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City Council

Regular Meeting

Canton, OH · January 26, 2009

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -28- MINUTES OF THE MEETING OF JANUARY 26, 2009 PRESIDENT PRO TEM CASAR: With a quorum being present, the Chair calls this meeting of Canton City Council to order, roll call please. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCILMEMBERS PRESENT: (DON CASAR, JOE CARBENIA, MARY CIRELLI, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, TERRY PRATER, DAVID DOUGHERTY, & PATRICK BARTON) ELEVEN MEMBERS PRESENT, ONE ABSENT (KARL “BUTCH” KRAUS, JR. AND PRESIDENT SCHULMAN) CLERK TIMBERLAKE: Eleven present, one absent Mr. President. PRESIDENT PRO TEM CASAR: We will have the invocation given this evening by 4th Ward Council Person Chris Smith. Will you please remain standing for the pledge of allegiance. The regular meeting of Canton City Council was held on Monday, January 26, 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 Chris Smith, the Pledge of Allegiance led by President Pro Tem Casar. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM CASAR: Thank you Member Smith. We’re now under agenda corrections. Members of Council, we are asked to suspend Rule 22A and Resolution #10 and the second reading of Ordinances 7 through and including #11 except for #10 which will be withdrawn. Postponed, I’m sorry, postponed until next week. MEMBER CARBENIA: Mr. President, I move that Rule 22A be suspended to add Resolution #10, second readings 7 through and including #11 to this evening’s agenda with the exception of #10 which will be retained in committee. MEMBER CIRELLI: Seconded. PRESIDENT PRO TEM CASAR: It’s been moved and seconded to add Resolution #10 and Ordinances and on this evening’s agenda. Are there any remarks? If not roll call please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President, one absent. PRESIDENT PRO TEM CASAR: Rule 22A has been suspended and rules are a legal part of the agenda. PUBLIC HEARINGS PRESIDENT PRO TEM CASAR: Public Hearing, we have one public hearing scheduled for this evening. AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE ESLICH COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -29- MINUTES OF THE MEETING OF JANUARY 26, 2009 ANNEXATION AREA CONTAINING APPROXIMATELY 7.590 ACRES; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS I-1 (LIGHT INDUSTRIAL); AND DECLARING THE SAME TO BE AN EMERGENCY. PLANNING COMMISSION RECOMMENDED APPROVAL. Are there anyone in the audience wishing to speak for or against this zone change? Is there anyone in the audience that wishes to speak for or against? Is there anyone in the audience wishing to speak for or against? It is, there is obviously no one wishing to speak against it so this part of the public hearing will be closed and we will be deal with it on Ordinance #12, right.. PUBLIC SPEAKS PRESIDENT PRO TEM CASAR: We are now under Public Speaks containing Ordinances and we have no speakers signed up for the Ordinances. INFORMAL RESOLUTIONS PRESIDENT PRO TEM CASAR: Informal Resolutions. Madame Clerk will you please read Ordinance number, oh we don’t have any. I got ahead of myself. I’ll entertain a motion to excuse the President of Council Allen Schulman and 8th Ward Councilman Member Hawk, Member Kraus. MEMBER CARBENIA: Mr. President. I move we excuse President Schulman and Member Hawk or Member Kraus from tonight’s meeting. MEMBER CIRELLI: Seconded. PRESIDENT PRO TEM CASAR: It’s been moved and seconded to excuse President Schulman and also 8th Ward Councilman Member Kraus. Are there any remarks? If not roll call, please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven present, one absent. PRESIDENT PRO TEM CASAR: Member Kraus and President Schulman are duly excused from this evening’s meeting. Resolution #9, Madame Clerk will be postponed until September 9th, February 9th. I’m having a bad night. I guess everyone’s had a bad day too, so, Madame Clerk would you please the Resolution by title for #10. #10. COUNCIL AS A WHOLE: ROUTE 30 EXTENSION - ADOPTED PRESIDENT PRO TEM CASAR: Is there a motion to adopt Ordinance #, Resolution #10? MEMBER CARBENIA: Mr. President, I move we adopt Resolution #10. MEMBER CIRELLI: Seconded. PRESIDENT PRO TEM CASAR: Resolution #10 has been moved and seconded for adoption. Are there any remarks? If not, all those in favor signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -30- MINUTES OF THE MEETING OF JANUARY 26, 2009 NO REMARKS RESOLUTION #10 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM CASAR: Resolution #10 has been 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 26, 2009. 32. CTC OF STARK CNTY: HOPING THAT CHANNEL 15 ON TIME WARNER CABLE CAN REMAIN COMMUNITY ACCESS. - RECEIVED & FILED 33. CIRELLI, M, CNCL-AT-LG: REQ CDBG FUNDS BE USED TO MATCH FEDERAL FIRE PREVENTION GRANT REC’D FOR PURCHASE OF TAMPER PROOF SMOKE ALARMS W/TEN YEAR LIFE SPAN. - RECEIVED & FILED 34. CHIEF OF POLICE MCKIMM: 2008 RPT FOR LAW ENFORCEMENT TRUST FUND & EDUCATION FUND. - RECEIVED & FILED 35. CURTIS, S & T, APPLICANTS: REQ ZONE CHANGE @ 351 CORNELIA NE FR: R-1 (SINGLE FAMILY) TO: PR-4 (PLANNED RESIDENTIAL) TO PROVIDE TYPE A CHILDCARE CENTER. - PLANNING COMMISSION 36. DIRECTOR OF DEVELOPMENT TORRES: AMEND O#174/2008 REGARDING LEASE AGMT W/LOUIS SHAHEEN DBA MIDTOWN CAFÉ, CORRECTING THE PROPOSED RENT FR: $600.00/MONTH TO $800.00/MONTH. - COMMUNITY & ECONOMIC DEVELOPMENT & JUDICIARY COMMITTEES 37. DIRECTOR OF DEVELOPMENT TORRES: REQ PAYMENT OF MORAL OB IN AMT NOT TO EXCEED $85.00 TO CLEVELAND SECTION OPC FOR REGISTRATION FOR 20TH ANNUAL PLANNING & ZONING WORKSHOP. - FINANCE COMMITTEE 38. LAW DIRECTOR MARTUCCIO: AUTHORIZE THE RATIFICATION OF ENTIRE PROF SVCS CONTRACT W/ATTY ROSALIND K. ALLEN IN AMT NOT TO EXCEED $20,000.00 FOR CANADIAN MATTERS REGARDING ENHANCING RADIO COMMUNICATIONS INTER-CITY AND INTRA-CNTY & ANY AMT BILLED IN EXCESS OF $15,000.00 BE PAID AS MORAL OB. - FINANCE COMMITTEE 39. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D2 D2X D3 D3A LIQ PERMIT FR: ROBERT BURNETT DBA COTTON CLUB TO: BOSS LADY LLC DBA 2360 MAHONING RD NE. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -31- MINUTES OF THE MEETING OF JANUARY 26, 2009 40. MAYOR HEALY: REQ APPROVAL OF RE-APPT OF TERRY THOMAS TO ARCHITECTURAL REVIEW BD COMMENCING 1/1/09 - 12/31/12. - PERSONNEL COMMITTEE 41. PERSONNEL COMMITTEE: AMEND ORDINANCE RE: APPOINTMENTS TO FAIR HSNG BD. - PERSONNEL & JUDICIARY COMMITTEES 42. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED CANTON AUTO ANNEXATION; ASSIGNING TO WARD 6; CLASSIFYING AS B-4 (SPECIAL BUSINESS DISTRICT). - ANNEXATION COMMITTEE 43. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED VACATION OF ENGLE PL SW BETWEEN BEDFORD AVE SW & MOSLEY CT SW. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 44. SAFETY DIRECTOR NESBITT: RPT OF INMATES INCARCERATED FOR 2008. - RECEIVED & FILED 45. SERVICE DIRECTOR BERNABEI: AUTHORIZE MAYOR &/OR SERV DIR TO MAKE APPLICATION, EXECUTE GRANT AGMTS & ACCEPT FUNDS FOR GRANT PROGRAMS FR: THE OH DEPT OF NATURAL RESOURCES. - FINANCE COMMITTEE 46. SMUCKLER, W, ANNEXATION CHAIR: REQ LEGISLATION FOR JOINT ANNEXATION AGMT W/JACKSON TWP. - ANNEXATION COMMITTEE 47. SMUCKLER, W, ANNEXATION CHAIR: REQ LEGISLATION FOR DIANO ANNEXATION. - ANNEXATION COMMITTEE 48. WALKER, C, APPLICANT: REQ ZONE CHANGE @ 1460 SHRIVER AVE NE FR: R-1A (FAMILY RESIDENTIAL) TO: PR-4 (PLANNED RESIDENTIAL) TO PROVIDE LIVING QUARTERS FOR NEEDY AND DISPLACED COMMUNITY PEOPLE. - PLANNING COMMISSION 49. WALKER, C, APPLICANT: REQ ZONE CHANGE @ 1521 15TH ST NE FR: R-1A (FAMILY RESIDENTIAL) TO PR-4 (PLANNED RESIDENTIAL) TO PROVIDE LIVING QUARTERS FOR NEEDY & DISPLACED COMMUNITY PEOPLE. - PLANNING COMMISSION 50. WEST, T, WARD 2 CNCLMN: REQ TO REVISIT PARKING METER RATE INCREASES. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM CASAR: First Reading of Ordinances. 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, will you please read the first Ordinance by title. NOTE: PRESIDENT PRO TEM CASAR CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #6 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -32- MINUTES OF THE MEETING OF JANUARY 26, 2009 COMMITTEE REFERRAL, AS FOLLOWS. #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH TRINITY GOSPEL TEMPLE TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2 (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 164/2001, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR ALL MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary & Personnel Committees #3 (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH TAYLOR CHEVROLET FOR THE PURCHASE OF 12 IMPALA SEDANS FOR THE POLICE DEPARTMENT IN AN AMOUNT NOT TO EXCEED $292,692.00 AND TO PURCHASE ADDITIONAL SAFETY ACCESSORIES AND/OR EQUIPMENT FOR THESE VEHICLES IN AN AMOUNT NOT TO EXCEED $58,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4 (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LEASE AGREEMENT WITH THE GREATER CANTON AMATEUR SPORTS HALL OF FAME ASSOCIATION FOR THE LEASE OF PROPERTY LOCATED AT 1414 MARKET AVENUE NORTH; AND DECLARING THE SAME TO BE AN EMERGENCY MEASURE Referred to Finance Committee #5 (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE CANTON JOINT RECREATIONAL DISTRICT FOR FIELD MAINTENANCE AT THURMAN MUNSON MEMORIAL STADIUM; AND DECLARING THE SAME TO BE AND EMERGENCY Referred to Finance Committee #6 (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO MAKE APPLICATION FOR, EXECUTE THE GRANT AGREEMENT, AND ACCEPT AND DISTRIBUTE FUNDS FOR A GRANT FROM THE INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM CASAR: We’re now under Ordinances for their Second Reading. Madame Clerk will you please read Ordinances by title only. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -33- MINUTES OF THE MEETING OF JANUARY 26, 2009 NOTE: PRESIDENT PRO TEM CASAR CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #7 THROUGH #11 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH HYLANT ADMINISTRATIVE SERVICES, LLC IN AN AMOUNT NOT TO EXCEED $134,022.00 FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY AND EMPLOYEE BENEFITS LIABILITY INSURANCE; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO LEASE AGREEMENTS WITH VARIOUS ENTITIES FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTORS OF PUBLIC SERVICE AND SAFETY TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS AND PROFESSIONAL SERVICES FOR THE CITY OF CANTON’S OPERATIONS DURING THE 2009 CALENDAR YEAR; AUTHORIZING ALTERNATIVELY THE PURCHASE OF SAID ITEMS PURSUANT TO THE STATE COOPERATIVE PURCHASING AGREEMENT AND/OR ODOT PURCHASING AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AMENDING ORDINANCE NO. 193/2008 BY MAKING THE SUPPLEMENTAL APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY #11 (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH CT CONSULTANTS, INC. FOR A PLANNING STUDY FOR PHOSPHORUS REMOVAL AND MISCELLANEOUS IMPROVEMENTS AT THE WATER RECLAMATION FACILITY; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM CASAR: We’re now under Ordinances for their third and final reading. Madame Clerk will you please read the Ordinance by title. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 9/2009 AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE ESLICH ANNEXATION AREA CONTAINING APPROXIMATELY 7.590 ACRES; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS I-1 (LIGHT INDUSTRIAL); AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -34- MINUTES OF THE MEETING OF JANUARY 26, 2009 PRESIDENT PRO TEM CASAR: Member Carbenia. MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #12. MEMBER CIRELLI: Seconded. PRESIDENT PRO TEM CASAR: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 9/2009 PRESIDENT PRO TEM CASAR: Ordinance 12 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM CASAR: Announcement of Committee meetings. MEMBER HAWK: Mr. Majority Leader. Finance Committee will meet at 6:30 PM on February 2nd. MEMBER WEST: Mr. Majority Leader. Judiciary will meet at 6:30 PM on February 2nd. PRESIDENT PRO TEM CASAR: Anyone else? MEMBER PRATER: Mr. President. PRESIDENT PRO TEM CASAR: Terry, Member Prater. MEMBER PRATER: Personnel will meet February 2nd at 6:30. PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY) PRESIDENT PRO TEM CASAR: We’re under Public Speaks open forum. We have three speakers signed up to speak tonight. The first speaker is Dr. Deloris, Deborah A. Watkins. Would you please come forward and give your name and address? DR. DEBORAH A WATKINS: Dr. Deborah A. Watkins as he just mentioned is my name. My address is 920 4th St NE. I am in the 2nd Ward. I would like to address this information to the entire body, to the Mayor, to his cabinet members, to the acting President taking President Schulman’s place and to all the Council Members or Persons. As of April the 1st, the Post Office service will be re-routing Canton’s mail to Akron. I am sure that some of you might be aware of that. The Post Office that will be effected are several to my understanding and one is the New Market downtown on 4th Street, 220 SW. The second one is our main Post Office which is on Cleveland Avenue. That would be Cleveland Avenue NW, 26, in the 2600 block. The Post Office workers and the community, we’re again upset about this issue and this situation. And you see, I want to mention again and emphasize it and preface that statement with saying again we’re upset because, last year in 2008, the community, the Postal Workers, and some of you Council people were there at a meeting which we held. Our problem with COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -35- MINUTES OF THE MEETING OF JANUARY 26, 2009 the meetings that we held, we really didn’t get the full turn out of the entire Council and we should have. It was the concerns and problems that we had with, one the wanted to take especially Ward 2, take it and change it and put cluster mailboxes. Now along with the cluster mailboxes, they also had wanted to take and re-route or route the mailing at that point in 2008, they wanted to start it. But there such, let me say, strong support or opposition against it that we were able to and as I see it this time to only delay the situation. I have to say to the Council, to the President, to the Mayor, what are we doing about this problem or this situation? Now I have to say that Ralph Regula did intervene. I have a letter from him, in fact he nicely addressed many letters that was stated to him last year concerning cluster mailboxes, concerning our problems that we were having within, not only Ward 2 but within the other Wards about the problems they wanted to take and route the mailing. So he did respond, in fact he was able to intervene to stop the cluster mailboxes and I’ll show any of the Council if they want to see this letter from him. He was able to, excuse me, oh OK, he intervened as far as stopping or someway addressing the problem to the Post Masters about PRESIDENT PRO TEM CASAR: Dr. Watkins you have exceeded your three minutes, would you please bring your remarks to a close. DR. DEBORAH A WATKINS: OK, thank you. Again my only concern is what is the Council doing about the problems that we are having. I think that Canton was one time a very booming city. Unions, a lot of jobs. I can’t even begin to say how many jobs our industries have left Canton. Our population is decreasing, it is definitely declining. I think we may be either 76,000 or under. Now not only do we have job problems, population problems, now we are having postal service problems. I think that Council as a Whole, Mayor, I think we need someone to intervene, you know Ralph Regula is going, Boccieri is coming on board but he is going to need help and support. Thank you very much acting President for listening to my concerns. I really would like someone to answer some of these questions after the Council meeting. PRESIDENT PRO TEM CASAR: Thank you Dr. Watkins. The next speaker is Patricia Kirk. PATRICIA KIRK: I want to read a letter from the Reverend Timothy Muse of Martin Luther Lutheran Church which is in Ward 2 on Walnut Avenue and as many of you are aware through the Repository and Channel 8 that church is closing. My name is Patricia Kirk. I live at 131 5th St NE in Ward 2 and I’m President of Downtown Central, but this is what he said. He couldn’t make the meeting, he wrote a letter instead. “Dear Downtown Neighborhood Association, greeting neighbors. It is such a joy to know that a committed people are gathering for the good of the downtown area. As you may have read or heard, Martin Luther Lutheran Church is facing some transitions here in 2009. The community has come to a point where it can no longer handle the expenses of the building and property. We have been serving the downtown area for over a century and it is our hope that we can move through the transition in such a way that those who follow us will also be committed to serving the downtown area. It is so important that organizations and citizens take an active role in the betterment of the community. I applaud you for such an action. The need for green space and healthy vegetation is central to any community growth. Know that we stand with you in an effort to keep as many trees and green spaces available so that the community can continue to see growth and life.” And this was totally unsolicited by the way. “It is also important that citizens keep pressure on the leaders to insure the desires of the whole are heard and followed. Your investment of time and energy will have a positive impact on those elected to lead and the voice of the people will be heard.” It is signed Reverend Timothy Muse. I read this because I thought it was such a good letter but also because we have so many businesses that are closing down during bad times. We have vacant lots and vacant offices. But when a church closes, this is especially tragic because it is during the bad times that we need our churches, we need our houses of faith. I just wanted to make you aware of this. Thank you very much. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -36- MINUTES OF THE MEETING OF JANUARY 26, 2009 PRESIDENT PRO TEM CASAR: Thank you Mrs. Kirk. Our third and final speaker is Daniel Fonte. DANIEL FONTE: Good evening Mr. Chairman, thank you very much. Members of Council, I am here to speak on the camera issue that’s before Council. PRESIDENT PRO TEM CASAR: Please give your name and address. DANIEL FONTE: My name is Daniel Fonte and I reside at 4415 Dawnridge Circle NW. I am hear to speak against the camera issue that is going to eventually come before Council. I know there has been talk about it. I have been out of state for awhile and I don’t know where it’s at in the process but I want to voice my concern that I am against the City placing cameras in areas in the City. I believe it is absolutely a revenue issue and not a safety issue and I think that is the wrong course of action to take. I think it is a violation of my civil rights. If I happen to be going somewhere and that camera takes a picture of my vehicle, and I feel that I’m innocent, how am I going to be able to challenge the camera in court. If I hire Mr. Barton as my attorney, and I tell him to go in and defend me, he says how do I cross examine a camera, so I feel that this is another violation taken upon us of our civil rights. We don’t need cameras out watching us. If we need to hire more police, hire more police, and I know you are going to tell me you don’t have the money to do it, but we better find the money to do it. We are in a bad economic situation and I think fleecing our residents of more money to pay for cameras or violations that I think is absolutely wrong. Parking meter rates went up. I happen to, happen to go to bankruptcy court the other day and I forgot, or last month and I forgot the rates went up and luckily I had enough change to partly get me through. I think .75 an hour is actually wrong. I am going to get off the subject a little bit too. I think this angled parking you got here is, whoever come up with that oughta get the Fickle Finger of Fate because that’s a bad situation. All I want to say is before the egg timer goes off, Mr. Casar will get me, I would hope Council would vote against these cameras. I think we got to come up with a different situation. I just think it is wrong and it’s a wrong way to raise revenue. Thank you very much. (APPLAUSE) PRESIDENT PRO TEM CASAR: Thank you, Mr. Fonte. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM CASAR: We are now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER CIRELLI: Mr. President. PRESIDENT PRO TEM CASAR: Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Mr. President Ordinance, Communication 33 tonight, was presented by myself and I was requesting CDBG funds of Community Development Block Grant funds to be used to match our Federal Fire Prevention Grant received for purchase of tamper proof smoke alarms with 10 year life spans. On today, oh I’m sorry. Today, I would like to publicly thank Captain Steve Rich our Fire Chief because he called me at home and he saw the communication and he assured me that when he applies for that grant he’s going to ask for monies to do exactly that to use the monies towards the 10 year and hopefully we will get more money than we did being in the past. So it’s a safety issue, I think very much that needs to be addressed so I really wanted to say thank you to him and I also want to thank Mr. Martuccio our Law Director because he had been COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -37- MINUTES OF THE MEETING OF JANUARY 26, 2009 working on trying to implement that, but I think it is going to be taken care of. So thank you very much and thank you Mr. President. PRESIDENT PRO TEM CASAR: Is there any other Miscellaneous Business? MEMBER CARBENIA: Mr. President. PRESIDENT PRO TEM CASAR: Member Carbenia. MEMBER CARBENIA: I would just like to touch lightly on the Post Office. I think we passed legislation here before asking him not to move that Post Office. We personally, some of us here, have contacted the last Senator or Congressman and I think we are going to, I would hope that we would contact Mr. Boccieri but as I said there when I was there and testified that those people that were there aren’t from Canton, they don’t care about Canton, and all there care about is trimming the dollar off, and that’s what’s going on. We are losing our postmark, it’s a shame for a City our size, we might be under 80,000, I’m not sure but we still deserve to be treated like a City in the United States that contributes to the welfare of the people and at that, thank you. MEMBER WEST: Mr. President. Mr. Majority Leader. PRESIDENT PRO TEM CASAR: Member West. MEMBER WEST: Yes, you know I looked out at the crowd today and I am really extremely proud because I remember my first year here. When we finished up that December, I noticed we had one person from Council that came here faithfully and that was Kenny Ash and he was here religiously. But every week, I mean over the last few weeks, we Ward 2 has had some, many, several, several, neighborhood association groups here standing up, speaking out and advocating for the Ward and I appreciate that and I just want this, this community to know that Ward 2 does care and they have shown it each and every week by coming here so I thank them for that. PRESIDENT PRO TEM CASAR: Mayor Healy. MAYOR HEALY: Thank you Mr. President. I just wanted to respond to, to Dr. Deborah Watkins in reference to the Post Office. I have been in direct contact with Congressman Boccieri and his staff and they are working very hard to try to preserve Canton’s Post Office as is. They know that it is an uphill battle because they’re fighting the same economic restraints that the City’s and the State’s and the Federal government are facing and are trying to make do. But I can assure you that our communications and our request have been heard loud and clear by the Congressman and there doing everything they can possibly do, from his level to continue to make that happen. And also I will say that I have not heard anything about the cluster boxes. I think that issue was one that we did squash at those last hearings. This is in reference to where they postmark the mail. So we’re on it and I am going to continue to do what I can from my position, to make sure that we can reserve that as long as possible. And also to Mr. Dan Fonte, we have scheduled for next week and for everybody out there, we have public meetings scheduled, four of them, next week, two on Wednesday and two on Thursday, in the evenings to explain in detail how the cameras, the street cameras that we’re talking about, how they will work, to answer any questions, to answer any concerns, and to make sure that when you do make a decision from your opinion that you have all the information available to you, and that’s what we’re trying to do is make sure that all the information is out there before Council moves forward as well. So just wanted to share that with everybody if you have questions or concerns, please come to one of those four meetings. They are available on our website and you can call the office COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -38- MINUTES OF THE MEETING OF JANUARY 26, 2009 to get other details. Thank you. PRESIDENT PRO TEM CASAR: Is there any other Miscellaneous Business? MEMBER CARBENIA: Mr. President. PRESIDENT PRO TEM CASAR: Member Carbenia. MEMBER CARBENIA: I move that we adjourn. MEMBER CIRELLI: Seconded. PRESIDENT PRO TEM CASAR: Motion to adjourn. Roll call please. CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT PRO TEM CASAR: This meeting of Canton City Council is adjourned. ADJOURNMENT TIME: 8:11 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE DONALD E. CASAR CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JANUARY 26, 2009 ROLL CALL: Eleven Council Mem bers Present, One Absent (Mem ber Kraus & President Schulm an Absent) INVOCATION: Chris Sm ith, W ard 4 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Pro Tem Don Casar AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add RE#10 and 2 nd Rdg O#7, O#8, O#9 & O#11; O#10 Retained in Com m ittee; RE#9 Postponed until 2/9/09) PUBLIC HEARINGS: 7:30 P.M. AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW N AS THE ESLICH ANNEXATION AREA CONTAINING APPROXIMATELY 7.590 ACRES; ASSIGNING SAID TERRITORY TO W ARD 6 OF THE CITY; ZONING SAID TERRITORY AS I-1 (LIGHT INDUSTRIAL); AND DECLARING THE SAME TO BE AN EMERGENCY (PLANNING COMMISSION RECOMMENDED APPROVAL) O#9/2009 PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): (None) INFORM AL RESOLUTIONS: ASSISTANT MAJORITY LEADER JOE CARBENIA: EXCUSING MEMBERS. (MEMBER KRAUS & PRESIDENT SCHULMAN ABSENT) 9. COUNCIL OF THE W HOLE: OPPOSING ANY CHANGE TO RULE IV EXAMINATIONS, SECTION 13,D,3 REGARDING OFFERING ADDT’L TESTING POINTS FOR A COLLEGE DEGREE. - POSTPONED UNTIL 2/9/09 10. COUNCIL OF THE W HOLE: SUPPORTING JOINT EFFORT W /STARK COUNTY COMMISSIONERS’ IN THE EXTENSION OF ROUTE 30. - ADOPTED COM M UNICATIONS: 32. CTC OF STARK CNTY: HOPING THAT CHANNEL 15 ON TIME W ARNER CABLE CAN REMAIN COMMUNITY ACCESS. - RECEIVED & FILED 33. CIRELLI, M, CNCL-AT-LG: REQ CDBG FUNDS BE USED TO MATCH FEDERAL FIRE PREVENTION GRANT REC’D FOR PURCHASE OF TAMPER PROOF SMOKE ALARMS W /TEN YEAR LIFE SPAN. - RECEIVED & FILED 34. CHIEF OF POLICE MCKIMM: 2008 RPT FOR LAW ENFORCEMENT TRUST FUND & EDUCATION FUND. - RECEIVED & FILED 35. CURTIS, S & T, APPLICANTS: REQ ZONE CHANGE @ 351 CORNELIA NE FR: R-1 (SINGLE FAMILY) TO: PR-4 (PLANNED RESIDENTIAL) TO PROVIDE TYPE A CHILDCARE CENTER. - PLANNING COMMISSION 36. DIRECTOR OF DEVELOPMENT TORRES: AMEND O#174/2008 REGARDING LEASE AGMT W /LOUIS SHAHEEN DBA MIDTOW N CAFÉ, CORRECTING THE PROPOSED RENT FR: $600.00/MONTH TO $800.00/MONTH. - COMMUNITY & ECONOMIC DEVELOPMENT & JUDICIARY COMMITTEES 37. DIRECTOR OF DEVELOPMENT TORRES: REQ PAYMENT OF MORAL OB IN AMT NOT TO EXCEED $85.00 TO CLEVELAND SECTION OPC FOR REGISTRATION FOR 20 TH ANNUAL PLANNING & ZONING W ORKSHOP. - FINANCE COMMITTEE 38. LAW DIRECTOR MARTUCCIO: AUTHORIZE THE RATIFICATION OF ENTIRE PROF SVCS CONTRACT W /ATTY ROSALIND K. ALLEN IN AMT NOT TO EXCEED $20,000.00 FOR CANADIAN MATTERS REGARDING ENHANCING RADIO COMMUNICATIONS INTER-CITY AND INTRA- CNTY & ANY AMT BILLED IN EXCESS OF $15,000.00 BE PAID AS MORAL OB. - FINANCE COMMITTEE 39. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D2 D2X D3 D3A LIQ PERMIT FR: ROBERT BURNETT DBA COTTON CLUB TO: BOSS LADY LLC DBA 2360 MAHONING RD NE. - RECEIVED & FILED 40. MAYOR HEALY: REQ APPROVAL OF RE-APPT OF TERRY THOMAS TO ARCHITECTURAL REVIEW BD COMMENCING 1/1/09 - 12/31/12. - PERSONNEL COMMITTEE 41. PERSONNEL COMMITTEE: AMEND ORDINANCE RE: APPOINTMENTS TO FAIR HSNG BD. - PERSONNEL & JUDICIARY COMMITTEES 42. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED CANTON AUTO ANNEXATION; ASSIGNING TO W ARD 6; CLASSIFYING AS B-4 (SPECIAL BUSINESS DISTRICT). - ANNEXATION COMMITTEE 43. PLANNING COMMISSION: RECOMMENDING APPROVAL OF PROPOSED VACATION OF ENGLE PL SW BETW EEN BEDFORD AVE SW & MOSLEY CT SW . - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 44. SAFETY DIRECTOR NESBITT: RPT OF INMATES INCARCERATED FOR 2008. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JANUARY 26, 2009 COM M UNICATIONS CONTINUED: 45. SERVICE DIRECTOR BERNABEI: AUTHORIZE MAYOR &/OR SERV DIR TO MAKE APPLICATION, EXECUTE GRANT AGMTS & ACCEPT FUNDS FOR GRANT PROGRAMS FR: THE OH DEPT OF NATURAL RESOURCES. - FINANCE COMMITTEE 46. SMUCKLER, W , ANNEXATION CHAIR: REQ LEGISLATION FOR JOINT ANNEXATION AGMT W /JACKSON TW P. - ANNEXATION COMMITTEE 47. SMUCKLER, W , ANNEXATION CHAIR: REQ LEGISLATION FOR DIANO ANNEXATION. - ANNEXATION COMMITTEE 48. W ALKER, C, APPLICANT: REQ ZONE CHANGE @ 1460 SHRIVER AVE NE FR: R-1A (FAMILY RESIDENTIAL) TO: PR-4 (PLANNED RESIDENTIAL) TO PROVIDE LIVING QUARTERS FOR NEEDY AND DISPLACED COMMUNITY PEOPLE. - PLANNING COMMISSION 49. W ALKER, C, APPLICANT: REQ ZONE CHANGE @ 1521 15 TH ST NE FR: R-1A (FAMILY RESIDENTIAL) TO PR-4 (PLANNED RESIDENTIAL) TO PROVIDE LIVING QUARTERS FOR NEEDY & DISPLACED COMMUNITY PEOPLE. - PLANNING COMMISSION 50. W EST, T, W ARD 2 CNCLMN: REQ TO REVISIT PARKING METER RATE INCREASES. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /TRINITY GOSPEL TEMPLE TO PROVIDE GRANT IN AMT NOT TO EXCEED $50,000.00; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 2. AMEND EXHIBIT A TO O#164/2001, AS AMENDED, CLASSIFICATION PLAN & SALARIES FOR ALL MNGMT & NON-BARG UNIT EMP; EMERGENCY (LAW DEPT) Referred to Judiciary & Personnel Com m ittees 1 ST RDG 3. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W /TAYLOR CHEVROLET FOR PURCHASE OF 12 IMPALA SEDANS FOR POLICE DEPT IN AMT NOT TO EXCEED $292,692.00 & TO PURCHASE ADDT’L SAF ACCESSORIES &/OR EQUIPMENT FOR THESE VEHICLES IN AMT NOT TO EXCEED $58,000.00; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AUTHORIZE SERV DIR TO ENTER INTO LEASE AGMT W /GREATER CANTON AMATEUR SPORTS HALL OF FAME ASSOC FOR LEASE OF PROP @ 1414 MARKET AVE N; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /CANTON JOINT RECREATIONAL DIST FOR FIELD MAINTENANCE @ THURMAN MUNSON MEMORIAL STADIUM; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR &/OR SERV DIR TO MAKE APPLICATION FOR, EXECUTE GRANT AGMT & ACCEPT & DISTRIBUTE FUNDS FOR A GRANT FROM INTERNATIONAL CITY/CNTY MANAGEMENT ASSOC; EMERGENCY Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#7, O#8, O#9, & O#11; O#10 RETAINED IN COMMITTEE) 2 ND RDG 7. AUTHORIZE SERV DIR TO ENTER INTO CONTRACT W /HYLANT ADMINISTRATIVE SVCS, LLC IN AMT NOT TO EXCEED $134,022.00 FOR GEN LIABILITY, AUTO LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY, & EMPLOYEE BENEFITS LIABILITY INSUR; EMERGENCY (FIN) 2 ND RDG 8. AUTHORIZE SAF DIR TO ENTER INTO LEASE AGMT W /VARIOUS ENTITIES FOR UTILIZING CITY OW NED PARKING SPACES; EMERGENCY (FIN) 2 ND RDG 9. AUTHORIZE SERV & SAF DIRS TO ADVERTISE, REC BIDS, & ENTER INTO CONTRACT FOR SUPPLY ITEMS, MATERIALS, & PROF SVCS FOR 2009; AUTHORIZE ALTERNATIVELY PURCHASE OF SAID ITEMS PURSUANT TO STATE COOP PURCHASING AGMT &/OR ODOT PURCHASING AGMT; EMERGENCY (FIN) RETAINED IN CM TE10. AMEND O#193/2008 BY MAKING $7,200,000.00 SUPP APPROP; EMERGENCY (FIN) 2 ND RDG 11. AUTHORIZE PUB SERV DIR TO ENTER PROF SERV CONTRACT W /CT CONSULTANTS, INC. FOR PLANNING STUDY FOR PHOSPHORUS REMOVAL & MISC IMPRV AT W ATER RECLAMATION FAC; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTION FOR THIRD/FINAL READING & VOTE: 9/2009 12. 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 . CANTON CITY COUNCIL AGENDA - PAGE 3 - JANUARY 26, 2009 ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, FEBRUARY 2, 2009 in Council Caucus @ 6:30 P.M . 1) Finance Com m ittee 2) Judiciary Com m ittee 3) Personnel Com m ittee PUBLIC SPEAKS: Deborah W atkins re: Asking what the City plans to do about the Postal Service m oving branches to Akron; Patricia Kirk re: Read letter from Rev. Tim othy Hughes regarding closing Martin Luther Lutheran Church; Daniel Fonte re: Opposed to City using cam eras because he believes that they are a violation of Civil Rights. Also feels that the parking m eter increase is wrong and thinks that the angle parking is a terrible idea. M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Thanking Chief Steve Rich for advising her that he will be applying for a grant for the sm oke detectors that relate to Com m unication 33; Mem ber Carbenia re: Stating that Council passed a Resolution asking not to m ove post office; Mem ber W est re: Thanking people from W ard 2 Neighborhood Associations for com ing to Council; Mayor Healy re: Advising that he has been in direct contact with Congressm an Boccieri and his staff regarding the postal service. Also advising Mr. Fonte of the four upcom ing inform ational public m eetings regarding the cam eras and inviting him to com e with any questions or concerns. ADJOURNM ENT: 8:11 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 2, 2009 @ 7:30 PM

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