City Council
Regular MeetingCanton, OH · February 23, 2009
Minutes
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. We
appreciate your presence tonight on this very cold evening. 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:
11 COUNCILMEMBERS PRESENT: (JOE CARBENIA, MARY CIRELLI, BILL SMUCKLER, GREG
HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, TERRY PRATER, DAVID
DOUGHERTY, PATRICK BARTON, & KARL “BUTCH” KRAUS)
ELEVEN MEMBERS PRESENT, ONE ABSENT (DON CASAR)
CLERK TIMBERLAKE: Eleven present, one absent, Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk. We’ll have our invocation given tonight by Council
Member, Ward 8 Council Member Karl “Butch” Kraus. Will you all please remain standing for the pledge of
allegiance.
The regular meeting of Canton City Council was held on Monday, February 23, 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 Karl “Butch” Kraus, the Pledge of Allegiance led by President
Schulman.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Thank you Member Kraus for that inspirational prayer. And congratulations on
your granddaughter...wow you don’t look old enough to really have a granddaughter. We’re now under agenda
corrections and changes and Members of Council, you’re going to be asked to suspend Rule 22A to add the
second reading of Ordinances 8 and 9, Member Carbenia, the Chair will recognize that motion.
MEMBER CARBENIA: Mr. President, I move we.... Rule 22A be suspended to add second readings Ordinances
#8 and 9 to this evening’s agenda.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add second reading
Ordinances 8 and 9 to this evening’s agenda. Are there any remarks, if not, Madame Clerk roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President
PRESIDENT SCHULMAN: Thank you Madame Clerk the motion carries Rule 22A is suspended and
Ordinances 8 and 9 are a legal part of your agenda.
PUBLIC HEARINGS
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
PRESIDENT SCHULMAN: We’re now under Public Hearings. There is one public hearing this evening and it
is scheduled for 7:30 pm. It’s AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY
KNOWN AS THE DIANO ANNEXATION AREA CONTAINING APPROXIMATELY 51.228 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. Is there anyone in the audience
wishing to speak for or against this annexation, would you please step forward. I have to repeat this and I
apologize but, is there anyone in the audience wishing to speak for or against this annexation, would you please
step forward now. Having seen no one step forward, the Chair declares the public hearing over in regard to this
matter. The matter now rests in the hands of Council. And the Ordinance will follow later this evening.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We are now under Informal Resolutions. Member Carbenia, I will recognize a
motion to excuse Majority Leader Casar from this evening’s meeting.
MEMBER CARBENIA: Mr. President, I move that we excuse Majority Leader Casar from this evening’s
meeting.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Majority Leader Casar who I think
most of you know is recovering from a very significant surgery, he had a knee replacement, I know he would
like to be here this evening, but are there any remarks? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
PRESIDENT SCHULMAN: Motion carries and Majority Leader Casar is excused from this evening’s
meeting.
PUBLIC SPEAKS
PRESIDENT SCHULMAN: We’re now under...we’re going to go back because I missed Public Speaks on
Ordinances and Resolutions for adoption, thank you Madame Clerk. We have no speakers signed up this
evening.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: Now we’re back on Informal Resolutions, Madame Clerk will please read
Resolution 15 by title.
#15. BARTON, P. WARD 7 CNCL MEMBER: REQ PLACEMENT OF STREET LIGHT ON POLE
#771D03-129 ON 22ND ST NW BTWN CLEVELAND AVE NW & MARKET AVE NW. -
ADOPTED
MEMBER CARBENIA: Mr. President.
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: I move we adopt Resolution 15.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It has been moved and seconded to adopt Resolution 15. Are there any remarks
under this Resolution?
MEMBER BARTON: Mr. President.
PRESIDENT SCHULMAN: Member Barton.
MEMBER BARTON: I just ask all Council Members approve this Informal Resolution. I talked to the
business owners there and they had some incidents they’re basically looking for some more lighting and
anything they can do to deter any kind of crime there. So I’m just asking for you support on this at this time.
Thank you.
PRESIDENT SCHULMAN: Thank you and thank you for bringing it forward. Are there any other remarks?
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: I’d like to compliment Council Member Barton. This would not only help the one
business that complained, it will help the business of Canton Friendship Center also. So I want to
compliment you on moving forward with this Resolution sir. Thank you. Thank you Mr. President.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Are there any other remarks? If not, by voice vote,
all those in favor, signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #15 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The Resolution and motion carries.
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
FEBRUARY 23, 2009.
78. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES. - RECEIVED &
FILED
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
79. DEPUTY DIRECTOR WEST: REQ MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT
W/THE GROUP WORKCAMPS FOUNDATION TO PROVIDE GRANT NOT TO EXCEED
$50,000.00 UTILIZING CDBG FUNDS FOR “CALL CANTON HOME” PROG FOR PARTIAL YR
2009 & 2010. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
80. DIRECTOR TORRES: REQ MAYOR &/OR SERV DIR TO ENTER INTO AGMT W/CITY
CENTER FITNESS GRANT IN THE AMT OF $75,000.00 TO BE FORGIVEN AT RATE OF 20%
PER YR FOR 5 YRS, LOCATED @ 121 CLEVELAND AVE SW & CREATING 10 - 14 NEW
JOBS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
81. DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT
W/CCIC TO PROVIDE GRANT UTILIZING CDBG FUNDS NOT TO EXCEED $500,000.00 FOR
GRANTS, LOANS, & ADMIN COSTS. - COMMUNITY & ECONOMIC DEVELOPMENT
COMMITTEE
82. HEALTH BENEFITS ADMIN., MCBRIDE: JANUARY 2009, MO COMPARATIVE RPT OF
INSUR CLAIMS & JAN 2009 PAID CLAIMS & COMPARATIVE RPT. - RECEIVED & FILED
83. MAYOR WILLIAM J HEALY: ADVISE RE-APPT OF ANDREW BLACK TO CANTON PARK
COMM FOR 3 YR TERM COMMENCING 1/1/09 - 12/31/2011. - RECEIVED & FILED
84. MAYOR WILLIAM J HEALY: ADVISE APPT OF DONALD R. SINGER TO AREA AGENCY ON
AGING AREAWIDE ADVISORY COUNCIL FOR 3 YR TERM COMMENCING 1/1/09 - 12/31/11.
- RECEIVED & FILED
85. MAYOR WILLIAM J HEALY: ADVISE RE-APPT OF DR. MERLE GRIFF & QUINZELLA
HOBBS TO AREA AGENCY ON AGING AREAWIDE ADVISORY COUNCIL 3 YR TERM
COMMENCING 1/1/09 - 12/31/11. - RECEIVED & FILED
86. MAYOR WILLIAM J HEALY: REQ AUTHORIZE RE-APPT OF VIRGINIA JEFFRIES & LOVIE
HAILEY TO FAIR EMPLOYMENT PRACTICES BD FOR 3 YR TERM COMMENCING 3/1/09 -
2/1/11. - PERSONNEL COMMITTEE
87. MAYOR WILLIAM J HEALY: REQ PAYMT OF MORAL OB FOR $7350.30 FOR 2008 INV
RCVD LATE FOR BLACK, MCCUSKEY, SOUERS & ARBAUGH LPA. - FINANCE
COMMITTEE
88. PLANNING COMMISSION: RECOMMENDING RAILROAD ANNEXATION BE ASSIGNED TO
WARD 8 OF APPROX 22 ACRES & LAND CONSTITUTING THE RAILROAD LINE BE ZONED
OS (OPEN SPACE) & APPROX 1 ACRE OF LAND KNOWN AS THE R M PROPERTY BE
ZONED B-4 (SPECIAL BUSINESS) (JACKSON TOWNSHIP). - RECEIVED & FILED
89. PLANNING COMMISSION: RECOMMEND DENIAL OF ZONE CHG @ 351 CORNELIA AVE
NE FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI-FAMILY)
(TRENA & SOLADENE CURTIS). - JUDICIARY COMMITTEE
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90. PLANNING COMMISSION: RECOMMEND APPROV OF TWO ALLEY VACATIONS ONE
RUNNING SOUTH FR 31ST ST NW TO LOT # 39355 & ONE RUNNING WEST FR FRAZER NW
TO LOT # 39355 & REPLAT LOTS 36949 - 36953, PART OF 36957 & LOTS 36958 - 36962
(DUMONT’S SEED CO). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE
91. PLANNING COMMISSION: RECOMMEND APPROV OF ZONE CHG @ 1460 SHRIVER AVE
NE FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI-FAMILY)
W/ADDED STIPULATIONS OF LICENSING REQUIREMENTS (CYNTHIA WALKER). -
JUDICIARY COMMITTEE
92. PLANNING COMMISSION: RECOMMEND APPROV OF ZONE CHG @ 1521 15TH ST NE FROM
R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI-FAMILY) W/ADDED
STIPULATIONS OF LICENSING REQUIREMENTS (CYNTHIA WALKER). - JUDICIARY
COMMITTEE
93. SAFETY DIRECTOR NESBITT: AUTHORIZE SAF DIR TO APPLY FOR & ACCEPT GRANT
FROM DEPT OF JUSTICE FOR “GANG PREVENTION COORDINATION & ASSISTANCE
PROGRAM” NOT TO EXCEED $200,000.00. - FINANCE COMMITTEE
94. SAFETY DIRECTOR NESBITT: RPT OF INMATES INCARCERATED FOR JAN 2009. -
RECEIVED & FILED
95. SERVICE DIRECTOR PRICE: ADVISING COUNCIL THAT STREET DEPT WILL HAVE
COMPLETED SALT CONTRACT BY END OF FEBRUARY & IF CONDITIONS OCCUR ADDTL
PURCHASING WILL BE NECESSARY. - RECEIVED & FILED
96. SERVICE DIRECTOR PRICE: 2008 ANNUAL RPT FOR WATER RECLAMATION FACILITY
(WRF). - RECEIVED & FILED
97. SERVICE DIRECTOR PRICE: REQ CONSIDERATION OF SEWER RATE INCREASES. -
RECEIVED & FILED
98. SLIMAN, S., AGENT FOR PETITIONER: ANNEXATION PETITION DOCUMENTS FOR 22.377
ACRES, EXPEDITED TYPE 2 ANNEXATION FOR AREA TO BE KNOWN AS “THE R M
INVESTMENTS/METRO RTA ANNEXATION” (JACKSON TOWNSHIP). - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: We are now under 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’ll please read the first reading Ordinances by title.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES
#1 THROUGH #7 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE
REFERRAL, AS FOLLOWS.
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
#1. (1ST RDG) AN ORDINANCE CREATING TITLE ELEVEN, AUTOMATED TRAFFIC
ENFORCEMENT, UNDER PART THREE - TRAFFIC CODE OF THE CODIFIED
ORDINANCES; AND CREATING CHAPTER 391, AUTOMATED TRAFFIC
ENFORCEMENT SYSTEM, UNDER TITLE ELEVEN OF PART THREE -
TRAFFIC CODE OF THE CODIFIED ORDINANCES, TO PROVIDE FOR THE
IMPLEMENTATION OF A CIVIL AUTOMATED TRAFFIC ENFORCEMENT
SYSTEM FOR THE ADMINISTRATIVE ENFORCEMENT OF TRAFFIC
CONTROL SIGNALS AND SPEED LIMITS
Referred to Finance & Public Safety and Thoroughfares Committees
#2. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY
KNOWN AS THE CANTON AUTO ANNEXATION AREA CONTAINING
APPROXIMATELY 0.696 ACRES; ASSIGNING SAID TERRITORY TO WARD 6
OF THE CITY; ZONING SAID TERRITORY AS B-4 (SPECIAL BUSINESS); AND
DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 3/9/09 @ 7:30 PM
Referred to Annexation Committee
#3. (1ST RDG) AN ORDINANCE VACATING A PORTION OF ENGLE PLACE SW; AND
DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 3/9/09 @ 7:31 PM
Referred to Public Safety and Thoroughfares Committee
#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR
THE CANTON RAIL STATION PROJECT; AMENDING APPROPRIATION
ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL
APPROPRIATION HEREIN DESCRIBED; AND DECLARING THE SAME TO BE
AN EMERGENCY
Referred to Community & Economic Development & Finance Committees
#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO A LEASE AGREEMENT WITH STARK COUNTY
EDUCATIONAL SERVICE CENTER; AND DECLARING THE SAME TO BE AN
EMERGENCY
Referred to Public Property Capital Improvement & Finance Committees
#6. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ACCEPT GRANTS FROM THE OHIO PUBLIC WORKS COMMISSION FOR THE
WATER TREATMENT PLANT UPGRADES; AMENDING APPROPRIATION
ORDINANCE NO. 193/2008, AS AMENDED, BY MAKING THE SUPPLEMENTAL
APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE
AN EMERGENCY
Referred to Public Property Capital Improvement & Finance Committees
#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR WATER
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TREATMENT PLANT UPGRADES AND TO ENTER INTO CONTRACT WITH
BURGESS & NIPLE FOR ENGINEERING SERVICES; AUTHORIZING THE
MAYOR AND OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR AND
ENTER INTO CONTRACTS WITH THE OHIO WATER DEVELOPMENT
AUTHORITY FOR LOANS FOR THE PROJECT; AND DECLARING THE SAME
TO BE AN EMERGENCY
Referred to Public Property Capital Improvement & Finance Committees
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for the second reading.
Would you please read Resolution...I’m sorry, Ordinance 8 by title.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES
#8 AND #9 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS.
#8. (2ND RDG) AN ORDINANCE AMENDING SECTION 515.05, FAIR HOUSING COMMISSION,
OF CODIFIED ORDINANCES OF THE CITY OF CANTON
#9. (2ND RDG) ADOPTED AS ORDINANCE NO. 23/2009 AN ORDINANCE ESTABLISHING
THE FAIR MARKET VALUE OF EASEMENTS IN REAL PROPERTY;
AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND
ACQUIRE EASEMENTS; AND DECLARING THE SAME TO BE AN
EMERGENCY (4020 FAIRCREST ST SW)
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: Mr. President, I move we suspend the statutory rules on Ordinance #9.
MEMBER SMUCKLER: Seconded
PRESIDENT SCHULMAN: It has been moved and seconded to suspend the statutory rule for Ordinance #9.
Are there any remarks? If not Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 10 YEAS, 1 ABSTAIN, 0 NAYS
(MEMBER CIRELLI ABSTAINED)
CLERK TIMBERLAKE: Ten yeas, one abstain Mr. President.
