City Council

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -101- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Good evening....Jeeze, I’ve only been gone a week. Good evening ladies and gentlemen. Welcome to Canton City Council. Before we begin the meeting tonight...there he is...I know that Director Ream would like to introduce our new Chief of Police, Bruce Lawver and obviously from my standpoint, I wish the Chief the of good luck and good fortune and safety for you and your police officers, you do a remarkably great job for our citizens, we’re very lucky to have you. But, Director Ream. SERVICE DIRECTOR REAM: Yes to Members of Council and our audience here, it gives me great pleasure to introduce our new Chief. The Chief and I go back some ways within the Department, we had four real good candidates that qualified to test for the position and Bruce topped them. I don’t know how else to describe him, he was a step ahead in our testing process and it bore out, I think, the best candidate for the position. All that being said, he now assumes one of the toughest positions in Local Government. Being the Police Chief and all the responsibilities that, that brings with it to a community could be overwhelming but when you have a candidate that’s readied himself and made himself..or prepared himself to take on those kind of challenges as I believe that the Chief has done, I look for a pretty smooth transition from Chief McKimm to Chief Lawver now and I wanted to have him come tonight so that you all could meet him both individually and collectively and I would like for him to give a couple comments to the Council. (APPLAUSE) PRESIDENT SCHULMAN: Leader Dougherty, before you begin Chief... MEMBER DOUGHERTY: Thank you Mr. President. I just want to make it clear that Chief Lawver got his first security/police job at Aultman Hospital Security. I hired him so I apparently saw something special there. (Laughter) So congratulations, you did a great job for us, you’re doing a great job in the City. My support is there for you always so if you got any problems with any of these guys, give me a call. (Laughter) (Applause) PRESIDENT SCHULMAN: Chief. CHIEF LAWVER: And as my first boss of security, he still scares me a little bit. (Laughter) But it’s an honor to be here and I thank you very much and I thank Council for everything in which you do. I’ve been very impressed throughout my career with everything that City Council has accomplished and everything in which you do do. The Safety Director is right, there are some great challenges ahead of us and I’m going to give everything I have and I hope to work well and I’m sure we will, with City Council and the community. And again, thank you all I’m very honored to be here. (APPLAUSE) PRESIDENT SCHULMAN: Thank you Chief. And secondly, you know we lost a great star yesterday in horizons, just a fabulous singer and a wonderful person whose career sadly ended way too soon. So let’s have a moment of silence for Whitney Houston. (MOMENT OF SILENCE FOR WHITNEY HOUSTON) PRESIDENT SCHULMAN: Thank you. With a quorum being present, the Chair does call this meeting of Canton City Council to order. Roll call vote please Madame Clerk. And Chief by the way, we tell everybody, COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -102- MINUTES OF THE MEETING FEBRUARY 13, 2012 you don’t have to sit through the meeting just because you’re the Chief, if you want to leave you’re more than...and that goes for everyone else after Public Speaks, just leave quietly, not you Chief. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, PATRICK BARTON, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, KEVIN FISHER, EDMOND MACK & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight’s invocation will be given by Council Member-at-Large, Joe Cole. If you’ll all please remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on February 13, 2012 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 at Large, Joe Cole. The Pledge of Allegiance led by President Allen Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Cole. We’re now under Agenda Corrections and Changes and Members of Council, you’re being asked to suspend Rule 22A. Leader. MEMBER DOUGHERTY: Mr. President I move we suspend Rule 22A to add 2nd Reading Ordinances 5 through 11. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 5 through 11 to this evening’s Agenda. 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, the motion carries and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We have none scheduled. OLD BUSINESS PRESIDENT SCHULMAN: We are now under Old Business. I don’t know if you have any Director, I wasn’t COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -103- MINUTES OF THE MEETING FEBRUARY 13, 2012 here last week but I’ll turn it over to Director Price. SERVICE DIRECTOR PRICE: Thank you Mr. President. Just two items, we’ve heard from a number of folks regarding animal control in the City and you know, really it’s in Council’s hands at this point, I know we extended the contract for a temporary period and I think Members of Council continue to work with folks concerned about how we handle our animal control in Canton. James Parker did speak regarding flags in Central Plaza and I know we’re talking about that but you know, one of the issues for us is cost. I mean, we try to keep...we try to keep flags up in the plaza to show, you know, an activity downtown and to beautify that area but, you know, we’ve been talking, I’ve been talking with our Building Maintenance Superintendent and some of the flags that we did have flying were, you know, are in rough shape and we acknowledge that but, you know, we’re going to get...we’re going to work on getting some of those replaced and you know, naturally we like to put flags up that are relevant to events going on, you know, Hall of Fame or you know, various times through the year and certainly, you know, football will continue to be a theme that we want to (inaudible). Thank you. PRESIDENT SCHULMAN: Thank you Director. That concludes whatever that was, Old Business, something like that. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now moving to Public Speaks and again I wasn’t here last week but I was here the week before and for the first time that I recall I actually missed a speaker and I wanted to publically apologize. That was my fault and I called Mary McManaway and left a message and apologized profusely. I want you to know we really do appreciate you folks coming down, taking your time to come down and discuss the issues that you believe are important and we appreciate that. We do however have a three minute limit, we’ll try not to bang you over the head with the gavel at the end of three minutes but if you could wrap it up, we would appreciate it. In addition, I know a number of people have concerns about the feral cat issue and the animal control, all I’d ask is that you listen to the people that come before you and just try not to repeat what they say. We...we’ve heard from a number of people on this subject and I know it’s near and dear to you’re heart, as I said, I have six cats in my life and I love cats but if you could just keep the point...ah keep new points, we would appreciate it. So with that said, I’m not going to go out of turn because I made a big mistake the last time. Let’s start with Steven Silver please. Mr. Silver if you’ll step forward, good evening, if you’ll give us your name and your residential address and welcome. STEVEN SILVER: Good evening, Steven Silver, 2007 Kirk Court NW, Canton, Ohio. I spoke last week Mr. President about the...using alternatives to...methods to handle stray and feral cats with the City’s animal control policy. I realize that City Council has now retained the services of the Animal Control Officer for another 90 day period so they can study information presented to them. I would like to know if City Council has begun studying that information. During this past week, I’ve learned by Lou Christwell’s, the Director of the Humane Society, his comments in the Repository and the number last week that I learned of feral cats that were collected by the Animal Control Officer in Canton that approximately 365 or 366 feral cats or stray cats were euthanized as a result of the City of Canton’s Animal Control policy last year, that’s a staggering number to me. The Stark County’s Humane Society’s policy of euthanasia is not the answer that I asked the City of Canton to align itself with. I do not believe stray or feral cats should be euthanized just because they are stray or feral. I don’t believe any other dome...non domesticated animals that the Animal Control Officer traps should be euthanized either. During this past week, I contacted the Humane Society of the United States, I COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -104- MINUTES OF THE MEETING FEBRUARY 13, 2012 wanted to ask them about the TNR program because I don’t know enough about it. Not only did they tell me about it and conversed with me through email, they told me to my surprise that they have sent every Member of Council, including the Mayor a letter telling them about the TNR program and the fine points that it makes comparatively against the trap and remove program which causes euthanasia. Should anyone on Council that may or not have received that letter or misplaced it, have copies and I would be more than happy to give you copies, plus the presentation that they sent me from the Humane Society of the United States. I was told that Councilman Barton was the Chair of the Committee looking into the situation. What I read in the Repository about this issue was that City Council would ask people that have come to the meetings to speak about the TNR program and advocate for the animal’s rights to be a part of these meetings. I hope that this has occurred. This is my second Council Meeting advocating against the killing of animals and I have yet to be invited. Should the Mayor or City Council again not have their letter or any of the other information from the Humane Society of the United States, I would be happy on behalf of them to supply that to you. All I’m asking is that the City not align itself with a program that euthanizes defenseless animals. We need to coexist with animal life, they have as much right to live as you and I, we are better than that, we are better than that. Should you or any of you request the information I eluded to, please feel free to ask. Some of the people sitting up here know who I am but for those of you who don’t, if you want to get a hold of me I work right here in this building. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Silver very much. Our next speaker is LaTosha Abercrombie. I hope I’ve pronounced your name correctly. Good evening, welcome to Canton City Council. If you’ll give us ma’am you’re name and your residential address please. LATOSHA ABERCROMBIE: My name is LaTosha Abercrombie, I live at 2301 15th Street NE, Canton, Ohio. PRESIDENT SCHULMAN: Good evening. LATOSHA ABERCROMBIE: Good evening. My issue tonight that I have is with the way the City handles their business and I’m talking about the City Schools with the bullying issue. Everyone...if anyone seen the paper Tuesday, me and my daughters made the front page. I put in calls, I followed the code of conduct, there’s a protocol you need to follow. I spoke to the school, I called the Board of Education, left messages with everyone, I called Mayor...Mayor Healy’s office, I left a message for you and my call wasn’t returned. I called the Repository, my daughter’s were being bullied tremendously to where my daughter’s hair started falling out and the thing that makes me upset is I don’t know if they don’t feel that bullying is a serious issue or if it’s going on or it’s ignored or if you just don’t care about it but I care about it and not just only my children but other people’s children as well. The fact that it...I was not returned a call upsets me, you know because I’m a taxpayer and I’m a voter and I’m a citizen and my children are going to be that as well. In the article Tuesday, Ms. Stokes had said that my daughter, my youngest daughter Dayree never reported the incidents and my daughter reported because I called and I reported and I went up to the school and I talked to her principal and I’ve called him 12 times and he never called me back until I had to literally threaten him. And she told a lie and to me that upset me because she told that lie to cover her butt when the fact was what needed to be done was done. I’m an educated woman and I take care of my children, I teach my girls to be ladies, to be women, to carry themselves as that at all times and I teach my men...my sons to be men and one which is leaving going to college on a full scholarship. So, I would like for City Council and whoever to COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -105- MINUTES OF THE MEETING FEBRUARY 13, 2012 really take this bullying issue serious because we always say the children are our future. You guys are not going to be sitting there forever, it’s going to be ki...our kids are the ones whose going to be the next leaders. We have some turning to gangs, we have some turning to drugs, we have some dropping out of school, we have some just plan giving up. So anything that we come up with right now, it..it really isn’t going to matter in the future if we’re not dealing with the issues our children have now. I...I...I’m really serious about this, I’ve worked with youths, I was a Youth Coordinator and I was a Group Home Director and a lot of the responses that I have gotten for the youth...from the youth is that they don’t care so why should I care. So I would please, I urge you to care more about our youth, about more of what’s going on in the schools and we vote, I vote for who I vote for because I believe in you. I believe in you, I believe that everything you say that you’re going to do is the truth. So the people that we put in the schools or we put, wherever we put these people, they should be people who should be truthful and honest and the fact that she lied, I said what is that teaching our ki...children? It’s teaching them that it’s okay to lie to cover your butt or is it just better to just be a woman and say hey I made a mistake. Okay, so that’s all I have to say. PRESIDENT SCHULMAN: Thank you very much. And Ms. Abercrombie, we appreciate you coming down and sharing that with us. I...we’ve had a number of students for example when the coach was fired come down and also discuss that with us and...and we do appreciate it. All I can tell you is City Council and the Administration don’t run the School District. So, I think in some sense and I hear ya loud and clear about bullying, it’s a very serious suicidal problem, it might be better for you to also talk to the School Board at a public meeting like this one. Okay, great, good. Well thank you for coming, we appreciate it and we hope your daughters get along a lot better. Our next speaker is Deborah Bartlett. Ms. Bartlett, good evening, if you’ll step forward and give us your name and your residential address and welcome. DEBORAH BARTLETT: Thank you. My name is Deborah Bartlett, I’m an organizer for OhioGunOrders...GunOwners.org. My address is 2407 Woodline Avenue SW, North Lawrence. I’m here this evening to speak on behalf of the gun owners of the City of Canton. They have two concerns, one of the concerns is with the legislation that the City is trying to pass to have a hotline to turn criminals in that are found carrying guns in public places. Their concern and what..what..what their concern is, is that this will give neighbors turning against neighbors, having no peace in the neighborhoods, innocent citizens possibly being harmed. In the Repository we found Councilman Hawk agree to the statement “I’m not a fan of gun buy back programs.” I agree, they do not work. However, we don’t believe that this will work either. Canton has proven to bring down the crime rate 19.5%. The ann...the regular crime rate of 65 per 1,000 residents, violent crime at 8.93% per 1,000 residents. We believe that this should be left in the hands of the Police Officers of the City. Our main concern is that the legislation will cause further harassment to those who are legal gun owners and for those who carry a CHL or choose to open carry. When..when we see this legislation, we are reminded in the case involving Mr. Bartlett and the horrors that he endured being a CHL holder. We feel that this legislation will give more opportunity for these actions to continue in the City of Canton, legally. With the case of Mr. Bartlett, so many times we had asked for dismissal. However, those cries were dismissed and the case went forward. It was an outrage to those who take their Constitutional Right, the Right to Bear Arms seriously. During those times, we also heard from Councilman Schulman, who stated on a radio AM broadcast “Believe me, if you allow the kind of carry concealed weapon laws that are existed in Ohio and that are all over the United States, you’re going to have the same problems over and over again and deaths will result.” He further stated that “We all should believe in common sense, reasonable gun control laws that don’t allow this kind of thing to happen at 1:30 AM in the morning in a crime ridden neighborhood with prostitution COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -106- MINUTES OF THE MEETING FEBRUARY 13, 2012 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. He concluded his statement by saying “These laws are insane.” As believers in our Second Amendment Rights, we believe that the City of Canton is perjuring their (inaudible) to disarm citizens regardless of their cri...regardless if they are criminals or non criminals to bring gun control laws by using the citizens to do the job that we pay our law enforcement to do. We’ve reinforced that belief by what took place with Mr. Bartlett, with the comments of Councilman Schulman believing that the right to self protection is insane and finally that Mayor Healy on Bloomberg list of anti-gun Mayors. Anyone can say that they are all for guns, however by the actions they take, such as this legislation, by the words that they speak, we citizens beg to differ. Before I conclude, I want to share a story briefly. A month and a half ago my door was being kicked in, the young man that I believed...that kicked it in was arrested for cocaine, he has a warrant out for his arrest. At that time he was under the age of 18 and in possession of a handgun, a 25 caliber. When I made the report to the Stark County Sheriff’s Office, I told the Sheriff all about this young man having a warrant and so forth. Today this man is still walking around with that handgun. I did that without being paid $100.00. So, if nothings going to be done with 100...I don’t feel that anything will be done being paid $100.00 to turn in your neighbor. Thank you. PRESIDENT SCHULMAN: Thank you very much Ms. Bartlett. And I’d also like to tell the speakers, you know, we’re here afterwards if you want to discuss this, I’ll be happy to discuss it with you. Our next speaker is Richard Drake. Mr. Drake good evening, welcome to Canton City Council. If you’ll give us your name and your residential address. RICHARD DRAKE: Good evening, my name is Richard Drake. I’m an ISA Certified Arborist. I live at 3020 Sycamore Avenue, SE in Canton. I guess I will be the one to put my final thoughts on our City’s trees. People, they’re in very bad condition, if something isn’t done soon someone is going to get hurt or worse. Trees like people have life cycles and without the proper care they will get sick, diseased and die. Our trees are at risk to put us in mortal danger and action needs to start now to address these issues. We need to take...excuse me...we need to take down and re...we need to take down a replacement policy to put back to our urban forest in our City. It takes a lifetime to grow a large tree that serves the City and the environment the necessary benefits everything needs. We need to fit our renewal species in the right site and location so they can grow to their genetic potential and thrive. Most of the City trees are of old age and are dead or dying from neglect and abuse from the hackers and whackers. We need to bring Arbor Day back and into our schools to help provide green spaces and assistance to help the kids and adults plant new trees every year and help them understand why trees matter. We are after all the (inaudible) of our next generation. Thank you very much. PRESIDENT SCHULMAN: Thank you Mr. Drake, appreciate it. Our next speaker is Dana Ray. Ms. Ray, good evening, if you’ll step forward and give us your name and your residential address please. Good evening. DANA RAY: Good evening. My name is Dana Ray and I live at 1891 Nichols Rd in Akron, Ohio and I’ve been doing a little bit of research about the feral cats of course. And I was quite surprised to find that the same organization that is putting all of these feral cats down for Canton is really the advocate of the TNR program. The Humane Society of the United States believes that the TNR program is the most viable, long term approach available to reduce the feral cat population but without the supportive pieces in place such as public education, outreach, adoption resources, dedicated colony caretakers and cooperation among various interest groups will there be a formula for success. During this education process, people will learn that once a cat has been altered all of the different things like screaming and marking its territory, these behaviors will COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -107- MINUTES OF THE MEETING FEBRUARY 13, 2012 disappear. The HSUS recognizes that there are real challenges to reducing the number of feral cats currently living in the streets and this statement is meant to encourage all members of the community, citizens, Veterinarians, animal shelters, wildlife advocates, policy makers, public Health Departments and businesses to work together toward a goal of non lethal approaches of feral cat management. For those that worry about the children thinking that killing animals is now going to be okay if you continue on this road. It’s up to each parent to instill in their child that no matter what, killing is not okay. The young adults have already utilized the methods of smashing and trunking. Smashing is when a girl will take her spiked heal and drown it, it goes straight into a kitten or cats head. And trunking is when they take animals, throw them into the trunk of their car and bet on whose going to come out alive. We heard last week that Mr. Sedlacko is on tape for abusing an animal, actively...actually viewed by at least one of the Council Members, maybe more but for some reason there are Council Members that stand behind him and I have to wonder why. I have heard from workers at the Stark County Humane Society that some of these feral cats are being put down with heart sticks instead of the humane euthanasia. And a heart sticking is when they take a syringe and they try to put it into the heart muscle, if they miss it’s going to hit the lung, it will fill with fluid and the cat will either be left to die until it finally dies on its own or they will continue to try to stick it again. Now, can you imagine the pain and agony that this poor thing is going through while it’s waiting to die? I have to ask why a Council that is smart enough to help run the City would put up with such an inhumane ritual and someone that has a track record for abusing animals? Thank you. PRESIDENT SCHULMAN: Thank you very much ma’am, appreciate it. Our next speaker is Pete DiGiacomo, Mr. DiGiacomo, good evening. I know you’ve been here before, if you’ll give us your name and your residential address though and welcome. PETE DIGIACOMO: Thank you very much, my name is Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio. I don’t live in another City, I live here in Canton. I’ve sat here and listened to two different Council Meetings and with all the people that are affectionate to cats. My thing is going to be with the feral cats, I don’t know how many people here in Council has had any dealings with a feral cat. If you have one dealing, you’ll remember it. Feral cats are not pets, they’re not pets. If you’ve ever watched the T.V. show, Animal Cops, it’s on...it’s on cable, they will go into a house where a horder has a dozen cats, twenty cats, forty cats, even they’re in there with a person, these cats are feral, there’s nothing you’re going to do with them. Possibly a little kitten, you may rehabilitate, a full grown cat, you’re not going to rehabilitate, it’s a wild cat. You can spayed it, you can neuter it, that’s fine, it’s not going to reproduce, it’s not going to mark its territory, it’s still a feral cat. The other thing is, these cats, whose going to pay the damage that they do? I had a neighbor, a cat was on its...on her car, left scratches in the paint. She talked to the owners of the cat, they don’t want to hear it, didn’t want to do nothing about it. We’ve had cat prints on our car also. Luckily, no damage was done. The other thing is, even if they don’t mark their territory, they still have to urinate and their going to leave their feces in different places. About seven years ago I bought really nice tulip bulbs, not the kind you get at Walmart, I sent away for them, top notch. Planted them in the fall, came up in the spring, looked great. Part way through the spring and all through the summer, I had cats digging, digging them up. I went in, tried to work with them, get them back in after they urinated on them, left their feces in there, you know the things that look like little cigars, not nice that you got to dig that stuff out. The other thing I’ve noticed a lot of people have talked about the person that is in charge of the Dog Warden thing, I...it doesn’t matter who is in charge, Canton has what they do and these folks want to come in and tell us how to do the job, maybe they have good ideas, maybe they don’t have good ideas. I know I don’t want cats, feral cats running around my neighborhood destroying stuff. One other real quick thing, tonight you’re going to vote on legislation #16, third and final. I’m also a gun owner, I fully support...you got to get the guns out of the hands of the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -108- MINUTES OF THE MEETING FEBRUARY 13, 2012 criminals, they’re not going to give them to you, they’re not going to say “Hey, here’s my...you know I’m a felon, here’s my handgun, come and arrest me.” You got to do...you got to do something and this is about one way of addressing it. I’m not worried that they’re going to come knocking on my door, I’m not a felon. Do I have firearms, yes and I imagine quite a few people in here do but we’re not felons, that’s the big difference. Thank you very much. PRESIDENT SCHULMAN: Thank you Mr. DiGiacomo. Our next speaker is Kathryn Ramsey. Ms. Ramsey, good evening, if you’ll step forward and give us your name and your residential address. KATHRYN RAMSEY: My name is Kathryn Ramsey and I live at 2322 16th Street NE in Canton. I have a couple of subjects here. The first one is response to the cats and I said “After listening to Public Speaks last week, I feel like an old cat crying in the wilderness.” I still love cats and I still feel cats are being used by humans, taken in while cute and cuddly but abandoned when they tire of them and left to be abused and neglected. So, my opinion on cats has not changed at all and I thank you for keeping Mr. Sedlacko on temporarily as the Animal Control Officer because I have had to call him a number of times and I have been so satisfied with his handling and he was very gentle and I appreciated him. Switching gears, being an old hospital employee, I don’t know how else to put this, the City of Canton is having abdominal surgery performed. The surgeons are the copper and the scrap metal thieves who are operating at will. The houses which are being desegrated are broken into by thieves who work undercover of night and have free reign to sell their plundered goods with no interference from anyone once they reach the scrap metal yards with their bounty. I live in an area which has seen a large number of thefts and on Friday, I watched as my neighbor from the Crystal Park Neighborhood Association called me to inform me that a man was ripping out my neighbor’s fence along the alley. Acting upon the training we received from our Crime Watch Program, I called the police. In the meantime, I found out that my neighbor was in the hospital and this was her son who had just been released from a Court ordered drug rehab facility. So, I called her in the hospital, she was very upset, she called her daughter and grandson who came immediately. They knew to go to the nearby scrap dealer and they recovered the fence. The grandson came over and thanked me. The police said they could do nothing because he lives there even though he was stealing from his hospitalized mother. This acceptance by the scrap yards of material from any thief who can transport their bounty to the scrap dealers must be stopped. I thought we had some kind of law on the books to prevent these very things from happening. What has gone wrong that you can break into anyone’s house and steal every line of plumbing and it’s open season on houses? Thank you. PRESIDENT SCHULMAN: Thank you Ms. Ramsey. Thank you very much. Our next speaker is Karen Kirsch, if you’ll step forward and give us your name and your residential address please and welcome to Canton City Council. KAREN KIRSCH: Hi I’m Karen Kirsch, 9994 Byers Road, Louisville. I continue question why the City is even involved for paying for wild life nuisance control but given that it is, I urge Council to consider alternative programs that are more affective and humane then the current previously unquestioned catch and kill policy. Options that are being used in other Cities have proven to be economical and successful. As one example, the City of Dublin, Ohio has contracted Ohio Wildlife Solutions for the past seven years. This organization conducts detailed inspections of a complainants property and evaluates the environmental, ecological and wildlife impact in that particular situation. They counsel the property owner on the biology and habits of the wildlife and then advise on preventive and exclusionary options. In residence, wildlife is removed but not killed or relocated. Injured or sick wildlife is taken to a rehab facility, such a program could COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -109- MINUTES OF THE MEETING FEBRUARY 13, 2012 work here. It would not only deal with the animals but could provide employment. There are several other resources like the National Urban Wildlife Management Association which has existed since 1992 and has 58 licensed affiliates in Ohio. This would be another source for putting together a program for Canton. I would also suggest that Council consult with Officer Vicky Davis in Massillon with 27 years experience, she’s an exceptional model of affective animal control including wildlife and she stated that she’d be happy to share how she deals with the issues we’re discussing here and to provide Council with resources. I don’t believe that requesting the City’s investigation into more human alternatives is unreasonable. The 27,000 currently being spent could go a long way toward a progressive plan. Just like the feral cat issue, many wildlife problems can be solved through education. Society fears what it doesn’t know or understand and it kills what it fears. I see this as an opportunity for Canton to move toward an enlightened animal control policy rather than clinging to the current bounty hunter mentality. Killing isn’t the answer to everything. Thank you. PRESIDENT SCHULMAN: Thank you very much. Thank you Ms. Kirsch. Our next speaker is Mr. Charles Killins. Mr. Killins, good evening, welcome, thank you for the carnations. CHARLES KILLINS: My name is Charles Killins, I live at 1223 Market Avenue, North, Canton, Ohio. I’ve been there sometime because City Department and Official wronged me, sent me letters regarding...information regarding my property. I look around the City and I still see houses that are as bad, worse shape than mine. They tore mine down without due process. I talked to Mr. Martuccio regarding the law in relations to this and why do they permit these departments to violate the postal code in relation to sending false documents certified letter individuals that are untrue. And also to the new Councilman, you haven’t been here long enough to hear some of the acts that goes on in the City regarding City Officials. Mr. Mayor, like I told you, the Safety Director, did you get my letter to the Chief of Police? In addition to this, Mr. Law Director, I’ve contacted the Federal Postal Commission in regards to this. Here is a copy of what I got back and I would like you to have it and the other members of Council to read it cause the departments violate many constitutional and civil rights in this here regarding it’s in...voters here in the City of Canton. And Mr. Martuccio, I believe you should have a program of enlightment for the public in relation to things that happen. And then I told you I tried to call the police department, I looked in the telephone book and I found that it was the wrong number and was wondering if you can have the Police Department publish their correct number in the newspaper so people will know the correct number to call rather than have to call 9-1-1. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Killins, very much. Our last speaker is James Parker. Mr. Parker good evening. JAMES PARKER: Good evening. PRESIDENT SCHULMAN: Welcome to Canton City Council, you’re no stranger, if you’ll give us your name and your residential address please. JAMES PARKER: James Parker, 630 Penny Street, SE, City of North Canton. PRESIDENT SCHULMAN: And you did get on last tonight, you know? JAMES PARKER: Congratulations to Chief Lawver. Best wishes to his term as Chief of Police for the City of Canton. In preface, I would like to spirit my words with those of President William McKinley inscribed for COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -110- MINUTES OF THE MEETING FEBRUARY 13, 2012 prosperity sake in the top rotunda of his monument her. It goes something like this “Let us ever remember that our greatest victories are in those of peace not war and that our real eminence lies in that of concord not conflict.” The American dream in the essence of one America is not home ownership or income equality but equality under the law. Plato is quoted as having said “Who will guard the guardians?” and while Plato is my friend, truth is still more a friend to me. The question does come into context however concerning the Public Speaks portion of last week’s City Council Meeting. Specifically that after more than four consecutive appearances to speak publically, I was not permitted to speak lastly, a violation of rules of order as I requested. Also, the sham timing of speakers had begun arbitrarily and did not allow for three minutes of speech. In addition, there was not any time allowed for potential questions and answers. That by Council’s rules could have lasted up to three minutes more. To address my grievances, I only ask that Council Leader Dougherty and each of you as Council Members forgive any untoward outbursts in my attempt to preserve my equal protection rights. I know wish to exercise my right of non contention. For he that proves too much proves nothing. It is not my intent to strive to improve recognition of brand Canton and with that in mind, I have a question, does our City have a slogan? The Pro Football Hall of Fame City is a title not a slogan if you ask me, one that was bantered around by Mr. Torres was made in Canton and blazoned on a football and on the top portion, the Hall of Fame Building and on the portion...anyway....attack....sorry....it was kind of boring. Pick up any manufactured item and find a ubiquitous made in somewhere on it. I propose two slogans and a contest to see who can top either one, “Touchdown Canton”, okay, “Canton Rushing for Yards.” Perhaps a contest judged by business and marketing professors for a City slogan could lift the visibility and determination of Canton to improve market ability to industry and tourism alike. Thank you for your consideration. Are there any questions? PRESIDENT SCHULMAN: No, good idea, thank you Mr. Parker very much. JAMES PARKER: My pleasure. PRESIDENT SCHULMAN: Thank you. Okay, that concludes Public Speaks, I want to thank all our speakers tonight even those that came from out of town, we appreciate it. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We now move to Informal Resolutions. We’re now under Informal Resolutions. Madame Clerk would you please read Resolution 16 by title. #16. COUNCIL-AS-A-WHOLE: REQ CONFIRMATION OF RE-APPT OF JAMES REINHARD AND CHET WARREN TO STARK AREA REGIONAL TRANSIT AUTHORITY FROM 4/1/12 - 3/31/15. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 16. MEMBER BARTON: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 16. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -111- MINUTES OF THE MEETING FEBRUARY 13, 2012 NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries, the Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We now are under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED FEBRUARY 13, 2012. 79. EHDOC DEVELOPMENT SERV, LLC: NOTIFICATION THAT EHDOC MAYFIELD MANOR I CORP WILL BE GENERAL PARTNER OF A RESIDENTIAL RENTAL DEVELOPMENT & PLANS TO UTILIZE MULTIFAMILY FUNDING PROG OF OHIO HOUSING FINANCE AGENCY FOR RENOVATION OF THE PROP SET TO BEGIN APRIL 2012 & ENDING JUNE 2013. - RECEIVED & FILED 80. LIQUOR CONTROL DIVISION (OHIO): DENYING AND REJECTING TRANSFER OF OWNERSHIP ON D1 D2 D3 D3A LIQUOR PERMIT FROM FRAME’S TAVERN, INC DBA FRAME’S TAVERN, INC. 1ST FL & BSMT @ 1600 BRYAN AVE SW TO FRAME’S TAVERN I, LLC. - RECEIVED & FILED 81. MAYOR WILLIAM HEALY: AUTHORIZE RE-APPT OF JOANNE PAULINO TO TAX INCENTIVE REVIEW BOARD FOR RETRO TERM OF 1/1/12 - 12/31/13. - PERSONNEL COMMITTEE 82. MAYOR WILLIAM HEALY: AUTHORIZE RE-APPT OF WARREN CHAVERS TO TAX INCENTIVE REVIEW BOARD FOR RETRO TERM OF 1/1/12 - 12/31/13. - PERSONNEL COMMITTEE 83. MAYOR WILLIAM HEALY: AUTHORIZE RE-APPT OF MARK KINDEL AS ELECTRICAL JOURNEYMAN TO CANTON CONSTRUCTION BOARD FOR TERM OF 3/1/12 - 2/28/15. - PERSONNEL COMMITTEE 84. SERVICE DIRECTOR PRICE: INFORMING COUNCIL THAT CITY WILL NOT ENTER INTO PLA FOR WEST SIDE INTERCEPTOR SANITARY SEWER REHABILITATION PROJ. - RECEIVED & FILED 85. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 1/31/12. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning to First Reading Ordinances and Formal Resolutions for the First COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -112- MINUTES OF THE MEETING FEBRUARY 13, 2012 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 Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #1 THROUGH AND INCLUDING #4 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 FREED HOUSING TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $100,000.00 FOR A TENANT BASED RENTAL ASSISTANCE PROGRAM TO BENEFIT LOW TO MODERATE INCOME INDIVIDUALS AND FAMILIES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community and Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A LEASE AGREEMENT WITH VXI GLOBAL SOLUTIONS FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 200/2011 TO AUTHORIZE THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT AN ADDITIONAL $49,600.00 IN FUNDS FROM THE 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT AND TO AMEND APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO CONTRACT WITH CTI ENGINEERS, INC FOR ENGINEERING SERVICES; ADVERTISE, RECEIVE BIDS AND ENTER INTO CONTRACT FOR CONSTRUCTION OF THE WATER MAIN REPLACEMENT; ACCEPT OHIO PUBLIC WORKS COMMISSION (OPWC) GRANT FUNDS IN THE AMOUNT OF $477,300.00 AND ACCEPT OPWC ZERO PERCENT LOAN FUNDS FOR A TERM OF TEN YEARS IN THE AMOUNT OF $167,700.00; AUTHORIZE THE AUDITOR TO ESTABLISH THE 5226 HARRISBURG WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Environmental and Public Utilities Committees PRESIDENT SCHULMAN: Thank you Madame Clerk. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the Second Reading. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -113- MINUTES OF THE MEETING FEBRUARY 13, 2012 Would you please begin with Ordinance 5. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #5 THROUGH #11 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (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 (DR. DOMINGO @ 3120 PARKWAY AVE NW, OUTLOTS 1338 AND 518) PUB HRG 2/27/12 @ 7:30 PM #6. (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 (SCHOOLFINANCE LLC @ 1500 AND 1530 SUPERIOR AVE NE, PARTS OF LOTS 10657, 10658, 10695 AND 10693 AND ALL OF LOTS 10697 AND 10786) PUB HRG 2/27/12 @ 7:31 PM #7. (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 (HEALING AND WELLNESS CENTER @ 1120 15TH ST NW, OUTLOT 239) PUB HRG 2/27/12 @ 7:32 PM #8. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (TO OPERATE CITY EFFICIENTLY) #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR UNPAID AND DELINQUENT CHARGES FOR THE REMOVAL OF NOXIOUS WEEDS AND DEBRIS; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE WEST SIDE INTERCEPTOR SANITARY SEWER REHABILITATION PROJECT, G.P. 1138; RECEIVE AN OHIO PUBLIC WORKS COMMISSION (OPWC) GRANT; AMEND EXISTING AND/OR ENTER INTO NEW AGREEMENTS WITH STARK COUNTY AND NORTH CANTON FOR THE CONSTRUCTION AND REIMBURSEMENT OF THEIR COSTS ASSOCIATED WITH THE WORK; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5443 WEST SIDE INTERCEPTOR SANITARY SEWER REHABILITATION PROJECT, G.P. 1138 FUND; AMENDING APPROPRIATION NO. 220/2011; AND DECLARING THE SAME TO SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011, AS COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -114- MINUTES OF THE MEETING FEBRUARY 13, 2012 AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATIONS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (TO ENSURE THE ABILITY IF REQUIRED TO MAKE TERMINAL PAYMENTS TO THE EMPLOYEES INVOLVED IN THE ONGOING RETIRE/REHIRE INVESTIGATION) PRESIDENT SCHULMAN: Thank you Madame Clerk. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Turning now Ordinances and Formal Resolutions for the Third and Final Reading and vote. Would you please begin with the Reconsideration of 12. #12. (3RD RDG) RECONSIDERED AND ADOPTED AS ORDINANCE NO. 9/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO LEASE AGREEMENTS WITH THE STARK COUNTY COMMISSIONERS FOR THE PURPOSE OF UTILIZING CITY OWNED PARKING SPACE; AND DECLARING THE SAME TO BE AN EMERGENCY MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER DOUGHERTY: Mr. President, I move we Reconsider Ordinance 9/2012 adopted February 6, 2012. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Reconsider 9/2012. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Yes, Madam...Member Cirelli. MEMBER CIRELLI: Thank you sir. I want to thank the Majority Leader and all of Council because I had voted incorrectly on this and asked for a reconsideration. Thank you sir. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? By hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #12 RECONSIDERED AND ADOPTED AS ORDINANCE NO. 9/2012 COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -115- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Ordinance 9/2...thank you Madame Clerk...2012 has been reconsidered and the record now reflects the vote as corrected and the motion carries. Ordinance 13 please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 16/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($495,000.00 WATER PARK FACILITY GRANT FUND) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER BARTON: 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 11 YEAS, 1 NAYS (MEMBER HAWK VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #13 ADOPTED AS ORDINANCE NO. 16/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk Ordinance 13 is adopted. Ordinance #14 please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 17/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($60,357.94 NSP AND $45,807.04 NSP3) MEMBER DOUGHERTY: Mr. President I move we a.... PRESIDENT SCHULMAN: Leader.....sorry MEMBER DOUGHERTY: .....adopt Ordinance 14. MEMBER BARTON: 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 COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -116- MINUTES OF THE MEETING FEBRUARY 13, 2012 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 17/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 14 is adopted. Ordinance 15 please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 18/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($8,884.17 NEW HORIZON PARK FUND AND $2,000.00 LOCAL SOL BYRNE GRANT FUND) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER BARTON: 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. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 18/2012 PRESIDENT SCHULMAN: Ordinance #15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 19/2012 AN ORDINANCE ESTABLISHING AN ILLEGAL GUN INTERDICTION AND REDUCTION PROGRAM; APPROPRIATING $35,000.00 TO THE POLICE DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 16. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 16. Any remarks under this Ordinance? MEMBER CIRELLI: Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -117- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you Mr. President. Question to Safety Director Ream sir. Can you tell me how does one tell the difference between an illegal gun and a legal gun. PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Depending on the situation because it would be a situation that would be who has possession of it. If it meets the legal requirements versus if it doesn’t if it’s in the possession of someone who legally can possess it versus someone who can’t. MEMBER CIRELLI: Mr. President and Safety Director Ream. PRESIDENT SCHULMAN: Yes Member Cirelli. MEMBER CIRELLI: Then the person is the illegal owner of...or possessor of such, is that what I’m hearing you say? So, in order to confiscate the...the gun...the illegal gun, would we not in fact have the same opportunity to confiscate the illegal owner? PRESIDENT SCHULMAN: Director Ream. SAFETY DIRECTOR REAM: Well it would be the person in possession of the gun at the time it was discovered to be illegal who would be responsible. MEMBER CIRELLI: Mr. President and Mr....and Safety Director Ream, I’m just trying to get a handle on how this program actually is going to work because I.... I’ve done some research on the internet and I might be confused. I’m just thinking if I’ve got a weapon and I’m the owner of a weapon unless I have some illegal charge against me, my gun wouldn’t be illegal, is that correct? PRESIDENT SCHULMAN: Director. SAFETY DIRECTOR REAM: Yes, that’s basically correct. This is an Ordinance to establish a program to try to intercede improper or illegal weapons that are out on the street. MEMBER WEST: Mr...Mr. Chairman. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: And this came through the Committee last week and maybe I’m wrong but I think from what I understand of the program, the program is yet to really be implemented. I mean, I know we seen some sketches in the Repository but from what I understand is, and Member Hawk you can probably elaborate on this, but he’s trusting the..the new Chief to come up with a program to address the guns that we have in our community from what I heard last week and from what I also understand is that we’re putting $35,000.00 towards that and they’re supposed to come back to Council with some program that has yet to be determined COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -118- MINUTES OF THE MEETING FEBRUARY 13, 2012 and that’s what I got from last...last weeks Committee Meeting. PRESIDENT SCHULMAN: Member Hawk. MEMBER WEST: Is that correct Member Hawk? PRESIDENT SCHULMAN: Like to say anything? MEMBER HAWK: I can help a little bit on this. This program was modeled after successful programs in other Cities that took guns out of the hands of criminals. Not lawful or legal possessions of firearms. It takes them out the hands of criminals and I think all of us have experienced enough activity with firearms in our City that I am certain were not handled by good citizens. The house on the SW end with the 21 rounds fired into it last summer. The gunfire calls I get in my neighborhoods. The person who was shot 6 or 7 times coming out of Walthers as a gang retaliation. These are the guns we’re trying to get off the streets, not the guns in the hands of legal citizens. I’m a gun owner, I’m an advocate of guns, in fact in the early 1970's for several years, I had a federal firearms license to deal in guns. So, I’m very, very in tune with what can happen to guns. I’m very much in favor of criminals not having them. Good citizens don’t use their guns illegally or improperly. But if your house got fired into, I think we’d all be looking at reasons to get guns off the street. That’s my main goal in pushing this Ordinance. The Police Department, I trust them, they’re very good people, they’ll handle it adequately and favorably. And if we save one life, one life, we’ll be fine. And I...we...Mr. West, the girl who...the 16 year old girl who was shot as they fired into a home on Shorb Avenue South...Northwest, was in your Ward. There was a convicted felon who had that gun. We’re relying on other criminals to turn in their fellow criminals, that will be the success of this program. Thank you. PRESIDENT SCHULMAN: Thank you Member Hawk. Any other remarks? MEMBER CIRELLI: Mr. President. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: I’m sorry, Member Morris, I’m sorry. I need to get used to your voice. MEMBER MORRIS: Okay so, let me see if I’m following this, we’re not exactly approving $35,000.00 for an existing program but we’re going to appropriate $35,000.00 for a possible program? MEMBER HAWK: My I Mr. President? PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: Yes sir, we will implement a program, we need to fund it, get it out there and rolling so we can start this program. Our Policeman will do this and do it well, I trust them explicitly, I know they’re good people, I know they’re honorable people. The gun fires into the Southwest end, was in your...actually in your Ward you now represent, 21 rounds pumped into somebody’s innocent...to a innocent people’s house last summer. Very scarey out there. I still have some of those hollow point 9 millimeter slugs at my house that COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -119- MINUTES OF THE MEETING FEBRUARY 13, 2012 they gave to me. We’re not trying to take guns out of the people...out of good people’s hands, we’re trying to prevent criminals from using them. Again, I’ll go back to the thing, save one life and tell me what it’s worth. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes Member West. MEMBER WEST: Just for clarity and the new Chief is here and I guess if I could ask him a question. Would this $35,000.00 help you design a program to get guns off the street. We’re also reading in the new Government magazine and it talks about the challenges Cities have towards crime, fighting crime. Would this $35,000.00 and this program help you in the efforts of getting the illegal guns off the street? Can you answer that for us? PRESIDENT SCHULMAN: Chief? Sure. CHIEF LAWVER: Extremely complex issue. This is my second week. (Laughter) I know this was looked upon, you know, with the prior Chief and another Captain did some studies on it and so forth and I know this has been an issue and I’ve been contacting friends from across the Nation with similar programs and trying to get their reviews of their successes and failures. So I’m still, you know, in the initial stages of looking to this myself. I mean I wish I had more answers for you at this time, I’m wrapping my arms...my mind around a lot of things here this first week. So, but reference to this specific program, right now, you know I’m still inconclusive to give you the best answer in which I think you deserve. LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Chairman West and Council, this Ordinance works in steps. The first step authorizes the Director of Public Safety to work with the Chief of Police to establish a program and I’m offering the services of our office as well to assist to make sure that it’s done as well as it can be in the state of the art under the law. Secondly, it authorizes the Director of Public Safety to work with eligible banks to establish a program to be used in conjunction with this Ordinance if it’s passed. It also authorizes the Director of Public Safety and the Chief to possibly in the future work with the Stark County Government. There is already on the books a program under State statutes and State codes that is somewhat similar in nature and yes it does appropriate $35,000.00 Member Morris into this program when this Ordinance is passed. I wanted to address the comment of concern about abuse and as I understand this program in my conversations with Captain Davis looking at some of the material, the person who attempts to get paid through this only gets paid if they successfully, accurately identify an illegal weapon being illegally used. If for example, Johnny is angry at Sammy and Johnny turns Sammy in because Sammy is a legitimate carrying concealed weapon holder, there’s no money there because Sammy was legitimately holding a CCW. As you can envision this, as most of us can envision this, I think I agree with Member Hawk and I think perhaps the Safety Director and the Chief who have backgrounds in law enforcement can agree, I think this will be utilized by either friends of criminals or other criminals who have a reason to either want the money or want the gun out of someone’s hands. If they see someone being tough and brandishing a weapon and threatening someone, that’s a lot different then the quiet respectful ordinary citizen who generally holds a CCW and doesn’t brandish COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -120- MINUTES OF THE MEETING FEBRUARY 13, 2012 their weapon and threaten to kill someone or shoot someone or hold up a bank. So, I think in their discretion, the police when they screen these calls will be able to determine those which merit further investigation presumably. So again, as I understand this program from having read a little bit about it and having talked to Captain Davis, there is discretion involved and there is follow up involved and someone is not going to get a confidential reward if they’re not turning in illegal guns used in illegal manners. Thank you. PRESIDENT SCHULMAN: Thank you Law Director. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I guess I would ask the Safety Director, the money, the $35,000.00 will only be used as a payout or will that be used sir as part of the program, structuring the program or what have you or is that $35,000.00 going to be just what the recipients that will turn somebody in is going to collect? PRESIDENT SCHULMAN: Director Ream. SAFETY DIRECTOR REAM: Yes that’s to be allocated for the program, whatever expense would go into that program would come out of that $35,000.00. It will not all go to the person supplying the information, there will be set up costs, advertising costs, things associated with administering the program that, that money would be used for. PRESIDENT SCHULMAN: Director...or sorry, Member Hawk. MEMBER HAWK: Thank you Mr. Ream, that’s exactly what I....how I understood it to work. There will be some expenses in advertising in getting it out to the public and letting them know. There will be some...some standard setup expenses. I know that our Police Department will keep them very much in line and I think the bulk of the dollars will go to getting guns off the street. The best thing about it is if it doesn’t happen, we don’t...and we don’t expend the $35,000.00, it comes back. Okay, it’s not...this is just an initial funding, it might not all be spent. We might spend 8, 10, $12,000.00 of it, that’s all we might need. The rest of it will come back to our General Fund. I mean this is just a start up cost or, you know, that we estimated in hoping that we might be able to get this think kicked off. Remember, we had, I think 14 or 15 murders in our City last year, we’ve had 2 this year. The two this year concerned guns. You know, I don’t know how many people have been out there in streets but I’ve been out there when I’ve watched my citizens sitting on their front porches armed. Alright, armed because their...they think that they need to have them. These are not...these are responsible gun owners. Gunshots in the street firing wildly is just not safe, not safe at all, that’s what we need to look at. Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Sounds like a Committee Meeting but I’m going to give a question that was brought up in Committee Meeting, was it looked into other funds funding this? And I still haven’t gotten that COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -121- MINUTES OF THE MEETING FEBRUARY 13, 2012 answer, the forfeiture fund and you know, is...where did we come up with 35 as the total and is that too much and can it be 20 or could half of it come out of the forfeiture fund, half out of the general fund. And I haven’t gotten the answers. PRESIDENT SCHULMAN: Director Ream, do you have an answer? SAFETY DIRECTOR REAM: Yes, I’ve had conversations with the Chief and at this point, we’re not willing to put up money out of the forfeiture funds, the Ordinance as written would take that money out of the General Fund. MEMBER DOUGHERTY: Does anybody know where we came up with 35,000? PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Yes, I asked what it might cost to start it up to fund it adequately for the first year and that was what number I was given. It can reduced, if you so want to reduce it to $20,000.00, I don’t have a problem with that. Again, just like it will be returned successful, we can always allocate more money towards it, either way works with me. The deal is not to argue over the money, the deal is to get the program in place. MEMBER DOUGHERTY: I mean I would....Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yeah, I just...you know we’re saying we can put the money back in the General Fund but we can also go back and get it if we need it and you know, I’m just not convinced about the amount and just getting my things ques...answered tonight and had to ask when I asked the question last week. Mr. President, I make a...I make a motion that we amend this Ordinance to make the total amount $20,000.00. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #16 to change the appropriation of $35,000.00 to the Police Department to $20,000.00. Is there...are there any remarks, any comments? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: The Motion carries and the Ordinance is so amended to $20,00.00. So do I have a.... MEMBER DOUGHERTY: Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -122- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yeah I’d like to, which one was that, 16? PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: Yeah, I’d like to adopt Ordinance 16 as amended. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #16 as amended. Are there any remarks..... MEMBER WEST: Yes, Mr..... PRESIDENT SCHULMAN: ...on this Ordinance as amended? MEMBER WEST: Mr.... PRESIDENT SCHULMAN: Member West. MEMBER WEST: Mr. President, I just have a question, I’m kind of lost on, we’re amending this to do $20,000.00 but wha....I’m lost on still the program, if the program costs 35,000 and the new Chief is still not clear on how this would work but we’re appropriating money just for it to be there and we could put it back, I understand that part. I’m lost on the forfeiture funds, I’m totally lost on the forfeiture funds. This is funds that come from gang bangers and drug dealers those kind of things and...and the monies they get off the street which should be used for this type of thing that can get more money into the forfeiture funds, I’m lost on why we’re using General Fund money to...... MEMBER DOUGHERTY: Mr. President. MEMBER WEST: ....fund this project when we can get it for forfeiture funds. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Because we don’t have control over those funds, the Chief of Police does. Okay, so I just made the request, I agree with you, that’s what some of that money should be used for and that’s what I was hoping for and so that’s why I made the Amendment. I hope this program is great and...and if we use that money, we’ll come back and we’ll...and we’ll find some more money but again we’re always talking about how...how terrible our budget is and how we’re losing money, we gotta still be careful, I haven’t heard that word said about anything during this whole process. So, were digging into the General Fund for this stuff, we gotta be cautious. Let’s see if this works and if it does we’ll find some money and...and keep it going. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -123- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: I think Member Hawk you did say and what was significant is that this is not something that was just pulled out of thin air, this has been actually done, passed and effectuated in urban areas to great success. MEMBER HAWK: Yes, yes sir you’re correct. It was not something the City of Canton is inventing it’s something that we are utilizing. Give our Policeman the opportunity, they’re smart people, they know what they’re doing, give them the tools to keep our City safe. That’s what we’re doing here, we’re giving them the tools to keep our City safe. I ask that you...we pass this and let them try. Give them the tools, that’s Council’s job is to give them...provide them the dollars and the tools to do it with, that’s what we need to do here. MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes, Member Mack. MEMBER MACK: If it costs $35,000.00 to do the project right and we’re going to do 20,000 from the General Fund, would it be possible for the Safety Director to put up the other 15,000? MEMBER HAWK: Mr....Mr. PRESIDENT SCHULMAN: Yes Member Hawk. MEMBER HAWK: That was an estimated cost and I think that the $20,000.00 from the startup is a fair number to start with. As you...if it proves successful, we can add more to it. If we don’t use it all, it can be returned. I’m all for...I’m all for just getting the program started. We...as long as we debate it, the more chance we have of somebody being injured by a criminal with an illegal gun. That’s..... MEMBER WEST: Mr. President. MEMBER HAWK: ...what I’m looking at. PRESIDENT SCHULMAN: Member West. MEMBER WEST: I’m going to support this because I agree with Hawk that we do gotta get the guns off the street. I’m very, very unclear of how this program is going to work and I am trusting a new Chief that he’ll come up with something that could....or some kind of program that can address the guns in our streets. So, I’ll support it fully with the $20,000.00. Thank you. PRESIDENT SCHULMAN: Any other remarks? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli, briefly. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -124- MINUTES OF THE MEETING FEBRUARY 13, 2012 MEMBER CIRELLI: Yes sir. Just a question to Safety Director Ream. That would be Safety Director Ream, I know we in fact, if we have a crime and what have you and we arrest (inaudible) we...and they have a weapon, we confiscate the weapons and so is there a way that this will be set aside so we can know that these weapons were confiscated under the normal realm and these are the ones that the program has put through and will you come back to this Council and advise us what program you’re doing and how it’s working sir? PRESIDENT SCHULMAN: Director Ream. SAFETY DIRECTOR REAM: I can only say right now until we have the budgetary matters figured out, there will not be a program started up. If we meet budget and we have the $20,000.00 available that we commit to a program like this and I’ll sit down and talk to the Chief and we’ll see about getting it started. This is Member Griffin and Member Hawk’s Ordinance. They asked the Police Department to see if they could find a program, this is the best that they could come up and I’m not sure how successful a program like this will be but if Council is giving the mandate for the money to be allocated for something like this, if we can allocate that money and we meet budget, then we’ll carry on at that point. MEMBER CIRELLI: Mr...Mr. President, I want to know if we’re burdening our Police Department by doing this Ordinance. I mean, they...we’re understaffed, we’re the lowest that we’ve been in quite a few years and I don’t want to put a burden more so...on to our Police Department. PRESIDENT SCHULMAN: Right, I think I heard the Safety Director indicate that he and the Chief would sit down and try to determine whether this is an appropriate program to move forward on and if it’s not, I’m sure the Director will return to Council along with the Chief and say “We looked into it, we don’t think it’s worth while and we’ll return the money to the General Fund. Did I miss understand? Okay. Any other remarks? Okay, this is 16 as Amended. Roll call vote please Madame Clerk. NO REMARKS ROLL CALL 11 YEAS, 1 NAY (MEMBER CIRELLI VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 19/2012 PRESIDENT SCHULMAN: Ordinance 16 is amended as adopted. Ordinance #17 please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 20/2012 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY (HEALTH DEPT) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 17. MEMBER BARTON: Seconded. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -125- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. 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. #17 ADOPTED AS ORDINANCE NO. 20/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 17 is adopted. Ordinance 18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 21/2012 AN ORDINANCE AUTHORIZING COUNCIL TO ACCEPT A DONATION IN THE AMOUNT OF $2,844.25 FROM THE WEST PARK NEIGHBORHOOD ASSOCIATION FOR THE PURCHASE OF TWO SECURITY CAMERAS AND ASSOCIATED EXPENSES RELATED TO THE INSTALLATION OF THE EQUIPMENT; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,844.25 POLICE DONATION FUND) PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 18. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks under this Ordinance? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: I want to thank the Members of the West Park Neighborhood Association, this is their second donation, they donated $2,000.00 previously and this $2,844.00. This is money that they raised through some donations to bring safety to their community, their neighborhood. These are the things that will help us get...make our streets a lot safer. Thank you guys for supporting this, I greatly appreciate it. PRESIDENT SCHULMAN: Thank you Member Hawk, any other remarks? MEMBER BARTON: Mr. President. PRESIDENT SCHULMAN: Yes, Member Barton. MEMBER BARTON: Just a comment for the Safety Director and possibly the new Chief. I was attending the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -126- MINUTES OF THE MEETING FEBRUARY 13, 2012 West Park Neighborhood Association Meeting last Saturday and they continue to ask how soon we may get this implemented, obviously I explained to them this is a process. So, any feedback would be greatly appreciated that we could pass along to that neighborhood as they’ve asked repeatedly of myself and I believe Member Hawk. So we’d just like to get them an answer, even if it’s a time line somewhere out there, some target date that we could be looking at, I’d appreciate it. Thank you. PRESIDENT SCHULMAN: Director Ream. SAFETY DIRECTOR REAM: Yes, we spoke to Members of that neighborhood association earlier this evening with a possible time frame and what we were looking at. They’ve had conversations with Members of the Department, with the past Chief and as soon as we get the money appropriated, we’ll see about fulfilling what they’ve been in conversations about. PRESIDENT SCHULMAN: Thank you Director. Thank you Member Barton. Any other remarks? Hearing none Madame Clerk, roll call vote please on 18. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 21/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk, Ordinance 18 is adopted. Ordinance #19 please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 22/2012 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY MORAL OBLIGATIONS IN AMOUNTS NOT TO EXCEED $8,320.00 TO MARSHALL LAND COMPANY; $5,282.00 TO COTTRILL WRECKING COMPANY AND $1,900.00 TO C.R.S. GENERAL CONTRACTING; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 19. MEMBER BARTON: 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 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 22/2012 COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -127- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Ordinance #19 is adopted. Ordinance #20 please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 23/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR STOP-LOSS INSURANCE FOR CITY EMPLOYEES AND THEIR DEPENDENTS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 20. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. 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. #20 ADOPTED AS ORDINANCE NO. 23/2012 PRESIDENT SCHULMAN: Ordinance #20 is adopted. Ordinance 21 please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 24/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE MUNICIPAL POOL, MANAGED BY OCHS, INC. FOR GROUP TERM LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE COVERAGE FOR ELIGIBLE CITY EMPLOYEES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 21. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -128- MINUTES OF THE MEETING FEBRUARY 13, 2012 #21 ADOPTED AS ORDINANCE NO. 24/2012 PRESIDENT SCHULMAN: Ordinance #21 is adopted and that concludes Ordinances and Formal Resolutions for the Third Reading. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee meetings. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Member Cole. MEMBER COLE: Finance Committee will meet at 6:45 February 27th. PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Member Smith. MEMBER SMITH: Community and Economic Development will also meet 6:15. PRESIDENT SCHULMAN: 6:15 or 6:45? (UNKNOWN SPEAKER): 6:45. MEMBER SMITH: What did you....6:45. PRESIDENT SCHULMAN: 6:45. MEMBER SMITH: Same time, same station. PRESIDENT SCHULMAN: It’s hard to believe I’m paying attention. Any other Announcements of Committee Meetings? MEMBER BARTON: Mr. President. PRESIDENT SCHULMAN: Yes, Member Barton. MEMBER BARTON: Personnel will meet same time, same place, same date. PRESIDENT SCHULMAN: Thank you Member Barton. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We are now under Miscellaneous Business. Is there any? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -129- MINUTES OF THE MEETING FEBRUARY 13, 2012 MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Mayor Healy, the Mayor of Canton. MAYOR HEALY: Thank you. Yeah, two...two items, first of all I just want to make an announcement that on March 1st, which is a Thursday, we will be in these Chambers to present the State of the City. So we want to make sure that all Council Members are aware and hopefully join us. PRESIDENT SCHULMAN: What time? MAYOR HEALY: We will be here, the State of the City will start at 6, it’ll be from 6 to 7. I believe we’re going to do some sort of reception from 5 to 6. So, (inaudible) get there early. So, there’ll be some sort of press release and what have you put out but I just wanted to give you notice on that as of today. Second, I want to make a comment or respond to a comment that was made in the Public Speaks portion. It was brought up by an individual who was referencing the...the gun issues and they made reference to my name showing up on the Bloomberg List. I want to make sure that you understand very clearly what that was because it almost sounds like it was taken out of context a little bit and what I represent and...as far as my record in reference to where I stand on this. The list in reference to Mayor Bloombergs it’s through the US Conference of Mayors, I supported a...a....a...organi....the Mayors who are joined together to fight against illegal guns, it’s the Mayors against illegal guns list is what you’re referring to and this goes back to the definition of what is illegal and obviously when you have folks that have felony records, they’re not allowed to carry guns, if they’re holding a gun, that would be an illegal gun. They are guns that are used in crimes where they have the bullets and what have you to verify that, that gun was used in a crime that would be an illegal gun. And there are also types of firearms that are just not legal and there’s things like armor piercing bullets and different things like that, that would go against that. This in no way shape or form says that I’m opposed to citizens having the right to bear arms and carry guns, concealed or otherwise, legally. And I want to make sure because the way it was frayed, it almost implied that I was against guns in some way, shape or form. It is Mayors against illegal guns. I will also point out for...for the audience’s information, I was in the State Legislature before I became Mayor and we had many issues and many pieces of legislation that...that came before us that we had to vote on that were of specific importance to the NRA for example and I had 100% voting record in favor of issues that the NRA...or our voting in the same way that the NRA was on those issues. So, I have a history of supporting and being supported by the NRA and this issue with the illegal guns or my list is Mayors against illegal guns. So, I hope that clarifies my position and I certainly appreciate the opportunity to clarify. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Member Babcock. MEMBER BABCOCK: Yeah, I’d like to call a meeting on Environmental and Public Utilities Committee at 6:45. PRESIDENT SCHULMAN: Well I’m sorry, you can’t do that now, you missed that. (Laughter) You had your chance. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -130- MINUTES OF THE MEETING FEBRUARY 13, 2012 MEMBER BABCOCK: Thank you. PRESIDENT SCHULMAN: No, I’m just kidding, thank you Member Babcock. MEMBER WEST: Mr. Chairman. PRESIDENT SCHULMAN: Thank you Mayor. Member West. MEMBER WEST: Yes, I had....today I had a ride with Angela Cavanaugh, our Building Official and we were going through Ward 2 trying to figure out how many houses I can get tore down, you know, within the next couple years. But I learned something really unique that our....our tear down prices doubled in price because now, I mean we...it used to cost 3,000, 3,500, now it’s like 6, $7,000.00 to tear down a house. And she said it was because of the EPA, is there something that we can do to address the EP...I don’t know if it’s the Law Department or who should be able to answer this but somehow we have to address this issue of the double in prices, especially with the way our funds are, we can’t get these houses down and dropped. So, can somebody speak to that? PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Member West, there is an issue pending as we speak in which the EPA has an opinion about what constitutes a project in which asbestos has to be inspected and removed, greatly enhancing the cost of a demolition. Mr. Reese has volunteered of our office, Jason Reese has volunteered to look into the issue further and see if it’s something we can contest. I don’t think it’s as a result of a Court opinion so it maybe something that we may be able to at least explore to help reduce the cost. We certainly don’t want to foul the environment in an unnecessary way but it seems unfair that if an individual homeowner takes a home down, they don’t have to go through the same process that we the City do if we’re taking isolated homes down and trying our best to prevent the spread of asbestos. So we are looking into it. PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business? MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Mayor Healy. MAYOR HEALY: Thank you, I’d like to touch on the issue as well. We have had a lot of new information that’s been circulating. It has to do with the banks and the foreclosure issue and the lawsuit that they had lost and the monies that they’re paying out to the states. And the Ohio Attorney General has been involved in that, Ohio was involved in that suit with banks. We had won a significant amount of money that...that’s going to be paid to the State of behalf of the foreclosure issue and at this moment, the Attorney General has indicated that they were going to commit a large portion of that to be distributed out for demos, right now I think it’s around 75 or 75 million. We’re going to continue to lobby him to try to get a bigger portion of those dollars to put towards the demolition process and of course at this point, we don’t even know the procedures for us to be able to apply for gain access to that money but it is going to be distributed throughout the State to communities in need and we’re going to work very, very hard to...to stay up on it and try to position the City of Canton to receive as many dollars as we can. The cost maybe higher but if we can bring new dollars to our City, it may help us bring more houses down. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -131- MINUTES OF THE MEETING FEBRUARY 13, 2012 PRESIDENT SCHULMAN: Thank you Mayor. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. I wanted to address a few remarks briefly to Public Speaks. Chief, congratulations and thank you for coming your second week and staying through a full meeting of this confluence of the branches of Government. Thank you for showing the interest. Mr. Killins, for those Members of Council who are new, Mr. Killins has brought up issues that he’s brought to our Council before. Unfortunately, his property was taken out of his control some many, many years ago. The statute of limitations have run and when Mr. Killins comes to our office with new documents, we do look at those and we do explore them. Thank you for submitting a document tonight, we will take that as well. Ms. Ramsey, in terms of the scrap program and dealers who are inappropriately paying people, a version of this Council some years ago did a state of the art Ordinance that the State, in essence, the State of Ohio sort of copied to deal with scrap metal that was being wrongly taken to scrap metal dealers. If you call...I’ll give you my number before you leave, if you call me tomorrow I’ll give you a copy....mail you or give you reference to the copy of our Ordinance and when it kicks in and what the Police can and cannot do. At one point they’re even allowed to take thumb prints that require I.D.s of people who scrap and I’ll share that with you. Lastly, I wanted to thank Mr. Drake for suggestions about Arbor Day and arts and things like and Ms. Kirk for reminding us that the Tree Ordinance is coming due soon. Anyone on Council, if you have any remarks about the Tree Ordinance, I’d like to get it down soon. Please address them to me, I have heard from AEP and I’ve heard from a number of people about things they want to change or suggest in the Ordinance. And our President would probably appreciate any comments on the Water Commission Ordinance that is also coming down as well. If you have any comments on the Water Commission Ordinance, please give those to Craig Chessler. Thank you. PRESIDENT SCHULMAN: Thank you. Any other Miscellaneous Business? SERVICE DIRECTOR PRICE: Mr. President. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Director Price. SERVICE DIRECTOR PRICE: Yeah, this is going to be a quick one. There will be a meeting tomorrow regarding the 12th Street project covering the area from Monument to Maple, we’re seeing public input on that project and also sharing information. The doors will open at the Civic Center at 4 and that will be held in the Kennedy Room. And about 12 seconds, that’s the shortest presentation I’ve had for this Council. Thank you. (Laughter) MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Well thank you Member Price for saying that because I appreciate that. Charles, Member...or excuse me, Charles Killins, I wanted to thank you, I’m going to call you Dr. of Love for these flowers that you have bestowed upon each and everyone of us, each and every week that you come down here. So, I want to thank you for that. PRESIDENT SCHULMAN: Thank you Member West. Any other remarks? I’d like to wish everybody a COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -132- MINUTES OF THE MEETING FEBRUARY 13, 2012 Happy Valentine’s Day tomorrow, don’t forget your sweetie. Leader. MEMBER DOUGHERTY: Thank you. I move we adjourn. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk, roll call vote please. CLERK TIMBERLAKE: You can’t leave yet Chief, Chief sit down, we ain’t done with roll call yet. No, I’m only kidding. (Laughter) That’s the only time I’ll give you an order. NO REMARKS ROLL CALL: 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas. PRESIDENT SCHULMAN: (Gavel falls) Meeting is adjourned. Ladies and gentlemen be careful on your way home. Hope to see you.. ADJOURNMENT TIME: 8:59 P.M. ATTEST: FEBRUARY 16, 2012 APPROVED: FEBRUARY 16, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT