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City Council

Regular Meeting

Canton, OH · March 12, 2012

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -181- MINUTES OF THE MEETING MARCH 12, 2012 PRESIDENT SCHULMAN: Good evening ladies and gentlemen, welcome to Canton City Council. We have a packed house tonight. Be interested in hearing apparently almost all of you speaking this evening. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, PATRICK BARTON, JAMES BABCOCK, MARY CIRELLI, JOE COLE, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, CHRIS SMITH, KEVIN FISHER & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER MACK ABSENT) CLERK TIMBERLAKE: Eleven present. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader Dougherty I’ll recognize a motion to excuse Member Edmond Mack from this evening’s meeting. For the record, I know that Member Mack is attending legal business out of state and that’s the reason he could not be here this evening. Leader. MEMBER DOUGHERTY: Mr. President I move we, to make a motion to excuse Member Mack from tonight’s meeting. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Mack from this evening’s meeting. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk, the motion carries and Member Mack is excused from this evening’s meeting. Tonight’s invocation will be given by Ward 4 Council Member Chris Smith. Will you all please stand and remain standing for out Pledge of Allegiance. The regular meeting of Canton City Council was held on March 12, 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 Ward 4 Council Member, Chris Smith. The Pledge of Allegiance led by President Allen Schulman. PRESIDENT SCHULMAN: Thank you Member Smith. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Leader, we are now under Agenda Corrections and Changes. MEMBER DOUGHERTY: Mr. President, I move we Suspend Rule 22A to add 2nd Reading Ordinances 4 through COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -182- MINUTES OF THE MEETING MARCH 12, 2012 10. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 4 through 10. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The Motion carries. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business, Chief of Staff Price do we have any Old Business you’d like to discuss? SERVICE DIRECTOR PRICE: Thank you Mr. President. Not really other than to just mention one item I wanted to follow up on. The city does not have an official slogan to answer the question by Mr. Parker. PRESIDENT SCHULMAN: Thank you very much. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re turning now to Public Speaks. We have by my count here, 23 speakers. A number of you are going to discuss the Animal Control Officer and the job and the vote later this evening. I would just remind our speakers, all of our speakers, Public Speaks is an important opportunity for our citizens to express their opinions to us. On the other hand, despite what might be concerned as somewhat heated area of discussion, I would ask that you respect each other and not only each other but, the person you’re discussing. We’d prefer to hear intelligent conversation, intelligent argument not personal attacks, not over the top criticism. It’s not fair and that’s not what we’re here to do and frankly if I do hear that, I’m going to interrupt you and I will ask you to sit down. So with that, our first speaker is Monique S. Davis. Miss Davis if she’ll step forward and give us your name and your residential address and welcome to Canton City Council. MONIQUE DAVIS: Good afternoon Council. My name is Monique Davis and I reside at 1446 Miami Court NE. I am a student at Stark State University. I am newly to the area even though I grew up here, you know, from New Jersey and Ohio. My biggest concern since I’ve been here and over the little year, is minority businesses. I look around me every day. I see no representation of me or the people that I’m here with. I often play behind the scenes of things and I try not to be in the limelight too much though I do make a lot of noise behind the scenes cause life is a, you know, life is a stage we all have a roll to play and when I was talking to myself and saying, “you know Monique, I’m going to mind my business here just a little bit” I COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -183- MINUTES OF THE MEETING MARCH 12, 2012 turned around and looked at my children. I have a son who’s graduating in August with a degree in Science. I have a son who wants to be a brain surgeon. I have a son who’s in early college and on his way to college and I have a son who’s in college now getting college credits. I have a lot to do and a lot to say for my community. Not just the minority community but I’m gonna talk about all the communities. I’m talking about something as simple as today when I came down to Council and asked for an interpreter for the deaf. I was told that, that doesn’t have to be provided. So I was, said I would stand up here and ask about state stature, federal use CS and also I did a little research and you know, spoke to someone at the ADA. This is not acceptable and I understand I have a few more minutes but those are my greatest issues and I would appreciate it and the community would too if someone can get back to us. Thank you. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Thank you ma’am very much and we’ll be here to discuss any problems you might have after the meeting. Our next speaker, I hope I’m getting this right is J. Dana Ray. DANA RAY: It’s just Dana. J was there when I signed. PRESIDENT SCHULMAN: OK, Dana Ray. Good evening, welcome. If you’ll step forward and give us your name and your residential address please. DANA RAY: I’m Dana Ray. I live at 1891 Nichols Road, that’s Akron, Ohio and once again, I’m with People Care Pet Pantry. We help to feed some of your constituents so please, I belong here. I’ve been coming to these Council meetings since January 30th. On that day, there were seven of us that spoke about the TNR. The trap, neuter and return policy. It was at that time Council was asked to monitor Phil Sedlacko and to look for alternatives to the kill method that you currently use which of course is the TNR. During that time, I took a little clip from the meeting’s minutes and it was President Schulman speaking on behalf of Councilmen, Mayor’s administration, “There’s an intention to look depth as to the issue. I don’t want you to feel like you’re falling on deaf ears. There will be some Committee meetings about this very thing, let the most effective ways to control the feral cat population.” A lot of us are still waiting for those meetings. On another one, Councilman Kevin Fisher. You stated that all the constituents in your Ward were against the TNR program. Really? All of them. Safety Director Ream. You refused a resignation by Phil Sedlacko or should I say, you chose to hold on to it until the Council was able to vote. Once again I have to ask, why? And Councilman Barton, you’ve heard repeatedly about the video and also from witnesses that have actually seen Mr. Sedlacko abuse animals at the Dog Pound. Taking into consideration there are few that believes that what happens in the Stark County Dog Pound stays in there, that it has nothing to do with you. I’m sorry but Canton is part of Stark County. In the event that you decide to prolong his contract not even for a month, but let alone 2 years, makes me wonder exactly what is going on. There’s a gentleman that has flown in here from out of state specifically to help everyone understand a better TNR program and how to make it work for us. Instead the Council continues to drag it’s feet and the only line that you seem to be reaching for is that of one of an animal abuser. Thank you. PRESIDENT SCHULMAN: Thank you very much ma’am. (APPLAUSE) Thank you Miss Ray. Our next speaker is Joseph Eldred. Mr. Eldred if you’ll step forward and give us your name and your residential address please and good evening. JOSEPH ELDRED: My name is Joe Eldred. I reside at 638 Bellflower Avenue SW. I am the President of COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -184- MINUTES OF THE MEETING MARCH 12, 2012 Timken Senior High School’s Marching Band organization. The name of the organization is TEAMA and this year we have started a campaign for uniforms and after speaking to some of the Council Members, I’ve found out that a lot of people in the community don’t realize that band is funded solely by the Booster Club organizations and for the most part, most of the schools in the area, they get their money through their concession stands. If you go to an away game or whatever high school you choose, you go up to the concession stand, you’re supporting their band. McKinley High School has got the concession stand down at Stark County Fair. With that and the few other fundraisers they’ve done, they’ve been able to raise their own money for uniforms. Timken Senior High School I refer to it as, as far as the band, as the forgotten band. The forgotten school. We have a very small group of parents that struggle every year to try to make money just to meet the yearly expenses. This year our expenses were $4,400.00. Our uniforms are going to cost us $500.00. $500.00 a piece. 50 uniforms for the year. That’s going to run us a good chunk of money and we’re pretty much right now at wit’s end. I know Mayor Healy has been a very good support for us. He’s offered to mentor the kids which he has done and we just need to make sure that the public knows that when we do contact you, we are in dire need of those, of money and we really don’t know where else to turn. We’ve done some big fundraisers. We’ve got a jazz concert that we’re putting on this weekend at the high school. Ticket sales are very reasonable, $15.00 a piece and we’ve maybe sold 200 tickets out of a stadium of 1,100 so I just, I leave it to you, to the community to help us out as much as you can. Thank you. PRESIDENT SCHULMAN: Thank you sir, very much. (APPLAUSE) Our next speaker, thank you Mr. Eldred. Our next speaker is Toby Franks. Mr. Franks good evening. Good to see you again. If you’ll step forward and give us your name and your residential address. The reason I laugh is, Mr. Frank’s saw each other in the airport yesterday so.... TOBY FRANKS: I wasn’t stalking you by the way. PRESIDENT SCHULMAN: I cannot, I cannot escape you. (LAUGHTER) TOBY FRANKS: That was not planned PRESIDENT SCHULMAN: Good evening. TOBY FRANKS: Good evening. Thank you very much. I’m Toby Franks. 401 Ohio Boulevard, Louisville. I’m here again to speak about the animal control issue. I do again urge City Council to explore non-lethal methods for animal control and I’m also asking you to do what the overwhelming majority of your taxpaying and voting constituents are asking you to do. To vote no on renewing the city’s contract with Fur Busters. I have been speaking it, these City Council meetings now for several weeks as you know, as have many concerned citizens, residents of Canton and surrounding areas. After weeks of testimony and overwhelming support for the use on non-lethal animal control methods, we still have not gotten to the point where a sub committee has been formed to look at TNR and other non-lethal methods for animal control as this was promised and I am looking forward to that and I hope that we can still do that. I am at your service as I keep saying but this Council I think tonight, if I’m not mistaken is going to suspend rules, hear all three readings in one night and vote on extending the Fur Busters contract through December 2013. The momentum for this non-lethal campaign however, is not diminishing, it’s actually building. Sandra’s Wildlife Center is offering to inform and educate the public about humane and effective deterrents for wildlife. The Mayor of Limaville COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -185- MINUTES OF THE MEETING MARCH 12, 2012 called me the other day and wants me to come out and help his little city start a TNR program which I will be doing and Lou Criswell, the Director of the Stark County Humane Society told us today that they are quickly losing interest in their dealings with Fur Busters. Stark County Humane Society is quickly looking interest in their dealings with Canton Animal Control and the Humane Society Board is considering ending it’s policy of accepting and euthanizing feral cats. In previous Council meetings there have been comments...(APPLAUSE - Mr. Franks requests clock be stopped)...in previous Council meetings there have been moments of silence for Whitney Houston and for the teens who were tragically killed at Chardon High School. This might sound corny but I would like to offer the remainder of my three minutes as a moment of silence for the 375 cats, kittens that were killed last year by Canton Animal Control and for a 7 month old shepard mix named Garfield, who lost his life on 7/25/2011. (Moment of silence observed) PRESIDENT SCHULMAN: Thank you Mr. Franks. Our next speaker is Jeff Dorson. Mr. Dorson if you’ll step forward and good evening and welcome to Canton City Council. If you’ll give us your name and your residential address please and.... JEFF DORSON: I just want to say.... PRESIDENT SCHULMAN: ...It’s good to see you again. JEFF DORSON: Mr. President and City Council workers, City Council Members. Jeff Dorson. 33 General DeGalle, New Orleans, Louisiana. I’m here on behalf of AlleyCat Allies. I’m delighted to be here. You may be wondering why an out of towner’s interested in your local issues. The answer is because you’re actions affect all of us in every part of the country. And the question before you is, how can you have an effective animal control program and the answer from our perspective is actually simple. The solution believe it or not is in front of you. It’s right in front of you. The solution however is not in the motion before, before you that will extend the animal control contract for two years. This contract will never solve your problems because it’s based on old policies and outdated practices but all the resources, all the manpower and all the creativity needed to address this problem and do it properly is right here. Right now and present in this room. Will all those in favor of having a community based program that helps keep animals out of shelters and treats animals humanely please stand up and remain standing, those in favor of TNR. Thank you. Here then is your solution. Simply form a partnership with all those people standing and those who couldn’t make it here tonight. We’ll work side by side with you. All these good samaritans at no cost to the city. How much will the city save and benefit from this partnership. How much goodwill will be generated from this association, from this arrangement. The answers far more than the $27,000.00 currently allocating for this year and next year. Some of you have told me that you wish other groups would show the same passion that we do for other issues like high crime and blighted housing. Well here’s your opportunity. This is your first chance to work with such an advisory group and create a working model. Here you have it. We’re at your disposal. This is your army of good samaritans standing ready. For nearly six weeks now citizens have been speaking out and voicing their concerns about the animal control program. Their sustained interest. They’re not going away. The numbers are increasing, they’re not diminishing. We’ve pointed out the problems with the current system and willing to help solve those problems, use our experience, use our goodwill, use our knowledge, use our manpower. This is a wonderful group of citizens and the best way that you can use them is to simply sit down and talk to us. Form a proposal that we can live with. That hasn’t happened yet. We’re not talking with each other if you’ve noticed. There’s a big gap. I’d like very much to close that gap. Here’s your opportunity. I COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -186- MINUTES OF THE MEETING MARCH 12, 2012 salute you all. Thank you for caring. You might now sit down. Thank you Council. (APPLAUSE) PRESIDENT SCHULMAN: Thank you sir. Thank you Mr. Dorson. Our next speaker is Steve Silver. Mr. Silver if you’ll step forward and give us your name, your residential address please. STEVE SILVER: Good evening. My name is Steven Silver. I live at 2007 Kirk Court NW, Canton, Ohio. For the past few weeks I’ve been coming to Council meetings and I’ve heard several people give testimony to you about some documented and undocumented cases of mistreatment of animals by your current Animal Control Officer. Some of this was done as he was working as a Deputy Dog Warden and some as the city’s Animal Control Officer. I also have heard several people ask you to stop your current animal control policy which leads to the senseless deaths of many animals including cats. Several people have asked to meet with you about instituting a TNR program in lieu of your current program which leads to animals being killed, sometimes very inhumanely. To my knowledge, you still have not met with these people. People representing national organizations have asked you to use TNR in lieu of your current animal control program. At last Council meeting, we were told at the beginning of Public Speaks that Council has heard us loud and clear about the feral cat issue. From my understanding from what I’ve read in Council’s agenda for this evening, it seems that the Communication from Councilman Barton requesting to extend Mr. Sedlacko’s contract with a pay raise, not only for the, is going to read for the first time tonight, but may possibly be voted on tonight. This is not listening to the people that have been openly communicating with you on behalf of the animals that cannot speak for themselves. This is totally disregarding anything that they have said. This is not representing the best interest of the citizens of this city including myself or the animals that live in the city. Most feral cats have been put into this situation by their human counterparts. We do not have the right or the need to kill any of these animals including raccoons, squirrels and all the other animals that your Animal Control Officer is killing. This issue is not going to go away tonight even if you extend the Animal Control Officer’s contract. I will continue to come. Others will continue to come. This issue will continue to haunt Canton for time to come. Knowing full and well the organizations such as AlleyCat Allies is coming to town this week and has invited Council to a town hall meeting about this issue and how to handle feral cats, Council would still go ahead with this extension of Animal Control Officer’s contract. You are not listening loud and clear to us. You are not looking at the facts about your Animal Control Officer and his treatment of animals as relayed to you by personal testimony, video and I’m sure records from others, working with others with involved animals. Why is this? Does life mean that little to you that you would not postpone a vote on this issue until all options were exhausted. The real issue here is whether animals living in our city, stray or feral cats or wild animals have the right to exist on the same land that we do. I believe if you truly would search your souls, you would find the answer. They have as much right here as you do and I do and if your looking for another slogan for this city other than the Utica capital, the Hall of Fame city, the killing city is where we fit. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Silver. (APPLAUSE) Our next speaker is Vicki Boatright. Miss Boatright, good evening. If you’ll step forward and give us your name, your residential address and welcome to Canton City Council. VICKI BOATRIGHT: Good evening. My name is Vicki Boatright. I live at 332 ½ 4th Street NW in Canton. In last week’s meeting President Schulman stated the following prior to Public Speaks. I quote, “Now we’ve heard a great deal as you know in the last two meetings about the feral cat program, problem. I think we’ve got it. I’m not telling you not to stand up and talk but we’ve heard it loud and clear.” With all due respect Mr. President it would appear that many Members here have not gotten it. Our current Animal Control Officer is a COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -187- MINUTES OF THE MEETING MARCH 12, 2012 liability to this city. We have listened to individuals publically state that they have witnessed him abusing animals. We have all watched the video of him treating an animal inhumanely. I have personally examined his invoices and found information calling his methods of trapping cats and wildlife into serious question. I sent that to you all in an email this week. His actions have brought negative attention to our city on a regional, national and even global stage and yet I understand that Council now considers it an emergency to rush through a contract that is extended beyond the length of the original contract. If they heard us loud and clear, then apparently they’re simply ignoring us. What is the emergency? Why is Council and the city so beholden to a man who has brought so much shame to our community? Why has Council made no effort to meet with animal welfare advocates to discuss more effective and humane methods of animal control. If your mantra is, we shouldn’t punish him for what he did at the Dog Pound, we are not about punishing. We are about finding a more appropriate person and method for addressing our city’s animal control problems. The only emergency here is the threats facing the animals in our community who’s plight is a symptom of humanities neglect. As far as Mr. Sedlacko is concerned, we can continue short term contracts until a proper bidding process for the job can be enacted. Rushing the animal control contract will not make this issue go away. It will only strengthen our resolve. If you vote to extend a contract, this current contract to Mr. Sedlacko, you will be ignoring your constituent’s wishes to do away with a very unpopular practice. Your vote of ignorance will be what is loud and clear. I urge you to vote no on extending a contract with a person who has betrayed the public trust over and over again. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our next speaker is Patricia Kirk. Good evening. Welcome. If you’ll give us your name and your residential address please. PATRICIA KIRK: Hello my name is Patricia Kirk. I live at 131 5th Street NE and I have an announcement. The Tree Commission Academy dates have changed. The application is the same. The times are the same, 8:30 to 3:30. It’s still at the same place, Church of the Savior United Methodist. The price is the same. It’s just the days that are different and it’s because of a personal conflict, a very important one. Tonight the Tree Ordinance had it’s first reading. It’s been six long years. It’s been six long years because it’s not political. Why is this Tree Ordinance important? It establishes a Tree Commission. The power companies have to answer to the Tree Commission before they do work in the city. I know a woman who’s trees were destroyed by the power company by topping, a definition you will find in the Tree Ordinance. It’s not allowed in other cities but it is in Canton right now. Oh, and about President McKinley, I read an article that said that we are a city of football, I agree with that, but we pay more attention to President McKinley well, I’d like to say something about that. Yes, he was born in Niles, Ohio. He lived here. He married here. He worked as a lawyer here. He had his practice here. He served as a Sunday school teacher and a Sunday school superintendent and the Board of Trustees at Church of the Savior, if fact, he was on the Board of Trustees when he was assassinated as President of the United States. His funeral was at Church of the Savior. Ida his wife, had four windows commissioned at Church of the Savior depicting four stages of his life. He fought in the Civil War and his Bible at his inauguration was given by the Bishops of the African Methodist Episcopal Church. He lived his faith. Thank you very much. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) I, the next speaker, I hope I pronounce the name and I apologize, just correct me, Jalah Wemusa. How did I do with that? JALAH WEMUSA: (Inaudible) (LAUGHTER) PRESIDENT SCHULMAN: Did you say excellent or not so good? Jalah and the last name is pronounced.... COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -188- MINUTES OF THE MEETING MARCH 12, 2012 JALAH WEMUSA: Wemusa. PRESIDENT SCHULMAN: Great. You don’t have to give us your name again but give us your address please. JALAH WEMUSA: I live at 1446 Miami Court NE. PRESIDENT SCHULMAN: And you’re going to have to speak up, thanks. JALAH WEMUSA: I live at 1446 Miami Court NE. PRESIDENT SCHULMAN: Your just going to have to be a little louder. JALAH WEMUSA: I live at 1446 Miami Court NE and good evening Council. Today I would like to talk about there’s, that there’s not enough activities for kids in Canton, Ohio cause in New Jersey we had a lot of activities like, we could film, drama and I just want to ask is there any activities in Canton, Ohio that are for kids and if not can you please give more. That’s it. PRESIDENT SCHULMAN: Great. Thank you very much. (APPLAUSE) Our next speaker is Judith Snyder- Wagner. Miss Wagner if you’ll step forward and give us your name and your residential address and welcome. JUDITH SNYDER-WAGNER: I’m Judith Snyder-Wagner. I have a cold. I apologize. PRESIDENT SCHULMAN: That’s alright. Just do the best you can. JUDITH SNYDER-WAGNER: OK, thank you. I live at 4130 Belden Avenue SE in Canton Township. I work at 1435 Market North in the city. As Miss Boatright had spoken before me, she mentioned that Mr. Sedlacko’s invoices for his animal control services in 2012 were reviewed. For those in the audience who did not receive her email or for Councilmen who also did not possibly read it, I’ll share her conclusions. There were three troubling trends that emerged from the invoice review. One was that the trapping of animals, of which there were no complaints. There were 46 cats and 2 kittens removed from properties where there were complaints about wildlife but not about cats. What would that, how would you feel if that’d been you cat that was trapped and you didn’t ask for him or her to be removed. Apparently Mr. Sedlacko traps, sets traps randomly and leaves them which is an unnecessary stress and danger for the trapped animal. Another trend revealed that complaints were from numerous times from the same people and the same property. This clearly demonstrates that the trap, kill procedure are not, procedures are not solving the feral cat population and wildlife problems in the city. It’s urgent that you cannot, that you not continue, it’s not urgent for you to continue his contract at this point. It doesn’t end until April 30th in my understanding. It is urgent that we have a earnest dialogue begin in the city to talk about effective and more humane methods of dealing with abandon animals. There is a town hall meeting on Wednesday night at 6 PM at the Stark Library at 8th and Market if you would be able to attend. I invite you and the public. We need to find a way to allocate resources so that TNR is separate from wildlife management. I would just like to point out that Steve Silver and Dana Ray who spoke before me attending our last TNR training session. I am on the Board of Peace for Pets and this has already been passed around a little bit but we’re doing another training on April 14th. We’ve trained over 100 volunteers in the city and the county on how to trap. We have a trap bank and we are willing COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -189- MINUTES OF THE MEETING MARCH 12, 2012 to work with anyone who is, who calls us and that has a feral cat program, problem excuse me. So I encourage you to look at some things like what we’re doing as an alternative. We need to do this thing right not just rush through it and that’s what concerns me about making a decision tonight to extend his contract for another two years. If nothing else, why don’t you look at it for another 90 days. Thank you. PRESIDENT SCHULMAN: Thank you very much ma’am. (APPLAUSE) Thank you Miss Wagner. Hope you’re feeling better too. Our next speaker is Veronica Dickey. Miss Dickey if you’ll step forward and give us your name and your residential address please. VERONICA DICKEY: Yes, I’m Veronica Dickey. I live at 4496 Noble Loom Street NW, Massillon, Ohio 44646. I first want to start off by saying that I am a registered nurse and I do know that the risk of the spread of zoinotic diseases is low and with altered rabies vaccinated, healthy, maintained cats the risk of rabies is even lower to none. I understand that proposals for piloting a trap, neuter, return program along side a trap, kill program in this city have been proposed. I appreciate the interest in piloting a TNR program for feral cats. The suggestion to operate both the current program with a TNR program in the same area however, is not a viable option. Any pilot program would need to be TNR only with strict boundaries. You cannot allow complaining residents to choose which program they want as you cannot do trap, neuter, return and trap, kill in the same area. Let’s face it, you would be neutering cats, returning them, then killing them later on. Not only is that inhumane, it is doubling the use of resources. To pilot a program, you must have limits and controls to ensure that different variables are managed. You would be dooming the pilot program with the interference of the trap, kill program. It is possible to pilot TNR as long as a geographic region is identified for it and as long as trap, kill efforts are disallowed in the area. I welcome the opportunity to pilot a trap, neuter, return program but if it is done, it has to be done right. Truthfully though I don’t understand why we wouldn’t make trap, neuter, return our official method of managing feral cats in the first place. There’s certainly no reason to extend a contract to Phil Sedlacko for a lengthy time period to try it out. It appears that Council simply wants to get this issue out of the way instead of honestly engaging with citizens to create an appropriate animal control program. If you think that fast tracking a vote will may us go away, think again. We are just getting started. We want to work with you to do what is right. It is our hope that you want to do the same. Voting to extend Sedlacko’s contract will show us that you have not listened and that you do not care. Do you really want to become known as a politician who does not care about animals? 33% of US households own at least one cat and 39% of US household own at least one dog. Those statistics hold firm in our area. I can assure you, what do you think those numbers of people will think of you. Thank you. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Carolyn Metz. Miss Metz if you’ll step forward and give us your name and your residential address and welcome to Canton City Council. CAROLYN METZ: Good evening. PRESIDENT SCHULMAN: Good evening. CAROLYN METZ: I’m Carolyn Metz. I live at 2119 Maple Ave NE. I’ve lived there for 50 years. I’m here about the animal rights control thing. I’m definitely for TNR. Four houses up the street from me, there’s a gentleman lives there, he’s handicap, he can’t get out. This summer six cats had litters underneath his porch. There’s nothing he could do. Nothing was done about that. My Councilman suggested TNR. I think it’s a wonderful program. I think continuing, voting on this gentleman’s contract tonight is a mistake. My COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -190- MINUTES OF THE MEETING MARCH 12, 2012 neighbor’s were all going to show up tonight. They all had problems. Two of them had to go to the hospital. Someone’s in the hospital. They couldn’t be here. I’m here representing my whole neighborhood in the northeast end. We want these cats taken care of humanely. Something needs to be done. Council needs to set up some kind of a system or something other than this gentleman whoever he is. I don’t know him. I don’t want to know him, but you need to do something. It’s supposed to be a government of the people, for the people and by the people. Well you represent us. Well we’re saying you got to do something. Do something for us and you. We have a cat problem. Get rid of it. Do it in a humane way. Humane way. TNR. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Nancy Hiner. Hope I pronounced that name right. Good evening, welcome. If you’ll give us your name and your residential address please. NANCY HINER: Yes, my name is Nancy Hiner. I live at 1200 21st Street NE in Canton. The following are my remarks in the animal control issue. As a resident of the city of Canton and a city taxpayer, I find the use of our tax dollars to pay a proven animal abuser to be the city’s Animal Control Officer outrageous and unacceptable. Is the Canton City Council so indifferent to the residents of Canton for whom you are to be representing our opinions and our voices, you would again extend the contract with Mr. Sedlacko. With all the good people with kindness and integrity in our town needing jobs, the Council instead chooses to continue to allow a person who would and does abuse helpless animals to have this position. I won’t vote for Council Members like that and I demand my tax dollars be used to better our city. I know these words are strong and harsh to the ear but please let’s give this position to someone with compassion as it should be not to a proven animal abuser. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our next speaker is Judy Palmer. Miss Palmer if you’ll step forward and give us your name and your residential address and again welcome to Canton City Council. JUDY PALMER: Hi, I’m Judy Palmer. I reside at 904 Clarendon Avenue NW in Canton. I am a taxpaying, voting citizen of Ward 1 in the city of Canton and I’m asking City Council to do the right thing and vote against the city’s contract with Fur Busters. Those are my tax dollars that I am entrusting to you and I don’t want them spent to round up and exterminate stray and feral cats and kittens. Cats aren’t the problem. They are a symptom of a bigger problem, human irresponsibility. Trap and kill isn’t a long term solution, it’s a knee jerk reaction to a nuisance complaint. Nuisance complaints will never stop because trap and kill doesn’t work, it only creates a vacuum that gets filled by new cats. It is inhumane. TNR on the other hand stabilizes outdoor cat populations and decreases their numbers. It’s effective and it’s humane. It is a long term solution. City Council, please do the right thing and do what the majority of voting, taxpaying Canton residents want you to do. Do not renew the contract with Fur Busters. As a pet owner myself, I know I would be devastated if for some reason one of my pets would happen to get out, get lost and be trapped by this gentleman and have its life ended and I just pray that you will table this for now. Look at other options. I have actually done a trap, neuter, release myself with very little experience with great success. If fact I actual brought the kitty into my home and he is residing with me there now and so please, just contemplate what you’re doing. Give TNR a chance. Please, please, please. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our next speaker is Donna Federer. Miss Federer, good evening. If you’ll step forward and give us your name and your residential address please. Did I get that right? Is there a Donna Federer in the room? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -191- MINUTES OF THE MEETING MARCH 12, 2012 (Inaudible comment from audience) PRESIDENT SCHULMAN: OK. Our next speaker is Makenzie Smith. Miss Smith. Did I get the, is that your, Smith. I know you were here before. Welcome. MAKENZIE SMITH: Thank you. My name’s Makenzie Smith. I live at 6893 Bentler Avenue, 44721. I was here two weeks ago to hand in a petition that we had collected online and I have a new one with all Canton city residents so, I would like to hand that to you. PRESIDENT SCHULMAN: Great. If you will give that to Member Morris and we’ll send it around. Thank you. MAKENZIE SMITH: I’m here today to speak on behalf of a group online that had formed called Garfield’s Angels. It’s a group, we work tirelessly these last few weeks seeking justice for a 7 month old dog who was tortured at the hands of Phil Sedlacko. We have pulled his disciplinary records and there were not one but six disciplinary actions. I’d like to pass those around. PRESIDENT SCHULMAN: I actually think every Member of Council received those, didn’t they? I think we’re alright on that. If anybody didn’t then just let me know. MAKENZIE SMITH: One was including a physical confrontation with Mike Evans so this man, Phil Sedlacko not only abuses animals but also fellow employees. Not only is he a liability for the city but he is equally as threatening to our community as any of you that would support him in his position as animal control. With the post office closing there are 125 citizens looking for work. That leaves 125 people who could replace Phil Sedlacko. Why is he the only person being considered for this position. With that being said, I urge you to vote no in extending Phil Sedlacko’s contract any further. Thank you. PRESIDENT SCHULMAN: Thank you Miss Smith. (APPLAUSE) Our next speaker is Laura Larke. Miss Larke good evening. Hope I pronounced your name right. If you’ll step forward and give us your name and your residential address. LAURA LARKE: Good evening. Thank you. Yes, my name is Laura Larke. I am a Canton city resident and my address is 2213 10th Street SW, Canton, Ohio 44706 and I believe Council Fisher that is your Ward. Regarding the animal control issue of controlling the population of feral cats and stray cats in the city of Canton, I am in favor of the trap, neuter, return method and this humane treatment of animals. I would like my tax dollars to support a humane animal control officer. Per witness accounts of Phil Sedlacko’s handling of animals proves him not to be a humane animal control officer. I am asking each of you sitting before me to attend the town hall meeting at the Stark County District Library in the McKinley Room from 6 to 7:30 this Wednesday and what it is about has already been addressed by previous speakers. I am looking forward to attending it. Lastly, the city of Canton, Ohio is widely known in the United States as the Pro Football Hall of Fame city. For its namesake and for the sake of the animals, this year let the city of Canton also be known as another city in the United States of America that became stray cat and feral cat friendly. Thank you for listening. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Jeanette Morris. Miss Morris if you’ll step forward and give us your name and your residential address and welcome to Canton City COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -192- MINUTES OF THE MEETING MARCH 12, 2012 Council. JEANETTE MORRIS: Thank you. My name is Jeanette Morris at 7156 Clearhaven Street NE, East Canton, Ohio. In speaking with the residents of the city of Canton taking signatures, I learned a couple of things. For one, most people are confused about what is transpiring with City Council’s decision in animal control. They have no idea of Phil Sedlacko. The man from the video is the Animal Control Officer. They have no idea he has both jobs and many people actually believed he had been let go and was no longer a threat. When they find out he is the one you have as Animal Control Officer, that he is the one from the video, they grabbed the pen out of my hand and asked where to sign to stop it. They are shocked and angry. Many folks have to have it all explained to them. They are trusting you all too much. I could stand outside day after day and get signatures and people would sign day after day if I had that much time. What does that tell you? I’m going to pass out to you the veterinarian report of dog Phil took to the emergency clinic after it was too late. You’re going to see discrepancies from what you have been led to believe about the darted dog, the time frame will not match what you were led to believe. The fact that the dog did not bleed internally is clear. That is also clear from the video. The fact that this was a 7 month old puppy should really make you sit up and take notice as well as the fact that any dog when improperly cornered and frightened by strangers will be so scared it will freak out and it takes a true professional to handle that situation correctly. Plus this was not some random stray. This was someone’s dog wearing a red collar. His written reprimands as well as discipline records from the Stark County Dog Pound prove it. This is so ugly you cannot possibly be considering giving this person another contract. The facts, not opinions speak for themselves. When I pass this out and you look at it, you will see that the dog had blood soaked hair coat in the brisket area proving that the dogs blood was on the outside of it’s body. It did not bleed internally and that was very clear on the video and I’ll pass this around. PRESIDENT SCHULMAN: Thank you. JEANETTE MORRIS: Please read and look over this very carefully. Don’t just brush it off. Thank you. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Elena Johnson. Miss Johnson. Good evening. Welcome to Canton City Council. If you’ll give us your name and your residential address please. ELENA JOHNSON: Hi, my name’s Elena Johnson. My residential address is 10802 Royal Muse Road, Cockeysville, Maryland and hi City Council Members. Thank you so much for the opportunity to speak tonight. My name is Elena as I already said. I am the Events and Workshops Program Manager for AlleyCat Allies and I come here from our national headquarters to speak to you. For several years now as you know, Canton has relied on an after hours animal control program that is expensive. I’m told it’s now at $27,000.00 annually and the costs of this program are never ending because every time animals are removed, new ones will move into the environment and breed to capacity. Each year the city can expect these costs to continue and to actually grow over time. I’m here with a win-win proposition for you. I’m asking you to make a slight shift in the way your animal control program operates to make it more humane and cost effective. On the front end, nothing would really change. If there’s a concern or complaint about an animal, citizens would still call a designated number where the callers questions would be answered and solutions offered. This would be addressed by an appointed individual and would not have to impact you directly at all. For individuals who call to protect, with problems with wildlife, with wild animals, a licensed wildlife operator would respond to the call. For calls relating to feral cats, individuals would go out, humanely trap the cats, have them neutered COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -193- MINUTES OF THE MEETING MARCH 12, 2012 and vaccinated. The costs would be less than the per animal fee that you are paying now and more importantly, the costs would decrease over time. This is the solution. No more kittens. Feral cat populations stabilize and they gradually diminish. The cats are healthy, they’re vaccinated and they’re fed on a regular schedule. This ongoing care creates a safety net both for the cats and for your community. Cities and counties all over the country have successfully implemented these trap, neuter, return programs and therefore, they’re now saving money and reducing the intact of cats at their local animal shelters. Just to name a few examples, Cook County, Illinois; Baltimore, Maryland, where I live, Jacksonville, Florida; Clarke County, Nevada; and Washington, D.C. These municipalities have experienced overwhelming support from their citizens after adopting trap, neuter, return programs and they have also introduced humane and respectful methods to mediate and resolve community members concerns. This is not just about, it’s all about the cats. It’s for the whole community. Now countries, excuse me, communities all around the country are moving away from these outdated animal control practices that do not address the true needs of the community and towards sustainable humane programs that protect the cats, the citizens and the community as a whole. I therefore urge you to table this animal control contract renewal and consider a proposal to implement, implement trap, neuter, return. Cost effective, humane and solution oriented program. If AlleyCat Allies can offer any information or give an questions on this type of program, I’m happy to help. Thank you so much. PRESIDENT SCHULMAN: Thank you very much. (APPLAUSE) Our next speaker is Denise Dorland. Miss Dorland, good evening. If you’ll come forward and give us your name and your residential address and welcome to Canton City Council. DENISE DORLAND: Would you please not start the timer until I start speaking. Don’t use my name and address as part of the time. CLERK TIMBERLAKE: Certainly. DENISE DORLAND: Thanks. Denise Dorland. 1154 Filemena Circle. The proposal to extend Phil Sedlacko’s contract for two years is a offensive. Offensive to me and to the people who got up and spoke at this week’s City Council meeting. Offensive to pretty much everyone who’s seen the video of Mr. Sedlacko indifferently spraying a dog with water as the dog lay bleeding in a cage at the Stark County Dog Pound. Imagine a veterinarian being caught abusing an animal at the Humane Society or Dog Pound. Would Stark County renew that veterinarian’s contract. Probably not. Imagine you, yourself hiring someone to pet sit while you’re on vacation, only to find that, that person was abusing or neglecting your pets. Would you welcome that person back into your home? I doubt it. Mr. Sedlacko should be held to the same standard as any other person who is entrusted with the care of animals who then chooses to abuse that trust. Phil Sedlacko’s actions in the aforementioned video, show him to be in violation of Ohio Statute 959.13, Cruelty to Animals, Section A which states, “No person shall torture an animal or carry or convey an animal in a cruel or inhumane manner.” Mr. Sedlacko did both. He inhumanely dragged the dog out of the van by his neck and then tortured by spraying him with water. Mr. Sedlacko was also in violation of Ohio Statute 959.131, Cruelty Against Companion Animal, Section B which states, “No person shall knowing torture, torment or commit an act of cruelty against a companion animal” and Section C, which states “No person who confines or who is the custodian or caretaker of a companion animal shall negligently torture, torment or needlessly commit an act of cruelty against a companion animal.” I think the key words in this statute are knowingly and needlessly. Mr. Sedlacko knew he was torturing that dog and he did it anyway. Mr. Sedlacko’s current contract allows for either party to quote “terminate this agreement at any time while an event or condition giving rise to the right of termination exists.” I interpret this to mean that if an event, in this case the abuse of COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -194- MINUTES OF THE MEETING MARCH 12, 2012 an animal, were to occur during Mr. Sedlacko’s employment, City Council would then have the right to cancel his contract. I believe that what was recorded in that video constitutes such an event and you should act accordingly. And keep in mind that, that video of Mr. Sedlacko was probably not the first time that he was ever caught abusing an animal. That was just the first time he was ever caught on tape. To those of you who vote to renew Mr. Sedlacko’s contract, I say shame on you. Shame on you for turning a blind eye to what you saw in that video and shame on you for not being brave enough to make the right decision. And one more thing. Go home tonight and hug your dogs and cats and thank God they’ll never have the misfortune of ending up in the back of Phil Sedlacko’s van. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our next speaker is Marcia Zawacky. Miss Zawacky good evening. Welcome again to Canton City Council. Marcia, I’m sorry. I’ll get your name right you know, after the 10th year. Welcome. MARCIA ZAWACKY: Thank you. Marcia Zawacky, 2831 Harrison Avenue NW. That is Canton. This is a three prong issue. This man is also a State of Ohio wildlife person. He had to be, go through their courses to get to be a wildlife, a person who can actually pick up the nuisance animals, skunks, possums, etc. The, one of the laws, if you guys look into this, is that no animal will remain in a trap over 24 hours and that they have to be dispatched with a 22, OK, when he takes them out of the trap. That means that he’s actually firing a gun inside the city limits. I don’t know if anyone cares about that or not. Again, you actually had some people come in here tonight and say, hey, we’re looking at you out there, OK. The world is looking at you. Is this really how Canton wants to look? Is this, do we really want to sell Canton as the killing capital of the world. Anyway, I’m up here again because I’m with the rest of these people that have said some really, really good things tonight and all you do is if you pass this tonight, you strengthen our resolve, OK. The other thing I want you to realize when you look in Mr. Sedlacko’s records, he has a diagnosis, OK. You know we may be the new Columbine, OK. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) Our next speaker is James Parker. Mr. Parker if you’ll step forward and give us your name and your residential address and welcome to Canton City Council. JAMES PARKER: Good evening, thank you very much. James Parker, 630 Penny Street SE, city of North Canton. Excuse me, I’d like to thank Monique Davis and her family for her remarks. I know her personally to be a fine mother and person and honored military Army veteran. Please support her and the hearing impaired like Rob the barber. I’d like to amplify the sentiment of her son, that fine young man from New Jersey. In relation to the Alan Page Jury Assembly Room in City Hall that I’ve proposed, my research has revealed a stumbling block as documented in NFL films and Alan’s biography. An offense that amends I believe needs made. In 1971 after Stark County voted him Athlete of the Year, he wrote this letter to Stark County: To Whom it may Concern, It is with deep regret that I turn down the honor to which the people of Stark County have bestowed upon me, however do to certain events that have happened to my father, sister and brother in Canton last year, I feel it would be hypocritical of me to accept the award. Last spring they were arrested for disorderly conduct and this past spring they were prosecuted on these charges. I think this was typical of harassment, not just of my folks, but of black folks in general. For this reason, I refuse this honor. Sincerely, Alan Page. At a moment of the summit of his success, Alan Page found that no award could shield you from the sting of racial bigotry. Perhaps this is typical of treatment. Perhaps this type of treatment is one reason that Alan Page has spent most of his life standing up to interests that treat others unfairly. It’s not that Alan Page doesn’t care about the people of Canton. Indeed, I’ll bet that anyone calling him from here would be greeted with warmth. Of course, they’d have to do the calling. Let us take a measure of his feelings about COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -195- MINUTES OF THE MEETING MARCH 12, 2012 football and his life from a lecture he delivered at Mount Union College. “If I could choose a way to be remembered, it wouldn’t be by association with football. Football’s in the past. It was a good past, but I would want to be remembered with children. My children and other children.” From his enshrinement into the Hall of Fame, his induction speech on the steps here, “I don’t know when children stop dreaming but I do know when hope starts leaking away because I’ve seen it happen. Over the past ten years, I’ve seen the cloud of resignation move across their eyes as they travel through school without making progress. They know they are slipping through the net into the huge underclass that our society seems willing to tolerate. At first the kids try to conceal their fear with defiance, then far to many that defiance turns to disregard for our society rules. It’s then that we have lost them and maybe forever but this loss is not always as apparent as the kid who has dropped out of school for life on the street. I’ve seen lost men in the NFL. Athletic achievement might be a door that discrimination once held shut open that door but these doors slam quickly on the unprepared and undereducated. We’re at a point in our history where black teenagers constitute the most unemployed and undervalued in our society. Instead of making a real investment in education that could pay itself many times back, our society has chosen to pay the price three times. Once when we let them slip through the educational system, twice when they drop out of street, out to a street life of poverty, dependence and maybe even crime and a third time when we wear out those that have crossed over the line.” I don’t know how my timing got up. I’ll have to read the rest of it another time. PRESIDENT SCHULMAN: Thank you very much, Mr. Parker. (APPLAUSE) Our last speaker, Peter DiGiacomo. Mr. DiGiacomo, good evening. If you’ll step forward and give us your name and your residential address please. PETE DIGIACOMO: Yes, my name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. I was going to talk about something else and I’ve sit here and I’ve listened everybody else talk and I, it’s just something. I’m not even going to go, what I was going to say. The last Council meeting at the end of Council, I believe it was Councilman Fisher made a quick statement and he said with all the problems that the city of Canton has we’re spending this much time on Phil Sedlacko and the spayed and neutering program and I realize that the cat people are very, you know, adamant and they’re behind their goals and their project and that’s good for them. That’s the way they should be. As far as the Animal Control Officer is, that would be up to you folks up here, whoever you hire, whoever you don’t hire. That’s up to you folks. I have nothing to say about that. Once again I’ll say that there’s been a lot of people from out of the area has come in here to tell Canton what to do and how to do it. Some people have come from out of state to tell us how to do it. What we should do or give suggestions. Canton is known as the Football, Pro Football Hall of Fame city. Some people have been brought up, brought up the thing here that you want to be known as the city that kills cats, dogs, things like that. I think what would be important is Canton the city that jobs are important. Crime is important. Education is important. Our children are important. The last two things I’m going to say is that at the beginning of the meeting it was brought up about a moment of silence for the kids that were murdered up in Chardon and I’m sorry but to bring up X amount of time for some, and it’s his choice about having a moment of silence for cats. That, personally that’s disrespectful and as far as the gentleman from New Orleans I believe, they had on CNN, I know you’re not supposed to attack anybody so don’t take it as an attack but, New Orleans the city is known as the murder capital of the United States so maybe instead of worrying about cats, you should worry about people. Thank you. PRESIDENT SCHULMAN: Thank you. (APPLAUSE) OK, it’s been an hour. I’m going to exercise some Chair prerogative. We’re going to take a five minute break. Five minute break. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -196- MINUTES OF THE MEETING MARCH 12, 2012 INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: OK, I think we’re ready to return to live action as they say. We’re now under Informal Resolutions. Madame Clerk would you please read Resolution 25 by title. #25. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF CLASSIE GROCE TO FAIR HOUSING COMMISSION FROM 4/1/12 - 8/31/12. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Resolution 25. MEMBER BARTON: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Resolution 25. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #25 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. COMMUNICATIONS PRESIDENT SCHULMAN: Turning now 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 MARCH 12, 2012. 111. HEALTH COMMISSIONER ADAMS: REQ TO CHANGE FUND TITLE & APPROP $75,000.00 FROM UNAPPROP BAL TO FUNDS OF 2317 LOCAL HEALTH ASSESSMENT & ACCREDITATION FUND TO 2317 LOCAL HEALTH ASSESSMENT & ACCREDITATION FUND - OTHER. - FINANCE COMMITTEE 112. JUDGES: KUBILUS, POULOS, FALVEY, AND BELDEN AND CLERK OF COURTS, GIAVASIS: REQ THAT THE COUNCIL HONOR THE BUDGET THAT WAS NEGOTIATED, REDUCED & MUTUALLY AGREED TO IN GOOD FAITH; REQ RETURN OF JUDGES ADMINISTRATION & CLERK OF COURTS 2012 GRF BUDGETS BACK TO THE NEGOTIATED LEVEL. - RECEIVED & FILED 113. LIQUOR CONTROL DIVISION (OHIO): REQ D5 LIQ PERMIT TRANSFER FROM MARGARET K HAAS DBA T BIRD TO ANGELA SEIFER @ 1425 15TH ST SW. - RECEIVED & FILED 114. SAFETY DIRECTOR REAM: REQ AUTHORIZING $750.00 MORAL OB TO MARK I. LURIE COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -197- MINUTES OF THE MEETING MARCH 12, 2012 INC. (ARBITRATOR). - FINANCE COMMITTEE 115. SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS, AWARD & EXECUTE CONSTRUCTION CONTRACT FOR STA-SR43-12.64, WALNUT/CHERRY COMPLETE STREETS PROJ, PID 91592, GP 1153; EXECUTE PROF SVCS CONTRACT FOR CONSTRUCTION ENGINEERING SVCS; REC TRANSPORTATION REVIEW ADVISORY COUNCIL FUNDS IN AMT OF $1,500,000.00 FOR PROJ THRU ODOT TO FUND COST OF BOTH CONSTRUCTION & CONSTRUCTION ENGINEERING CONTRACTS; MAKE $1,500,000.00 SUPP APPROP; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER AUTHORITY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 116. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 2/29/12. - RECEIVED & FILED 117. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR FEBRUARY 2012. - RECEIVED & FILED 118. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR FEBRUARY 2012. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: And now we are under Ordinances and Formal Resolutions for their First Reading. Let the Journal show that all Ordinances are being given their Reading as required by state law. Madame Clerk would you please read the First Reading Ordinance by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 917, TREES, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACTS WITH LOCAL AGENCIES IN A TOTAL AMOUNT NOT TO EXCEED $390,000.00 IN HOME FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee (COUNCIL RECESSED AT 8:44 P.M. FOR THE JUDICIARY AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCE #3; RECONVENED AT 9:06 P.M.) #3. (1ST RDG) ADOPTED AS ORDINANCE NO. 38/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO AMEND THE PROFESSIONAL SERVICES CONTRACT WITH PHILIP SEDLACKO FOR ANIMAL CONTROL SERVICES FOR COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -198- MINUTES OF THE MEETING MARCH 12, 2012 THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary & Personnel Committees PRESIDENT SCHULMAN: At this time then the Chair would declare an in house recess for the Judiciary and Personnel Committees to meet in regard to Ordinance 3 on your agenda this evening. We’re now in recess. PRESIDENT SCHULMAN: Council will then reconvene after its recess. Leader. MEMBER DOUGHERTY: Mr. President, I move to suspend Rule 22A to add Ordinance 3 back on the agenda. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend Rule 22A to place Ordinance 3 back on this evening’s agenda.. Any remarks? Hearing none Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 2 NAYS (MEMBERS CIRELLI AND MORRIS VOTED NAY) CLERK TIMBERLAKE: Ten yeas, one nay Mr. President. PRESIDENT SCHULMAN: Motion carries. MEMBER CIRELLI: Mr. President, it was two no’s. PRESIDENT SCHULMAN: I’m sorry that would be nine. CLERK TIMBERLAKE: Oh, nine and two. I’m sorry. PRESIDENT SCHULMAN: That’s alright. Nine for, two against. Is that right Madame Clerk? CLERK TIMBERLAKE: Yes. PRESIDENT SCHULMAN: The motion carries. Ordinance 3 is a legal part of your agenda. Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 3. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rules on Ordinance 3. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 2 NAYS (MEMBERS CIRELLI AND MORRIS VOTED NAY) COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -199- MINUTES OF THE MEETING MARCH 12, 2012 CLERK TIMBERLAKE: I apologize. Nine yeas, two nays Mr. President. PRESIDENT SCHULMAN: Thank you. The motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 3. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #3. Are there any remarks under this Ordinance? Member Cirelli. MEMBER CIRELLI: Mr. President, I think what we are about to do here is a very sad, very, very sad thing. We’re willing to turn over to a person who does not in my opinion, and I can only speak for myself, show compassion where there should be some, show the record keeping is off where I’ve seen that personally, shows no respect for this honorable body of the people that did try to contact him and he did not in fact contact back including myself. We have heard people come and a great many of the people, the Council people here are quite upset because a lot of these people are not so to say from the city of Canton but unfortunately when the tape came out and went viral it went all over on YouTube. It went all over and there are people that have advocacy groups no different than a lobbyist group and it’s something they believe in and I respect that highly. As a State Representative and Mr., and Mayor Healy you were there too, they have lobbyists and we sat through many a meeting. I’m sure you did too and heard both sides of the arguments and all sides of the arguments. I don’t believe you or I, I know I never did questioned anybody because they did bring somebody in as a lobbyist from maybe New York or what have you on different issues or different states. That’s part of the, part of the turf that goes with something that a person or a group, an advocacy group is wholeheartedly supportive of. Now they have shown us all a paper where, a pamphlet if somebody cared to read it, where they can actually reduce our costs, but no, we’re going to turn our head on that and say we don’t care to reduce our cost. I guess we are overflowing in General Fund money and Mr. DiRuzza we’ve done a disservice to you sir, because we tell you, you’ve got to tighten the budget when actually you don’t have to tighten the budget if you go with, if we approve this tonight because we don’t care about saving money. I always thought, you know, they say, follow the money. I’ve heard people that are saying to us, listen, give us a chance. We’ve heard them say they’re having a meeting this Wednesday. One of the Council Members said yes we’ll have a Committee meeting and we will go listen to this and he was in charge of the Personnel and that never happened. We aren’t listening to the people and some of the people came up and they said, you’re not hearing us and that’s the truth. And I didn’t get elected so I could hurry up and rush here and get home by 9:00. There’s meetings that I’ve been at in the State House and I imagine Mayor Healy’s been there til 3, 4, 5:00 am in the morning and that’s part of what goes with the job. I think freedom of speech knows no boundaries. In this case, I heard people, I heard my fellow Council Members say, you know, what do we care about them, they’re not from our community. They can’t vote for us. (Inaudible comment from the audience) MEMBER CIRELLI: Please don’t do that. Whoever said that please, this is our turn to talk now. I respect all these people. I respect somebody that cared enough to come from Bethesda, Maryland or New Orleans or what have you and spend their own money to come here to tell us there is a better way. A way where we can save money. A way where we can put a horrible death that we have occurring at the Humane Society being caged kill and for people who didn’t want to read it, they have a mass of cats at Mr. whatever person in animal control officer drops off, and then you have them in a run and a cage like a fence comes this way at it and COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -200- MINUTES OF THE MEETING MARCH 12, 2012 they’re pulled up like that and a needles injected into who knows where or who knows what and how long is that misery. But do we care, no. They’re just cats. You know I heard the gentleman complaining and God bless him, I have ways that I could show you that we could probably help in your flower garden. Birds do more damage than cats do. Does that mean that we should somehow say this is the no fly zone to every bird because they crap in people’s yards and what have you. I don’t think so. I’m emotional over this because I happen to believe that the majority of these Council people as one of our illustrious elected officials have said to me, the majority of Council doesn’t even read the Ordinances for garsh sake Mary, haven’t you figured it out. No. I have not. I want to respect my Council Members enough to think they read everything and anything and that they’re making an intelligent vote. And I’d like to think that they want to be educated but, what we, once we pass this tonight, how many of you are really going to show up Wednesday to be educated. Then we will know the truth and I hope the media shows up there because they’ll see who really in the Council really cares about this community and who really cares about what we so passionately say, we don’t want to see animals killed. I’ve had pets probably all my life and I know what it feels to be a little kid and have somebody poison my cat. I mean I’ve been there and I’ve done that. I don’t want to do that to another child. That hurts. I don’t want to see a kids animal picked up accidentally and nobody, and now I’m hearing that in that tape, this dog had a collar which means that yes, it did belong to somebody and that’s sad too. A 7 month old. I mean I thank you for the time but I’m ashamed of what’s going to happen here tonight. PRESIDENT SCHULMAN: Thank you Member Cirelli. Any other remarks? Member Morris. MEMBER MORRIS: Mr. President, I’m going to keep it short and brief. I respect the opinions of the older Council Members. I do believe that we do need an Animal Control Officer. I personally don’t feel comfortable with this individual, but also on TNR. I think TNR and animal control have to be two separate issues for now. We really need to spend some time focusing on TNR. We need to get the city on board with the county and the Stark County Humane Society and all these volunteers to all come together and come up with a good program. Myself personally, I cannot support this contract and I also wanted to be in the record that Edmond Mack who could not be here tonight wanted me to express that he as a representative of Ward 8 would have voted no. PRESIDENT SCHULMAN: Thank you Mr. Morris. Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 2 NAYS (MEMBERS CIRELLI AND MORRIS VOTED NAY) CLERK TIMBERLAKE: Nine yeas, two nays Mr. President. #3 ADOPTED AS ORDINANCE NO. 38/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #3 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading. Madame Clerk would you please begin with Ordinance #4. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -201- MINUTES OF THE MEETING MARCH 12, 2012 FOLLOWS: #4. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATE ORDINANCE NO. 220/2011 TO APPROPRIATE ADDITIONAL MONEYS NEEDED FOR THE OPERATING EXPENSES OF THE CITY OF CANTON FOR THE REMAINDER OF FISCAL YEAR 2012; AND DECLARING THE SAME TO BE AN EMERGENCY #5. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 22/2004; AND DECLARING THE SAME TO BE AN EMERGENCY (CORRECTION OF VACATION PLAT - LAWN SW - DUMONT’S) #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO CONTRACT WITH THE BELOW-NAMED CITIES AND VILLAGES TO PROVIDE LEGAL REPRESENTATION CONCERNING THE PROSECUTION OF CRIMINAL CASES AND RELATED MATTERS BY THE CITY PROSECUTOR’S OFFICE; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BLACK, MCCUSKEY, SOUERS & ARBAUGH IN AMOUNT NOT TO EXCEED $30,000.00 TO PROVIDE SPECIALIZED LEGAL ASSISTANCE WITH WORKERS’ COMPENSATION CASES; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A CONTRACT WITH WESTERN STATES CONTRACTING ALLIANCE (WSCA) FOR THE PURCHASE OF SPRINT EQUIPMENT AND WIRELESS COMMUNICATION SERVICES FOR THE POLICE DEPARTMENT; RATIFYING ANY ACTIONS TAKEN BY THE DIRECTOR OF PUBLIC SAFETY; AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION TO SPRINTCOM EQUIPMENT CO., LP; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF A STANDBY GENERATOR INCLUDING ELECTRICAL WIRING AND APPURTENANCES FOR THE COLLECTIONS SYSTEM SERVICE BUILDING; AMENDING APPROPRIATION ORDINANCE NO. 220/2011; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A TWO-YEAR PROFESSIONAL SERVICES CONTRACT WITH KIKO AUCTIONEERS, INC. TO CONDUCT AUCTIONS AT THE CANTON SERVICE CENTER FOR THE SALE OF JUNK AND SCRAP ITEMS AND IMPOUNDED VEHICLES; AND DECLARING THE SAME TO BE AN COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -202- MINUTES OF THE MEETING MARCH 12, 2012 EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk. We’re now under Ordinances and Formal Resolutions for the Third and Final Reading and Vote. Would you please begin with Ordinance #11.. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 39/2012 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LEASE AGREEMENT WITH THE CANTON JOINT RECREATION DISTRICT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 11. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I have, this is a very historical building. I know that it’s the Amateur Sports Hall of Fame and since we are the Hall of Fame city, and what have you, I think we should acknowledge that fact and keep in mind that we should do everything we can to see that it is protected and it’s intact and it is on the historical list so therefore if it means down the road that we need to have some monies put into that building, I think we should do so. PRESIDENT SCHULMAN: Thank you. Any other remarks? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Yes, Member Fisher. MEMBER FISHER: Just real quickly. It’s been several weeks since this has gone through Committee, it was delayed. I know that we’re awaiting for the, for everything to be finished up on it. Would the Law Director or anyone from the administration just comment, were there any changes to this since it first came before the Committee? PRESIDENT SCHULMAN: Director Price. SERVICE DIRECTOR PRICE: Thank you Mr. President. No, the terms are essentially as were outlined in the COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -203- MINUTES OF THE MEETING MARCH 12, 2012 beginning. The snafu was really to secure the terms of the sub-lease to assure that the Amateur Sports Hall folks would be protected in this lease. The primary lessor is the Recreation Department and once those, that space was worked out and the terms were reached between the Rec Department and the Amateur Sports Hall, those terms by the way, did not subsequently impact the city at all. The Rec Department is still legally responsible for maintenance of the building and speaking of which, you know that is a concern of the Rec Department. That’s a concern of the city. The building is on the National Historic Register so there are standards. You know, we’re able to protect that space and in fact, that was also one of the negotiation points was that the, it’s probably the dining room of the original mansion, but the board room, there was talk about maybe breaking that space up. We didn’t allow that to happen so, but the terms are what they were when I came to Council initially. MEMBER FISHER: Thank you. PRESIDENT SCHULMAN: Any other remarks? MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Yes, Member Griffin. MEMBER GRIFFIN: Both parties have agreed to this contract? SERVICE DIRECTOR PRICE: Yes, Councilman Griffin. Both parties, the administration was represented. I was in that room. We had members of the Amateur Sports Hall, the President, as well as other members of the board, in fact I think the whole board may have been present and we also had several representatives of the Recreation Department, the Director, their President and all the parties seemed very pleased with the end result. MEMBER WEST: Service Director. There was a question brought up by Member Cirelli in reference to the building being maintained. My understanding is that the Canton Recreation Department is actually going to be maintaining the building and any costs associated with it and that’s why we’re giving it to them for $1.00 or so, right? SERVICE DIRECTOR PRICE: Yes. The long term lease we’ve had the past couple of decades with the Amateur Sports Hall has been for a $1.00 a year and lease obligation on them was to handle all the maintenance of the building. In the past, what had happened was, well that might have been their legal obligation, what ended up happening was the city would step forward and basically play catch up with issues in the building. Now there are some, I don’t want to call them major as though they’re structural or the buildings ready to fall down, but for a number of years there have been some roof leaks. There are some relatively serious issues in the building and so all those sorts of things will now be in the hands of the Rec Department which has a budget and understands that their going to have to cover those costs. Meanwhile, the Amateur Sports Hall is still contributing financially towards maintenance and utilities as well. PRESIDENT SCHULMAN: Any other remarks? MEMBER GRIFFIN: I have just one. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -204- MINUTES OF THE MEETING MARCH 12, 2012 PRESIDENT SCHULMAN: Member Griffin. MEMBER GRIFFIN: So each organization from the Hall is going to pay X amount of dollars a year to the upkeep of it. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: The Rec Department by the lease, because of its much more ample funding, is legally on the hook to maintain the building. The sub-lease however between the Amateur Sports Hall and the Rec requires that the Amateur Sports Hall pay a share of the maintenance and utilities for the building. PRESIDENT SCHULMAN: Anything else Member Griffin? Any other remarks? SERVICE DIRECTOR PRICE: Just one Mr. President. PRESIDENT SCHULMAN: Yes Director. SERVICE DIRECTOR PRICE: You know in some ways, this was a forced marriage between these two entities but I, in the end, I think it’s a great thing for the city and for the building and for both entities and I wanted to thank publically not only City Council for giving me the time to work this agreement out and for your support. I hope for this lease agreement, but I also certainly want to thank the Recreation Commission as well as the Amateur Sports Hall folks for cooperating, putting their, you know, differences aside and agreeing to an arrangement I think that in the end, the spaces are well defined and that hopefully the co-existence there benefits both entities. Thank you. PRESIDENT SCHULMAN: Thank you, Director. Any other remarks? Hearing none Madame Clerk, roll call vote please on Ordinance 11. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, no nays Mr. President. #11 ADOPTED AS ORDINANCE NO. 39/2012 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #11 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee meetings. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: Community Economic and Development, 6:30? COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -205- MINUTES OF THE MEETING MARCH 12, 2012 PRESIDENT SCHULMAN: 6:30 it is. Any other announcements? MEMBER WEST: Yes Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Thank you. Any other announcements? OK. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning to Miscellaneous Business. Is there any? MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: I guess I’ll direct this at the, oh the Mayor’s talking right now. For the lady, God bless her, who’s still there, approached me and wanted to know when we would be knowing something about jobs, summer jobs for the youth of the city. Maybe Mr. Price could you answer that sir. PRESIDENT SCHULMAN: Director. SERVICE DIRECTOR PRICE: You know we have our summer seasonal, casual program and that’s an every year program. In terms of a larger scale youth employment program, Mr. Williams is not at Council tonight unless the Mayor knows if we’re going to be able to offer you know, more expansive youth program as we have in the past. MEMBER CIRELLI: There again sir, somebody’s not hearing someone. MEMBER WEST: Mayor. SERVICE DIRECTOR PRICE: I mean, we are beginning, we’re going to begin shortly posting and hiring for our normal summer, seasonal and casual programs. I know some young adults and maybe even some 17 year olds are hired in that program. I just, I don’t know if we’re doing a more expansive youth development program but I’ll find out for you. MEMBER CIRELLI: Mr. President and Mr. Price. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: (Inaudible)...very much. Now, Mayor Healy sir. Mr. President, Mayor Healy. Are you hearing me? OK, thank you. Well, I kind of thought I better call your attention to that cause if Mr. Price didn’t get it I wanted to make sure that you did hear me sir. Is it to my understanding that your going to go to Germany to maybe, perhaps seek some jobs for our community. And this might be just a hearsay, whatever thing. PRESIDENT SCHULMAN: Mayor Healy. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -206- MINUTES OF THE MEETING MARCH 12, 2012 MAYOR HEALY: Yes we have the.... PRESIDENT SCHULMAN: (Made a comment in German asking if he spoke German) MAYOR HEALY: ...not much, thank you. We have, we’re part of Cleveland Plus which is a Team Neo organization which is the part of Jobs Ohio, the new structure for the Department of Development for the State of Ohio. They have meetings set up, also attending the trade show. The meetings are for companies that have interest in coming to Ohio and doing business and they have asked and in conversation invited me to join them as well as somebody from the city of Youngstown and we will be doing the interviews with these companies on behalf of northeast Ohio or Cleveland Plus. We will also be attending a trade show on the oil and gas industry and also a trade show in reference to food processing, companies like Freshmark and Park Farms and those types of industries. So we have agreed that we wanted to participate because we’ll have direct and immediate contact with companies that are currently seeking to locate and do business in Ohio and I’d like to do everything I can to A get them into northeast Ohio and B have an opportunity to get them into the city of Canton and this is, I think, a great opportunity for the city of Canton as well as Youngstown and for northeast Ohio and that is going to be at the end of the month. We’re very excited about it, yes. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: Thank you Mayor Healy. And last but not least, and Pat Kirk is still here. As she stated, seven years Pat? Just about seven years that this body has went on and on and on about trees. Isn’t that rather interesting. Now they’re living being remember and they’re trees and we all have them but everybody, that seems to be fine with this Council but two months for living creatures, cats and dogs and wildlife and we had to rush that through. I can’t figure that. Thank you. PRESIDENT SCHULMAN: Thank you Member Cirelli. Member Hawk. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: How good to hear from you sir. On a lighter more even note, we have a lady who generally attends City Council and is not here this evening, but I have it on good authority that she has a birthday this week so, if you see Miss Alice Sarver, please wish her a Happy 29th. PRESIDENT SCHULMAN: Thank you Member Hawk. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: We also have someone in our audience who’s been just honored recently at the marriage and family, what is that institute, no Save the Family. Roger Zachary just got honored to be married for 46 years. (APPLAUSE) 46 years is that correct? Go ahead, stand up it’s OK. Marriage is a good thing. You can stand up for that one. COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -207- MINUTES OF THE MEETING MARCH 12, 2012 PRESIDENT SCHULMAN: Anything else Member West? MEMBER SMITH: Well, since we giving out awards Mr. President.... PRESIDENT SCHULMAN: Yes, Member Smith. MEMBER SMITH: I’m, I have to tell this, Andrea Perry was just acknowledged as a Trail Blazer and she credited all to the administration of Mayor William J. Healy. (APPLAUSE) PRESIDENT SCHULMAN: Thank was just not the part about crediting Mayor Healy and his administration, that applause, by the way. OK. MEMBER GRIFFIN: Mr. President. I’m a Trail Blazer. SERVICE DIRECTOR PRICE: Mr. President. PRESIDENT SCHULMAN: I never doubted them Member Griffin. Law Director, I’m sorry Director Price. SERVICE DIRECTOR PRICE: Just to let you know so the information’s correct, our award winning Human Resources Director texted me while I was answering the question about the summer casuals. We are actually taking applications now and that program will begin May 1st. PRESIDENT SCHULMAN: Thank you. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President, Members of Council, as Ms. Kirk and Member Cirelli have stated the Tree Ordinance has been years in the making. Part of the reason is, it’s come through different administrations and Councils. There were some concerns both financial and practical. It is down now and it is about 9 pages so if in the next week you have any concerns, please take a look at it and we’ll discuss it in Committee next week. I’ll be here and I’ll note any concerns and try to answer any questions you may have. Thank you. PRESIDENT SCHULMAN: Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: A couple of quick comments. You know there’s a lot of emotion going on with this issue and sometimes we need to just be careful what we might say and how we might offend people and I don’t, we’re always painted with the same brush. All of us are put in a little thing together anytime anything negative goes on, you get blamed 100% for it. Things are going good, you’re questioned as to your involvement but I don’t like us attacking each other, OK. Mary, Mary you have people that read the Ordinances and you put a negative vibe out there into the minds of the audience that nobody reads Ordinances and nobody reads Communications and we don’t know what we’re doing basically. And to do that is not appropriate nor professional so, and to say that we, there’s going to be a problem if we’re not at the meeting tomorrow, we’re all very busy people. We’re on Boards, we work, we do a lot of things. We’re in our Wards COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -208- MINUTES OF THE MEETING MARCH 12, 2012 working hard so don’t go to the meeting tomorrow and criticize the people that aren’t there because they may be somewhere else taking care of a major problem that they have. I know I will be. Thank you. PRESIDENT SCHULMAN: Thank you Member Dougherty. MEMBER CIRELLI: Mr. President. PRESIDENT SCHULMAN: Member Cirelli. MEMBER CIRELLI: The meeting’s not tomorrow. PRESIDENT SCHULMAN: I understand. MEMBER CIRELLI: It’s Wednesday and Miss Kirk was saying she didn’t get a chance to tell us when that meeting was going to be, you know, extended to and so I think she should tell us or call the office and let us know when the tree people are all coming for the convention that you were hoping to have. PRESIDENT SCHULMAN: OK. MEMBER CIRELLI: OK, thank you. I just thought we missed out on that. I was waiting for whenever she, Mr. President, she was making her presentation. I was waiting to hear her say that and Mr. Dougherty if you don’t like what I do and say, you can follow me around and criticize me then. Thank you. PRESIDENT SCHULMAN: OK. MEMBER DOUGHERTY: Oh, I won’t follow you anywhere. PRESIDENT SCHULMAN: Alright, well. I just want to kind of echo what Leader Dougherty said but from a different prospective just briefly. You know I’m very, I’ve been very proud and I have been since I was privileged to assume this Presidency of Council to work with Members of Council. I wish the, I wish the people from, particular the animal control people who spoke tonight were still here. The fact of the matter is public service is a body of work, it is not a single piece of any legislation and I think you’re all to be commended. We did hear and I know you heard these statements loud and clear. That was my point. That we heard you. We heard the people in the audience who are to be commended and applauded for coming down and taking their time. This is a serious issue to them. It’s a serious issue to me. It’s a serious issue to every Member of this Council. I would venture to say probably all of you have pets at home or have loved ones who have pets. Nobody wants to see a pet harmed. No one. Nobody I don’t think wants to see wild animals destroyed if it can be avoided so, from that prospective you did a very good job. You had a tough decision to make. Some of you fell on one side, some of you fell on the other. I will say this for the record, I would certainly strongly suggest that Animal Control Officer Sedlacko watch his conduct very carefully because not only will we be watching him, not only will Member Barton be watching him, I know through his Committee, but so will the public. So this is a message to him. He should clean up his act. What I saw in that video was reprehensible and unacceptable but again a life is simply a total body of work. Some people make mistakes, some people have bad days. That does not excuse what he did, but nevertheless, he’s been given a second chance so I’m sure that we’ll be keeping a very close eye and that contract to my understanding says it can be terminated by either side at any time for any reason. So with that said, you’re all to be congratulated. It was a COUNCIL PROCEEDINGS JOURNAL 100 JOURNAL PAGE -209- MINUTES OF THE MEETING MARCH 12, 2012 tough issue. I hope the people and I know Member Barton has indicated that he’s still willing to work on this neuter and release program and I know Member Barton he’s a man of word. He knows what he’s doing and he’s certainly available to listen. So with that, any other remarks? Hearing none, Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we adjourn. MEMBER BARTON: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL: 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. A safe trip home everyone. (Gavel falls) ADJOURNMENT TIME: 9:41 P.M. ATTEST: MARCH 19, 2012 APPROVED: MARCH 19, 2012 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 12, 2012 ROLL CALL: Eleven Council Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Mack Absent INVOCATION: Chris Sm ith, W ard 4 Council Mem ber PLEDGE OF ALLEGIANCE: President Allen Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#3 and 2 nd Rdg O#4 - O#10; O#3 Adopted on 1 st Rdg) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Monique Davis re: Relayed her dism ay about the lack of m inority business; Joseph Eldred re: Asked for support for the Tim ken High School Band; Patricia Kirk re: Advising that the Tree Com m ission Academ y dates have been changed; Jalah W em usa re: Discussed the need for activities for kids in the City; Jam es Parker re: Discussed his previous request of honoring Alan Page; Dana Ray, Toby Franks, Jeff Dorson, Steve Silver, Vicki Boatright, Judith Snyder-W agner, Veronica Dickey, Carolyn Metz, Nancy Hinei, Judy Palm er, Donna Federer, Mackenzie Sm ith, Laura Larke, Jeanette Morris, Elena Johnson, Denise Dorland, Marcia Zawacky, Pete DiGiacom o re: Discussed feral cats and/or anim al control issue. INFORM AL RESOLUTIONS: 25. PERSONNEL COMMITTEE: REQ CONFIRMATION OF APPT OF CLASSIE GROCE TO FAIR HOUSING COMMISSION FROM 4/1/12 - 3/31/17. - ADOPTED COM M UNICATIONS: 111. HEALTH COMMISSIONER ADAMS: REQ TO CHANGE FUND TITLE & APPROP $75,000.00 FROM UNAPPROP BAL TO FUNDS OF 2317 LOCAL HEALTH ASSESSMENT & ACCREDITATION FUND TO 2317 LOCAL HEALTH ASSESSMENT & ACCREDITATION FUND - OTHER. - FINANCE COMMITTEE 112. JUDGES: KUBILUS, POULOS, FALVEY, AND BELDEN AND CLERK OF COURTS, GIAVASIS: REQ THAT THE COUNCIL HONOR THE BUDGET THAT W AS NEGOTIATED, REDUCED & MUTUALLY AGREED TO IN GOOD FAITH; REQ RETURN OF JUDGES ADMINISTRATION & CLERK OF COURTS 2012 GRF BUDGETS BACK TO THE NEGOTIATED LEVEL. - RECEIVED & FILED 113. LIQUOR CONTROL DIVISION (OHIO): REQ D5 LIQ PERMIT TRANSFER FROM MARGARET K HAAS DBA T BIRD TO ANGELA SEIFER @ 1425 15 TH ST SW . - RECEIVED & FILED 114. SAFETY DIRECTOR REAM: REQ AUTHORIZING $750.00 MORAL OB TO MARK I. LURIE INC. (ARBITRATOR). - FINANCE COMMITTEE 115. SERVICE DIRECTOR PRICE: REQ TO ADVERTISE, REC BIDS, AW ARD & EXECUTE CONSTRUCTION CONTRACT FOR STA-SR43-12.64, W ALNUT/CHERRY COMPLETE STREETS PROJ, PID 91592, GP 1153; EXECUTE PROF SVCS CONTRACT FOR CONSTRUCTION ENGINEERING SVCS; REC TRANSPORTATION REVIEW ADVISORY COUNCIL FUNDS IN AMT OF $1,500,000.00 FOR PROJ THRU ODOT TO FUND COST OF BOTH CONSTRUCTION & CONSTRUCTION ENGINEERING CONTRACTS; MAKE $1,500,000.00 SUPP APPROP; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS DULY APPROVED BY PROPER AUTHORITY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 116. TREASURER SCHIRACK: COMPARATIVE RPT OF CASH RECEIPTS AS OF 2/29/12. - RECEIVED & FILED 117. TREASURER SCHIRACK: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR FEBRUARY 2012. - RECEIVED & FILED 118. TREASURER SCHIRACK: RPT OF PARKING METER REVENUE FOR FEBRUARY 2012. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND CHAPTER 917, TREES, OF THE CODIFIED ORDINANCES OF CITY OF CANTON Referred to Judiciary Com m ittee 1 ST RDG 2. AUTHORIZE MAYOR &/OR SERV DIR TO ENTER INTO CONTRACTS W /LOCAL AGENCIES IN AMT NOT TO EXCEED $390,000.00 IN HOME FUNDS; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 12, 2012 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: (COUNCIL RECESSED AT 8:44 P.M. FOR THE JUDICIARY AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCE #3; RECONVENED AT 9:06 P.M.) 38/2012 3. AUTHORIZE SAF DIR TO AMEND PROF SVCS CONTRACT W /PHILIP SEDLACKO FOR ANIMAL CONTROL SVCS FOR CITY; EMERGENCY Referred to Judiciary & Personnel Com m ittees ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#4 - O#10) 2 ND RDG 4. AMEND APPROP O#220/2011 TO APPROP ADDITIONAL MONEYS NEEDED FOR OPERATING EXPENSES OF CITY OF CANTON FOR REMAINDER OF FISCAL YR 2012; EMERGENCY (FIN) 2 ND RDG 5. AMEND O#22/2004; EMERGENCY(CORRECTION OF VACATION PLAT - LAW N SW -DUMONT’S) (PS&T) 2 ND RDG 6. AUTHORIZE LAW DIRECTOR TO ENTER INTO CONTRACT W ITH BELOW -NAMED CITIES AND VILLAGES TO PROVIDE LEGAL REPRESENTATION CONCERNING THE PROSECUTION OF CRIMINAL CASES & RELATED MATTERS BY THE CITY PROSECUTOR’S OFFICE; EMERGENCY (FIN) 2 ND RDG 7. AUTHORIZE MAYOR TO ENTER INTO PROF SVCS CONTRACT W ITH BLACK, MCCUSKEY, SOUERS & ARBAUGH IN AMT NOT TO EXCEED $30,000.00 TO PROVIDE SPECIALIZED LEGAL ASSISTANCE W /W RKS’ COMP CASES; AMEND APPROP O#220/2011; EMERGENCY (FIN) 2 ND RDG 8. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W ITH W ESTERN STATES CONTRACTING ALLIANCE (W SCA) FOR PURCHASE OF SPRINT EQUIPMENT & W IRELESS COMMUNICATION SVCS FOR POLICE DEPT; RATIFY ANY ACTIONS TAKEN BY SAFE DIR; AUTHORIZE AUDITOR TO PAY A MORAL OB TO SPRINTCOM EQUIPMENT CO., LP; EMERGENCY (FIN) 2 ND RDG 9. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO CONTRACT FOR PURCHASE OF STANDBY GENERATOR INCLUDING ELECTRICAL W IRING AND APPURTENANCES FOR COLLECTIONS SYSTEMS SERV BLDG; AMEND APPROP O#220/2011; EMERGENCY ($100,000.00) (PPCI & FIN) 2 ND RDG 10. AUTHORIZE SERV DIR TO ENTER INTO A TW O-YR PROF SVCS CONTRACT W ITH KIKO AUCTIONEERS, INC. TO CONDUCT AUCTIONS AT CANTON SERV CTR FOR SALE OF JUNK & SCRAP ITEMS AND IMPOUNDED VEHICLES; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 39/2012 11. AUTHORIZE SERV DIR TO ENTER INTO LEASE AGMT W /CANTON JOINT RECREATION DISTRICT FOR CITY OW NED PROPERTY @ 1414 MARKET AVE N; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M ARCH 19, 2012 in Council Caucus Room at 6:30 P.M . 1) Com m unity & Econom ic Developm ent 2) Judiciary Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Cirelli re: Asking about sum m er jobs for the youth. Also asked the Mayor if he is going to Germ any for jobs for the com m unity. Discussed the Tree Ordinance and Anim al Control Ordinance; Director Price re: Advised that the City is taking applications now for the hiring process that begins May 1 st; Mayor Healy: Advised that he is involved in Cleveland Plus organization and will be doing interviews on behalf of them for business to com e to the area; Mem ber Hawk re: Announced that Alice Sarver’s birthday is this week; Mem ber W est re: Announced that Roger Zachary was honored for being m arried for 46 years; Mem ber Sm ith re: Announced that Andrea Perry was honored as a Trail Blazer; Law Director Martuccio re: Asked that everyone review the Tree Ordinance and contact him with any questions or com m ents; Mem ber Dougherty re: Expressed his dism ay that Council Mem bers have offended and attacked each other. ADJOURNM ENT: 9:41 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 19, 2012 @ 7:30 PM

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