City Council

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -437- MINUTES OF THE MEETING JULY 25, 2011 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council, we appreciate your attendance this evening and with a quorum present the Chair calls this meeting of Canton City Council to order. Madame Clerk, roll call vote please. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, BILL SMUCKLER, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MARK BUTTERWORTH & BRIAN HORNER) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER HAWK ABSENT) CLERK TIMBERLAKE: Eleven present Mr. President. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader I’ll recognize a motion to excuse Member Hawk from this evening’s meeting and just so the record is clear, Member Hawk is at a Weed and Seed conference out of town and I know he regrets not being here tonight but that is a good opportunity for our City, Leader. MEMBER DOUGHERTY: Mr. President, I move we excuse Member Hawk from tonight’s meeting. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Hawk from this evening’s meetings. Any remarks? Hearing none, 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 Member Hawk is excused from this evening’s meeting. Tonight we’ll have our invocation given by Council Member at Large Bill Smuckler. Would you all please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on July 25, 2011 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 at Large Bill Smuckler. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Smuckler. We’re now under Agenda Corrections and Changes, Leader Dougherty. MEMBER DOUGHERTY: Mr. President I move we suspend Rule 22A to add 2nd Reading Ordinances 8 through 16. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -438- MINUTES OF THE MEETING JULY 25, 2011 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to this evening’s Agenda. Are there any remarks? Hearing none, 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, Rule 22A is suspended and the Ordinances, 8 through 16, are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. I don’t know whether the Mayor’s Chief of Staff, Mr. Price has any Old Business but.... CHIEF OF STAFF PRICE: We don’t have any Old Business this evening, thank you. PRESIDENT SCHULMAN: Good, thank you. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re under Public Speaks now and we have five speakers scheduled to speak this evening. Our first speaker is Wayne Jamerson. Mr. Jamerson, good evening, I saw you out in the hall. It’s good to have you here, thank you sir. If you’ll...If you’ll give us, Mr. Jamerson, your name and your residential address please. WAYNE JAMERSON: My name is Wayne D. Jamerson, my address is 2410 14th Street NE, Canton, Ohio 44705-1930. PRESIDENT SCHULMAN: Thank you sir. And what would you like to address Council and the Mayor and the Administration over? WAYNE JAMERSON: Good evening to the Mayor, to all the Council People and to the President of Council. I have a...I’m going to talk about Ohio Cast, now outside Ohio Cast on 13th Street, they got weeds over there that’s six feet tall on the outside and what about the grass on the inside? Can y’all do anything about getting that grass cut because there is a whole lot of mosquitos every night, can’t sit on the porch because the mosquitos come out and bite you up. One day they might pick me up and fly away with me. (Laughter) But can ya’ll do anything about that grass over there? PRESIDENT SCHULMAN: Is that all you have to say? WAYNE JAMERSON: Also, I’m going to speak on that sprinkler park that ya’ll said that ya’ll gonna put in. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -439- MINUTES OF THE MEETING JULY 25, 2011 It would be kindly appreciated if ya’ll just come out and tell the people that ya’ll do not wish to build that thing instead of lead people on and keep telling them “We gonna put it in.” It’s been hot these last couple of weeks and these children don’t have nothing to go to to get wet unless they go in they bathtub. And I don’t think...I don’t think that’s right because you know you reap what you sow in it’s good to be truthful with the people instead of leading them on and on and on and on and you know deep in your heart that you don’t want to build that water..that sprinkler park for them children. We don’t have...in the southeast, we don’t have nothing. Stark Metropolitan Housing bought the Southeast Center, we don’t have a place to go, we don’t have no where. The baseball team bought the park that Chris used to have for a picnic every year, they bought that, you know the baseball team over there and ya’ll knew when that team came that they was gonna move cause they been doing it everywhere they go, they gonna leave Akron pretty soon cause they not happy and that’s all I have to say. PRESIDENT SCHULMAN: Great, well thank you very much Mr. Jamerson for coming down. Thank you again sir and I can tell you that the Mayor and his Administration can hear you loud and clear about the weeds and the pool and will certainly follow up on your recommendations, alright? Thank you sir. Our next speaker is Gary Oman, Mr. Oman if you’ll step forward and give us your name, your residential address and welcome to Canton City Council sir. GARY OMAN: Thank you. My name is Gary Oman and I live at 121 17th St NW, Apt 15, Canton, Ohio 44703. And I would like to thank you all for listening to me tonight. I have concerns about the drug problems at Ridgewood Castle Apartments. They...the biggest drugs problem that I’ve ever seen anywhere. They take maybe five seconds to do a background check to let you in there, then they’ll let anybody in. They then hire drug dealers and drug addicts to work there, give them keys to our Apartment so that they can go into them. I’ve had medication stolen out of my mailbox twice. I have a two year old grandson that was spending the night one night and at about 3 or 4:00 in the morning, a drug dealer come to my door and beat on it twice and scared my little grandson, he had nightmares for two weeks. We have a girl that lives below us come up to all the apartments one day last...or one morning last week at about 1:00 in the morning beating on everybody’s door with a crack pipe in her hand wanting somebody to take her back to her apartment cause she was lost and was scared. One of the people that work there said that they knew of 50 dealers that live in that complex alone and that’s not including the users, that’s just the dealers. You cannot even enjoy yourself outside because they sit in the gazebo there and do their drugs and this is from the owner to all of his staff and most of the individuals live there. There’s 18 apartments in my building, 6 of them may have people that do not use drugs or deal drugs, the rest of them are full of drug addicts or dealers. I’d seen one drug dealer, he comes up from East 17th Street and he’ll deal right out in the open, I’ve seen him hand crack cocaine to somebody right in the driveway and I even yelled at him, I said “Hey, you want to do that right out in the open” and he just looked at me. The next day, he came walking under our deck and was opening his bag getting out his crack to go around to the apartments and sell it. I seen him sitting on one of the decks of a different apartment with young children from 3 to maybe 8 years old. They come in and out all times of the day and night, the management will do nothing whatsoever because as I said, they’re users also. And, well I could go on and on but as I said we sit on our deck and we watch drug deals all day and all night. And also, I’d like to talk about the filth. Our apartments are infested with mice, the carpets outside in the hallway are urine filled from dogs, they will not clean, I have the Health Department coming tomorrow to do an inspection. I’ve tried to get into call Fair Housing but I cannot get no answer. I’ve left three messages and no one will call me back. PRESIDENT SCHULMAN: Mr. Oman, I don’t mean to interrupt but I’ve given you almost 4 minutes and we COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -440- MINUTES OF THE MEETING JULY 25, 2011 have a 3 minute limit.... GARY OMAN: That’s fine. PRESIDENT SCHULMAN: but I think we did speak on the phone and we appreciate you coming down. The Safety Director will be here after the meeting, I’m sure he’s interested in what you have to say, he’s very genuinely concerned and he will follow up on behalf of the Mayor. GARY OMAN: Thank you for letting me say my words. PRESIDENT SCHULMAN: Thank you sir for coming down, we appreciate. Our next speaker is Jason Scaglione. Good evening, welcome again, if you’ll give us your name and your residential address please. JASON SCAGLIONE: Good evening, Jason Scaglione, 3027 Glen Place NW. Here on a couple things today, we’ll probably have some Old Business next week and hopefully these will get followed up on. One is the flooding, I know a lot of people were affected but we’re seeing it every time we have a hard rain now. It seemed like it got better and now it’s getting...getting bad again. I have an email that I’m just going to read part of it. It says “I don’t believe the lack of inlets is a problem, I previously studied this area and found that there are 25 acres of runoffs that drain to this intersection of Glen Place and Fawcett Court......” Twenty five acres. “.....the existing twenty four inch storm sewer and eighteen inch storm sewer under Fawcett do not collectively have the capacity to handle the amount of water that gets to this intersection. As a result, when the system exceeds capacity, the intersection floods. Only a project that would provide larger storm sewers along Fawcett will help this problem. Unfortunately funding and prioritization then becomes a question.” These people over there are tired of hearing that when they’re getting water out of their basement, they’re wanting to know if you guys want to help them clean up after these...these hard rains. Another issue at 123 Fawcett, there’s a garage there that has no doors on it, I’ve had to call the police out because there’s kids in there smoking marijuana. Thankfully the kids were honest and said “Yes, I was doing it.” They all got taken home and talked to their parents. I asked to see if we could get that garage boarded up, as there is an Ordinance that says that if you have a garage, you have to have a door on it. I have not seen that done yet, I’d like to see that done. I will give the Building Department credit, two houses up, they did put a note on the door that they need to fix their roof and some other issues on that property and nothings been done there and it’s been over a month and the notes still hanging there. So, you know I’d also like to see what we can do with those issues and I’d also like to know, I know that the Police Department has some wonderful motorcycles they bought, I’m kind of a fan of motorcycles, I wonder why we haven’t seen them. I saw one, one time this year so I know we still do have them, just wondering what the lease payment on those are costing us since we’re not even running them. I’d also like to know how long, I told you, we’ll have some Old Business next week... PRESIDENT SCHULMAN: You know I turned off my timer too Jason, so... JASON SCAGLIONE: Thank goodness, I appreciate that. The EMS is becoming quite (inaudible) I can’t believe that we can’t pay one..one...one person to be on overtime to keep a station open. I know I’ve had to take a trip to the hospital before and for half a block to the hospital, it mays as well be half a block, I could walk there in about 30 seconds, it cost me over $500.00. I know these people don’t make that much. We’re COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -441- MINUTES OF THE MEETING JULY 25, 2011 sending out a fire truck to aid people, a private ambulance is coming in behind them and collecting the money for it. We wonder why we’re going broke, it’s pretty obvious to me, it’s becoming more obvious to others. I’d like some answers. Thank you. PRESIDENT SCHULMAN: Thank you very much. Thank you very much, appreciate you always being here and coming down and giving us your views. Our next speaker is Robert Nichols. Mr. Nichols, good evening, if you’ll step forward sir and give us your name and residential address and welcome to Canton City Council. ROBERT NICHOLS: I’m Robert Nichols, live at 310 Reno Court NW, 44708. On Section 8 housing. I’ve owned my house for 39 years and we had a real nice neighborhood and they brought this Section 8 housing in and totally destroyed our neighborhood. It’s starting to look like the northeast end, it’s just out of hand and we’re going to take our neighborhood back with or without your help. I got pictures, I got a statement here from Section 8 house that moved in there one month ago and there supposed to inspect these houses. I got a paper here written on both sides from one house that’s wrong with that house. The guy walks in the house, walks out and okays it. We ain’t gonna stand for it, we’ve had enough of it, I’ll show you the pictures of the Section 8 houses and it is just out of hand. We got some other issues up there but I want to get this straightened up first. PRESIDENT SCHULMAN: Anything else sir? ROBERT NICHOLS: That’s it, I’ll show them the pictures. PRESIDENT SCHULMAN: Very good, thank you for coming down, we appreciate it. Our next speaker is Bruce Brewer. Mr. Brewer, good evening, if you’ll step forward and give us your name and residential address. BRUCE BREWER: Good evening, my name is Bruce Brewer, I live at 1520 Harvard Avenue NW in Canton. I kind of want to back Gary up from Ridgewood Castle Apartments. I am the president of Vassar Park Neighborhood Association, some of you know me, some of you I hope I’ll get to know you. We have had so much traffic in our neighborhood, again we have 560 homes. Logan Avenue is like the freeway of drugs up and down. The organization has been to Ridgewood trying to get with management, the guy just stands us up every time we try to go there, he doesn’t want to have anything to do with us. We’re pretty determined in what we’re going to do, you know there’s a lot of things that can be done. We have lighting put up thanks to Mary Cirelli helping us with that. We do have a very strong organization. The drugs in that building are a terrible thing and that directly affects us in our neighborhood. We have cars broke into, down spouts tore off of homes, it’s getting to be where the neighbors want something done with the help of Council, the Police Department or anybody else that we can use. We make phone calls, we don’t get any calls back for ten days from the Police Department, you know we do have a crime guy that takes of trying to organize things that we can do to try to...you know, communications. We do have a mass emailing that we put out so the neighbors are connected. We do have a lot of problems, now we have people coming from Ridgewood under the threat of them being thrown out or whatever their going to do through tearing up their contracts. We do have information on apartments that drug runners are in, the dog problem, they open up their doors and let their dogs go out and crap in the yards and take them right back inside. It’s lawless there, we try and...like I said, we’ve tried to get with the owner as a group, as an organization, he has stood us up four times, he does not COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -442- MINUTES OF THE MEETING JULY 25, 2011 take our calls... PRESIDENT SCHULMAN: Who is the owner? What’s his name? Do you know it offhand? BRUCE BREWER: Ken....it’s A-t-t-i-t-o-i-o I believe. PRESIDENT SCHULMAN: Alright. BRUCE BREWER: Yes, he lives in the apartment buildings on 19th, 104, he will not talk to us. Originally we tried to go in and be good neighbors, how can we help you out, how can you help us out? We have made 22 calls to the Police Department about parking on 17th Street, he could help us out with that. We have stones there, people move the stones and park there anyway. Police Officers have been very good to us, they’ve ticketed people that is actually pulled off on the property just because they can, just to try to help us out. We are not going away ladies and gentlemen, we are not going away. We have people there who work very hard everyday, every week, every month. We’re going to get something done with that building (inaudible) poor people who live under these conditions and it directly affects us as neighbors. Thank you very much. PRESIDENT SCHULMAN: Thank you. Thank you very much sir and we appreciate that and as I told Mr. Oman, the Safety Director will be here after the meeting, he’ll be happy to talk to you. I know you indicated the police have responded as much as they can, we appreciate that but what you’re saying is not acceptable and I know that Director will take action. And thank you and keep up your good public service. And you too Mr. Oman and thank all the speakers this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Madame Clerk, would you please read Resolution 22 by title. #22. WEST, THOMAS, WARD 2 CNCL MBR: REQ TO RELOCATE ALL ITEMS FROM THE ZOO/LAY AREA IN NIMISILLA PARK FOR RECREATIONAL PURPOSES.- ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 22. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Resolution 22. Councilman West, would you like to comment on this? MEMBER WEST: Yes I would. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Back in September, September 25, 2007, I sent a communication to the Park Board COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -443- MINUTES OF THE MEETING JULY 25, 2011 requesting a new...for them to find a new lay area. Since that time of 2007, the Administration has offered some new..new land for the new lay area. My request is just to be able to expand our recreational use in Nimisilla Park where the old zoo used to be, I think everybody is familiar with that. And we would like to do more activities there and I think it’s warranted. So this time we’re asking the Park Board to move this pretty quickly so that we can start our process. Myself along with the Nimisilla Park Committee have been trying to get this done for quite sometime and we want them to move quickly. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Any other remarks? All those in favor of Resolution 22, signify by saying aye, those opposed no. NO REMARKS RESOLUTION #22 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the Resolution carries and good luck Member West. COMMUNICATIONS PRESIDENT SCHULMAN: We’re 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 JULY 25, 2011. 256. CNCL-AS-A-WHOLE: AMEND O#245/2010 FOR SUPP APPROP & APPROP TRANSFERS LISTED IN EXHIBIT A. - FINANCE COMMITTEE 257. ECONOMIC DEV DIRECTOR TORRES: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W/CANTON REGIONAL CHAMBER OF COMMERCE TO PROVIDE GRANT UTILIZING CDBG GRANT FUNDS IN AMT NOT TO EXCEED $175,000.00 FOR COMPREHENSIVE ECONOMIC AND DOWNTOWN DEVELOPMENT PROG FROM 1/1/11 - 12/31/11. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 258. HEALTH BENEFITS ADMIN MCBRIDE: MONTHLY COMPARATIVE RPT - INSURANCE CLAIMS FOR JUNE 2011. - RECEIVED & FILED 259. HEALTH COMMISSIONERS ADAMS: REP APPROP OF $158,000.00 FROM 2323 PERSONAL RESPONSIBILITY EDUCATION PROG TO 2323 PERSONAL RESPONSIBILITY EDUCATION PROG - PERSONNEL OF $85,692.33 AND 2323 PERSONAL RESPONSIBILITY EDUCATION PROG - OTHER OF $72,307.67. - FINANCE COMMITTEE 260. LIQUOR CONTROL DIVISION (OHIO): REQ NEW D1 D3 LIQ PERMIT FOR DONALD E CHARNETZKY @ 1757 CLEVELAND AVE SW & PATIO. - RECEIVED & FILED 261. MAYOR WILLIAM HEALY: REQ AMENDMENT TO O#100/2011 FOR ADJUSTMENTS OF EXHIBITS A AND B FOR 8 POSITIONS. - PERSONNEL & FINANCE COMMITTEES 262. PLANNING COMMISSION: PROPOSED AMENDMENT TO CITY’S ZONING ORDINANCE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -444- MINUTES OF THE MEETING JULY 25, 2011 INSTITUTING REVISIONS TO FLOOD PLAIN ORDINANCE (SECTION 1132). - JUDICIARY COMMITTEE 263. SAFETY DIRECTOR REAM: AUTHORIZE SAF DIR TO ACCEPT FUNDS FOR EMS GRANT- PRIORITY 1 (TRAINING & EQUIPMENT) AWARDED TO CANTON FIRE DEPT FROM OHIO EMS BOARD IN AMT OF $3,000.00. - FINANCE COMMITTEE 264. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT FOR PURCHASE OF 3 ACRE TRACT ADJACENT TO MALLONN PARK; ESTABLISH FAIR MARKET VALUE OF $11,300.00; ESTABLISH PURCHASE PRICE W/MINERAL RIGHTS OF $11,300.00; ENTER INTO AGMT FOR PURCHASE W/OWNER, DOROTHY E VEIRS; AUTHORIZE MAYOR AND/OR SERV DIR TO RECV FUND IN AMT OF $12,062.00 FROM CLEAN OHIO CONSERVATION FUND; RESERVE PARCEL FOR PURPOSES INCLUDING PRESERVATION OF WATER, FORESTRY & OTHER NATURAL RESOURCES AS WELL AS PASSIVE RECREATIONAL & EDUCATION ACTIVITIES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 265. SERVICE DIRECTOR PRICE: AUTHORIZE MAYOR AND/OR SERV DIR TO ESTABLISH FAIR MARKET VALUE OF PROP IN CONJUNCTION W/NAVARRE RD SIGNAL SYSTEM PROJ, G.P. 1127, PID 76007, FOR STANDARD HIGHWAY & TEMPORARY EASEMENTS; AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE W/PROP OWNERS AND PROCURE SAID EASEMENTS; AUTHORIZE MAYOR AND/OR SERV DIR TO MAKE MINISTERIAL CHANGES TO CORRECT PROP OWNERS NAMES, PARCEL NUMBERS & NUMERICAL DESCRIPTIVE OR TYPOGRAPHICAL ERRORS SHOULD THEY OCCUR. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 266. SERVICE DIRECTOR PRICE: AUTHORIZE AUDITOR TO PAY STANLEY MILLER CONSTRUCTION IN AMT NOT TO EXCEED $94,594.50 AND BURGESS & NIPLE IN AMT NOT TO EXCEED $34,000.00 FOR REPLACEMENT OF WATER MAIN ON 55TH ST BRIDGE WITH SUPP APPROP PASSED IN O#109/2011. - FINANCE COMMITTEE 267. SERVICE DIRECTOR PRICE: REQ APPRVL OF WATER MAIN EXTENSION TO 1600-30TH ST NE TO SERVICE FOUR LOTS; PROP OWNER (MANJIT KAUR OF CANTON FUEL) WILL BE RESPONSIBLE FOR LABOR & MATERIALS WITH CANTON WATER DEPT INSPECTING INSTALLATION REQUIREMENTS; AFTER 1 YR PERIOD, WATER MAIN WILL BECOME CITY OWNED PROP BUT REVENUES BEGIN IMMEDIATELY UPON CONNECTION. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 268. SERVICE DIRECTOR PRICE: REQ AMEND O#62/2011 PROF AGMT W/M-E COMPANIES AUTHORIZING THEM TO CONDUCT ALL NECESSARY ASPECTS OF EASEMENTS WORK NOT TO EXCEED $95,560.00; AUTHORIZE SUPP APPROP FROM 5201 WATER FUND $1,779,953.70 TO 5201 207026 HARTVILLE/LAKE TOWNSHIP WATER MAIN EXT - 75812 OTHER CONTRACTORS OF $1,684,393.70 AND 70507 ENGINEERING OF $95,560.00. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -445- MINUTES OF THE MEETING JULY 25, 2011 269. SISTERS OF CHARITY FOUNDATION OF CANTON: 2010 ANNUAL REPORT. - RECEIVED & FILED 270. SMUCKLER, BILL, CNCL-AT-LRG: AMEND CHAP 749 OF CANTON’S CODIFIED ORDINANCES REGARDING FEES FOR ITINERANT RETAILERS WITHIN THE SID. - JUDICIARY COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re 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 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: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH YOUNG MEN’S CHRISTIAN ASSOCIATION (YMCA) TO PROVIDE A GRANT UTILIZING COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN AN AMOUNT NOT TO EXCEED $40,000.00 FOR THE OVERALL MANAGEMENT AND SUPERVISION OF THE FACILITY AND PROGRAM AT THE EDWARD “PEEL” COLEMAN CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 YOUTH DEVELOPMENT - SUMMER EMPLOYMENT - PERSONNEL) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 COMMUNITY DEVELOPMENT - DEMOLITION - OTHER, BOARD UPS, TITLE SEARCHES, ETC.) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($30,000.00 COMMUNITY DEVELOPMENT - PERSONNEL) Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH GOODWILL INDUSTRIES OF GREATER CLEVELAND AND EAST CENTRAL OHIO, INC. TO PROVIDE AN ECONOMIC DEVELOPMENT GRANT UTILIZING COMMUNITY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -446- MINUTES OF THE MEETING JULY 25, 2011 DEVELOPMENT BLOCK GRANT (CDBG) FUNDS IN AN AMOUNT NOT TO EXCEED $50,000.00 FOR THE COMMUNITY CAMPUS PROJECT PHASE III FOR THE PURPOSE OF EXPANDING THE CANTON COMMUNITY CLINIC; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee (COUNCIL RECESSED AT 7:56 PM FOR THE COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #6; RECONVENED AT 7:57 PM) #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 118/2011 AN ORDINANCE DECLARING 14 BUILDINGS TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee PRESIDENT SCHULMAN: With regard to Ordinance 6, the Chair at this time would declare and in house recess for the Community and Economic Development Committee to meet in regard to Ordinance #6. You’re now in recess. PRESIDENT SCHULMAN: Council then will reconvene after its recess. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to place Ordinance 6 back on the agenda. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinance 6 back on this evening’s agenda. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Ordinance #6 is therefore a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule on Ordinance 6. MEMBER PRATER: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance 6. Are there any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -447- MINUTES OF THE MEETING JULY 25, 2011 CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: The motion carries, Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 6. MEMBER CIRELLI: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 6. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #6 ADOPTED AS ORDINANCE NO. 118/2011 PRESIDENT SCHULMAN: Motion carries and Ordinance #6 has been adopted. We’re now under Ordinance 7 please. #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY ($406,000.00 WATER FUND; $9,100.00 SEWER FUND; $10,600.00 SANITATION FUND) Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Madame Clerk will you please begin with Ordinance #8. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #8 THROUGH #16 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOWN (PART OF LOT 14345 ON 7TH ST NE) #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT DONATION OF REAL PROPERTY FROM BISHOP OF DIOCESE OF YOUNGSTOWN (PART OF LOT 6289 ON 7TH ST NE) #10. (2ND RDG) AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL ELECTRICITY AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO OHIO REVISED CODE SECTION 4928.20; DIRECTING THE STARK COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -448- MINUTES OF THE MEETING JULY 25, 2011 #11. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (634 WALKER CT NE - RICHARD RODRIQUES) PUB HRG 8/8/11 @ 7:30 PM #12. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (3745 KIRBY AVE NE - LAVERNE DALE) PUB HRG 8/8/11 @ 7:31 PM #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A THREE-YEAR PROFESSIONAL SERVICES CONTRACT WITH WARWICK COMMUNICATIONS, INC. IN AN AMOUNT NOT TO EXCEED $37,020.00 FOR ONGOING SUPPORT AND MAINTENANCE OF THE CITY- WIDE TOSHIBA TELEPHONE SYSTEM; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2012; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONSULTANT CONTRACT WITH W.E. QUICKSALL AND ASSOCIATES, INC. FOR THE ORCHARD VIEW/ARGYLE- ARGYLE/HEDGEROSE INTERSECTION IMPROVEMENT PROJECT, G.P. 1110; AMENDING APPROPRIATION ORDINANCE NO 245/2010; AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO COOPERATIVE AGREEMENTS WITH OTHER PROJECT STAKEHOLDERS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rule for Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance #16. Any remarks? Hearing none, Madame Clerk roll call vote please. CLERK TIMBERLAKE: Can I read it first? PRESIDENT SCHULMAN: Yes. Oh, I’m sorry. #16. (2ND RDG) ADOPTED AS ORDINANCE NO. 119/2011 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A JOINT ECONOMIC DEVELOPMENT COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -449- MINUTES OF THE MEETING JULY 25, 2011 DISTRICT CONTRACT WITH JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Thank you. CLERK TIMBERLAKE: I’m sorry. PRESIDENT SCHULMAN: No, that’s okay. (Laughter) Leader I think we...I’m sorry, I thought 16 had been read but now it has been so. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: I move we suspend the Statutory Rule for Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: Thank you, sorry about that. It’s been moved to suspend the Statutory Rule for Ordinance 16. Any remarks? Hearing none, 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. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 16. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #16. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 119/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Third and Final Reading and vote. Would you please begin with Ordinance 17. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -450- MINUTES OF THE MEETING JULY 25, 2011 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #17 THROUGH #21 FOR THE THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #17. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 120/2011 AN ORDINANCE DECLARING THE WEEK OF JULY 25 - JULY 29, 2011 TO BE AMNESTY WEEK FOR ANY PERSON WITH UNPAID PARKING TICKETS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 17. Are there any remarks under this Ordinance? MEMBER DOUGHERTY: Mr. President. I move we amend Ordinance 17 per the copy that all Council Members have in front of them. MEMBER PRATER: Seconded. Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 17 by amending the dates in the caption and Section 1 to read August 22 - August 25, 2011. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 17 by virtue of the copy before each Member of Council. Could we have the Amendment summarized Law Director? JASON REESE: With respect to this, we’re asking to amend the dates in Caption 1 to August 22nd to August 25, 2011 to give more time for the collections. PRESIDENT SCHULMAN: Very good. Any other remarks? By voice vote then, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The motion carries, the Ordinance is amended. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17 as amended. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17 as amended. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -451- MINUTES OF THE MEETING JULY 25, 2011 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #17 ADOPTED AS AMENDED AS ORDINANCE NO. 120/2011 PRESIDENT SCHULMAN: Ordinance 17 as amended is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 121/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A FIRE DEPARTMENT TRAINING AND EQUIPMENT GRANT IN AN AMOUNT NOT TO EXCEED $3,250.00; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 121/2011 PRESIDENT SCHULMAN: Ordinance 18 is adopted. Ordinance 19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 122/2011 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $6,650.00 TO SOUTHWAY FENCE COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 122/2011 COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -452- MINUTES OF THE MEETING JULY 25, 2011 PRESIDENT SCHULMAN: Ordinance 19 is adopted. Ordinance 20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 123/2011 AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (PROBATIONARY POLICE OFFICERS) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks under this Ordinance? MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: Two weeks ago in Committee Meetings, I stated this and I want to reiterate this. There’s always been an issue of the number of Police Officers in this community but over the years, I’ve talked to several of the higher up officers who have suggested when we raised this salary to $28,000.00 a year that, that would help hire better qualified people in the Police Department. I still contend that and I still contend that lowering the salary, you may not get what you want and as a business owner in this community who has to vie for personnel sometimes, I always want to make sure I’m paying for what I get. I think lowering the salary to 26,000 plus dollars a year would not attract the kind of personnel we want in our Police Department and I think that at this point in time, I understand the restrictions on money but I also understand hiring the best qualified people in our Police Department. And I will not support this Ordinance passing this evening for that reason alone. PRESIDENT SCHULMAN: Thank you Member Smuckler. Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Yeah, could we get the Safety Director to explain this first year’s thing please, again. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: With the recently adopted Collective Bargaining Agreement with the Police Officers, failure to drop the starting salary would actually give a cadet, newly hired Police Officer more money than a second year Police Officer. We’re trying to correct that with passage of this Ordinance. And I certainly COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -453- MINUTES OF THE MEETING JULY 25, 2011 understand Member Smuckler’s feelings and opinions in this regard. However, with the current job market out there, I personally feel and the Chief concurs that we will draw and be able to higher qualified applicants even at the lower entry rate. Thank you. MEMBER DOUGHERTY: Safety... Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: The first year though, they’re going through training, correct? SAFETY DIRECTOR REAM: Yes, they’re probationary the entire first year, going through various levels and steps in the training process, that’s correct. MEMBER DOUGHERTY: And then they become an officer who can go out in the street in a cruiser and then get paid what? SAFETY DIRECTOR REAM: Well, the way it stands right now they would drop in pay that second year and that’s what we’re trying to correct. MEMBER DOUGHERTY: Right, so now if we pass this they’ll go to what that second year? SAFETY DIRECTOR REAM: Approximately $34,000.00. MEMBER DOUGHERTY: Thank you. PRESIDENT SCHULMAN: Thank you Leader. Member Cirelli. MEMBER CIRELLI: Mr. Safety Director Ream, as you call them cadets or cadets or what have you. They do go into the cars, do they not within the first year? SAFETY DIRECTOR REAM: Yes they do but they are very highly supervised at that stage. Many times with partners and field training officers. MEMBER CIRELLI: Mr. President and Mr. Ream, I kind of have a hard problem with this too, the amount of money that we’re hiring people on and I’m always one for watching the money. But I think we want to get the best people that we can for the positions and I’m afraid some people will go to other places because I’ve been doing some online searching and seeing what they are paying, you know newly hired and what have you. You probably know that too that it’s a lot more unfortunately than what we’re hiring. And with conscience I guess I can’t really go along with it. I know where you’re coming from but I think all our officers, we need to readdress that whole issue of the pay scale. SAFETY DIRECTOR REAM: I understand and I guess we can respectfully disagree at this point on that. Thank you for your feelings. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -454- MINUTES OF THE MEETING JULY 25, 2011 MEMBER DOUGHERTY: How many...the last time how many did you have on the waiting list to become officers? SAFETY DIRECTOR REAM: We did absolutely no hiring off the last list, I believe there were 125 in that approximate vicinity. MEMBER DOUGHERTY: Thank you. PRESIDENT SCHULMAN: Thank you Leader. Any other remarks? Member Smuckler. MEMBER SMUCKLER: Mr. President, I will also take the opportunity to remind everybody that we didn’t do this with the Fire Department. It didn’t pass, same instance, same way and I can tell you this, if I put a box out now requesting drivers at Canton Hotel and Restaurant Supply, I will get more than 125 responses back but there’s also a different quality in what we’re trying to use for drivers at Canton Hotel and Restaurant Supply versing the kind of people that we want to be carrying a gun on our street ultimately and I think the word here is ultimately and who we’re attracting. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? Okay, hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 2 NAYS (MEMBERS CIRELLI AND SMUCKLER VOTED NAY) CLERK TIMBERLAKE: Nine yeas, two nays Mr. President. #20 ADOPTED AS ORDINANCE NO. 123/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 20 is adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 124/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR SUPPORT CONTRACT WITH THE JAMES GROUP IN AN AMOUNT NOT TO EXCEED $38,022.22 FOR ONGOING SUPPORT AND MAINTENANCE OF THE CITY’S ORACLE SOFTWARE LICENSES PURSUANT TO O.R.C. SECTION 125.04; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 21. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 124/2011 COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -455- MINUTES OF THE MEETING JULY 25, 2011 PRESIDENT SCHULMAN: Ordinance 21 is adopted. Thank you Madame Clerk, thank you Members for your comments. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We are now under Announcement of Committee Meetings. MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler, I usually hear my good friend Member Hawk but I’ll take you. MEMBER SMUCKLER: Community and Economic Development will meet at 6:15 in two weeks, what’s the..... PRESIDENT SCHULMAN: August 8th. MEMBER SMUCKLER: August 8th, on Monday night at 6:15. PRESIDENT SCHULMAN: Thank you Member Smuckler. MEMBER PRATER: Mr. President. PRESIDENT SCHULMAN: Member Prater. MEMBER PRATER: Since I can’t do this like Member Hawk, (Laughter) I will just say Finance Committee will meet August 8th at 6:15. PRESIDENT SCHULMAN: Thank you very much. Any other....none? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We are now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Question to the Service Director, and I also sent this....I know the Law Director is on vacation so maybe, is it Jason Reese? Yeah maybe can answer this. I’ve been noticing and other people called my attention to the fact that there are some of these oversized dumpsters that people are having put in front of the homes and...like they’re tearing down or construction work or what have you but some of them have been there for months and months and months. Is there...and my question, what I sent to the Law Director before he left is asking him if we have an Ordinance that states there has to be time element involved, that they have to be moved by such and so time. You follow what I’m saying? They can only be there 30 days or something like that, I haven’t got an answer back from him. And possibly, should we have something like that because some of them I’ve seen for several months just sitting in front of places. PRESIDENT SCHULMAN: Mr. Reese. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -456- MINUTES OF THE MEETING JULY 25, 2011 JASON REESE: I can look in....with respect to that, off the top of my head I’m sorry, I can look into it and let you know this week what the current Canton City Ordinances are on that and then if you are interested...if we don’t have one and you are interested in putting one together, I’ll be more than happy to help you do that as well. MEMBER CIRELLI: Mr. President and Mr. Reese. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I appreciate that very much. And Mr. President, I have another question that would probably go also to Mr. Reese and he might now and I sent it up to the Law Director today through Jane Carman, the Natural Gas Aggregation, I would take it...and the reason I’m bringing this up is because I’m getting phone calls now from gas companies and I don’t like the way...when it comes down to it, it’s not those actually the gas companies, they’re telephone solicitors working to sell me like..the one called and says “Well, you have been getting Egress.....” or whatever it was ....”gas and now we’re going to give you a rate at 6.40.” And I no longer had Integress is what it was...I no longer...I switched to our Verizon...or no not Verizon, you know the one I’m trying to think of the City Aggregation we had, it starts with a V... CLERK TIMBERLAKE: Vectron. MEMBER CIRELLI: Vectron...Vectron Source, thank you. And I don’t appreciate, you know, first whenever he called, he was going to do me a favor and...we’re going lock you in at 6.40, well I knew right away, I thought maybe there’s something wrong here so “I said you wait until I get my phone bill,” because he was eager to get me to say yes, let’s do this. And so...not my phone bill, my gas bill...so I got it and I showed him, I said “I haven’t been with your company since 2008.” Now, how do they have a right to call when I’m also on the do not call list? PRESIDENT SCHULMAN: Law Director Reese, do you have any comments on that? MEMBER CIRELLI: And I.... (LAUGHTER) JASON REESE: Now that’s a tough question, I would assume since we’re in a cooperative gas aggregate that that’s probably one of the reasons that they can contact you. Now I’m...unfortunately I don’t know off the top of my head about the do not call list. I can...what we’ll do since you kicked that up to Mrs. Carman...the office, I can touch base with her and you know, put Tom Burns on it and we can get you an answer the best as possible. MEMBER CIRELLI: Well Mr. President, I was more concerned with where is the gas aggregation issue at, do you have any awareness of that? Because that’s who does it is the Law Director. PRESIDENT SCHULMAN: Mr. Reese. JASON REESE: You are correct, I’m going to have to defer to Mr. Martuccio when he returns. MEMBER CIRELLI: Okay, thank you. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -457- MINUTES OF THE MEETING JULY 25, 2011 PRESIDENT SCHULMAN: Any other remarks? I have just a...I want to make one statement briefly I promise. You know, we’re all honored and privileged to serve the City and its citizens and there has been recent attention drawn to one of our Police Officers regarding this carrying a concealed weapon that drew many out of town emails. I have been, as a lawyer, on both sides of police issues. I’ve represented true victims of police abuse and I have defended Police Officers against unwarranted charges challenging their behavior. I don’t intend to make any comments tonight about this particular incident or this particular Police Officer or the person that was stopped. But I did want to make a comment reflecting the out of town emails that we have all received from people who do not live in this community, do not know our police, do not know the firefighters, do not know our public servants, our employees, know nothing about the City of Canton but because a video went viral on the internet, there excoriating the City of Canton out of this particular incident. And they’re excoriating our police force, it’s conduct and our City. I take very strong exception to what I’ve read, what I’ve heard from out of towners making comments about our City. This is in my judgment a symptom of disarming...literally the arming of our population with handguns and the flooding of handguns into our communities. These laws that allow our citizens to carry a concealed weapon at a university, in a school, in a bar where liquor is served, in automobiles, in the worst part of our neighborhoods where there’s high crime, drugs, prostitution and somebody is packing a Ruger at 1:30 in the morning. That’s not acceptable in our society and I told one caller who called me from Phoenix, Arizona yesterday who complained about our police in this particular incident, I said to him “Do you want to know something my friend, you can blame our City but you’re next because as long as these laws permit people to carry weapons under the worst of circumstances and in the worst situations, there is...there are deaths waiting to happen, either Police Officers or citizens who think by arming themselves, they’re somehow safe.” So my only remarks tonight are designed to those out of town people who are complaining about our Police Department in our City. Believe me, if you allow the kind of carrying concealed weapons laws that are in existence in Ohio and they’re all over the United States, you’re going to have the same problems over and over again and deaths will result. Finally, just for those people who are going to say that I am against guns, I am not against weapons, I am not against handguns, I am not against people that hunt with weapons but we all should believe in common sense reasonable gun control laws that don’t allow this kind of thing to happen at 1:30 in the morning in a crime ridden neighborhood with prostitution and drugs when we sit every week and listen to our citizens step forward saying “We want to be protected.” Well, we are being protected and I know the Police Department and the Safety Director and the Mayor will investigate this thoroughly and that’s one of the benefits of having a video that allows our citizens some transparency as to what happens in these stops. But these laws are completely insane. Leader. MEMBER DOUGHERTY: I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Thank you folks, be safe. (Gavel falls) ADJOURNMENT TIME: 8:23 P.M. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -458- MINUTES OF THE MEETING JULY 25, 2011 ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT