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City Council

Regular Meeting

Canton, OH · March 2, 2009

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -91- MINUTES OF THE MEETING OF MARCH 2, 2009 PRESIDENT SCHULMAN: OK, with a quorum being present, the Chair calls this meeting of Canton City Council to order, roll call please, Madame Clerk. By the way, before we have our roll call is it, can you hear me out there, better than normal or not? Yes, good. No, a liitle bit? MEMBER CARBENIA: Go ahead. PRESIDENT SCHULMAN: We had our Service Director work on this and I appreciate it but I think the sound system is a little better. Well anyway, Madame Clerk, roll call vote please. 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 the invocation given tonight by Assistant Majority Leader Joe Carbenia. Would you all please remain standing afterwards for the pledge of allegiance. The regular meeting of Canton City Council was held on Monday, March 2, 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 Joe Carbenia, the Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Carbenia for that stirring invocation. John Kennedy said though, “On earth God’s work must truly be our own.” So I think we all have an obligation with the man on high to help us out. We’re now under agenda corrections and changes. Members of Council, you’re going to be asked to suspend Rule 22A to add the second reading of Ordinances 3 through 9. MEMBER CARBENIA: Yes, Mr. President. PRESIDENT SCHULMAN: Member Carbenia. MEMBER CARBENIA: I move we, that Rule 22 be suspended, 22A be suspended to add second readings through, from #3 through 9. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to second reading Ordinances 3 to 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 COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -92- MINUTES OF THE MEETING OF MARCH 2, 2009 CLERK TIMBERLAKE: Eleven yeas, Mr. President PRESIDENT SCHULMAN: Thank you Madame Clerk the motion carries Rule 22A is suspended and Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. There are no public hearings this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks on Ordinances and Resolutions for adoption. We have no speakers signed up this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions. Assistant Majority Leader Carbenia, I will recognize a motion to excuse Majority Leader Don Casar. MEMBER CARBENIA: Mr. President, I move that we excuse Majority Leader Don Casar from this evening’s meeting. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Majority Leader Casar from this evening’s meeting, are there any remarks? As everyone in the audience should know, Member Casar underwent a pretty serious knee replacement surgery and he is just now recuperating so we wish him our very best and if there are no other remarks, 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. Majority Leader Casar is excused from this evening’s meeting, and, Madame Clerk will please read Resolution 16 by title. #16. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPTS OF VIRGINIA JEFFRIES & LOVIE HAILEY TO FAIR EMPLOYMENT PRACTICES BD COMMENCING 3/1/09 - 2/1/11. - ADOPTED MEMBER CARBENIA: Mr. President. I move we adopt Resolution 16. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded that you adopt Resolution 16. Are there any remarks under this Resolution? If not, by voice vote, all those in favor, signify by saying aye. Those opposed no. The resolution carries. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -93- MINUTES OF THE MEETING OF MARCH 2, 2009 NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE 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 MARCH 2, 2009. 99. CARBENIA, J, ASST MAJ LDR & WARD 9 CNCLMBR: REQ ORDINANCE PERMITTING USE OF PROJ LABOR AGRMTS & ESTABLISHING RESPONSIBLE CONTRACTOR STANDARDS ON CONSTRUCTION PROJ IN CITY. - COMMUNITY & ECONOMIC DEVELOPMENT & JUDICIARY COMMITTEES 100. COUNCIL CLERK TIMBERLAKE: REQ FORMAL RESOLUTION WITHDRAWING OBJECTION TO ISSUANCE OF D-5 LIQUOR PERMIT FOR ANGELA NEWMAN, WHISTLE STOP @ 1215 WEST TUSCARAWAS ST. - INTERGOVERNMENTAL & PUBLIC SERVICE COMMITTEE 101. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D5 LIQ PERMIT FR: SAMMYS AT THE CANTON CLUB INC FLOORS 12 13 14 & 14TH FL PATIO TO HCPD CANTON CLUB LLC FLRS 12 13 & 14 & 14TH FL PATIO @ 101 MARKET AV S. - RECEIVED & FILED 102. LIQUOR CONTROL DIVISION (OHIO): NOTICE THAT HRG FOR CLUB 330 LLC @ 1775 CLEVELAND AVE SW SCHEDULED FOR 2/25/09 IS CANCELLED. - RECEIVED & FILED 103. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 9:00 AM RE: RENEWAL OF D-2-2X-3 LIQ PERMIT FOR MARK & FRANCES MILLS DBA MARK’S TAVERN @ 1652 BRYAN AVENUE SW 1ST FLOOR FRONT. - RECEIVED & FILED 104. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 10:00 AM RE: RENEWAL OF D-5 LIQ PERMIT FOR MARK & FRANCES MILLS DBA FRIENDLY KORNER TAVERN @ 1503 HARRISON AVENUE SW. - RECEIVED & FILED 105. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 11:00 AM RE: RENEWAL OF D-2-2X-3 LIQ PERMIT FOR MARK & FRANCES MILLS DBA MILL INN @ 1537 HARRISON AVENUE SW. - RECEIVED & FILED 106. SAFETY DIRECTOR NESBITT: NOTIFYING THAT CITY & AND THE CPPA HAVE REACHED A 3 YR TENTATIVE AGMT. - PERSONNEL & FINANCE COMMITTEES 107. SERVICE DIRECTOR PRICE: AUTHORIZE PAYMENT OF $14,950.00 MORAL OB TO OSBORNE ENGINEERING (25TH ST NE STORM SEWER PROJ). - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -94- MINUTES OF THE MEETING OF MARCH 2, 2009 108. SERVICE DIRECTOR PRICE: REQ AUTHORIZE SEWER RATE INCREASE OF 6.25%. - ENVIRONMENTAL & PUBLIC UTILITIES & FINANCE COMMITTEES 109. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS REGARDING RM INVESTMENTS/METRO RTA ANNEXATION. - 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 AND #2 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS. #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $7,350.30 TO BLACK, MCCUSKEY, SOUERS & ARBAUGH; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO MAKE APPLICATION FOR AND ACCEPT A GRANT FROM THE DEPARTMENT OF JUSTICE TITLED “GANG PREVENTION COORDINATION AND ASSISTANCE PROGRAM”; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Oh, we are on to the second reading already. I was just, I was so excited just waiting for you to keep reading. We’re now under Ordinances for the second reading. Madame Clerk would you please read the second, please read Ordinance #3 by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #3 THROUGH #9 FOR THEIR SECOND TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #3. (2ND 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 COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -95- MINUTES OF THE MEETING OF MARCH 2, 2009 #4. (2ND 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 #5. (2ND 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 #6. (2ND 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 #7. (2ND 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 #8. (2ND 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 #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR WATER 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 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for their third and final reading. Would you please read Ordinance #10 by title? #10. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 29/2009 AN ORDINANCE AMENDING SECTION 515.05, FAIR HOUSING COMMISSION, OF CODIFIED ORDINANCES OF THE CITY OF CANTON COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -96- MINUTES OF THE MEETING OF MARCH 2, 2009 PRESIDENT SCHULMAN: Member Carbenia. MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #10. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded that you adopt Ordinance #10. Are there any remarks under this Ordinance? MEMBER CARBENIA: Mr. President. PRESIDENT SCHULMAN: Member Carbenia. MEMBER CARBENIA: I move that we amend Ordinance #10 per copy that all Council people have in front of them. MEMBER SMUCKLER: Seconded. AMENDMENT: Pursuant to Rule 36, I move to amend Agenda Item No. 10 by substituting the ordinance attached to the Amendment for the ordinance currently pending before Council. PRESIDENT SCHULMAN: It has been moved and seconded to amend the Ordinance per the copy before each Council Member. Are there any remarks? If not, by voice vote all those in favor signify by saying aye, those opposed no. The motion carries. MEMBER HAWK: Inaudible. PRESIDENT SCHULMAN: Oh I’m sorry. Excuse me, let’s do that again. All those in favor say aye. Those opposed no. We have two no’s, thank you. The ayes carry and the motion to amend per the copy in front of each of you is adopted. Member Carbenia. NO REMARKS AMENDMENT PASSED BY VOICE VOTE (Members Cirelli and Hawk voted Nay) MEMBER CARBENIA: Mr. President, I move we adopt Ordinance #10 as amended. PRESIDENT SCHULMAN: The question your now voting on is Ordinance #10 as amended. Are there any remarks? Member Hawk. MEMBER HAWK: I was very supportive of this Ordinance under it’s original form, however, I find it difficult to support as amended. Thank you, sir. PRESIDENT SCHULMAN: Thank you, Member Hawk. Any other remarks? Member Cirelli. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -97- MINUTES OF THE MEETING OF MARCH 2, 2009 MEMBER CIRELLI: I have to agree with Member Hawk. I think this specific Board is very important being Fair Housing but I think the people serving on it should be from the City of Canton, so I am going to vote against it also, sir. PRESIDENT SCHULMAN: Thank you, any other remarks? The question you are now voting on is the Ordinance as amended. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 9 YEAS, 2 NAYS (Members Cirelli and Hawk voted Nay) PRESIDENT SCHULMAN: Ordinance #10 is adopted. ADOPTED AS AMENDED AS ORDINANCE NO. 29/2009 ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you sir. Finance Committee will meet Monday, March 9th at 6:30. PRESIDENT SCHULMAN: Thank you. Any other committee meetings? MEMBER CARBENIA: I think Personnel. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: Personnel Committee will meet March 9th at 6:30. PRESIDENT SCHULMAN: Thank you. PUBLIC SPEAKS (OPEN FORUM--CITY BUSINESS ONLY) PRESIDENT SCHULMAN: We’re under Public Speaks and we have no speakers signed up this evening. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? Member Cirelli. MEMBER CIRELLI: Mr. President, thank you. I appreciate, direct this to the Mayor. I appreciate him apprising us in Caucus that he is planning on going to Columbus to seek funding for so many things that we need in this community. Police, Fire, Water, what have you, but I would like to ask you, Mr. President if you would be have, on behalf of this Council Board, if you could attend with him, because you are a strong supportive of this City and if that would be fine with the Mayor that youns could work it out that you would attend on behalf of this body. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -98- MINUTES OF THE MEETING OF MARCH 2, 2009 PRESIDENT SCHULMAN: Well I would be honored to do so and I will talk to Mayor Healy and see if he wants my company and if he does and my schedule permits, I will definitely do that, Member Cirelli thank you. MEMBER CIRELLI: Thank you, Mr. Chairman. And I have a second issue, please. So that I can address, bring Mr. Nesbitt to rest, cause I strained him quite a bit on an issue on Rowland Avenue and the Chief is here tonight so could I have the Chief come forward to speak on the issue of Rowland Avenue for me. Thank you. CHIEF MCKIMM: What can I do for you Member Cirelli? PRESIDENT SCHULMAN: Chief, good evening. CHIEF MCKIMM: Good evening. PRESIDENT SCHULMAN: Thank you for being here MEMBER CIRELLI: Mr. Chairman and Chief as you know about the communications that I’ve forwarded to Mr. Nesbitt and then you have sent some back to me. There has been a lot of prostitution and drugs going on in this area and creating havoc and I have people that are complaining that they are moving out right and left. There getting license plates and documenting everything. What can you tell me has been progressed so far from your end, I would appreciate that.. CHIEF MCKIMM: Well I, we, I have taken your communications and reviewed them and we have put them on the patrol periodic checklist as well as, providing them to the Vice Bureau for investigation for a longer term investigation. One thing I would ask is if you could maybe forward me the name of the complainants so that we could contact them personally and I could have Vice do an interview with them to see exactly what the situation is. I don’t have the number, plates yet but if they could provide those, that would be a great help. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Member Cirelli. MEMBER CIRELLI: And Chief, I’ll be glad to probably try to get her tonight. The family tonight and if they and I am sure they will probably come forward now cause they’ve been very upset with what they’ve had to witness in that neighborhood. CHIEF MCKIMM: You need to have them just contact me. We, I can assure them we can do this in an anonymous manner. MEMBER CIRELLI: Right, OK. And just apprise everybody, so far I have been copying and pasting from my constituent cause I always protect the source, so I will be glad to do that with the Chief. Thank you very much. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? Thank you Chief very much, I appreciate it. COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -99- MINUTES OF THE MEETING OF MARCH 2, 2009 MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes, just real quick. I think one of the things that and this may also even help with Member Cirelli’s complaint in reference to a constituent and many people know that I have been a strong advocate for cameras in high problematic areas within Ward 2 as well as the City. This past week I seen on the news that Cleveland is actually getting more cameras throughout their community to address high problematic areas in the downtown, making it more safe for people to walk and come downtown and so on and so forth, and have found those cameras to be pretty valuable and I am not talking about the traffic cameras but I’m talking about the ones that where we have gang activity, where we have people, you know regular safety, where people are walking through the community and you’re using these things as a tool for safety. And you know, I really would stress not only to Council, but as well as the Administration to look at these cameras and let’s go after those type of cameras because they are effective in some of the other areas within the state. When we talk about prostitution, we talk about drug dealing, that is not something that sits idle. Matter of fact when someone calls in to your Ward and says we’re having prostitution in the 800 block of Rowland or whatever street it is. You’ll sit and say well OK let’s call the Police. By the time the Police gets out there (inaudible for a moment), I believe it’s not crime, and they end up arresting them and they end up back on the street some time after, but with these cameras they do rid the neighborhoods of some of the problematic areas, high problematic areas that are happening within our Wards, so I would hope that we would look at those and find the resources necessary to address some of these issues in our Wards and especially central City. So I want to make certain I say that. PRESIDENT SCHULMAN: Thank you Member West. Any other, Member Carbenia are you going to move to adjourn. MEMBER CARBENIA: Yes if nobody else. PRESIDENT SCHULMAN: I just want to, I want to re-emphasize what I said in Caucus tonight and I want it on the record and I know that the Mayor is here. We rely way too much on the federal, when I say we, I say that generically, on the federal government and on the state government to help us out. I think Joe’s invocation and prayer tonight was appropriate. We are hurting. I think Joe made the point, Member Carbenia made the point tonight that there are people in our community who are going to decide whether to take medicine or get food. That is unacceptable. That is unacceptable for this community and our neighbors and our friends, are hurting. This is a tough economic time and I just want to compliment you Members of City Council because I know that in the background, all though sometimes the public does not realize it and does not appreciate it, you are working to strengthen our families, our neighborhoods, put people back to work. We have a responsibility of not only getting the stimulus money, but of setting up Ordinances that are going to place our community members back to work. That’s our responsibility, it’s not President Obama, it’s not Governor Strickland, it is our’s. We live here. We know where the money should go. I know I want to compliment Member Hawk. He’s working on a land bank and we’re going to get that done because I know it’s the role of this Council to do that. That is very important. We have got to start strengthening the home prices in our neighborhoods and we can only do that by just going into neighborhood after neighborhood and demolishing the homes that are there that are left vacant and are just waiting and inviting crime, drugs, prostitution as Member Cirelli said. (APPLAUSE) And we’re going to do that and I know this Council’s will is to do that. We’re also going to help the workers. We’ve talked to trade union people, building trades in this COUNCIL PROCEEDINGS JOURNAL 97 JOURNAL PAGE -100- MINUTES OF THE MEETING OF MARCH 2, 2009 community, the Ironworkers unemployment is approaching 40%, 40%. Now that’s unacceptable, and we have Mayor and I know Mayor Healy is going to do everything he can but let’s be real here. We are in the 21st century. One person, no matter how dedicated, can not do it. We need, it seems to me, not only the Mayor of the City, we need our County Commissioners, we need our Trustees in this County, we need every single person that is in a position of authority and public service to start making the effort to get our people back to work. It is going, you know I said this two and a half years ago and you all remember it, what Winston Churchill said which is “When your going down the Niagara River and you can go through the curves and the streams, you don’t hear the falls, that doesn’t mean your not headed toward them.” And folks, we are headed for them. This stock market just went down 4.2% today. Today. In one day. So I am going to encourage the Mayor and I will do everything in our, obviously in my power to help the Mayor, but it’s going to take more than just the Mayor of one City in this County. We need a County wide effort to get the stimulus money in here and to start putting our people back to work and finally I want to compliment Member Carbenia and Member Kraus and Member Smuckler and others, and Member Hawk, and I don’t mean to not identify everyone, but there is a communication tonight that is going to go up and you’ll hear about it. You’ve heard about it, I’m sure the public will hear about it. On project job agreements and that’s important to put our people back to work. But those are only key steps. We all have the ability to come up with a lot more ideas here and we should be passing Ordinances that put people back to work. Our neighbors, as I say are hurting and it’s time for action and I compliment the Mayor and I just wanted to let the audience know and the press to know that this City Council is doing everything in it’s power to do that very thing. Thank you. Member Carbenia. (APPLAUSE) MEMBER CARBENIA: Mr. President. That was a great speech and I would like to just set one thing straight that the project labor management agreement is been signed by every Council Person here and that’s a great thing because we want to keep the work here in Canton. There will be an on slot but we can handle it. We’ve been at adversity before. At that, I move we adjourn. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It has been moved and seconded we 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 everybody. ADJOURNMENT TIME: 7:55 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 2, 2009 ROLL CALL: Eleven Council Mem bers Present, Mem ber Casar Absent INVOCATION: Joe Carbenia, W ard 9 Council Mem ber PLEDGE OF ALLEGIANCE: Led by President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#3 - O#9; O#10 Adopted as Am ended) PUBLIC HEARINGS: (None) PUBLIC SPEAKS (ORDINANCES OR RESOLUTIONS FOR ADOPTION ONLY): (None) INFORM AL RESOLUTIONS: ASSISTANT MAJORITY LEADER JOE CARBENIA: EXCUSING MEMBERS. (MEMBER CASAR) 16. PERSONNEL COMMITTEE: REQ CONFIRMATION OF RE-APPTS OF VIRGINIA JEFFRIES & LOVIE HAILEY TO FAIR EMPLOYMENT PRACTICES BD COMMENCING 3/1/09 - 2/1/11. - ADOPTED COM M UNICATIONS: 99. CARBENIA, J, ASST MAJ LDR & W ARD 9 CNCLMBR: REQ ORDINANCE PERMITTING USE OF PROJ LABOR AGRMTS & ESTABLISHING RESPONSIBLE CONTRACTOR STANDARDS ON CONSTRUCTION PROJ IN CITY. - COMMUNITY & ECONOMIC DEVELOPMENT & JUDICIARY COMMITTEES 100. COUNCIL CLERK TIMBERLAKE: REQ FORMAL RESOLUTION W ITHDRAW ING OBJECTION TO ISSUANCE OF D-5 LIQUOR PERMIT FOR ANGELA NEW MAN, W HISTLE STOP @ 1215 W EST TUSCARAW AS ST. - INTERGOVERNMENTAL & PUBLIC SERVICE COMMITTEE 101. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF D5 LIQ PERMIT FR: SAMMYS AT THE CANTON CLUB INC FLOORS 12 13 14 & 14 TH FL PATIO TO HCPD CANTON CLUB LLC FLRS 12 13 & 14 & 14 TH FL PATIO @ 101 MARKET AV S. - RECEIVED & FILED 102. LIQUOR CONTROL DIVISION (OHIO): NOTICE THAT HRG FOR CLUB 330 LLC @ 1775 CLEVELAND AVE SW SCHEDULED FOR 2/25/09 IS CANCELLED. - RECEIVED & FILED 103. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 9:00 AM RE: RENEW AL OF D-2-2X- 3 LIQ PERMIT FOR MARK & FRANCES MILLS DBA MARK’S TAVERN @ 1652 BRYAN AVENUE SW 1 ST FLOOR FRONT. - RECEIVED & FILED 104. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 10:00 AM RE: RENEW AL OF D-5 LIQ PERMIT FOR MARK & FRANCES MILLS DBA FRIENDLY KORNER TAVERN @ 1503 HARRISON AVENUE SW . - RECEIVED & FILED 105. LIQUOR CONTROL DIVISION (OHIO): NOTICE OF HRG ON 3/23/09 @ 11:00 AM RE: RENEW AL OF D-2- 2X-3 LIQ PERMIT FOR MARK & FRANCES MILLS DBA MILL INN @ 1537 HARRISON AVENUE SW . - RECEIVED & FILED 106. SAFETY DIRECTOR NESBITT: NOTIFYING THAT CITY & AND THE CPPA HAVE REACHED A 3 YR TENTATIVE AGMT. - PERSONNEL & FINANCE COMMITTEES 107. SERVICE DIRECTOR PRICE: AUTHORIZE PAYMENT OF $14,950.00 MORAL OB TO OSBORNE ENGINEERING (25 TH ST NE STORM SEW ER PROJ). - FINANCE COMMITTEE 108. SERVICE DIRECTOR PRICE: REQ AUTHORIZE SEW ER RATE INCREASE OF 6.25%. - ENVIRONMENTAL & PUBLIC UTILITIES & FINANCE COMMITTEES 109. STARK COUNTY COMMISSIONERS: RECEIPT OF PERTINENT DOCUMENTS REGARDING RM INVESTMENTS/METRO RTA ANNEXATION. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $7,350.30 TO BLACK, MCCUSKEY, SOUERS & ARBAUGH; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 2. AUTHORIZE SAF DIR TO MAKE APPLICATION FOR & ACCEPT A GRANT FR: DEPT OF JUSTICE TITLED “GANG PREVENTION COORDINATION & ASST PROG”; EMERGENCY Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#3 & O#9) 2 ND RDG 3. 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 (FIN & PS&T) CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 2, 2009 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 4. 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 (ANNEX) PUB HRG 3/9/09 @ 7:30 PM 2 ND RDG 5. VACATING A PORTION OF ENGLE PL SW ; EMERGENCY (PS&T) PUB HRG 3/9/09 @ 7:31 PM 2 ND RDG 6. 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 (C&ED & FIN) 2 ND RDG 7. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO LEASE AGMT W /STARK COUNTY EDUCATIONAL SERVICE CENTER; EMERGENCY (PPCI & FIN) 2 ND RDG 8. 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 (PPCI & FIN) 2 ND RDG 9. 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 (PPCI & FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: AM ENDED 29/2009 10. AMEND SECTION 515.05, FAIR HSING COMM AS CITY RESIDENTS ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M ARCH 9, 2009 in Council Caucus @ 6:30 P.M . 1) Finance Com m ittee 2) Personnel Com m ittee PUBLIC SPEAKS: (None) M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Appreciates the Mayor going to Colum bus to seek funding for so m any things needed in the com m unity and asking President Schulm an to attend with the Mayor on behalf of Council; President Schulm an re: Stating that he would be honored to do so if his schedule perm its; Mem ber Cirelli re: Asking Chief McKim m to com e forward to speak on the issues of prostitution and drugs on Rowland Avenue; Chief McKim m re: Advising that he has received com m unications from Mem ber Cirelli and has reviewed them and have put them on the patrol periodic checklist as well as providing them to the Vice Bureau for a longer term investigation. Also asking Mem ber Cirelli to forward him the nam e of the com plainants so that they can be contacted personally; Mem ber Cirelli re: Stating that she would be glad to get him the inform ation; Mem ber W est re: Encouraging the Adm inistration to look into getting cam eras for gang activity and neighborhood safety; President Schulm an re: Stating that our com m unity is hurting and people are being m ade to decide whether they will be taking m edicine or getting food. Stating that that is unacceptable for this com m unity. Com plim enting Mem bers of City Council because he knows in the background they are working hard to strengthen fam ilies, neighborhoods and put people back to work. Encouraging Mayor along with County Com m issioners, Trustees and everyone that is in a position of authority and public service to start m aking the effort to get the stim ulus m oney here to get our people back to work. Also com plim enting Mem ber Carbenia, Mem ber Kraus, Mem ber Sm uckler and Mem ber Hawk and others on project job agreem ents which is im portant to put our people back to work; Mem ber Carbenia re: Advising that the Project Labor Managem ent Agreem ent has been signed by every Council Person and that’s a great thing because we want to keep the work here in Canton. ADJOURNM ENT: 7:55 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 9, 2009 @ 7:30 PM

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