do have 2 speakers this evening. Both good subjects. Our first is Greg Sanford. Mr. Sanford would you step forward please. Welcome to Canton City Council. If you’ll give us your name and your residential address please sir. GREG SANFORD: Thank you very much. The name is Greg Sanford. I’m at 1537 Henry Avenue SW. First off I wanted to come, I wanted to thank Mr. President and the Mayor and City Council and give a thanks to the City...the clean up crews. We’ve had a big problem in our area. What it is, on our underpass on the freeway. We’ve had a problem with finding mattresses underneath there and beer cans and a few other things I don’t want to mention because I see some young people in here, I don’t think it would be appropriate to say some of the things I also found. I don’t know if they’re running a bed and breakfast under there and a house of ill repute or what’s going on. (Laughter) But I wanted to say, you know, mainly that’s what I wanted to do is come out and thank, you know, for all that you’ve done and we’re still having problem there. I’m finding where they’re having bonfires underneath there, we’re finding beer cans. Hey I don’t mind the beer cans, hey I can take them to recycling and get some money out of them. But it’s...the problem is that a lot of them are breaking bottles up underneath the underpass which causes a lot of problems for vehicles. Now I don’t mind cleaning something up but you know, it’s just going to be a matter of time because we’ve got a lot of people who don’t know what the speed limit is. Somebody’s gonna hot rod underneath there, hit that glass and we’re going to have a major problem when they get a flat. So, I just wanted to present these problems to you and I hope that there is something that somebody can do to address this problem. Thank you very much. PRESIDENT SCHULMAN: Thank you very much Mr. Sanford, appreciate it. Our next speaker is Bruce Nordman. Mr. Nordman, if you’ll step forward. As always welcome to Canton City Council. If you’ll give us your name and your residential address please. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -672- MINUTES OF THE MEETING OCTOBER 28, 2013 BRUCE NORDMAN: My name is Bruce Nordman I live at 1623 Logan Ave NW. Good evening Mr. Mayor, Council President and Ward Councilman. Tonight we’re here to talk about a momentous event. Six weeks ago as I stood before you talking about the biggest game in the United States...the biggest high school game, which is the McKinley, Massillon game. And you go through Massillon and it looks like Halloween and you drive through our City and it looks like we don’t even have a football team. So, after meeting with the Mayor and his staff, we got ‘er going. We, in a day and a half, raised the funds, Group 175 raised the funds to put the two banners that are up, actually we had almost enough for 3 but not enough time to make them. So, as you go around the City, 1 of them is on the 3rd Street bridge on Market Avenue, 3rd Street South. The other is up on the top of the Chase building hanging off of the Canton wall...or the Canton Club wall. We had 18 businesses contribute to this for which we’re very grateful. They’re names were published on the big giant thron at the last football game, that’s television screen for those who don’t know what it is. And they will be mentioned in the upcoming programs. The fund driving is continuing because we’re now raising funds for additional banners for next year and additional flags. So, thank you all everyone in this room, if you don’t have one has a press release which covers all of this event and this Friday we have the beat Massillon parade which is going to kick off from the old McKinley High School. All the details are located here. Now, I am asking every Ward Council Chairm...Council....Councilman every Councilman at Large, the Mayor, the departments and anybody in this audience who has access to email, Facebooks, fax, texting, semaphore signals, smoke signal blankets, let’s get our citizens down for this parade which is going to be this Friday, 4:30 kicking off from the old McKinley High School. Let’s show these kids that we care. This is the restart and the renewal of a tradition. This...unfortunately just fell apart for a lot of reasons but we’ve got it started. This is step one, you know, to be a giant step next year. We’re looking to make this a junior Hall of Fame Parade and this is all for our kids for the school and for the City of Canton. I remember when I was in Detroit right after the riots and the Tigers won the World Series, it united the City. Let’s...this is a uniting kind of event. Let’s get down there and support it, please. Get the word out. Thank you very much. UNKNOWN SPEAKER IN THE AUDIENCE: (Inaudible) PRESIDENT SCHULMAN: Thank you very much Mr. Nordman. And thank you little pup in the audience. Mr. Sanford, do you mind coming up one more...one more time? We have one question. I know you mentioned this overpass but and I’m not sure I got the address, would you mind.... GREG SANFORD: Okay, what it is, on Henry. You know where Henry and 15th Street is Mr. Schulman? PRESIDENT SCHULMAN: Right. GREG SANFORD: Okay, you got that underpass as you head out, you know, north heading toward Navarre. I don’t know, somebody’s...I don’t know if one of the bars is giving out booze or what but.... PRESIDENT SCHULMAN: No, that’s okay. We just wanted to make sure we... GREG SANFORD: ...just so you know where it’s at. PRESIDENT SCHULMAN: Well don’t say that too loudly because we might have people heading over there. (Laughter) COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -673- MINUTES OF THE MEETING OCTOBER 28, 2013 INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk, would you please begin with Resolution 49. #49. COUNCIL AS A WHOLE: RECOGNIZE AND COMMEND LOUIE JOHNSON AS 2013 FIREFIGHTER OF THE YEAR. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 49. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 49. Are there any remarks? MEMBER DOUGHERTY: Mr. President, could I have that read please? PRESIDENT SCHULMAN: Yes, Madame Clerk would you please read our commendation? CLERK TIMBERLAKE: WHEREAS, Louie Johnson, Fire Prevention Officer for the Canton Fire Department was named the 2013 Canton Firefighter of the Year at the 48th annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 8, 2013 at Skyland Pines; and WHEREAS, In his tenure with the Canton Fire Department since March 12, 1985, he served as a Firefighter/Paramedic and Bureau of Apparatus Supervisor before becoming an Inspector/Investigator in 2010; and WHEREAS, Investigator Johnson was recognized for his meticulous work as lead investigator for the arson fire that destroyed the Good Times Bar and Drive-Thru in February 2012; and WHEREAS, Along with the FBI, Alliance Fire Department K-9 unit and the Bureau of Alcohol, Tobacco & Firearms, Investigator Johnson began what would become a very extensive investigation lasting several months; and WHEREAS, Due to Investigator Johnson’s hard work, dedication & tenacity in his work, an arrest and conviction was made of both the store owner and manager who conspired to burn the business to collect an insurance payout of up to 1.4 million dollars. NOW, THEREFORE, BE IT RESOLVED: that we, Members of City Council of Canton, Ohio go on record recognizing and commending 2013 FIREFIGHTER OF THE YEAR INVESTIGATOR LOUIE JOHNSON for his countless hours and diligent pursuit of justice in a truly exceptional investigation. Congratulations and thank you for your hard work and dedication to the citizens of Canton. (STANDING OVATION) PRESIDENT SCHULMAN: We have a Motion and a second. All and given a standing ovation but you may even get another one. All those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #49 PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -674- MINUTES OF THE MEETING OCTOBER 28, 2013 PRESIDENT SCHULMAN: The ayes have it. The motion carries. Firefighter Johnson, if you’ll step forward and I know your wife is here, if you’ll ask her to accompany you, we’d love to have her up here too and congratulations. And our Leader Dougherty will present you with the award. MEMBER DOUGHERTY: Good evening. It’s a pleasure to have this opportunity to present this Resolution to you. I’ve known you for a lot of years. And I was at the breakfast and when he won I said “It’s about time and I said, I was getting ready to start a petition to get you on there. It’s been too long and appreciate it” (Laughter) But your hard work and dedication really is appreciated and you know, we...we at Council are going to come down with a Resolution too in the very near future because we think that you need to be recognized even more. And what we want to do and what we’ll be presenting is to...to get some plaques erected in the new City Hall with past and present Firefighters of the Year and next to that our goal is to have the Police Patrolman’s...Policeman of the Year and make sure that everyone that walks into City Hall knows about this and remembers this because it’s important. So, be looking for that to happen. On behalf of City Council, I present this to you for all your hard work and dedication and thank you so much. PRESIDENT SCHULMAN: Frank.... (APPLAUSE) PRESIDENT SCHULMAN: Did you get that picture or not? I... CLERK TIMBERLAKE: Andrea has got a couple. PRESIDENT SCHULMAN: And Frank, maybe you could get all three of them. If you could take the picture since you are our official photographer. Thank you. And Mrs. Johnson, if you’d step over then Member Morris can take all three of your photographs. No, it’s going to actually go around, everybody’s going to get a chance to take a picture. (Laughter) FIREFIGHTER LOUIE JOHNSON: Okay, yeah I’d just like to take this opportunity to thank you all for the recognition and like I said when I first heard about the award is I don’t feel that I did anything above what another member of the safety forces would have done. I just happened to be in that position at that time and it was more the support and the team work that brought this all together but on behalf of the Fire Department as a representative, I accept this award and thank you all. (APPLAUSE) PRESIDENT SCHULMAN: Congratulations again and obviously behind every successful man is the real power, the woman. (Laughter) So, congratulations to you Mrs. Johnson. Resolution 50 please Madame Clerk. #50. COUNCIL AS A WHOLE: COMMENDING ZION MOORE, 4TH GRADE FIRE PREVENTION ESSAY WINNER. - ADOPTED PRESIDENT SCHULMAN: Leader Dougherty. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -675- MINUTES OF THE MEETING OCTOBER 28, 2013 MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 50. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 50. Any remarks? Leader. MEMBER DOUGHERTY: Could I have that read please? PRESIDENT SCHULMAN: Madame Clerk. CLERK TIMBERLAKE: WHEREAS, Zion Moore, a 9 year old fourth grade student at Belle Stone Elementary School was the Fourth Grade Essay Winner at the 48th annual Fire Prevention Week Kickoff Breakfast held on Tuesday, October 8, 2013 at Skyland Pines; and WHEREAS, All fourth graders from Canton City Schools were offered the challenge of writing an essay regarding “Preventing Kitchen Fires”, a theme selected by the State Fire Marshall; and WHEREAS, Zion’s interest in fire safety stems from his curiosity and his wanting to know, but he was intrigued even more so because his late Grandfather, Percy W. Parks served on the Canton City Fire Department for 19 years; and WHEREAS, Based on his essay, Zion understands the importance of fire safety and how to be responsible in the kitchen. NOW THEREFORE BE IT RESOLVED: that we, Members of Canton City Council along with his family do hereby go on public record commending and congratulating ZION MOORE for being the 2013 Fourth Grade Essay Contest Winner for the Fire Prevention Week Breakfast. (APPLAUSE) PRESIDENT SCHULMAN: And all those in favor, signify by saying aye. Those opposed. The ayes have it, the Motion carries. The Resolution is adopted. And I know Member Morris would like to present Zion and his family with this award. So, if you’ll all come up please. And Zion will read his essay. MEMBER MORRIS: Yes, the more he reads, the less I talk. (Laughter) CLERK TIMBERLAKE: I don’t believe that Frank. (Laughter) PRESIDENT SCHULMAN: That’s always a good thing. (Laughter) MEMBER MORRIS: Well Zion, on behalf of Canton City Council we would like to congratulate you. And as your Councilman and as a representative of Ward 9 it takes great pleasure to give you this and I’m sure your grandfather would be very, very proud of you and hopefully someday, you will be up here one day getting another award and following the footsteps of great Firefighters. So, here’s a nice Ohio pin for you. That’s pretty cool because they never even gave me one yet. (Laughter) And here’s a real nice plaque. It spells everything out, you can hang that on the wall, okay. (APPLAUSE) MEMBER MORRIS: Now you get to read but I think mom wants to take your picture with the plaque. We are going to get an action photo of you at the podium. Congratulations. Alright, now you have read. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -676- MINUTES OF THE MEETING OCTOBER 28, 2013 ZION MOORE: “Ways how to prevent kitchen fires” One way not to make a fire in your kitchen is to never leave your stove on and fall asleep. Never play around when the stove is on. When you have a stove on don’t leave your house. Don’t let a child younger than 15 use the stove. Don’t put clothes near a stove. Don’t talk on the phone when a stove is on. Never put oil or paper by the stove. More ways to prevent a kitchen fire include never putting a fork in the toaster or putting a paper plate in a microwave. Don’t put any kind of liquid by a stove, microwave or toaster. Don’t put metal or wood by the stove or microwave because it can cause a kitchen fire. Never let gas in the kitchen or it can cause a fire. Don’t forget to turn off your stove, toaster or microwave when you leave your house. These are ways to prevent kitchen fires from happening in the kitchen. Remember to always be responsible in the kitchen. (APPLAUSE) PRESIDENT SCHULMAN: Great. Congratulations Zion and congratulations to the Moore family and we really appreciated those comments. And by the way, for our award recipients, you do not have to stay for the rest of the meeting unless you insist but you’re showing no disrespect if you want to leave, so. COMMUNICATIONS PRESIDENT SCHULMAN: We now turn 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 OCTOBER 28, 2013. 416. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HEARING FOR DOLLAR & MORE OF CANTON, LLC @ 824 12TH ST NW TO BE HELD ON 11/13/13 AT 1:00 PM @ STARK CTY JOB & FAMILY SERV, 221 3RD ST SE. - RECEIVED & FILED 417. SAFETY DIRECTOR PERRY: AUTHORIZE PURCHASE OF “TOTAL STATION” FROM TRIMBLE FOR TRAFFIC CRASH INVESTIGATION TEAM IN AMT NOT TO EXCEED $24,662.31. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 418. SAFETY DIRECTOR PERRY: DECLARE 30 BLDGS UNSAFE & HAZARDOUS FOR WHICH DEMOLITION IS REQUIRED. - FINANCE COMMITTEE 419. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE AND ENTER INTO A FIVE YR CONTRACT (WITH 5 YR OPTION TO RENEW) WITH THE WORKSHOPS, INC. EFFECTIVE 12/15/13 FOR OPERATION, MGMT & SUPERVISION OF SNACK BAR LOCATED ON 1ST FL OF CITY HALL AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 420. SERVICE DIRECTOR BARTOS: AMEND CHAP 917 OF CANTON CODIFIED ORDINANCE FOR TREE COMMISSION TO CLARIFY THE ROLES THAT THE SERV DIR, CITY ENGINEER & CITY ARBORIST PLAY IN IMPLEMENTATION OF CHAP 917; CLARIFY SIGNIFICANCE OF & DISTINCTIONS BETWEEN LICENSE & PERMIT, ENSURING CONSISTENCY BETWEEN CHAP 917 AND OTHER SECTIONS OF CODIFIED ORDINANCES AND CLARIFY THE ROLES COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -677- MINUTES OF THE MEETING OCTOBER 28, 2013 THE TREE COMMISSION AND CITY PLAY WHEN DEALING WITH TREES & CONTRACTORS ON PUBLIC VERSUS PRIVATE PROP. - JUDICIARY COMMITTEE 421. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE & ENTER EASEMENT AGMTS WITH AEP AUTHORIZING PLACEMENT OF TRANSMISSION POLES AND/OR LINES ON OR OVER CITY PROP; AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE FAIR MKT VALUE OF OR DONATE TO AEP EASEMENTS AUTHORIZING THE PLACEMENT OF TRANSMISSION POLES AND/OR LINES ON OR OVER CITY PROP; AUTHORIZE MAYOR AND/OR SERV DIR TO MAKE TYPOGRAPHICAL CORRECTIONS OR EASEMENT DELINEATION ADJUSTMENTS BASED UPON NEGOTIATIONS & TRANSMISSION LINE PLACEMENT AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 422. SERVICE DIRECTOR BARTOS: AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHER FOR OVERPAYMENT OF RENT BY STARK STATE COLLEGE IN AMT NOT TO EXCEED $63,530.25. - FINANCE COMMITTEE 423. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE ON BEHALF OF THE CITY OF CANTON, TO ESTABLISH THE FMV OF ALL PARCELS, FOR FEE SIMPLE TAKES & TEMP EASEMENTS WHICH ARE NECESSARY FOR CONSTRUCTION OF THE PROJ; AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO NEGOTIATE W/PROP OWNERS FOR PURCHASE/ACQUISITION OF THEIR PARCELS UTILIZING FMV AS THE BASIS OF SAID NEGOTIATIONS, AND FOR CITY TO ACCEPT TITLE TO SAID PARCELS; AUTHORIZE MAYOR AND/OR SERV DIR ON BEHALF OF CITY OF CANTON, TO NEGOTIATE OR DONATE CITY-OWNED PROP FOR PERMANENT UTILITY EASEMENTS AND/OR TEMP CONSTRUCTION EASEMENTS WHICH ARE NECESSARY FOR THE CONSTRUCTION OF THE PROJ; AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO MAKE MINISTERIAL CHANGES TO CORRECT PROP OWNER NAMES, PARCEL NUMBERS & OTHER NUMERICAL DESCRIPTIVE OR TYPOGRAPHICAL ERRORS, SHOULD THEY OCCUR; COUNCIL DECLARATION OF INTENT TO APPROP PARCELS FOR PROJ IF A NEGOTIATED SETTLEMENT CANNOT BE REACHED WITH PARCEL OWNERS; AUTHORIZE THE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS DULY APPRVD BY PROPER DEPT AUTHORITY BASED ON NEGOTIATED SETTLEMENT PRICE AGREED TO BY THE PROP OWNER & MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE; AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON THE RECEIPT OF VOUCHERS DULY APPRVD BY PROP DEPT AUTHORITY FOR FMV FOR THOSE PARCELS THAT REQUIRE PROP APPROPS TO BE DEPOSITED WITH THE COURTS (MAHONING RD CORRIDOR PROJ). - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to First Reading Ordinances and Formal Resolutions for the First Reading. Let the Journal show that all Ordinances are being given their reading as required by State Law. Madame Clerk would you please read the First Reading Ordinances by title. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -678- MINUTES OF THE MEETING OCTOBER 28, 2013 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #7 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE RENAMING A PORTION OF FELLER COURT S.E. IN THE CITY OF CANTON, FLOYD SUMMERS COURT S.E. Referred to Public Safety & Thoroughfares Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY (4 APPROP TRANSFERS AND 2 SUPP APPROPS - PURCHASING, ENGINEERING, MAINTENANCE, PARKS) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE REPEALING SECTION 549.11, PERMIT FOR CONCEALABLE FIREARMS, OF THE CODIFIED ORDINANCES Referred to Judiciary Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT AN ADVANCE FUNDING GRANT FROM THE OHIO DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $1,500.00; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY (FROM UNAPPROP BAL 2786 POLICE EMS GRANT FUND TO 2786 102001 POLICE ADMIN - OTHER) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH MURPHY TRACTOR & EQUIPMENT COMPANY, INC. FOR THE PURCHASE OF ONE JOHN DEERE 650K BULLDOZER WITH ACCESSORIES IN AN AMOUNT NOT TO EXCEED $150,000.00 PURSUANT TO O.R.C. SECTION 125.04; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($75,000.00 FROM UNAPPROP BAL 5201 WATER FUND TO 5201 207022 WATER DISTRIBUTION FUND - OTHER) Referred to Public Property Capital Improvement Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT WITH H-P PRODUCTS (H-P) TO ACCEPT THE DONATION OF A 3.81 ACRE, MORE OR LESS, TRACT OF LAND; CANTON ACCEPTS THE DONATION OF $80,000.00 IN VALUE OF REAL PROPERTY FROM H-P; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee COUNCIL RECESSED AT 7:53 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #7; RECONVENED AT 7:56 P.M.) COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -679- MINUTES OF THE MEETING OCTOBER 28, 2013 #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 198/2013 AN ORDINANCE DECLARING THE 30 BUILDINGS LISTED ON EXHIBIT A TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee PRESIDENT SCHULMAN: And at this time the chair would declare a recess for the Finance Committee to meet in regard to Ordinance #7 on your Agenda this evening. You’re now in recess. PRESIDENT SCHULMAN: Council will now reconvene after its recess. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 7 back on the Agenda. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to place Ordinance 7 back on this evening’s agenda. Any remarks? If not, 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. The motion carries. Ordinance 7 is a legal part of your Agenda. Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 7. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance 7. 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. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 7. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -680- MINUTES OF THE MEETING OCTOBER 28, 2013 MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 7. Any remarks under this Ordinance? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 198/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 7 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now turning to Second Reading Ordinances. Would you please begin with Ordinance 8. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #8 THROUGH #18 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($300,000.00 FROM UNAPPROP BAL OF 2316 WIC GRANT FUND TO $230,000.00 2316 WIC GRANT FUND - OTHER AND $70,000.00 2316 WIC GRANT FUND - PERSONNEL #9. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,459.54 FROM 2323 301001 - OTHER TO 2323 301001 - PERSONNEL) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH LENCO ARMORED VEHICLES IN AN AMOUNT NOT TO EXCEED $79,623.50 TO REFURBISH THE SWAT ARMORED VEHICLE; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO RECEIVE THE 2012 COPS HIRING PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $821,489.00; AND DECLARING THE SAME TO BE AN EMERGENCY #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO RECEIVE THE 2013 COPS HIRING PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $851,949.00; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH THE OHIO DEPARTMENT OF COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -681- MINUTES OF THE MEETING OCTOBER 28, 2013 TRANSPORTATION FOR THE ABILITY TO CONDUCT MAINTENANCE OPERATIONS/CONTRACTS ON I-77 WITHIN THE CANTON CORPORATE LIMITS; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO THE REPAIR OF STRUCTURE #7606516 (FAIRCREST BRIDGE) ON SR 627 OVER THE STREAM AT SECTION 4.32; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO GUARDRAIL UPGRADES ON SR 43, SR 687, SR 800, US 30 AND US 62; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO MISCELLANEOUS WORK ON 30TH STREET; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) ADOPTED AS RESOLUTION NO. 199/2013 RESOLUTION ACCEPTING THE AMOUNTS AND RATES AS DETERMINED BY THE BUDGET COMMISSION AND AUTHORIZING THE NECESSARY TAX LEVIES AND CERTIFYING THEM TO THE COUNTY AUDITOR PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 17. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 17. Any remarks? Again, 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. The Motion carries. Leader, you’ve heard the three readings. 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? Again, hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -682- MINUTES OF THE MEETING OCTOBER 28, 2013 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #17 ADOPTED AS RESOLUTION NO. 199/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 17 is adopted. Ordinance 18 please. #18. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 200/2013 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO AN AMENDMENT OF THE PROFESSIONAL SERVICES AGREEMENT WITH CT CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $756,200.00 AND TO FILE AN APPLICATION AND ENTER INTO AN AGREEMENT WITH OHIO EPA FOR A SUPPLEMENTAL LOW-INTEREST LOAN FROM THE WATER POLLUTION CONTROL LOAN FUND; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 18. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 18. 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. The Motion carries. Leader, you’ve heard the three readings. 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. MEMBER DOUGHERTY: Mr. President, I move we amend Ordinance 18 per the amendment in front of all Council Members. MEMBER GRIFFIN: Seconded. Amendment COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -683- MINUTES OF THE MEETING OCTOBER 28, 2013 Pursuant to Rule 36, I move to amend Agenda Item No. 16 by adding the phrase “for an additional” before the words “amount not to exceed” in the caption and Section 1 in place of the words “in an”; and by substituting the word “agreement” for “amendment” in the last sentence of Section 2. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 18 by virtue of the copy before each Member of Council. Are there any remarks? Hearing none by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries and the Ordinance is amended. Leader. MEMBER DOUGHERTY: Mr. President, I move that we adopt Ordinance 18 as amended. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18 as amended. So you are now voting on Ordinance 18 as amended. Any remarks under this Ordinance? Hearing none again Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #18 ADOPTED AS AMENDED AS ORDINANCE NO. 200/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Ordinance 18 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Would you please begin with, Ordinance 19. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #19 THROUGH #23 FOR THE THIRD TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 201/2013 AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE HOF ANNEXATION AREA CONTAINING APPROXIMATELY 5.776 ACRES; ASSIGNING SAID TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS CS (COMMUNITY SERVICE); AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 10/28/13 @ 7:30 PM PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 19. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -684- MINUTES OF THE MEETING OCTOBER 28, 2013 MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #19 ADOPTED AS ORDINANCE NO. 201/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance 20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 202/2013 AN ORDINANCE PROCEEDING WITH THE IMPLEMENTATION OF THE PUBLIC SERVICE PLAN ADOPTED BY THE DOWNTOWN CANTON SPECIAL IMPROVEMENT DISTRICT; ADOPTING THE ESTIMATED ASSESSMENT PREPARED AND FILED WITH THE RESOLUTION OF NECESSITY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 20. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks under this Ordinance? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #20 ADOPTED AS ORDINANCE NO. 202/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 20 is adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 203/2013 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($295,081.00 FROM UNAPPROP BAL 5442 WRF PHOSPHORUS/NITROGEN PROJ TO 5442 206044 WRF PHOSPHORUS/NITROGEN PROJ - OTHER) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 21. MEMBER GRIFFIN: Seconded. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -685- MINUTES OF THE MEETING OCTOBER 28, 2013 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #21 ADOPTED AS ORDINANCE NO. 203/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 21 is adopted. Ordinance 22 please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 204/2013 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $12,152.84 TO CENTRAL ALLIED ENTERPRISES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 22. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks under this Ordinance? Again, hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #22 ADOPTED AS ORDINANCE NO. 204/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 22 is adopted. Ordinance 23 please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 205/2013 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $23,195.00 TO LAKE ERIE CONSTRUCTION COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we adopt Ordinance 23. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. 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. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -686- MINUTES OF THE MEETING OCTOBER 28, 2013 #23 ADOPTED AS ORDINANCE NO. 205/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 23 is adopted and that concludes our Ordinances for the third reading. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we turn to Announcement of Committee Meetings and I remind everyone we are not meeting next Monday nor are we meeting the following Monday. So we will meet three weeks from today. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cole. MEMBER COLE: Yes, I’d like to call Finance will go at 6:45 on November 18th. PRESIDENT SCHULMAN: A quarter till 7, 6:45. MEMBER COLE: 6:45. PRESIDENT SCHULMAN: 6:45. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes Member Cirelli. MEMBER CIRELLI: Public Safety and Thoroughfares, same time. Thank you. PRESIDENT SCHULMAN: Thank you. Any other announcements? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Thank you very much. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet at that night to make the President happy, 6:45. (Laughter) MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -687- MINUTES OF THE MEETING OCTOBER 28, 2013 MEMBER SMITH: Community and Economic Development will meet at the same time. PRESIDENT SCHULMAN: Thank you very much. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. I’m going to turn this over to the Mayor to begin our Miscellaneous Business this evening. Mayor Healy. MAYOR HEALY: Thank you Mr. President. And I’d like to just remind folks that the election is coming up a week from tomorrow and there was a nice endorsement from the Repository on our park levy and I know that this Council had passed a Resolution supporting that as well as dedicating any access funds that would be brought from that to safety forces. I want to take this opportunity to formally endorse the parks levy and I have a press release here I’ll read real quickly. Just that I formally announce my endorsement of the park levy which is issue 1 coming up on the November 5th ballot. The levy is essential to building stronger parks. It will create a dedicated revenue stream for our parks, provide dollars to maintain program at our community centers and establish a capital fund to invest in the infrastructure of our parks. The passing of Issue 1 is the first step in the eventual merger of Parks and Recreation into one department. With the Parks and Recreation department’s merge the City will be able to more effectively provide services to our community and create more efficient single department rather than two separate departments that operate independently. Strong community centers are important to building strong neighborhoods and the money generated from this park levy will ensure that our community centers such as the Babe Stearn Center and the Edward Peel Coleman Community Center will be able to provide the programming that will be....that will better serve our community and continue to have an active presence in our neighborhoods. By earmarking money generated from the levy specifically for the Parks Department, the levy protects our Canton park’s system and will also create a separate stream for the Park Department separating it from the general fund. That will also free up over a million dollars from the general fund that will be used to improve the City’s safety forces. So with that I formally endorse this levy and with the passage of this, it will be another big step in all of us helping move Canton forward. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. And to follow up on the Mayor, I think...and to follow on what Bruce Nordman said, we all have...a lot of us do facebook pages. I certainly encourage each of us to go on our facebook page everyday this week and the weekend and make those endorsements. Not only for this but for other elections that are coming up. Any other Miscellaneous Business? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Speaking of parks, this past weekend, Steve Koons and the building trades rebuilt a shelter in Nimisilla Park, it looks wonderful so I wanted to give them a shout out and also Pastor Tommie Brewer from Gethsemane Baptist Church came down and gave free lunches out to the men that were working for free. Now mind you, this was a shelter that we was not going to be able to build because we didn’t have the funds. As a matter of fact they were going to get rid of it and Steve Koons and the building trades, Dave Kirven stepped up and they rebuilt it and they paid for everything and now we have a shelter again. So, I just wanted to send a...you know, let everybody know that they did that and when you see them give them a pat on the back because it was well...I mean we really appreciated it. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business? Hearing none, Leader. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -688- MINUTES OF THE MEETING OCTOBER 28, 2013 MEMBER DOUGHERTY: Yeah Mr. President on that...Member West if you could get with the office staff and maybe get a letter drawn up, a thank you that all Council can sign off on and we can send it to them. So, Derek Gordon thanks for coming down tonight and your hard work on the parks levy and all that you do. I appreciate that. I move to adjourn. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Any remarks? Oh, there are no remarks. 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. (Gavel falls) The meeting is adjourned. Drive home safely everybody, be careful. See you in three weeks. ADJOURNMENT TIME: 8:11 PM ATTEST: OCTOBER 31, 2013 APPROVED: OCTOBER 31, 2013 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM OCTOBER 28, 2013 ROLL CALL: All Council Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: David Dougherty, W ard 6 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#7; 2 nd Rdg O#8 - O#18; O#7 Adopted on 1 st Rdg; O#17 Adopted on 2 nd Rdg; O#18 Adopted as Am ended on 2 nd Rdg) PUBLIC HEARINGS: 7:30 PM AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW N AS THE HOF ANNEXATION AREA CONTAINING APPROXIMATELY 5.776 ACRES; ASSIGNING SAID TERRITORY TO W ARD 7 OF THE CITY; ZONING SAID TERRITORY AS CS (COMMUNITY SERVICE); AND DECLARING THE SAME TO BE AN EMERGENCY O#201/2013 OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Business from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Greg Sanford thanked the city for all the clean up crews that have been out from the Street Departm ent but he still continues to find m any things at the freeway underpass at Henry and 15 th Street SW . It seem s like people are having bonfires and breaking lots of bottles since the weather is cooler. There are several cars that speed in this area and he just knows that som eone is going to get a flat and have an accident with all the broken glass. Bruce Nordm an discussed the m onum ental event of the McKinley vs. Massillon football gam e this weekend. Group 175 raised the funds for 2 banners to be hung in downtown Canton. One is on the Chase Bank at the square and the other is on the 3 rd Street SW overpass. It is tim e to bring this celebration back to our town and show the kids we care. A kickoff parade will be held Friday evening beginning at the old McKinley High School. Please let everyone know to com e down and show their support. INFORM AL RESOLUTIONS: 49. COUNCIL-AS-A-W HOLE: RECOGNIZE AND COMMEND LOUIE JOHNSON AS 2013 FIREFIGHTER OF THE YEAR. - ADOPTED 50. COUNCIL-AS-A-W HOLE: COMMENDING ZION MOORE, 4 TH GRADE FIRE PREVENTION ESSAY W INNER. - ADOPTED COM M UNICATIONS: 416. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HEARING FOR DOLLAR & MORE OF CANTON, LLC @ 824 12 TH ST NW TO BE HELD ON 11/13/13 AT 1:00 PM @ STARK CTY JOB & FAMILY SERV, 221 3 RD ST SE. - RECEIVED & FILED 417. SAFETY DIRECTOR PERRY: AUTHORIZE PURCHASE OF “TOTAL STATION” FROM TRIMBLE FOR TRAFFIC CRASH INVESTIGATION TEAM IN AMT NOT TO EXCEED $24,662.31. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 418. SAFETY DIRECTOR PERRY: DECLARE 30 BLDGS UNSAFE & HAZARDOUS FOR W HICH DEMOLITION IS REQUIRED. - FINANCE COMMITTEE 419. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE AND ENTER INTO A FIVE YR CONTRACT (W ITH 5 YR OPTION TO RENEW ) W ITH THE W ORKSHOPS, INC. EFFECTIVE 12/15/13 FOR OPERATION, MGMT & SUPERVISION OF SNACK BAR LOCATED ON 1 ST FL OF CITY HALL AND AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 420. SERVICE DIRECTOR BARTOS: AMEND CHAP 917 OF CANTON CODIFIED ORDINANCE FOR TREE COMMISSION TO CLARIFY THE ROLES THAT THE SERV DIR, CITY ENGINEER & CITY ARBORIST PLAY IN IMPLEMENTATION OF CHAP 917; CLARIFY SIGNIFICANCE OF & DISTINCTIONS BETW EEN LICENSE & PERMIT, ENSURING CONSISTENCY BETW EEN CHAP 917 AND OTHER SECTIONS OF CODIFIED ORDINANCES AND CLARIFY THE ROLES THE TREE COMMISSION AND CITY PLAY W HEN DEALING W ITH TREES & CONTRACTORS ON PUBLIC VERSUS PRIVATE PROP. - JUDICIARY COMMITTEE 421. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE & ENTER EASEMENT AGMTS W ITH AEP AUTHORIZING PLACEMENT OF TRANSMISSION POLES AND/OR LINES ON OR OVER CITY PROP; AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE FAIR MKT VALUE OF OR DONATE TO AEP EASEMENTS AUTHORIZING THE PLACEMENT OF TRANSMISSION POLES AND/OR LINES ON OR OVER CITY PROP; AUTHORIZE MAYOR AND/OR SERV DIR TO MAKE TYPOGRAPHICAL CORRECTIONS OR EASEMENT DELINEATION ADJUSTMENTS BASED UPON NEGOTIATIONS & TRANSMISSION LINE PLACEMENT AND AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - OCTOBER 28, 2013 COM M UNICATIONS CONTINUED: 422. SERVICE DIRECTOR BARTOS: AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHER FOR OVERPAYMENT OF RENT BY STARK STATE COLLEGE IN AMT NOT TO EXCEED $63,530.25. - FINANCE COMMITTEE 423. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE ON BEHALF OF THE CITY OF CANTON, TO ESTABLISH THE FMV OF ALL PARCELS, FOR FEE SIMPLE TAKES & TEMP EASEMENTS W HICH ARE NECESSARY FOR CONSTRUCTION OF THE PROJ; AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO NEGOTIATE W /PROP OW NERS FOR PURCHASE/ACQUISITION OF THEIR PARCELS UTILIZING FMV AS THE BASIS OF SAID NEGOTIATIONS, AND FOR CITY TO ACCEPT TITLE TO SAID PARCELS; AUTHORIZE MAYOR AND/OR SERV DIR ON BEHALF OF CITY OF CANTON, TO NEGOTIATE OR DONATE CITY-OW NED PROP FOR PERMANENT UTILITY EASEMENTS AND/OR TEMP CONSTRUCTION EASEMENTS W HICH ARE NECESSARY FOR THE CONSTRUCTION OF THE PROJ; AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO MAKE MINISTERIAL CHANGES TO CORRECT PROP OW NER NAMES, PARCEL NUMBERS & OTHER NUMERICAL DESCRIPTIVE OR TYPOGRAPHICAL ERRORS, SHOULD THEY OCCUR; COUNCIL DECLARATION OF INTENT TO APPROP PARCELS FOR PROJ IF A NEGOTIATED SETTLEMENT CANNOT BE REACHED W ITH PARCEL OW NERS; AUTHORIZE THE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPRVD BY PROPER DEPT AUTHORITY BASED ON NEGOTIATED SETTLEMENT PRICE AGREED TO BY THE PROP OW NER & MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE; AND AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON THE RECEIPT OF VOUCHERS DULY APPRVD BY PROP DEPT AUTHORITY FOR FMV FOR THOSE PARCELS THAT REQUIRE PROP APPROPS TO BE DEPOSITED W ITH THE COURTS (MAHONING RD CORRIDOR PROJ). - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. RENAME A PORTION OF FELLER COURT SE IN CITY OF CANTON, FLOYD SUMMERS COURT SE (BETW EEN 11 TH ST SE AND 12 TH ST SE) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 2. AMEND O#209/2012; EMERGENCY (4 APPROP TRANSFERS AND 2 SUPP APPROPS - PURCHASING, ENGINEERING, MAINTENANCE, PARKS) Referred to Finance Com m ittee 1 ST RDG 3. REPEAL SECTION 549.11, PERMIT FOR CONCEALABLE FIREARMS, OF THE CODIFIED ORDINANCES Referred to Judiciary Com m ittee 1 ST RDG 4. AUTHORIZE THE SAF DIR TO ACCEPT AN ADVANCE FUNDING GRANT FROM THE OHIO DEPT OF PUBLIC SAFETY IN AN AMT NOT TO EXCEED $1,500.00 AMENDING APPROP O#209/2012; EMERGENCY (FROM UNAPPROP BAL 2786 POLICE EMS GRANT FUND TO 2786 102001 POLICE ADMIN - OTHER) Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W ITH MURPHY TRACTOR & EQUIP CO., INC. FOR PURCHASE OF ONE JOHN DEERE 650K BULLDOZER W ITH ACCESSORIES IN AN AMT NOT TO EXCEED $150,000.00 PURSUANT TO O.R.C. SECTION 125.04; AMENDING APPROP O#209/2012; EMERGENCY ($75,000.00 FROM UNAPPROP BAL 5201 W ATER FUND TO 5201 207022 W ATER DISTRIBUTION FUND - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT W ITH H-P PRODUCTS (H-P) TO ACCEPT THE DONATION OF A 3.81 ACRE, MORE OR LESS, TRACT OF LAND; CANTON ACCEPTS THE DONATION OF $80,000.00 IN VALUE OF REAL PROP FROM H-P; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee (COUNCIL RECESSED AT 7:53 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #7; RECONVENED AT 7:56 P.M.) 198/2013 7. DECLARE 30 BLDGS LISTED ON EXHIBIT A TO BE PUBLIC NUISANCES; AUTHORIZE SAF DIR TO ENTER INTO CONTRACT FOR DEMOLITION OF SAID BLDGS AND AUTHORIZE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO STARK COUNTY AUDITOR; EMERGENCY Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - OCTOBER 28, 2013 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#8 - O#18; O#17 ADOPTED; O#18 ADOPTED AS AMENDED) 2 ND RDG 8. AMEND APPROP O#209/2012; EMERGENCY ($300,000.00 FROM UNAPPROP BAL OF 2316 W IC GRANT FUND $230,000.00 TO 2316 W IC GRANT FUND - OTHER & $70,000.00 TO 2316 W IC GRANT FUND - PERSONNEL) (FIN) 2 ND RDG 9. AMEND O#209/2012; EMERGENCY ($1,459.54 FROM 2323 301001 - OTHER TO 2323 301001 - PERSONNEL - HEALTH DEPT) (FIN) 2 ND RDG 10. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W /LENCO ARMORED VEHICLES IN AN AMT NOT TO EXCEED $79,623.50 TO REFURBISH THE SW AT ARMORED VEHICLE; EMERGENCY (PPCI) 2 ND RDG 11. AUTHORIZE SAF DIR TO REC THE 2012 COPS HIRING PROG GRANT IN AMT NOT TO EXCEED $821,489.00; EMERGENCY (FIN) 2 ND RDG 12. AUTHORIZE SAF DIR TO REC THE 2013 COPS HIRING PROG GRANT IN AMT NOT TO EXCEED $851,949.00; EMERGENCY (FIN) 2 ND RDG 13. AUTHORIZE SERV DIR TO ENTER INTO AGMT W /THE OHIO DEPT OF TRANSPORTATION FOR THE ABILITY TO CONDUCT MAINTENANCE OPERATIONS/CONTACTS ON 1-77 W ITHIN CANTON CORP LIMITS; EMERGENCY (PS&T) 2 ND RDG 14. AUTHORIZE & CONSENT TO REPAIR OF STRUCTURE #7606516 (FAIRCREST BRIDGE) ON SR 627 OVER THE STREAM AT SEC 4.32; EMERGENCY (PS&T) 2 ND RDG 15. AUTHORIZE & CONSENT TO GUARDRAIL UPGRADES ON SR 43, SR 687, SR 800, US 30 & US 62; EMERGENCY (PS&T) 2 ND RDG 16. AUTHORIZE & CONSENT TO MISCELLANEOUS W ORK ON 30 TH ST; EMERGENCY (PS&T) 199/2013 17. ACCEPTING THE AMTS & RATES AS DETERMINED BY THE BUDGET COMMISSION & AUTHORIZING THE NECESSARY TAX LEVIES & BUDGET COMMISSION & AUTHORIZING THE NECESSARY TAX LEVIES & CERTIFYING THEM TO THE COUNTY AUDITOR (FIN) AS AM ENDED 200/2013 18. AUTHORIZE SERV DIR TO ENTER INTO AN AMENDMENT OF THE PROF SVCS AGMT W /CT CONSULTANTS INC IN AN AMT NOT TO EXCEED $756,200.00 & TO FILE AN APP & ENTER INTO AN AGMT W /OHIO EPA FOR A SUPPLEMENTAL LOW -INTEREST LOAN FROM THE W ATER POLLUTION CONTROL LOAN FUND; AMEND APPROP O#209/2012; EMERGENCY (FROM UNAPPROP BAL OF 5410 SEW ER FUND TO 5410 206044 W RF PHOSPHORUS/TOTAL NITROGEN PROJ - OTHER) (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 201/2013 19. AUTHORIZE CANTON TO ANNEX THE TERRITORY KNOW N AS THE HOF ANNEXATION AREA CONTAINING APPROX 5.776 ACRES; ASSIGNING SAID TERRITORY TO W ARD 7 OF THE CITY; ZONING SAID TERRITORY AS CS (COMMUNITY SERVICE); EMERGENCY PUB HRG 10/28/13 @ 7:30 PM 202/2013 20. ORDINANCE TO PROCEED W ITH IMPLEMENTATION OF PUBLIC SERV PLAN ADOPTED BY DOW NTOW N CANTON SPECIAL IMPROVEMENT DISTRICT; ADOPTING THE ESTIMATED ASSESSMENT PREPARED & FILED W ITH THE RESOLUTION OF NECESSITY; EMERGENCY 203/2013 21. AMEND APPROP O#209/2012; EMERGENCY ($295,081.00 FROM UNAPPROP BAL 5442 W RF PHOSPHORUS/NITROGEN PROJ FUND TO 5442 206044 W RF PHOSPHORUS/NITROGEN PROJ - OTHER) 204/2013 22. AUTHORIZING THE CITY AUDITOR TO PAY $12,152.84 TO CENTRAL ALLIED ENTERPRISES; EMERGENCY (PATCHING - STREET DEPT) 205/2013 23. AUTHORIZING THE CITY AUDITOR TO PAY $23,195.00 TO LAKE ERIE CONSTRUCTION COMPANY; EMERGENCY (DMDG. ATTENUATOR) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, NOVEM BER 18, 2013 in Council Caucus Room at 6:45 P.M . 1) Finance Com m ittee 2) Public Safety & Thoroughfares Com m ittee 3) Judiciary Com m ittee 4) Public Property Capital Im provem ent Com m ittee 5) Com m unity & Econom ic Developm ent Com m ittee M ISCELLANEOUS BUSINESS: Mayor Healy says there was a nice article and endorsem ent in the Repository about the Park Levy. He also announced his endorsem ent for the Park Levy (Issue 1) on the ballot next week. This is the first step in com bining the Parks and Recreation Departm ents. There will be m oney earm arked from the passage of this levy for the Parks Departm ent and the m oney that will be saved from the General Fund can be used for the increase of the city safety forces. Mem ber W est thanked Steve Koons, Dave Kirven and the gentlem en from the Building Trades for rebuilding a shelter at Nim isilla Park on Saturday. This shelter had com e down in a storm at the beginning of sum m er and there was not enough m oney to rebuild it. These m en volunteered their tim e and supplies to get the shelter back up. Pastor Tom m y Brewer also cam e down and provided free lunch to all the workers. A special thanks to all involved. Mem ber Dougherty told Mem ber W est to get with the office staff and be sure a thank you letter went out to all that helped with the shelter. He also thanked Derek CANTON CITY COUNCIL AGENDA - PAGE 4 - OCTOBER 28, 2013 Gordon, Director of the Parks Departm ent for all of his hard work on getting out the inform ation for the Park Levy. ADJOURNM ENT: 8:11 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, NOVEM BER 18, 2013 @ 7:30 PM

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