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City Council

Regular Meeting

Canton, OH · January 5, 2009

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -1- MINUTES OF THE MEETING OF JANUARY 5, 2009 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. Want to wish all of you a healthy, happy, and prosperous New Year. And to all of the Members and the Mayor, and the Mayor’s administration. Tonight is Ohio State. I know we have five people speaking but please three minutes, you know in Northeastern Ohio football is more important than City business, and I am only kidding. With a quorum being present, the Chair calls this meeting of Canton City Council to order, roll call please, Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCILMEMBERS PRESENT: (DON CASAR, JOE CARBENIA, MARY CIRELLI, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, TERRY PRATER, DAVID DOUGHERTY, PATRICK BARTON, & KARL “BUTCH” KRAUS) CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight our invocation will be given by Council Member, Thomas West. Will you all please remain standing for the pledge of allegiance. The regular meeting of Canton City Council was held on Monday, January 5, 2009 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Council Member Thomas West, the Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member West. We’re now under agenda corrections and changes, and Members of Council, you’re going to be asked to suspend Rule 22A to add second reading of Ordinances 4 through 7, is that right leader? MEMBER CASAR: Yes, that is correct. PRESIDENT SCHULMAN: Great. Leader the Chair will recognize the motion. MEMBER CASAR: Mr. President, I move that we suspend Rule 22A and add Ordinances 4 and through and including #7 on this evening’s agenda. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add second reading Ordinances 4 through 7. Are there any remarks, if not 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 suspended and the Ordinances are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -2- MINUTES OF THE MEETING OF JANUARY 5, 2009 PUBLIC HEARINGS PRESIDENT SCHULMAN: We are under Public Hearings, and there are no Public Hearings this evening.. PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under Public Speaks and Ordinances and Resolutions for adoption. We have no speakers signed up this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolution. Resolution #1 has been withdrawn by the Mayor and the administration and it is our understanding that Resolution #3 is going to be postponed until January 12, 2009. So Madame Clerk, would you please read Resolution 2 by title. #2. PERSONNEL COMMITTEE: REQ RE-APPT OF LARRY BELL TO FAIR HSNG COMMISSION FR: 1/1/09 - 12/31/14. - ADOPTED PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance, Resolution #2. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded to adopt Resolution #2. Are there any remarks? If not by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #2 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Resolution 2 is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re are now under Communications. Let the journal show that all communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JANUARY 5, 2009. 1. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES FOR 2008. - RECEIVED & FILED 2. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES FOR 2008. - RECEIVED & FILED 3. AUDITOR MALLONN (CITY): MONTHLY RPT BY FUND FOR 12/01/08 - 12/31/08. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -3- MINUTES OF THE MEETING OF JANUARY 5, 2009 4. AUDITOR MALLONN (CITY): YRLY RPT BY FUND FOR 1/1/08 - 12/31/08. - RECEIVED & FILED 5. LAW DIRECTOR MARTUCCIO: AUTHORIZE SERV DIR TO ENTER INTO CONTRACT FOR GENERAL LIABILITY, AUTO LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY & EMPLOYEE BENEFITS LIABILITY INSUR W/THE OHIO PLAN THRU HYLANT GROUP IN AMT NOT TO EXCEED $134,022.00 RETRO 1/1/09 - 12/31/09. - FINANCE COMMITTEE 6. LAW DIRECTOR MARTUCCIO: REQ THAT A NEW ORDINANCE AMENDING EXHIBIT A TO O#198/2008 BE ADDED TO THIS AGENDA & PASSED AS EMERGENCY W/ALL 3 RDGS TO INSURE A SMOOTH FISCAL TRANSITION FR: 2008 TO 2009. - FINANCE COMMITTEE 7. MAYOR HEALY: REQ APPT OF JOANNE PAULINO TO TAX INCENTIVE REVIEW BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 8. MAYOR HEALY: REQ RE-APPT OF REVEREND WARREN CHAVERS TO TAX INCENTIVE REVIEW BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 9. MAYOR HEALY: REQ RE-APPT OF JACK BOLENDER JR TO INVESTMENT BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 10. MAYOR HEALY: REQ RE-APPT OF RON BERGER & MICHAEL ABBOTT TO CANTON CONSTRUCTION BD COMMENCING 1/1/09 - 12/31/12; ALSO CLARIFYING THAT MIKE MCELFRESH’S TERM AS ELECTRIC JOURNEYMAN EXPIRES 2/28/09. - PERSONNEL COMMITTEE 11. MAYOR HEALY: REQ RE-APPT OF DON TARVER, WILLIAM EUSTATHIOS & JEFFREY LECHAK TO BOARD OF BLDG APPEALS COMMENCING 1/1/09 - 12/31/14. - PERSONNEL COMMITTEE 12. MAYOR HEALY: ADVISING OF RE-APPT OF ROBERT THOMPSON & DONALD PETERSON TO CANTON COMMUNITY IMPROVEMENT CORP COMMENCING 1/1/09 - 12/31/09. - RECEIVED & FILED 13. MAYOR HEALY: ADVISING OF RE-APPT OF STEVE KATZ TO CANTON COMMUNITY IMPROVEMENT CORP COMMENCING 1/1/09 - 12/31/09. - RECEIVED & FILED 14. SAFETY DIRECTOR NESBITT: REQ TO ENTER INTO LEASE AGMTS W/SEVERAL ENTITIES FOR PURPOSE OF UTILIZING CITY OWNED PARKING SPACES. - FINANCE COMMITTEE 15. SERVICE DIRECTOR BERNABEI & SAFETY DIRECTOR NESBITT: REQ TO ADVERTISE REC BIDS & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS & PROFESSIONAL SVCS FOR 2009; ALTERNATIVELY AUTHORIZE TO ENTER INTO CONTRACTS FOR PURCHASE OF SAID ITEMS IN ACCORDANCE W/O.R.C. SEC 125.04, STATE COOP PURCHASING AGMT, O.R.C. SEC 5513.01, OH DEPT OF TRANSPORTATION PURCHASING COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -4- MINUTES OF THE MEETING OF JANUARY 5, 2009 AGMT, O.R.C SEC 735.05, NONPROFIT AGENCIES, WHICH PROGRAMS EXEMPT SAID PURCHASES FR: REQUIREMENTS OF COMPETITIVE BIDDING. - FINANCE COMMITTEE 16. SERVICE DIRECTOR BERNABEI: REQ LEGISLATION AUTHORIZING $7,200,000.00 SUPP APPROP OF LOAN PROCEEDS FR: OH WATER DEVELOPMENT AUTHORITY THRU THE WATER SUPPLY REVOLVING LOAN ACCT. - FINANCE COMMITTEE 17. SERVICE DIRECTOR BERNABEI: REQ TO ENTER INTO PROF SVCS CONTRACT W/CT CONSULTANTS, INC IN AMT NOT TO EXCEED $24,750.00 FOR A PLANNING STUDY FOR PHOSPHORUS REMOVAL & MISCELLANEOUS IMPROVEMENTS AT WRF. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for their First Reading. Let the Journal show that all Ordinances are being given their reading as required by State Law. Madame Clerk would you please read the first reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #3 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS. #1. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS ESLICH ANNEXATION AREA CONTAINING APPROXIMATELY 7.590 ACRES; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY’S ZONING SAID TERRITORY AS I-1 (LIGHT INDUSTRIAL); AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, & ENTER INTO CONTRACT FOR UTILITY RELOCATION AND SITE DEMOLITION FOR THE CANTON FEDERAL CENTER PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance & Public Property Capital Improvement Committees #3. (1ST RDG) ADOPTED AS ORDINANCE NO, 1/2009 AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE #198/2008; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now on Ordinances for their second reading. MEMBER CASAR: Mr. President. PRESIDENT SCHULMAN: Oh, OK. Sorry. The Chair is going to declare a recess in regard to Ordinance 3. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -5- MINUTES OF THE MEETING OF JANUARY 5, 2009 (COUNCIL RECESSED @ 7:41 PM FOR FINANCE CMTE TO DISCUSS THE ADOPTION OF ORDINANCE #3; RECONVENED @ 7:42 PM) PRESIDENT SCHULMAN: Thank you. Council is now reconvening after the recess. Leader Casar. MEMBER CASAR: Mr. President, I move we suspend Rule 22A and replace, return Ordinance #3 back on this evening’s agenda. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinance 3 back onto the agenda. Are there any remarks? If not, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #3 is therefore, a part of your agenda. Leader Casar. MEMBER CASAR: Mr. President, I move we suspend the Statutory rules on Ordinance #3. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory rules on Ordinance #3. Are there any remarks? If not, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: The motion carries. Member Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #3. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #3. Are there any remarks? If not, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #3 is adopted. We are now on Ordinances COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -6- MINUTES OF THE MEETING OF JANUARY 5, 2009 and Resolutions for their second reading. Madame Clerk, would you read the Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 THROUGH #7 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #4. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING DEDICATION PLAT OF A PORTION OF CLEVELAND AVENUE S; APPROVING AND ACCEPTING THE REPLATTING OF PARTS OF OUT LOTS 488 AND 489; AND DECLARING THE SAME TO BE AN EMERGENCY #5. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH WARREN FIRE EQUIPMENT, INC. IN AN AMOUNT NOT TO EXCEED $90,686.71 FOR THE PURCHASE OF TURNOUT GEAR PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $7,445.64 TO NORTHSTAR ASPHALT, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE CENTRAL ALLIED 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 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We are now under Ordinances for their third and final reading. Madame Clerk would you please read Ordinance #8 by title. #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 2/2009 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A LEASE AGREEMENT WITH PHIL CAPRI FOR THE LEASE OF PROPERTY LOCATED AT 903 12TH STREET N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Casar. MEMBER CASAR: Mr. President, I move we adopt Ordinance #8. MEMBER CARBENIA: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Are there any remarks? If not, Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -7- MINUTES OF THE MEETING OF JANUARY 5, 2009 NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 2/2009 PRESIDENT SCHULMAN: Ordinance #8 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee meetings. Committee meetings? MEMBER PRATER: Mr. President PRESIDENT SCHULMAN: Member Barton, Prater. MEMBER PRATER: Personnel Committee will meet January 12th at 6:45 pm. MEMBER DOUGHERTY: Mr. President PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet that evening at 6:45. PRESIDENT SCHULMAN: Thank you. MEMBER SMUCKLER: Mr. President PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Annexation will meet same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Finance Committee will meet at 6:45, January 12, 2009. PRESIDENT SCHULMAN: Thank you. PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY) PRESIDENT SCHULMAN: We’re under Public Speaks open forum and we have five speakers signed up this evening. Our first speaker this evening is Rick Simmons, and Mr. Simmons if you would step forward please and give us your name and your residential address. And good evening sir, and Happy New Year. RICK SIMMONS: Good evening my name is Rick Simmons. I live at 2522 Winfield Way NE. I have been a COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -8- MINUTES OF THE MEETING OF JANUARY 5, 2009 resident for 39 years and I come here tonight to thank all the Council Members for your support and talk about the J. Babe Stearn Center and the Canton Youth Football League. It was a success. On behalf of the 270 kids playing football, we had 76 cheerleaders, so over 300 kids participating within our league for our very first year. But that doesn’t support some of those kids and the local businesses that funded money and a good foundation, which we greatly appreciated that. Without your support of the youth in Canton now we got more kids playing football and off the streets in an organized and fashioned way. Plus our education program is second to none. I wish more youth organizations could do this. We have two teachers with Masters. One is Laura McIntyre and the other is named Sondra Dixon. We also look at expanding our education for this year so I am asking once again for the letter of support from you guys to help out a lot and maybe this year, Mr. Healy, if you could sign that letter I would very much appreciate it, and Mr. Nesbitt thank you for everything you’ve done for us this year, that’s all. PRESIDENT SCHULMAN: Great job. (APPLAUSE) PRESIDENT SCHULMAN: I wish we could clone you. Our next speaker is Patricia Kirk. We need a new PA system. Problems with microphone on first speaker - pause while changing equipment. PRESIDENT SCHULMAN: That’s just one of many reasons why Member Kraus is such a great Council Member. (APPLAUSE) PATRICIA KIRK: I am so thankful for his help because I sure don’t want to break this, like I did one other time. This is going to be very, very short. PRESIDENT SCHULMAN: Quick name and residential address. PATRICIA KIRK: Oh, I’m sorry. PRESIDENT SCHULMAN: You have been here a hundred times, you should know that. PATRICIA KIRK: My name is Pat Kirk and I live at 131 5th St. NE and I am President of Shake-a-Leaf and also Downtown Central Neighborhood Association. This is going to be very, very short and I want to apologize. I didn’t have copies for everyone, I even gave out mine, you should have 3 if you don’t, I apologize some of you do. I bring you good news for the new year. Remember when I was asking about Kresge and I gave you the Kresge petition and all that. The very first concern was that we may have to pay back the grant if we don’t put a building on it. Well the good news is you don’t have to. It is 2009 and you don’t have to. A couple of years ago now, for those of you that have a newspaper article, I think it’s called “Should Kresge be Grass”. The third paragraph down, you got a loan or a grant from the Ohio Department of Development. They visited Kresge lot and found that it meets, it meets the economic development component of the agreement. We feel as though the green space has spurred economic development around that area and we’ve been very pleased with the remediation as it’s been fulfilled Pendel said. Many developers may prefer rehabbing an existing building because it’s less expensive Poorman said. This is not a political issue but it’s what is good for Canton issue. Developing green space is development. Only green space and trees and save Canton from the expensive of COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -9- MINUTES OF THE MEETING OF JANUARY 5, 2009 flooding and more gray infrastructure. It’s the only green space downtown that we have, and we have more people than you have in a quiet suburb. People remember Kresge lot when they go down Market Avenue, they don’t remember the buildings. They remember Kresge lot. Families can enjoy that. Workers can enjoy that, for free and that is especially important at these times. And if you don’t believe me, there’s the Lieutenant Governor just this October, in Earthwatch Ohio, some of you have that, Earthwatch Ohio, I believe it’s on the fourth page, it’s highlighted in yellow. It showcases the Kresge lot and how it was a great success. I think that you are under more pressure to keep that as green space and develop it as green space. It’s a great plus for the Canton area and for the downtown area and the businesses and the people would like it. I can’t say enough for that area and I support your efforts and also support your efforts in learning more about this. Thank you very much. PRESIDENT SCHULMAN: Thank you, as always, Miss Kirk, and Happy New Year. Our next speaker is Jan Schuneler, I hope I have pronounced that correctly, if I haven’t, tell me. Schueler, I’m sorry. JAN SCHUELER: I think I scribbled to much. PRESIDENT SCHULMAN: No your writing is good, my eyes are just bad. Good evening, Happy New Year, give us your name and residential address. JAN SCHUELER: Happy New Year to you too. My name is Jan Schueler, I live at 1575 24th St NW in Canton and I came to talk about the 100 and 200 year old trees on Cleveland Avenue and 25th St by the Fire Station and I am going to pass around some pictures of these trees. These are among the oldest and strongest trees in the City. Not all trees live this long. They have the largest tree canopy in Canton, and a tree canopy is defined by the outer reaches of it’s leaves. Oak trees have wide canopies. If a larger Fire Station is built on this site, the trees will be destroyed. Trees that are dramatically effecting the air and water quality of Canton right now. In the Canton Quarterly, the last one, I am sorry to say, volume 3, page 13, it states that this city has already spent $6,000.000.00 in infrastructure improvements to prevent flooding. Flooding and water run off are caused by the absence of open green space supporting trees. Trees in Canton improve flooding and run off problems without spending money. Other cities, in Akron and Baltimore, Maryland are two examples take ariel views of the tree canopy in their cities to prevent water run off issues before they become problems. American Forest’s magazine recommends an average 40% tree canopy east of the Mississippi. Tree cover has declined by about 30% over the last 20 years, while the urban areas have increased by 20%. With decline in tree covers significant air and water management costs have increased. Akron and Baltimore increased tree canopies where there aren’t any. This is how they “Solved current problems and avoid future problems.” This was in, on page 13 also. Canton seems intent on cutting down good, healthy trees that will prevent problems with flooding, run off, air, and water pollution. Is it cheaper to pay government fines when we can’t meet air and water pollution standards? The shimmered oak trees on Cleveland Avenue and 25th Street, and those are very rare oak trees in Ohio that did not blow over in recent winds as other did. Replacing these trees with saplings will destroy not only the benefits they provide us, but also part of the history of Canton, Ohio, and according to the original deed transfer, this park area has been reserved for park purposes and perpetuity. Cutting down these historic trees effects more than a neighborhood, it effects the whole City. Thank you. PRESIDENT SCHULMAN: Thank you, very much. (APPLAUSE) PRESIDENT SCHULMAN: Our next speaker is something J. Dutton, I apologize. Good evening and Happy COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -10- MINUTES OF THE MEETING OF JANUARY 5, 2009 New Year. Just tell us your name please and your residential address. T. J. DUTTON: Good evening and don’t apologize cause that T probably looks more like a 7 than it does anything else. PRESIDENT SCHULMAN: T.J., Ok. Thank you. T. J. DUTTON: That’s my fault, I’m sorry. PRESIDENT SCHULMAN: That’s alright, welcome. T. J. DUTTON: My name is T. J. Dutton, 6895 Kemory Ave SW. I am a certified arborist. I service the Stark County area and I just came tonight to support Shake-a-Leaf. I just thought it, I am in the business to keep trees alive. We are a tree preservation company, and in this area that’s a lonely place to be. And when I heard of, there was an organization in downtown Canton trying to promote green spaces and to try to keep trees alive, I just wanted to be a part of it. And that’s why I’m here. The woman that spoke before me, there is not much to add other than that. I thought that was a great account of exactly what trees can do, but what I would like to add is if we, when I say we, I mean people in general. It’s much more convenient to cut down a tree. It’s, if everybody takes that point of view, and kinda like passes the buck, we don’t have to deal, we need to move this tree because of this, or this, or that, or the other, it’s got to stop somewhere. They are responsible for the clean air that we breathe and the other thing that I wanted to add is that it is almost always more economical, cheaper to keep a tree alive than it is to remove a tree, especially about the trees she was speaking about on 25th Street. Those are large trees. It would be a considerable price to remove those trees and to save those trees would be a fraction of that, and that’s what I wanted to say, and thanks for your time. I appreciate it. PRESIDENT SCHULMAN: Thank you very much. Thank you for what you do. (APPLAUSE) Our last speaker this evening is Coretta Gibbs. Ms. Gibbs, good evening. If you would give us your name and your residential address, please. LORETTA GIBBS: My name is Loretta Gibbs. PRESIDENT SCHULMAN: Loretta, I’m sorry. I can’t read anybody’s name tonight. It’s not you. LORETTA GIBBS: 329 Belden NE. My concern is about dogs. OK, last Tuesday there was three dogs in my son’s yard, and I called the Dog Warden. How many Dog Warden’s do we have here in Canton, is in employed? PRESIDENT SCHULMAN: Go ahead, I don’t know. LORETTA GIBBS: Well anyway, no respond. I stood at my doorway for a half an hour. I called Saturday and emergency says they do not come out on Saturdays unless it is an emergency. In other words, somebody’s got to get hurt in order for somebody to come out. I am trying to eliminate this here. You got senior citizens, kids going back and forth to school, there is nothing being done. They came out today for 10 minutes. I’m looking at this guy. I mean is there anything you guys can do for us? That’s it. PRESIDENT SCHULMAN: Thank you. Everyone will be here after the meeting to take up whatever your complaints are. I’m sure there’ll be people in the administration that want to hear your story. Alright, thank you COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -11- MINUTES OF THE MEETING OF JANUARY 5, 2009 very much, and Happy New Year. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: OK, we are now under Miscellaneous Business. Is there any Miscellaneous Business? I have just one thing to say. Member Griffin apparently is now enjoying the retirement years, I understand. Jim is retired from the County Treasurer’s office and I believe Jim you were there for MEMBER GRIFFIN: 17 years. PRESIDENT SCHULMAN: How about that. (APPLAUSE) Now you can devote full time. MEMBER GRIFFIN: You know those department heads thought I was a pain in the butt before...they’re going to find out I was just a pimple on their burr. I’m going to be a big hemorrhoid now. PRESIDENT SCHULMAN: Well that was certainly a pleasant way to say it. Leader Casar. MEMBER CASAR: He musta retired early, too. Mr. President I move we adjourn. MEMBER CARBENIA: 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. Meetings adjourned. ADJOURNMENT TIME: 8:01 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JANUARY 5, 2009 ROLL CALL: All Council Mem bers Present INVOCATION: Thom as W est, W ard 2 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#3 and 2 nd Rdg O#4 - O#7; O#3 Adopted on 1 ST Rdg; RE#3 Postponed until 1/12/09) PUBLIC HEARINGS: (None) PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): (None) INFORM AL RESOLUTIONS: MAJORITY LEADER DON CASAR: EXCUSING MEMBERS. (Not Necessary) 1. PERSONNEL COMMITTEE: REQ APPT OF DANNY THOMPSON TO PLANNING COMMISSION RETRO 9/24/08 - 12/31/09. - W ITHDRAW N BY ADMINISTRATION 2. PERSONNEL COMMITTEE: REQ RE-APPT OF LARRY BELL TO FAIR HSNG COMMISSION FR: 1/1/09 - 12/31/14. - ADOPTED 3. PERSONNEL COMMITTEE: REQ APPT OF MONIQUE MOORE TO FAIR HSNG COMMISSION RETRO 8/1/08 - 7/31/13. - POSTPONED UNTIL 1/12/09 COM M UNICATIONS: 1. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES FOR 2008. - RECEIVED & FILED 2. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES FOR 2008. - RECEIVED & FILED 3. AUDITOR MALLONN (CITY): MONTHLY RPT BY FUND FOR 12/01/08 - 12/31/08. - RECEIVED & FILED 4. AUDITOR MALLONN (CITY): YRLY RPT BY FUND FOR 1/1/08 - 12/31/08. - RECEIVED & FILED 5. LAW DIRECTOR MARTUCCIO: AUTHORIZE SERV DIR TO ENTER INTO CONTRACT FOR GENERAL LIABILITY, AUTO LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY & EMPLOYEE BENEFITS LIABILITY INSUR W /THE OHIO PLAN THRU HYLANT GROUP IN AMT NOT TO EXCEED $134,022.00 RETRO 1/1/09 - 12/31/09. - FINANCE COMMITTEE 6. LAW DIRECTOR MARTUCCIO: REQ THAT A NEW ORDINANCE AMENDING EXHIBIT A TO O#198/2008 BE ADDED TO THIS AGENDA & PASSED AS EMERGENCY W /ALL 3 RDGS TO INSURE A SMOOTH FISCAL TRANSITION FR: 2008 TO 2009. - FINANCE COMMITTEE 7. MAYOR HEALY: REQ APPT OF JOANNE PAULINO TO TAX INCENTIVE REVIEW BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 8. MAYOR HEALY: REQ RE-APPT OF REVEREND W ARREN CHAVERS TO TAX INCENTIVE REVIEW BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 9. MAYOR HEALY: REQ RE-APPT OF JACK BOLENDER JR TO INVESTMENT BD COMMENCING 1/1/09 - 12/31/11. - PERSONNEL COMMITTEE 10. MAYOR HEALY: REQ RE-APPT OF RON BERGER & MICHAEL ABBOTT TO CANTON CONSTRUCTION BD COMMENCING 1/1/09 - 12/31/12; ALSO CLARIFYING THAT MIKE MCELFRESH’S TERM AS ELECTRIC JOURNEYMAN EXPIRES 2/28/09. - PERSONNEL COMMITTEE 11. MAYOR HEALY: REQ RE-APPT OF DON TARVER, W ILLIAM EUSTATHIOS & JEFFREY LECHAK TO BOARD OF BLDG APPEALS COMMENCING 1/1/09 - 12/31/14. - PERSONNEL COMMITTEE 12. MAYOR HEALY: ADVISING OF RE-APPT OF ROBERT THOMPSON & DONALD PETERSON TO CANTON COMMUNITY IMPROVEMENT CORP COMMENCING 1/1/09 - 12/31/09. - RECEIVED & FILED 13. MAYOR HEALY: ADVISING OF RE-APPT OF STEVE KATZ TO CANTON COMMUNITY IMPROVEMENT CORP COMMENCING 1/1/09 - 12/31/09. - RECEIVED & FILED 14. SAFETY DIRECTOR NESBITT: REQ TO ENTER INTO LEASE AGMTS W /SEVERAL ENTITIES FOR PURPOSE OF UTILIZING CITY OW NED PARKING SPACES. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - JANUARY 5, 2009 COM M UNICATIONS CONTINUED: 15. SERVICE DIRECTOR BERNABEI & SAFETY DIRECTOR NESBITT: REQ TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS & PROFESSIONAL SVCS FOR 2009; ALTERNATIVELY AUTHORIZE TO ENTER INTO CONTRACTS FOR PURCHASE OF SAID ITEMS IN ACCORDANCE W /O.R.C. SEC 125.04, STATE COOP PURCHASING AGMT, O.R.C. SEC 5513.01, OH DEPT OF TRANSPORTATION PURCHASING AGMT, O.R.C SEC 735.05, NONPROFIT AGENCIES, W HICH PROGRAMS EXEMPT SAID PURCHASES FR: REQUIREMENTS OF COMPETITIVE BIDDING. - FINANCE COMMITTEE 16. SERVICE DIRECTOR BERNABEI: REQ LEGISLATION AUTHORIZING $7,200,000.00 SUPP APPROP OF LOAN PROCEEDS FR: OH W ATER DEVELOPMENT AUTHORITY THRU THE W ATER SUPPLY REVOLVING LOAN ACCT. - FINANCE COMMITTEE 17. SERVICE DIRECTOR BERNABEI: REQ TO ENTER INTO PROF SVCS CONTRACT W /CT CONSULTANTS, INC IN AMT NOT TO EXCEED $24,750.00 FOR A PLANNING STUDY FOR PHOSPHORUS REMOVAL & MISCELLANEOUS IMPROVEMENTS AT W RF. - FINANCE COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS ESLICH ANNEXATION AREA CONTAINING APPROX 7.590 ACRES; ASSIGNING TO W ARD 6; ZONING AS I-1 (LIGHT INDUSTRIAL); EMERGENCY PUB HRG: 1/26/09 @ 7:30 P.M . Referred to Annexation Com m ittee 1 ST RDG 2. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS & ENTER INTO CONTRACT FOR UTILITY RELOCATION & SITE DEMOLITION FOR CANTON FEDERAL CENTRAL PROJ; EMERGENCY Referred to Finance & Public Property Capital Im provem ent Com m ittees (COUNCIL RECESSED @ 7:41 PM FOR FINANCE CMTE TO DISCUSS THE ADOPTION OF O#3; RECONVENED @ 7:42 PM) 1/2009 3. AMEND EXHIBIT A TO O#198/2008; EMERGENCY Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#4- O#7) 2 ND RDG 4. APPROVE & ACCEPT DEDICATION PLAT OF PORTION OF CLEVELAND AVE S & REPLAT PART OF OUT LOTS 488 & 489; EMERGENCY (PS&T) 2 ND RDG 5. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W /W ARREN FIRE EQUIPMENT, INC IN AMT NOT TO EXCEED $90,686.71 FOR PURCHASE OF TURNOUT GEAR PURSUANT TO O.R.C. SECTION 125.04; EMERGENCY (FIN) 2 ND RDG 6. AUTHORIZE AUDITOR TO PAY MORAL OB AMT NOT TO EXCEED $7,445.64 TO NORTHSTAR ASPHALT, INC; EMERGENCY (FIN) 2 ND RDG 7. APPRV STATEMENT OF SERVICES FOR CENTRAL ALLIED ANNEXATION AREA; EMERGENCY (ANNEX) ORDINANCES & FORM AL RESOLUTION FOR THIRD/FINAL READING & VOTE: 2/2009 8. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMT W /PHIL CAPRI FOR LEASE OF PROP @ 903 12 TH ST NW ; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, JANUARY 12, 2009 in Council Caucus @ 6:45 P.M . 1) Personnel Com m ittee 2) Public Property Capital Im provem ent Com m ittee 3) Annexation Com m ittee 4) Finance Com m ittee PUBLIC SPEAKS: Rick Sim m ons re: Stating that Canton Youth Football League was a success last year and will be expanding this year, therefore is hopeful to get another letter of support; Patricia Kirk re: Stating that the grant from the Ohio Departm ent of Developm ent for the Kresge lot does not have to be paid back since the lot m eets the econom ic developm ent com ponent of the agreem ent; Jan Schueler re: Talking about the 100-200 year old trees on Cleveland Avenue and 25 th Street, also quoting an article from the Canton Quarterly about trees; T.J. Dutton re: Cam e to support Shake-a-Leaf as a Certified Arborist; Loretta Gibbs re: Expressing concerns about dogs running loose in her area and asking if there is anything anyone can do. M ISCELLANEOUS BUSINESS: President Sculm an re: Advising of Mem ber Griffin’s retirem ent from the Stark County Treasurer’s Office after 17 years of service. ADJOURNM ENT: 8:01 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JANUARY 12, 2009 @ 7:30 PM

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