City Council

COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -726- MINUTES OF THE MEETING DECEMBER 5, 2011 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, TERRY PRATER, MARY CIRELLI, JOE COLE, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JIM GRIFFIN, CHRIS SMITH, PATRICK BARTON, MEMBER BUTTERWORTH & BRIAN HORNER) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. You can tell that we’re getting close to the holiday season and our party at the Desert Inn on Thursday. You’ve all invited by the way and tonight we’ll have our invocation given by Ward 1 Council Member, Greg Hawk. Will you please all remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on December 5, 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 Ward 1 Council Member Greg Hawk. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Hawk. 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 3 through 10. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A add 2nd Reading Ordinances 3 to 10 to this evening’s agenda. Are there any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Rule 22A is suspended and the Ordinances are a legal part of your agenda this evening. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Old Business. We have no Public Hearings tonight. OLD BUSINESS COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -727- MINUTES OF THE MEETING DECEMBER 5, 2011 PRESIDENT SCHULMAN: So turning to Old Business, I’ll turn it over to the Mayor’s Chief of Staff and our great Service Director, Warren Price. SERVICE DIRECTOR: Thank you Mr. President. There were a few items under Old Business. I’m not going to get into depth on each of these issues but Mr. Scaglione had brought some things to Council’s attention, putting a website where he’d, citizen’s would be able to address issues and get a return response. You know the city’s created it’s Complaint Tracking System. It’s the first time we’ve had any centralized complaint tracking really with the city’s history, at least from an electronic standpoint where you know, we’re able to access that. On the city’s website we’d certainly like to see that expanded. The Mayor’s talked for some time about even the 3-1-1 system in city government where all complaints would be tracked and you’d be able to follow those online. We’re not quite there yet financially or operationally, particularly financially but you know, we continue to make, try to make improvements to our complaint systems you know, the biggest of which has been the citywide complaint system, tracking system that has been getting pretty good usage and I think that it’s been a relative success but you know, we would like more access and we’ll continue to work towards that. 311 and 315 Broad Avenue NW need boarded up and I can’t remember what Mr. Williams told me this morning. Either they have been since that complaint or will be. There’s a warehouse that has bricks falling off the top of the building. I’ve look at that personally. I brought Angela out. It has been placed on the demo list. That’s a matter of priorities and funding but we went out and looked at that one and while I asked that it be added, she also showed me about a dozen other buildings throughout the city that were in a state of structural collapse. This is not in a state of structural collapse at least according to the Chief Building Official. The problems with the dumpster at the apartment at Tusc and Wertz which is down the street there, that I was made aware of this morning and I’m looking into that. The street sweeper in the area once a week, I’ve have not had a chance to talk to Kevin about that at this point but I will. I don’t think we get to many areas once a week and I don’t, I just don’t know if that’s possible given our resources but again, I’ll talk to Kevin Monroe about it. Two other items, one I don’t think there’s any follow up necessary and the concerns regarding the closings of the Fire Stations I did refer to the Safety Director so if you have any further follow up please contact him. Thank you. PRESIDENT SCHULMAN: Thank you very much Director. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have actually two speakers signed up but the second one has two speakers so we’ll figure out what we can do. Our first is Kathryn Ramsey. Ms. Ramsey if you’ll step forward, give us your name, your residential address and welcome. Happy Holidays and again just be, remember that we have a three minute... KATHRYN RAMSEY: Oh, OK. PRESIDENT SCHULMAN: ...time period. KATHRYN RAMSEY: Good evening everyone. Thank you. My name is Kathryn Ramsey and I live at 2322 16th Street NE in Canton. And believe it or not, I’m not here with a problem for myself, I’m here on behalf of a couple of neighbors. The gentleman here is one of the greatest neighbors we have. He doesn’t bother anyone. He helps anybody who needs help and we have a lot of undisciplined, unruly, unsupervised young people who roam the neighborhood causing disruption and tormenting him in particular. The police have been called. They’ve been out there a number of times. They’ve been to my house because I’ve called them on his behalf. It seems like COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -728- MINUTES OF THE MEETING DECEMBER 5, 2011 there’s just nothing that anybody can do and then we have another older gentleman who lives by Canton City Bakery. The other night someone tried to break in on him. I don’t know what the answer is. We have a lot of problems with Indiana Way. It, the Mayor’s been there with us, walked. The people have come out and said what’s going on. We’ve had the Weed and Seed Program dealing with problems there and it seems that someone knows who’s causing the problems on Indiana Way but evidently nobody’s coming forward with names and we need some help. We need, we need, I don’t know what we need, maybe cameras. We need more, I don’t know how we’re going to get more police patrols. The neighbors, we’re doing all we can do to watch but we need some help out there. Superior Avenue, Indiana Way in that general area. Thank you. PRESIDENT SCHULMAN: Thank you very much, as always. I’m sure our Safety, well did, I’m sure our Safety Director will look into that and he’ll be here again after the meeting tonight. Our second speaker or two speakers, Ed Sexton and Rex Robison and you’re both welcome to come on up. Good evening. Welcome to Canton City Council. EDGAR SEXTON: My name is Edgar Sexton. I’ve lived on 16th Street for 24 years. I have had no problems until the last 5 or 6 months. Children just seem to not want to leave me alone. They’re vandalizing my home, my cars. They’re aggravating me as much as they can seem to possibly do. I don’t know what you guys can do for me but I would appreciate if you would do something. They’re climbing on my garage. They’re shooting my windows out with b-b-guns, they don’t seem to leave me alone. The want attention constantly and they’re coming up on our windows and looking into our home and all. What can you do for me? They’re tearing my home up. They’re tearing my automobiles up. It’s costing money that I do not have and the police come out and they come out. They’re getting tired of being bothering theirself with all of this because this neighborhood is very bad now. It didn’t use to be that way. Everybody mind their own business. Everybody took care of theirself and there wasn’t no problems not until they starting renting them houses over on Indiana Way. Now them people come over and aggravate me and aggravate me, so I would appreciate it if you would do something before I have to. PRESIDENT SCHULMAN: OK, thank you sir, very much. Thank you. EDGAR SEXTON: Thank you. PRESIDENT SCHULMAN: Thank you. REX ROBISON: Rex Robison. Rex Robison, 1611 Superior Avenue. I just want to substantiate and verify what Eddie’s telling. I’m a neighbor. I live across the street from him. I’ve seen what these kids are doing to him. He does not deserve it. He does not bother anybody. He’s there if anybody needs help in the neighborhood, Eddie is there to help. These kids are vandalizing him. He has gone to the point of putting two cameras on his house to get one side of the street. One of the policeman suggested the other day that maybe the city could put a camera up on one of the poles facing the street side of his vehicle and perhaps be able to catch some of these kids because they are running rampant. One night last summer at 1:30 in the morning, there was 20 kids across the street from me on bicycles. Some of them were from 10 to probably 16 years old and if it hadn’t been for the fact that the bicycles were laying in the street and so forth, the cars couldn’t get through, one little boy would have gotten hit twice that night by a car. Now, if you people can help Eddie, we’d appreciate it as a neighborhood but also I’m concerned that Eddie at sometime might hurt some of these kids and he’s going to end up being the culprit. So if you can do anything to help Eddie, it would be greatly appreciated and I thank you for your time. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -729- MINUTES OF THE MEETING DECEMBER 5, 2011 PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Thank you all. We’ve heard you. I’m sure we’ll do the best we can. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have no Informal Resolutions this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to 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 DECEMBER 5, 2011. 