PRESIDENT SCHULMAN: Thank you Madame Clerk, the motion carries and the statutory rule for
Ordinance #9 is suspended, Member Carbenia you’ve heard the three readings.
MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #9.
MEMBER SMUCKLER: Seconded.
PRESIDENT SCHULMAN: It has been moved and seconded to adopt Ordinance #9. Are there any remarks
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under this Ordinance? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 10 YEAS, 1 ABSTAIN, 0 NAYS
(MEMBER CIRELLI ABSTAINED)
CLERK TIMBERLAKE: Ten yeas, one abstain Mr. President.
#9 ADOPTED AS ORDINANCE NO. 23/2009
PRESIDENT SCHULMAN: The Ordinance is adopted.
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: We’re now under Ordinances for their third and final reading. Madame Clerk if
you’ll read Ordinance #10 by title.
#10. (3RD RDG) ADOPTED AS ORDINANCE NO. 24/2009 AN ORDINANCE AMENDING
ORDINANCE NO. 174/2008; AND DECLARING THE SAME TO BE AN
EMERGENCY (MIDTOWN CAFÉ)
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: I move we adopt Ordinance #10.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #10. Are there any remarks
under this Ordinance? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 10 YEAS, 1 ABSTAIN, 0 NAYS
(MEMBER HAWK ABSTAINED)
CLERK TIMBERLAKE: Ten yeas, one abstain Mr. President.
#10 ADOPTED AS ORDINANCE NO. 24/2009
PRESIDENT SCHULMAN: The motion carries, Ordinance #10 is adopted. Ordinance #11 please.
#11. (3RD RDG) ADOPTED AS ORDINANCE NO. 25/2009 AN ORDINANCE AUTHORIZING
THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO
EXCEED $85.00 TO CLEVELAND SECTION OPC; AND DECLARING THE
SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #11.
MEMBER CIRELLI: Seconded.
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PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #11. Are there any remarks
under this Ordinance? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
#11 ADOPTED AS ORDINANCE NO. 25/2009
PRESIDENT SCHULMAN: Ordinance #11 is adopted. Ordinance #12 please.
#12. (3RD RDG) ADOPTED AS ORDINANCE NO. 26/2009 AN ORDINANCE RATIFYING A
PROFESSIONAL SERVICES CONTRACT WITH HOLLAND & KNIGHT;
AUTHORIZING ANY AMOUNT BILLED IN EXCESS OF $15,000.00 BE PAID AS
A MORAL OBLIGATION; AND DECLARING THE SAME TO BE AN
EMERGENCY
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #12.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks
under that Ordinance? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
#12 ADOPTED AS ORDINANCE NO. 26/2009
PRESIDENT SCHULMAN: Ordinance #12 is adopted. Ordinance #13 please.
#13. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 27/2009 AN ORDINANCE
AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO
MAKE APPLICATION, EXECUTE GRANT AGREEMENTS AND ACCEPT
FUNDS FOR VARIOUS GRANT PROGRAMS FROM THE OHIO DEPARTMENT
OF NATURAL RESOURCES AND TO ENTER INTO AN INTER-AGENCY
AGREEMENT WITH THE STARK COUNTY PARK DISTRICT COMMISSIONERS
AND/OR THE STARK COUNTY COMMISSIONERS FOR THE MAINTENANCE
AND SECURITY, AND PAYMENT FOR EXPENSES INCURRED IN THE
CONSTRUCTION OF TRAILS RESULTING FROM SUBSEQUENT GRANT
PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Member Carbenia.
MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #13.
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MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It has been moved and seconded to adopt Ordinance #13. Are there any
remarks? Member Carbenia.
MEMBER CARBENIA: I move that we amend Ordinance #13 per the copy that everyone has in front of
them I hope.
MEMBER CIRELLI: Seconded.
AMENDMENT:
Pursuant to Rule 36, I move to amend Agenda Item No. 13 by the substitution of the attached, revised
ordinance for the pending version.
PRESIDENT SCHULMAN: It has been moved and seconded to amend Ordinance #13, in accordance with
the copy before each of you. Are there any remarks under that motion? If not, by voice vote all those in
favor on the motion to amend, say aye, those opposed no.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The motion carries, Member Carbenia.
MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #13 as amended.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It has been moved and seconded to adopt Ordinance #13 as amended. Are there
any remarks under this Ordinance? And you are now voting on Ordinance #13 as amended. Roll call vote
please Madame Clerk.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
#13 ADOPTED AS AMENDED AS ORDINANCE NO. 27/2009
PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance #13 as amended is adopted. Ordinance
#14 please.
#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 28/2009 AN ORDINANCE AUTHORIZING
CANTON TO ANNEX THE TERRITORY KNOWN AS THE DIANO
ANNEXATION AREA CONTAINING APPROXIMATELY 51.228 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 PUB HRG: 2/23/09 @ 7:30 P.M.
PRESIDENT SCHULMAN: Member Carbenia.
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MEMBER CARBENIA: Mr. President, I move we adopt Ordinance 14.
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #14. Are there any remarks
under this Ordinance? If not, Madame Clerk, roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
#14 ADOPTED AS ORDINANCE NO. 28/2009
PRESIDENT SCHULMAN: Ordinance #14 is adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: We are now under Announcement of Committee meetings.
MEMBER KRAUS: Mr. Chairman.
PRESIDENT SCHULMAN: Member Kraus.
MEMBER KRAUS: Public Safety & Thoroughfare will meet March 2, 2009 at 6:15.
PRESIDENT SCHULMAN: Thank you.
MEMBER DOUGHERTY: Mr. President.
PRESIDENT SCHULMAN: Member Dougherty.
MEMBER DOUGHERTY: Public Property Capital Improvement will also meet on the 2nd at 6:15.
PRESIDENT SCHULMAN: Thank you.
MEMBER HAWK: Mr. President.
PRESIDENT SCHULMAN: Member Hawk.
MEMBER HAWK: Finance Committee will meet 6:15 on March 2nd.
PRESIDENT SCHULMAN: Thank you.
MEMBER PRATER: Mr. President.
PRESIDENT SCHULMAN: Member Prater.
MEMBER PRATER: Personnel Committee will meet March 2nd at 6:15.
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PRESIDENT SCHULMAN: Thank you. Member Smuckler.
MEMBER SMUCKLER: Mr. President.
MEMBER SMUCKLER: Annexation will meet same place, same time.
PRESIDENT SCHULMAN: Thank you.
PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY)
PRESIDENT SCHULMAN: We’re under Public Speaks and we have it looks like nine....nine speakers this
evening and obviously we welcome you. I do know that there is...there are a number of residents from our
Community here to speak on the zone change. You can all speak, I don’t have a problem with that obviously
we welcome your comments but if they’re all going to be the same, perhaps you could select two or three out
of the, what looks to me like five or six people to be the spokespersons for your public speaks. So, if you
want to do that, that’s fine. But the first speaker is Trena Curtis. Ms. Curtis, would you step forward? Good
evening and welcome. And also with Ms. Curtis is, I believe her husband, Mr. Curtis.
TRENA CURTIS: Yes.
PRESIDENT SCHULMAN: Great, will you give us....and thank you for being here, we appreciate your
coming down. Would you give us your name and your residential address please.
TRENA CURTIS: My name is Trena Curtis. My residence is 351 Cornelia Avenue in Canton.
SOLADENE CURTIS: Soladene Curtis, same residence.
PRESIDENT SCHULMAN: And good evening to both of you. Go ahead.
TRENA CURTIS: I want to make this quick. It seems like it’s been a lot of calamity going within on our
neighborhood amongst a few neighbors. Some misinformation has been going around. A lot of intimidation
regarding property values. My husband and I have been in business for eight years and want to transition into
our home. We kind of want to decrease our numbers and be able to do what we do in the community a little
bit freer. Right now, with the daycare, we can’t do a lot of other things that we want to do as far as helping
people due to daycare licensing, they’re stating that we can’t run any other business inside of the childcare
center and that’s not what we really signed up to do in the beginning. Our focus is children but our main
focus is the community and providing emergency assistance and what have you. And there are people that
are against us having a daycare in our home and I think we’ve been using a lot of semantics. We don’t want
to run a daycare center in our home. We’re not trying to get full fledged like we were, we just want to have a
few children. It’s not going to affect traffic patterns, it’s not going to affect property values. At the Planning
Commission it was told to one of the residents that this does not affect property value. So we do want to
reassure people. We’re not a trucking company, we’re not a car wash, we’re not a mall. We just want to
work from our home and be able to do what we do in the community and just kinda want to ease some of the
stuff that’s been going on in people’s minds. Do you want to say something? (addressing her husband)
SOLADENE CURTIS: Basically to reiterate what she said. We’re not a huge corporation, we’re not
intending to buy up a lot of land and tear down trees and build this big infrastructure or anything like that.
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
We’re basically just trying to conduct business out of our home. With the economy, with the state of the
economy the way it is, you know, years ago we had a lot of, I guess, senior people who are kind of afraid of
change. And you know, I can respect that, me being from the neighborhood, my father has lived around the
corner from where we are fifty years or more. So, I know exactly the concerns that the people have as far as
the neighborhood going down, so to speak. We in no way, shape or form plan on doing that, we don’t plan
on building anything that’s going to change the esthetics of the neighborhood, nor our home for that matter.
We’re simply trying to conduct business out of our home.
TRENA CURTIS: So with that, we ask you to revoke the Planning Commission’s decision to deny a zone
change on our home only. We have to do this, I mean, we can do business with six children and not have to
go for a zone change but that’s going to create problems because I would be the only person that would be
able care for those children and with the way that we’re operating our business and the other things that we’re
doing in the community, I wouldn’t be able to leave the house. So this is why we’re needing a zone change
to apply for Type A child care in our home, which allows us to care for up to twelve children.
PRESIDENT SCHULMAN: Okay, very....
SOLADENE CURTIS: I’m sorry, there’s also a...I guess an issue of traffic but what people fail to realize is
the fact that a daycare center, you know, parents, they come and drop the kids off and then they go take care
of their daily responsibilities. It’s not like it’s going to be a party where people are just going to be blocking
traffic and driveways and things of that nature.
PRESIDENT SCHULMAN: Alright, thank you very much Mr. and Mrs. Curtis, we appreciate it. The third
speaker is Mr. Papadopulos. I want to hold off on Mr. Papadopulos because I’m starting to sense that you are
the proponents obviously of the zone change and there maybe some people, who I take it are against
this....against your position. So, what I’d like to do if...if that is true. Katherine Baylock, is Ms. Baylock
here? Or Mr. Baylock, no? Is there a Katherine Baylock? B-A-Y-L-O-C-K. (Inaudible) Sure, come on,
that’s fine. And I take it you’re Ms. Baylock. Good evening. If you could give us your name and your
residential address please.
KATHERINE BAYLOCK: Katherine L. Baylock, I live at 325 Cornelia Avenue for almost thirty years, in
Canton, Ohio.
PRESIDENT SCHULMAN: Okay, proceed, go ahead. Thank you for coming.
KATHERINE BAYLOCK: Okay, I just listened to the Curtis’, you know, talk about their daycare and I want
them to know that it’s nothing against the daycare or you, I been knowing your parents for thirty years
almost, over thirty years. But, the concern that I have and other residents that are senior citizens and they’ve
been out there, oh, over thirty years, retired from Timken, Republic Steel, some of them were Marines in
World War II and they worked hard, they fought, they raised their children, some kids were waivery, some
wasn’t. But it’s not to point the finger at you having a daycare, our whole concern is the zone change.
Because once you change a zone from residential to commercial, you’re opening up a can of worms where
anybody, it’s quite a few empty houses in parts of that neighborhood that could come in there and start a
business, that’s the concern. It’s not pointed at you or the daycare, I know you work well with kids, I know
all that because my daughters know you and what you do but it’s not that. It’s just changing the zone itself
and right now we just....it’s quite a few of us that don’t want that done. And that’s all we have to say, we just
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
don’t want the zone change because of that.
PRESIDENT SCHULMAN: Okay, thank you very much, thank you for coming down. We have another
speaker on the zone change, Pamela Win. Ms. Win. (Inaudible) I’m sorry? Okay and finally Mr. Meacham,
would you say the same thing or would you like to come up? Would you like to come up and give us your
name and your residential address please. And good evening.
FREDERICK MEACHAM: Good evening, my name is Mr. Frederick Meacham, I live at 342 Henrietta
Avenue NE. I’ve come here to again, voice my objection to a business being created in my backyard,
literally. Where my brother Jimmy and I sold our family three backyard lots to them to build their house as a
home, not as a business. Thank you.
PRESIDENT SCHULMAN: Thank you very much sir. We have also Mr. Young, but I’m not sure, was he
going to, Mr. Young were you going to address the zoning issue? (Inaudible) Pardon? Yes, come on up sir,
you’re more than welcome. Would you give us your name and your residential address and good evening to
you sir.
PRESTON YOUNG: My name is Preston Young, I live at 361 Freedom Avenue NE. I’m here every two
years, same thing, same family was trying to get zone changed two years ago. We been doing this since 1960
from the time we built and moved down there, that’s been one hassle, that’s enough to keep it as a residential
area. So far we have been blessed with good planning from the Planning Commission and Zoning
Commission to keep it the way it is. We would like it to remain the way it is, as a residential area. You
know, it’s a lot of people that we put in petitions, each Council Person should have a named petition, that’s
just part of it. But once something happens like that, all the older people in there now, well they can’t around
as much. But my phone jumps off the hook when something comes up so I do the legwork and get all the
stuff to get it going. So I and the other guys here do...does that. But to the point is, we go through this,
we’ve had everything from trucking to somebody wanting beer joints and every else, barber shop and beauty
shop and it’s strictly a close knit little hood in there that’s residential and we would like to keep it that way.
And any zone change will spoil that and you know we have enough problem otherwise, fighting other things
out there in that area to keep it going. You can check with the Mayor, he can tell you about those problems,
which they did a terrific job on last year. We appreciate that. In the meantime, I’m asking the Councilmen to
go along with the Planning Commission and Zoning Commission and vote no on that change.
PRESIDENT SCHULMAN: Very good, thank you very much Mr. Young, we appreciate it. Thank you all
for coming down. Our next speaker is Mr. Papadopulos. Mr. Papadopulos, good evening. Can you give us
your, you’ve been here before, I know, would you give us your name and your residential address please.
PHILIP PAPADOPULOS: Yes, my name is Philip Papadopulos and I reside at 1042 25th St NW. I want to
thank Canton City Council for giving citizens the opportunity to speak. I am requesting that Canton City
Council reconsider the building of a super Fire Station and training center at 25th Street and Cleveland
Avenue, which is part of our Canton City Park System. The park is enjoyed by thousands of Cantonians each
year. Young people play basketball, baseball, football and contrary to many opinions, soccer is played on the
enclosed soccer field. Canton McKinley’s soccer team often practices on this field. There are also swings
and a sliding board for the youngsters to enjoy. Last week, we celebrated President’s Day and in my 68
years, twelve Presidents have served our Country. On the proposed Fire Station site, sits a giant oak tree, 16
feet, 2 inches in circumference, his estimated age is 200 to 225 years. That indicates that he has lived during
COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -87-
MINUTES OF THE MEETING OF FEBRUARY 23, 2009
the terms of all of the Presidents of the United States. Also on this site are four other magnificent oak trees
which are about 125 years old, having residency in the park before William McKinley was elected President.
Is Canton City Council going to foreclose on these residents? Canton is striving to be known as a green City,
what better way than to preserve our green space with the possibility that funds maybe available from the
stimulus package, Canton City Council can review its options. There are many concerned citizens who are
asking Council to preserve our parks and trees for future generations. Thank you.
PRESIDENT SCHULMAN: Thank you very much sir. Our next speaker is Patricia Kirk. Ms. Kirk, good
evening. If you could give us your name and your residential address please.
PATRICIA KIRK: Good evening everyone. Thank you for letting me speak and I’m also going to pass these
three pages to the people around Council and just pass them around and I will collect them later.
PRESIDENT SCHULMAN: Just for the record, could you give us your name and address please.
PATRICIA KIRK: Oh, sorry.
PRESIDENT SCHULMAN: That’s alright.
PATRICIA KIRK: I do it every time. My name is Patricia Kirk, I live at 131 5th St NE. I am the President of
Shake a Leaf, which is citizens improving Canton’s community and green space for present and future
generations and also Downtown Central Neighborhood Association. These two pictures here are just two of
the trees, this one here is the smaller one. This only shows the trunk, this one is the bigger one. I want to you
imagine with me a tree taller than this room, the canopy fills the entire room and the trunk would be about
here. The roots would cover most all of what you see in here. I’ll just start this out. You can pass
(inaudible). I’ve been here for over 50 years, worked here, went to school here, I’ve learned one thing,
people do not have the same personalities, neither do Cities. Canton has a very unique history and heritage
and it comes in three forms. One is people, structures and green space and these three things have one thing
in common, they all give back to the City. Why are we so quick to destroy our heritage in Canton? As Mr.
Papadopulos mentioned, that park is the (inaudible) park, was specially built for soccer, it’s in between a
historic fireplace that was built to look like the rest of the neighborhood and it is surrounded by five oaks that
range in age from 100 to 200 years old. Now, if you have heard that these oaks are rotting from the inside
and they’re bad shape, that is not true. They have been looked by...at by arborists. There is one bad tree, it
may have been struck by lightning. The rest are in good shape. I called the EPA and Cities can get carbon
credits for agreeing not to cut down deciduous hard wood, old trees. Senator Luger, in Indiana is getting
carbon credits for not cutting down chestnut trees, I believe, in his property. And as the man at EPA said,
people just do not understand the value of green space to the air. This is where we get our oxygen and incase
you don’t know, at hospitals are planting healing gardens because people heal better around trees and also
they lower blood pressure in five minutes, that’s better than a pill. And if we keep going at this rate, we’re all
going to be on blood pressure medication and we’re going to have to ask the Government for free oxygen
tanks because Canton has very very little and we shouldn’t be destroying it. This is our heritage, there are
better solutions to this, we’re surrounded by empty buildings that can be used. Also we have a tendency....
PRESIDENT SCHULMAN: If you could, I hate to interrupt you, you know I love to hear you speak.
PATRICIA KIRK: Okay, I just want to say, Canton is our neighborhood, it’s good to look after our neighbors
but Canton is our neighborhood and what effects one corner, effects the rest. This Fire Station can be built,
will protect but it will also remove Fire Stations from protecting others. Thank you very much.
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
PRESIDENT SCHULMAN: Thank you. Thank you. Our last speaker, if I’ve done this correctly, is
Christine Peterson. Good evening, if you could give us your name and your residential address please.
CHRISTINE PETERSON: My name is Christine Peterson, I live at 319.....
PRESIDENT SCHULMAN: Speak up if you would. Thank you.
CHRISTINE PETERSON: 14th Street NE, Canton, Ohio. Mr. President, Members of Council, Mayor and
Administration, good evening and I thank you for the opportunity to speak. I’m here to respond to the recent
mirage of allegations, investigations and problems that has seeped into and disrupted the daily operation of
The Canton City Government. These plaques have affected the daily lives of many individuals and the
citizens of Canton as a whole. My purpose here tonight is to place into the hands of each Council Member,
the Council President, the Mayor and the Administration a resource that offers guidance and tools for
applying truth to the everyday operations of the City. The truth can heal, restore, offer hope and instruction
during these troubled times. It offers wisdom to those who ask. The truth will give us freedom and freedom
only comes through prayer and forgiving. This booklet that I am giving you is a tool to be used to pray for
the healing of our City and Nation. Seek God for the City is to be read daily beginning February 25th, Ash
Wednesday through April 25th, Psalm Sunday and it is a compliment of The House of Prayer Restoration,
House Ministries International in Canton. As it stands without any exceptions, the truth is the only answer
for the City of Canton and the truth comes from God and I pray that this resource will be used by each of you
to seek God for the City. Thank you and God Bless each one of you.
PRESIDENT SCHULMAN: Thank you very much Ms. Peterson. Thank you.
(APPLAUSE)
PRESIDENT SCHULMAN: And that concludes our Public Speaks, Open Forum this evening.
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: We’re now under Melissa....(laughter)...is there a Melissa Laneous out there.
We’re now under Miscellaneous Business. Is there any? No Miscellaneous Business. Mayor, oh I’m sorry,
one second, Mayor Healy.
MAYOR HEALY: Thank you Mr. President and to the Council. We had a press release that went out today
that I’d like to share with everybody. We had our statistics that came out, crime statistics that showed our
2008 numbers and we had compared them to 2007 and even went back through 2005, 2004 and you know,
although, we don’t like to have any crime in this community the good news is that the crime numbers were
reduced by nearly 14% in 2008 compared to 2007 and they were actually lower than the 2006, 2005 and 2004
numbers as well. So, we had a pretty good reduction. I’d like to compliment and congratulate the Canton
Police Department, Chief McKimm, Director Nesbitt and everybody involved in helping make our
community safer. There’s a lot of variables that go into that, a lot of the efforts and the programs that were
put into place as well as happen stance in luck and we’ll take that too. And we know that those numbers can
change on us at given time. We’re hoping to continue this trend and help do what we can to make those
numbers go down again for 2009. And again, I just wanted to share that with everybody, it’s good news for
the City of Canton. And I compliment everybody involved, thank you.
(APPLAUSE)
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
PRESIDENT SCHULMAN: And I know the Chief is in the room and congratulations Chief, keep up the
good work, we appreciate it.
(APPLAUSE)
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: Thank you Mr. President. I’d like to direct this to the Mayor and probably the Service
Director, Mr. Warren Price. With the Holidays that we’ve just passed, have come and gone, President’s Day,
a lot of people were confused with the sanitation pick up, including myself and not just....and I heard it from
a lot of different Wards because some people thought it was going to be delayed, that the trash pick up would
be delayed and unfortunately on my street some of them follow suite, if I don’t put mine out, they don’t either
so I failed to put mine out and then low and behold, here they were on their regular schedule. So if there is
some way that we could maybe inform maybe through the press or what have you because generally I read
everything in the paper and I didn’t see anything in the press that they were not going to have the....no...not be
there to pick....I mean they were going to go on their regular schedule and then the interesting thing about it
all is Barney, and that’s what he told us to call him, our new Director of Sanitation, when I called him, he
said he was off on President’s Day but his crews worked, so that....and I know our staff was off and it was
rather confusing, you know, I thought whenever he was...would be off then his crews would be off. So that
even complicated it a bit more. So if we could just maybe get a little bit more coverage as to when...when
they are going to be delayed, it would be helpful for all the community. So, you know, maybe the radio
would pick it up and the media too, I’d appreciate that and so would the citizens. Thank you Mr. President.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Do you want to answer? Director.
SERVICE DIRECTOR PRICE: Thank you Mr. President and Councilwoman Cirelli, you know we’ll, like
you as far as our President’s Day collection I will need to look into that myself and but as soon as we do,
we’ll look into getting the word out and making sure that people are aware of our schedule. Thank you.
PRESIDENT SCHULMAN: Thank you Director.
MEMBER BARTON: Mr. President.
PRESIDENT SCHULMAN: Member Barton.
MEMBER BARTON: Yes, I would just like to address Ms. Kirk and Mr. Papadopulos on their concerns
about the concerns over at the park. I would like to say, right now I’m not feeling a lot of love for the trees
because in the last six months, I’ve lost power along with many residents up there due to trees and the wind
storms. This last time I was without power for two days. It got down to 50 degrees in my house, I had to
take my family to a hotel room until they got it restored. However, being that said, I did also participate in
the Fireman’s training last year and I know how hard that job is, I’ve talked to some of the Firemen and they
have expressed to me that they are in need of a new Fire Station over there. So, I will say this and I wanted to
direct this to the Safety Director and to the Mayor, I know we’re looking at a new Fire Station over there and
we’re looking at building it just to the north of the old Fire Station, in an effort to maybe look at this from all
sides, would it be possible to remove the old existing Fire Station and build the new one on the existing site
in an effort to not disturb some of those older trees plus give the Firemen their new station and maybe create
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
a win, win, win situation for all those concerned. Thank you.
PRESIDENT SCHULMAN: Thank you Member Barton. Director Nesbitt.
SERVICE DIRECTOR NESBITT: Thank you. That has been considered with the...and talked to
Engineering and the set backs, the Engineering Department says that the Fire Station be set back farther from
the street and also the...currently where the fire trucks and ambulances are coming onto Cleveland is too close
to the intersection and it needs to be set back farther for safety reasons. So that’s what that consideration
was. As far as the trees are I have designed and insured that two of the largest trees are going to be saved.
We are gonna loose a couple, three of them, I’ll admit that, I’ve told Ms. Kirk has heard this as well at the
different meetings we’ve had. But we’re going to do everything we can to not disturb the two largest trees
there to ensure that we try to save those.
MEMBER BARTON: Mr. President.
PRESIDENT SCHULMAN: Member Barton.
MEMBER BARTON: I just wanted to say thank you to the Safety Director on that information. And I also
want to say to the residents that, though I am trying to do the best thing for everybody involved here. My
number one concern is the safety of the residents of that Ward. And if that means having the proper
equipment to equipt our Firefighters and have the training center there and the Fire Station for them, then if it
means saving one life, then that’s where I’ll have to stand on that issue. Thank you.
PRESIDENT SCHULMAN: Thank you Member Barton.
MEMBER CIRELLI: Mr. President.
PRESIDENT SCHULMAN: Member Cirelli.
MEMBER CIRELLI: I wasn’t going to bring this up but since Member Barton did bring it up, I have some
real concerns because Canton has really literally destroyed an awful lot of our buildings that should have
been maintained and I’d be remise if I didn’t mention that Fire Station. To a lot of people that’s a historic
building, if that could have been...be incorporated somehow, if it could be moved somehow, I think it would
be great if we could have it used as possibly a museum Fire...for firefighters museum someplace, it would be
something else that would bring people to Canton and keep historic value of that property, I mean the
building in itself, the architect. We’re very sensitive to that, we’ve lost the Case Mansion, we’ve lost the
good God, we’ve lost about 90% of this City, let’s be real about it. And then later after the fact, we realize
that it even does cost more to take these buildings down than if we would just leave them there and don’t
bother with for like one, the asbestos. When you start dealing with asbestos, then you have a problem, if you
have it contained, it does not cost anything. I mean, you can build around it and what have you. So, if there
is someway, and I just saw Member Carbenia had a drawing here, it’s the first that I’ve seen the potential Fire
Station. If that could be incorporated in there somehow and or the building itself, can be given some
consideration, I think that would be greatly appreciated by this entire City because they’re tired of watching
everything being torn down. Thank you.
PRESIDENT SCHULMAN: Thank you Member Cirelli. Member Carbenia.
MEMBER CARBENIA: Yes Mr. President, I move we adjourn.
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MINUTES OF THE MEETING OF FEBRUARY 23, 2009
MEMBER CIRELLI: Seconded.
PRESIDENT SCHULMAN: It has been moved and seconded to adjourn, Madame Clerk roll call vote please.
NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS
CLERK TIMBERLAKE: Eleven yeas, Mr. President.
PRESIDENT SCHULMAN: (Gavel falls) Meeting is adjourned, thank you ladies and gentlemen.
ADJOURNMENT TIME: 8:17 PM
ATTEST: APPROVED:
CYNTHIA TIMBERLAKE ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM FEBRUARY 23, 2009
ROLL CALL: Eleven Council Mem bers Present, Mem ber Casar Absent
INVOCATION: Karl “Butch” Kraus, Jr., W ard 8 Council Mem ber
PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#8 & O#9; O#9 Adopted on 2 nd Rdg; O#13
Adopted as Am ended)
PUBLIC HEARINGS:
7:30 P.M. AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW N AS THE DIANO
ANNEXATION AREA CONTAINING APPROXIMATELY 51.228 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 O#28/2009
PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): (None)
INFORM AL RESOLUTIONS:
ASSISTANT MAJORITY LEADER JOE CARBENIA: EXCUSING MEMBERS. (MEMBER CASAR)
15. BARTON, P. W ARD 7 CNCL MEMBER: REQ PLACEMENT OF STREET LIGHT ON POLE #771D03-129 ON
22 ND ST NW BTW N CLEVELAND AVE NW & MARKET AVE NW . -
ADOPTED
COM M UNICATIONS:
78. AUDITOR MALLONN (CITY): CERT OF TOTAL AMT FROM ALL SOURCES. - RECEIVED & FILED
79. DEPUTY DIRECTOR W EST: REQ MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT W /THE
GROUP W ORKCAMPS FOUNDATION TO PROVIDE GRANT NOT
TO EXCEED $50,000.00 UTILIZING CDBG FUNDS FOR “CALL
CANTON HOME” PROG FOR PARTIAL YR 2009 & 2010. -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
80. DIRECTOR TORRES: REQ MAYOR &/OR SERV DIR TO ENTER INTO AGMT W /CITY
CENTER FITNESS GRANT IN THE AMT OF $75,000.00 TO BE
FORGIVEN AT RATE OF 20% PER YR FOR 5 YRS, LOCATED @
121 CLEVELAND AVE SW & CREATING 10 - 14 NEW JOBS. -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
81. DIRECTOR TORRES: AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACT
W /CCIC TO PROVIDE GRANT UTILIZING CDBG FUNDS NOT TO
EXCEED $500,000.00 FOR GRANTS, LOANS, & ADMIN COSTS. -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
82. HEALTH BENEFITS ADMIN., MCBRIDE: JANUARY 2009, MO COMPARATIVE RPT OF INSUR CLAIMS & JAN
2009 PAID CLAIMS & COMPARATIVE RPT. - RECEIVED & FILED
83. MAYOR W ILLIAM J HEALY: ADVISE RE-APPT OF ANDREW BLACK TO CANTON PARK COMM
FOR 3 YR TERM COMMENCING 1/1/09 - 12/31/2011. - RECEIVED &
FILED
84. MAYOR W ILLIAM J HEALY: ADVISE APPT OF DONALD R. SINGER TO AREA AGENCY ON
AGING AREAW IDE ADVISORY COUNCIL FOR 3 YR TERM
COMMENCING 1/1/09 - 12/31/11. - RECEIVED & FILED
85. MAYOR W ILLIAM J HEALY: ADVISE RE-APPT OF DR. MERLE GRIFF & QUINZELLA HOBBS TO
AREA AGENCY ON AGING AREAW IDE ADVISORY COUNCIL 3 YR
TERM COMMENCING 1/1/09 - 12/31/11. - RECEIVED & FILED
86. MAYOR W ILLIAM J HEALY: REQ AUTHORIZE RE-APPT OF VIRGINIA JEFFRIES & LOVIE
HAILEY TO FAIR EMPLOYMENT PRACTICES BD FOR 3 YR TERM
COMMENCING 3/1/09 - 2/1/11. - PERSONNEL COMMITTEE
87. MAYOR W ILLIAM J HEALY: REQ PAYMT OF MORAL OB FOR $7350.30 FOR 2008 INV RCVD
LATE FOR BLACK, MCCUSKEY, SOEURS & ARBAUGH LPA. -
FINANCE COMMITTEE
88. PLANNING COMMISSION: RECOMMENDING RAILROAD ANNEXATION BE ASSIGNED TO
W ARD 8 OF APPROX 22 ACRES & LAND CONSTITUTING THE
RAILROAD LINE BE ZONED OS (OPEN SPACE) & APPROX 1 ACRE
OF LAND KNOW N AS THE R M PROPERTY BE ZONED B-4
(SPECIAL BUSINESS) (JACKSON TOW NSHIP). - RECEIVED &
FILED
89. PLANNING COMMISSION: RECOMMEND DENIAL OF ZONE CHG @ 351 CORNELIA AVE NE
FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED
MULTI-FAMILY) (TRENA & SOLADENE CURTIS). - JUDICIARY
COMMITTEE
90. PLANNING COMMISSION: RECOMMEND APPROV OF TW O ALLEY VACATIONS ONE
RUNNING SOUTH FR 31 ST ST NW TO LOT # 39355 & ONE
RUNNING W EST FR FRAZER NW TO LOT # 39355 & REPLAT LOTS
CANTON CITY COUNCIL AGENDA - PAGE 2 - FEBRUARY 23, 2009
COM M UNICATIONS CONTINUED:
36949 - 36953, PART OF 36957 & LOTS 36958 - 36962 (DUMONT’S
SEED CO). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE
91. PLANNING COMMISSION: RECOMMEND APPROV OF ZONE CHG @ 1460 SHRIVER AVE NE
FROM R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED
MULTI-FAMILY) W /ADDED STIPULATIONS OF LICENSING
REQUIREMENTS (CYNTHIA W ALKER). - JUDICIARY COMMITTEE
92. PLANNING COMMISSION: RECOMMEND APPROV OF ZONE CHG @ 1521 15 TH ST NE FROM
R-1a (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI-
FAMILY) W /ADDED STIPULATIONS OF LICENSING
REQUIREMENTS (CYNTHIA W ALKER). - JUDICIARY COMMITTEE
93. SAFETY DIRECTOR NESBITT: AUTHORIZE SAF DIR TO APPLY FOR & ACCEPT GRANT FROM
DEPT OF JUSTICE FOR “GANG PREVENTION COORDINATION &
ASSISTANCE PROGRAM” NOT TO EXCEED $200,000.00. -
FINANCE COMMITTEE
94. SAFETY DIRECTOR NESBITT: RPT OF INMATES INCARCERATED FOR JAN 2009. - RECEIVED &
FILED
95. SERVICE DIRECTOR PRICE: ADVISING COUNCIL THAT STREET DEPT W ILL HAVE
COMPLETED SALT CONTRACT BY END OF FEBRUARY & IF
CONDITIONS OCCUR ADDTL PURCHASING W ILL BE
NECESSARY. - RECEIVED & FILED
96. SERVICE DIRECTOR PRICE: 2008 ANNUAL RPT FOR W ATER RECLAMATION FACILITY (W RF). -
RECEIVED & FILED
97. SERVICE DIRECTOR PRICE: REQ CONSIDERATION OF SEW ER RATE INCREASES. -
RECEIVED & FILED
98. SLIMAN, S., AGENT FOR PETITIONER: ANNEXATION PETITION DOCUMENTS FOR 22.377 ACRES,
EXPEDITED TYPE 2 ANNEXATION FOR AREA TO BE KNOW N AS
“THE R M INVESTMENTS/METRO RTA ANNEXATION” (JACKSON
TOW NSHIP). - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. CREATE TITLE ELEVEN, AUTOMATED TRAFFIC ENFORCEMENT, UNDER PART THREE - TRAFFIC
CODE OF THE CODIFIED ORDINANCES; & CREATING CHAP 391, AUTOMATED TRAFFIC
ENFORCEMENT SYSTEM, UNDER TITLE ELEVEN OF PART THREE - TRAFFIC CODE OF THE
CODIFIED ORDINANCES, TO PROVIDE IMPLEMENTATION OF CIVIL AUTOMATED TRAFFIC
ENFORCEMENT SYSTEM FOR TRAFFIC SIGNALS & SPEED LIMITS
Referred to Finance & Public Safety & Thoroughfare Com m ittees
1 ST RDG 2. AUTHORIZE CANTON TO ANNEX THE TERRITORY KNOW N AS CANTON AUTO ANNEX APPROX
0.696 ACRES; ZONING TO W ARD 6 SAID TERRITORY AS B-4 (SPECIAL BUSINESS); EMERGENCY
Referred to Annexation Com m ittee PUB HRG 3/9/09 @ 7:30 PM
1 ST RDG 3. VACATING A PORTION OF ENGLE PL SW ; EMERGENCY
Referred to Public Safety & Thoroughfares Com m ittee PUB HRG 3/9/09 @ 7:31 PM
1 ST RDG 4. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, REC BIDS, & ENTER INTO CONTRACT FOR
CANTON RAIL STATION PROJ; AMEND O#193/2008 APPROP FROM UNAPPROP 2421 CANTON RAIL
STATION FUND TO 2421 CANTON RAIL STATION FUND $41,040.00; EMERGENCY
Referred to Com m unity & Econom ic Developm ent & Finance Com m ittees
1 ST RDG 5. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO LEASE AGMT W /STARK COUNTY
EDUCATIONAL SERVICE CENTER; EMERGENCY
Referred to Public Property Capital Im provem ent & Finance Com m ittees
1 ST RDG 6. AUTHORIZE SERV DIR TO ACCEPT GRANTS FROM OHIO PUBLIC W ORKS COMM FOR W ATER
TREATMENT PLANT UPGRADES; AMEND O#193/2008 SUPP APPROP FROM UNAPPROP 5223
W ATER INFRASTRUCTURE CAP IMPRV FUND $1,463,700.00 TO 5223 W ATER INFRASTRUCTURE
CAP IMPRV FUND & UNAPPROP 5223 W ATER INFRASTRUCTURE CAP IMPRV FUND $500,000.00 TO
5223 W ATER INFRASTRUCTURE CAP IMPRV FUND; EMERGENCY
Referred to Public Property Capital Im provem ent & Finance Com m ittees
1 ST RDG 7. AUTHORIZE SERV DIR TO ADVERTISE, REC BIDS, & ENTER INTO CONTRACT FOR W ATER
TREATMENT PLANT UPGRADES & ENTER INTO CONTRACT W /BURGESS & NIPLE FOR ENGR
SERV; AUTHORIZE MAYOR OR SERV DIR TO APPLY FOR & ENTER INTO CONTRACTS W /OHIO
W ATER DEVELOPMENT AUTHORITY FOR LOANS FOR PROJ; EMERGENCY
Referred to Public Property Capital Im provem ent & Finance Com m ittees
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#8 & O#9; ADOPTED O#9 ON 2 ND RDG)
2 ND RDG 8. AMEND SECTION 515.05, FAIR HSING COMM AS CITY RESIDENTS
(PER & JUD)
CANTON CITY COUNCIL AGENDA - PAGE 3 - FEBRUARY 23, 2009
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED:
23/2009 9. ESTABLISH FAIR MKT VALUE OF EASEMENTS IN REAL PROP; AUTHORIZE SERV DIR TO
NEGOTIATE & ACQUIRE EASEMENTS; EMERGENCY (4020 Faircrest St SW ) (C&ED)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
24/2009 10. AMEND O#174/2008, MIDTOW N CAFÉ LEASE; EMERGENCY
25/2009 11. AUTHORIZE AUDITOR TO PAY MORAL OB NOT TO EXCEED $85.00 TO CLEVELAND SECTION OPC;
EMERGENCY
26/2009 12. RATIFY PROF SVCS CONTRACT W /HOLLAND & KNIGHT; AUTHORIZE AMT IN EXCESS $15,000.00
PAID AS MORAL OB; EMERGENCY
AM ENDED
27/2009 13. AUTHORIZE MAYOR &/OR SERV DIR TO MAKE APPLICATION, EXECUTE GRANT AGMT, & ACCEPT
FUNDS FOR VARIOUS GRANT PRGS FROM OHIO DEPT OF NATURAL RESOURCES; EMERGENCY
28/2009 14. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS DIANO ANNEX APPROX 51.228 ACRES;
ZONING W ARD 6 SAID TERR AS I-1(LIGHT INDUSTRIAL); EMERGENCY PUB HRG 2/23/09 @ 7:30 PM
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, M ARCH 2, 2009 in Council Caucus @ 6:15 P.M .
1) Public Safety & Thoroughfares Com m ittee
2) Public Property Capital Im provem ent Com m ittee
3) Finance Com m ittee
4) Personnel Com m ittee
5) Annexation Com m ittee
PUBLIC SPEAKS: Trena & Soladene Curtis speaking to com m unity about the m isinform ation received regarding the running
of a childcare facility out of their hom e. They will be downsizing the existing business so they will have no increases in traffic
on their street and property values will not be changing because of this zone change. Asking Council to revoke the Planning
Com m ission recom m endation. Katherine Baylock stating that she has nothing against the Curtis fam ily and has known them
for quite som e tim e but is concerned about the zone change effecting the com m unity for any other persons that m ay want to
com e into the area and start any other types of businesses. Frederick Meacham voicing his objections to a business form ing
in his back yard literally. He gave a couple of lots to the Curtis fam ily to build their hom e not to build a business. Preston
Young is trying to keep his area rem aining a residential com m unity and he knows that if this zone changes it will change the
area forever. People will want to open beer joints, trucking com panies, beauty & barber shops and other businesses. He
asked that Council vote on the side of the Planning Com m ission and deny the zone change. Phiip Papadopulos thanked
Council for the ability to speak and requesting that they not build a super Fire Station @ 25 th St & Cleveland Ave NW because
of the num ber of children that use this park. McKinley High School soccer team and several others still use this park for
soccer and basketball. He also discussed the old oak trees and the num ber of Presidents that have served while these trees
have been standing. He asked that Council rethink this project with part of the stim ulus funds. Patricia Kirk also discussing
the Oak trees on the lot at 25 th & Cleveland NW . She stated that people do not all have the sam e personalities nor do trees or
even cities. She passed around pictures of the two larger trees and the root structure of these trees being the size of the
Cham ber room . She has contacted the EPA and has found that the city will receive carbon credit for not cutting down these
trees and keeping the green space. These trees create a large am ount of oxygen for our city and there are even hospitals that
are building green spaces for the healing process. Christine Peterson thanking all Mem bers of Council and the Adm inistration
for the opportunity to speak. She m entioned all of the rum ors and allegations that are going on and causing so m uch
anim osity within the city and interrupting the daily business that needs conducted by all. She passed out a booklet to all
regarding the truth in forgiveness and ask that they each begin reading this book on W ednesday 2/25/09 (Ash W ednesday)
and read daily until Palm Sunday. She thought that this m ay help them all through a bad tim e.
M ISCELLANEOUS BUSINESS: Mayor Healy sharing 2008 crim e statistics. A large reduction in crim e within the city from past
years. He thanked both Chief McKim m and Director Nesbitt for their efforts and stated that they will all try to continue to m ove
in the sam e direction toward im proving these num bers even m ore. Mem ber Cirelli questioning Director Price regarding the
President’s Day sanitation pickup schedule. She states that she as well as som e of the constituents in her area were confused
and wanted to see if there was another m ethod of notification to the public on which holidays the pickup schedule was on tim e
or delayed. She also discussed the possibility of using the Fire Station at 25 th & Cleveland as a Fire Museum and m oving the
building to a new location because som etim es it is cheaper to keep these buildings and restore them for the historical factors
of the city than it is to dem olish them . Director Price will look into the current sanitation schedule and the m ethods of
notification. Mem ber Barton wanted to address the persons discussing the trees at the 25 th & Cleveland location and m ention
the num ber of tim es he has been without power during the past couple of storm s because of these trees. He did state that his
biggest concern was the safety of the citizens and how badly a new Fire Station was needed at that location. He asked about
placing the new building where the old building was to save m ore of the trees. Safety Director Nesbitt states that he has
arranged the design for m ost of the trees to rem ain and the oldest ones to stay intact at this location however the building does
need m oved so that the safety vehicles both am bulances and Fire trucks can com e out onto Cleveland Ave in a better area to
enter in with traffic.
ADJOURNM ENT:. 8:17 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 2, 2009 @ 7:30 PM
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