406. AUDITOR MALLONN: MONTHLY RPT BY FUND 11/1/11 - 11/30/11. - RECEIVED & FILED 407. AUDITOR MALLONN: YEARLY RPT BY FUND 1/1/11 - 11/30/11. - RECEIVED & FILED 408. CLERK TIMBERLAKE: REQ LAW DEPT TO PREPARE RESOLUTION FOR 2012 LIQUOR PERMIT RENEWAL OBJECTIONS. - JUDICIARY COMMITTEE 409. LAW DIRECTOR MARTUCCIO: AUTHORIZE SERV DIR TO EXECUTE EASEMENT (1500 & 1530 SUPERIOR AVE NE). - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 410. LIQUOR CONTROL DIVISION: REQ NEW D1 D3 LIQ PERMIT FOR LENA PORTER DBA HOB NOB @ 1604 HARRISBURG RD NE. - RECEIVED & FILED 411. LIQUOR CONTROL DIVISION: REQ TRANSFER OF D5 LIQ PERMIT FROM EDWARD DOUGHERTY DBA ARENA TAVERN TO BOBBIE J MCCALL DBA BJ’S PUB & PATIO @ 2543 WINFIELD WAY NE. - RECEIVED & FILED 412. MAYOR HEALY: ADVISING THAT HE WILL SERVE ON BD OF DIRECTORS FOR THE JOINT ECONOMIC DEV DISTRICT W/JACKSON TOWNSHIP ON BEHALF OF CITY. - RECEIVED & FILED 413. MAYOR HEALY: ADVISING THAT DEREK GORDON WILL REPLACE ROBERT TORRES AS ALTERNATE ON THE CANTON CITY PLANNING COMMISSION. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Now under First Reading 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. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -730- MINUTES OF THE MEETING DECEMBER 5, 2011 Madame Clerk would you please read the First Reading Ordinances tonight by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1 AND #2 FOR THE FIRST TIME BY TITLE & ANNOUNCED THE COMMITTEE REFERRAL, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT/LOT SPLIT OF LOTS 8361, 14200-14205, 14312-17313, 29727, 34967, PARTS OF LOTS 17310, 17314- 17316, 34893 AND PART OF OUTLOT 295; AND DECLARING THE SAME TO BE AN EMERGENCY (STARK METRO HOUSING AUTHORITY) Referred to Public Safety & Thoroughfares Committee #2. (1ST RDG) A RESOLUTION OBJECTING TO THE RENEWAL OF ONE LIQUOR PERMIT LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (HALL MART INC DBA HALL FUEL MART @ 3325 HARMONT AVE NE) Referred to Judiciary Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning to Ordinances and Formal Resolutions for their Second Reading. Madame Clerk will you please begin with Ordinance 3. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #3 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #3. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02- 36699 ON MAPLE AVE NE FOR FERROUS PROCESSING & TRADING CO) #4. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02- 32612 ON TYLER AVE SE FOR LAURA WOODS) #5. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02- 15334 ON SANDAL PL NE FOR ROSA MCNAIR) COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -731- MINUTES OF THE MEETING DECEMBER 5, 2011 #6. (2ND RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY-OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02- 13182 ON WABASH CT NE FOR JANINE BURKE) #7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS AND APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (FOR CITY’S CONTINUED OPERATION) #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE STARK COUNTY PUBLIC DEFENDER COMMISSION FOR THE PROVISION OF LEGAL SERVICES TO INDIGENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE CHANGE ORDER #1 FOR THE 2011, CITY PAVING CONTRACT WITH CENTRAL ALLIED ENTERPRISES IN THE AMOUNT OF $578,243.30; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) ADOPTED AS ORDINANCE NO. 206/2011 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT MODIFICATION 3 W/J.R. COLEMAN COMMUNITY RENOVATION CORPORATION IN AN AMOUNT NOT TO EXCEED $213,709.00; AMENDING APPROPRIATION ORDINANCE NO. 245/2010; AND DECLARING THE SAME TO BE AN EMERGENCY (FROM INFRASTRUCTURE BOND FUND TO MAHONING RD CORRIDOR PROJ) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 10. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 10. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 10. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -732- MINUTES OF THE MEETING DECEMBER 5, 2011 MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 206/2011 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 10 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: And we now turn to Ordinances for their Third and Final Reading and vote. Would you please begin with Ordinance #11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #11 THROUGH #15 FOR THEIR THIRD AND FINAL READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 207/2011 AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A GOVERNMENT ELECTRIC AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO SECTION 4928.20 OF THE OHIO REVISED CODE FOR ELIGIBLE RESIDENTS, BUSINESSES AND OTHER ELECTRIC CONSUMERS IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 11. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11. Any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #11 ADOPTED AS ORDINANCE NO. 207/2011 PRESIDENT SCHULMAN: Ordinance 11 is adopted. Ordinance 12 please. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -733- MINUTES OF THE MEETING DECEMBER 5, 2011 #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 208/2011 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE DOMESTIC VIOLENCE PROJECT, INC. TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $50,000.00 FOR MISCELLANEOUS SHORT-TERM HOUSING SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 12. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12. Any remarks under this Ordinance? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS, 1 ABSTAIN CLERK TIMBERLAKE: Eleven yeas, one abstain Mr. President. #12 ADOPTED AS ORDINANCE NO. 208/2011 (MEMBER BUTTERWORTH ABSTAINED) PRESIDENT SCHULMAN: Ordinance #12 is adopted. Ordinance 13 please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 209/2011 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 245/2010, AND DECLARING THE SAME TO BE AN EMERGENCY ($44,000.00 POLICE SETTLEMENT FUND) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #13 ADOPTED AS ORDINANCE NO. 209/2011 COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -734- MINUTES OF THE MEETING DECEMBER 5, 2011 PRESIDENT SCHULMAN: Ordinance 13 is adopted. Ordinance 14 please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 210/2011 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A THREE-YEAR CONTRACT WITH ACLARA RF SYSTEMS INC. IN AN AMOUNT NOT TO EXCEED $616,000.00 FOR THE PURCHASE OF METER TRANSMITTING UNITS, TO ENTER INTO A ONE-YEAR SERVICE AGREEMENT IN THE AMOUNT OF $27,255.00 FOR SYSTEM AND SOFTWARE MAINTENANCE, AND TO ACCEPT FREE OF CHARGE $46,000.00 IN DATA COLLECTION UNIT UPGRADES AND 8 HANDHELD PROGRAMMING DEVICES; 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 14. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #14 ADOPTED AS ORDINANCE NO. 210/2011 PRESIDENT SCHULMAN: Ordinance 14 is adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 211/2011 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH PARK FARMS, INC. TO PROVIDE A COMMUNITY DEVELOPMENT BLOCK GRANT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR JOB CREATION; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks under this Ordinance? Hearing none Madame Clerk roll call vote please. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -735- MINUTES OF THE MEETING DECEMBER 5, 2011 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 211/2011 PRESIDENT SCHULMAN: Ordinance 15 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. Is there any? Member Hawk I’m sorry, we don’t have anything for you tonight. MEMBER HAWK: We’re about out of money. MEMBER SMITH: Mr. President. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, we are. Yes Member Smith. MEMBER SMITH: Public Safety and Thoroughfare will meet on Monday the 12th at 6:45. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet the same time, same place. PRESIDENT SCHULMAN: Great. Thank you very much. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Is there any? Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. I have several things here. One I would like to have Law Director Joe Martuccio and Warren Price because we have the good old Ohio Bell, whoever was trimming the trees and they used the, I’m going to spell it because I’m not good at pronouncing the word A-S-P-L-U-N-D-H Tree Expert. We’ve all seen their tree cutters everywhere and Mr. Price I remember when they, we were in your office and they assured us that these people were trained and what have you and am I correct or incorrect here, in trimming the trees properly. Is that right or not sir? SERVICE DIRECTOR PRICE: That’s my recollection, Mr. President. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -736- MINUTES OF THE MEETING DECEMBER 5, 2011 MEMBER CIRELLI: The reason I brought this in is I happened to see in the paper Sunday they were hiring all positions including bucket operators, groundsman, tree trimmers and climbers. Must have valid drivers license and ability to pass drug screen and it tells them where to apply and what have you. Now I seen nothing on there that says they are professional people and I think we need to back that up whenever we have some future complaints because they certainly are, you know are doing a disgraceful job on what they’re assaulting out of our trees. So I thought maybe it would be important if you had that and I’ll give you the ad that was in the paper. Secondly, this one here is to Mr. Ream, the Safety Director. I was listening to NPR and they had a program, it was like a week ago Friday or something and I caught part of it but fortunately God Bless the computers, I was able to contact someone that sent me the program, the auto, audio and then the actual story. It’s called “Predictable Policing” sir. It’s a policy that they’re starting to do across the country and it’s exactly, more or less what these people here were complaining tonight. They’re able to, the statistic tells you if your home has been broken into, there’s a chance that it will be broken into again. If your neighbor’s homes have been broken into, chances are they can predict that there’s going to be break-ins there again so it might be something sir and the gentlemen, the police officers use the computers and they call it “Cop on a Dot” and it might be something that would be appropriate that maybe we could look at and I will send it to you per computer and also to the Chief and see if it could be used in our, you know, maybe in the future to help predict, they can actually predict where crimes are and I know you’d appreciate that so I’ll see that you get that. And let’s see, I have one more thing about that NPR radio. By the way M. L. Schultzy probably rings a bell to some of us older people. They were talking about...God Bless Auditor Harold. I had contacted him several months back about the properties and we’ve all been concerned with all the properties deterioration and what have you. So, he was on that radio station as I was coming here tonight, speaking about some of the properties the Commissioners are finally going to look at this. They have 40 years back, they have not paid any taxes on and they’re finally working next year so I would hope that our Law Director will appoint somebody to look into that and from whatever departments that we have that are available. Mr. Williams, you know, from Community Development and what have you and jump on board with that because there’s a program with Summit County and they’re kinda co-joining together to try and take care of this situation because it’s happening everywhere, these vacant properties and abandon properties so I would hope we could move in on that and I’d have to throw my compliments and I’ll probably call him tomorrow and thank him for that. So I think that’s, oh and one more thing. Everybody saw that letter about the water running in North Canton. Can maybe someone address that, that “Why is Canton water running onto North Canton properties?” It was the, I think this was in today’s paper that the water system for Canton is starting more than a year and a half. The fire hydrants were located in Canton have been discharging water that happens to flow north onto my neighbor’s property and my property and was told last year this would be a temporary issue however, the water flow persists. They’re assuming and hoping this is a clean and treated water. I’m also assuming I’m witnessing a small portion of the discharge that is actually taking place. If I give that to you Warren will you look into it please? SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: Yea, I actually went to his house last year which is located, it’s a North Canton mailing address, it’s in Plain Township and regrettably when we flush hydrants in the northwest section of the city, there is a culvert that goes through Mr. Shaheen’s front yard and through on down past his neighbor’s yards and you know, what initially had happened was when we’re flushing during the day, the Water Department acknowledged a complaint and then started flushing at night, then he would wake up and you know, his culvert will have eroded and the problem is, we really have to flush the hydrant in that area. We had to do it when we COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -737- MINUTES OF THE MEETING DECEMBER 5, 2011 were, when we reactivated the Northwest Water Treatment Plant and I didn’t see this in the newspaper today. What concerns me about what you’re passing along from the editorial is that it would still be happening and I don’t have any explanation for that but that I will follow up on but we, he’s probably referring to me because I personally went to his house and we looked at it and I thought the situation was resolved but I’ll follow up on it. MEMBER CIRELLI: Thank you sir. Thank you Mr. President. PRESIDENT SCHULMAN: Thank you Member Cirelli. Some very good remarks tonight. Thank you. We appreciate it. Anybody else with Miscellaneous Business? MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Member Griffin. MEMBER GRIFFIN: I’d like to remember Members of, remind Members of Council and the audience that this coming Friday, December the 9th is Ex-Newsboys Paper Day. We’ll be out collecting at various banks, department stores, grocery stores, post offices, so that the children can receive coats and that. Our motto is that “No child shall miss school for the lack of clothing, shoes, boots, you know hat.” What ever they need, we get it for them. So, I’d appreciate it if you’d be generous and it’s one day a year. OK, if you need a paper later, let me know. Thank you. PRESIDENT SCHULMAN: Thank you Member Griffin. (APPLAUSE) Any other Miscellaneous Business? LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President, Members of Council, two things. Thank you for passing the Ordinance that allow an electric aggregation program to proceed. What happens now is a certified copy of the Ordinance will be sent to our consultant and the PUCO. They’ll take their necessary 30 days to review it and then it will go to AEP, notices will go to your constituents. Now that’s for what we call the opt-out program that the voters voted for on November 8th, if your constituents want to get involved earlier, they can call First Energy Solutions and get involved in what we call the endorsed opt-in program. They will automatically be included in the opt-out program which again, will take till spring to get rolling because it just takes that long. A second item about oaths. Those of you who are re-elected or new Members, Members Elect of Council, anyone can swear you before, well swear at you, (LAUGHTER) anyone can swear you in before New Years and when I say anyone, it’s a pretty strong list. Any attorney, any judge, it can be done privately, any County office holder who holds a territory larger than the city of Canton and that will temporarily get you your street cred until the New Year and if you want to, I can do it on moss. I can do an oath for all of you at our last Council Meeting to hold you over and then if you want to, all talk with Majority Leader Dougherty and President Schulman and Cindy about whether maybe in one of the early meetings of the New Year there might be a photo session or something after one of the oaths, depending on what you all want to do with it. But in the interim, in the interim again, any one of those folks can swear you in. It can be done privately, you don’t necessarily have to hold a Bible. You can take the oath with a lawyer, a judge, an office holder, a notary public and your good at the stroke of midnight and it you want to, I can do that at the last Council meeting of the year. Thank you. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -738- MINUTES OF THE MEETING DECEMBER 5, 2011 MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Thank you Law Director. Member West. MEMBER WEST: Yes this is for the Safety Director. Safety Director the concerns they brought up this evening in reference to the young kids bullying, if you will. I had an incident this week also from a constituent that called and I found myself really in unfamiliar territory cause normally I’d just go up to someone’s door and talk to the neighbor about the situation and see if I can mediate the situation and move forward, however as he said earlier, the kids were holding b-b-guns and one of the concerns I have now is when you go out to these houses, some of these people are carrying more than b-b-guns and being afraid of what’s actually in that home other than the b-b- gun or the child that’s unruly. Is there any strategies that we should take as Council Members and as the public in going out after and addressing these situations and maybe you know, maybe you don’t know but that’s something we might want to have to address. SAFETY DIRECTOR REAM: Mr. President. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Obviously if you view it as a dangerous situation, don’t put yourself exposed to that. I mean you see in the paper, our officers recover and make arrests with person after person carrying concealed weapons, etc. and so we have enforcement going on. This is the first month in about 6 or 7 months that we saw our UCR figures go down. It’s I believe a direct correlation to the number of beds being open out at the County Jail and I think that as we move forward and they open more space out there for bookings, we’ll see our numbers come down even more so, we’re aware of it. I advise all Council Members not to unduly expose yourself into a threatening type situation. That’s basically the best I can tell you at this point. If you have something you must go into or feel compelled to go into, feel free to call for a police cruiser to come out and assist. PRESIDENT SCHULMAN: Thank you very much Director. Any other Miscellaneous Business? Leader. MEMBER DOUGHERTY: Mr. President. I move we adjourn. MEMBER PRATER: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Roll call vote please Madame Clerk. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, twelve yeas. PRESIDENT SCHULMAN: The meeting is adjourned. Be careful everybody going home. We’ll look forward to seeing you next week. (Gavel falls) ADJOURNMENT TIME: 8:02 P.M. COUNCIL PROCEEDINGS JOURNAL 99 JOURNAL PAGE -739- MINUTES OF THE MEETING DECEMBER 5, 2011 ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT