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City Council

Regular Meeting

Canton, OH · June 2, 2014

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Minutes

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -371- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Welcome to Canton City Council. We appreciate you all being here this evening and with a quorum present the Chair does call this meeting of Canton City Council to Order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All Present, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. We have all our members present tonight, so we’ll go to our invocation which is going to be given by my good friend and Council Member, Greg Hawk, and Chairman of the Finance Committee. If you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on June 2, 2014 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Council Member, Greg Hawk. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Hawk. We’re now under Agenda Corrections and Changes, Leader. MEMBER MORRIS: Mr. President, I move that Rule 22A be suspended to add 2nd Readings of Ordinances #17 through and 22.... and number 23 will...oh, no, I’m sorry. I apologize. (Laughter). PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 17 through 22 to this evening’s agenda. Any remarks? Hearing none. Madame Clerk, again, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The Motion carries. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings and we have none scheduled this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business and I’ll ask the Mayor’s Chief of Staff, Fonda Williams, to address. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -372- MINUTES OF THE MEETING JUNE 2, 2014 CHIEF OF STAFF WILLIAMS: Thank you Mr. President. At our May 19th meeting, we had several people that came to public speaks to address the body. The first one was Mr. Steve Silver, who asked Council to put an actual policy in place before hiring another animal control officer. Mr. Greg Sanford talked about a couple of problem properties on Henry Avenue SW. Those have been turned into the appropriate departments. Mr. DiGiacomo had requested from the Administration to consider officers on I77 to write tickets and collect the appropriate fees. That was relayed to the Police Chief, Mr. DiGiacomo, and also, Mrs. Carol Metz had several issues. One was with the demolition status of Convoy Containers, which is still being investigated by our Law Department. ....and also semi trucks driving up and down Gross Avenue and 22nd Street, and that also has been discussed with our Police Department and also other various city departments. That concludes Old Business, Mr. President. PRESIDENT SCHULMAN: Thank you very much Chief. We appreciate it. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We do have 6 public speakers tonight. If you’ll all just remember that we have a 3 minute limit on public speaks. We’ll all be here after the meeting to address any other concerns that you may have. Our first speaker is Patricia Kirk. Ms. Kirk, as always, welcome to Canton City Council. If you’ll step forward and give us your name and your residential address, please. PATRICIA KIRK: Hi, my name is...nothing’s on....am I on? PRESIDENT SCHULMAN: You’re on....yes. PATRICIA KIRK: Ok, thanks. Hi my name is Patricia Kirk. I live at 131 - 5th Street NE and I’m the President of Downtown Central Neighborhood Association, as you probably already know. It was really great, kind of interesting back there. It was really great to see our much needed walk-about patrol person Thursday and Friday, downtown. She covered a big area. We miss our former bicycle patrol that we used to have, a T3, 3 Wheeler was used the next day. I’d suggest getting more for the city, if possible. After all, we can afford to drench Market sidewalks, and this is true, with herbicides regularly, when people of all ages are using them and newer sidewalks are rebuilt. While broken sidewalks are kept. Now, Downtown Central Neighborhood Association has saved the city more than $12,000.00 and just building the walls, landscaping, weeding, mulching, and planting Kresge lot as the weather makes it available. I was told, after all that work, that no flowers would be planted in Kresge lot because the Mayor would only use the water on the tree pit flowers. I called the City and asked permission to use the spigots on the fire hydrant for almost 200 flowers planted the next day by D.C.N.A. There was no return, but the next morning all spigots were removed. No water. Why doesn’t the City appreciate the free labor of neighborhood associations, of which there are fewer in the City of Canton? They know what makes Canton tick. They live here. Thank you very much. PRESIDENT SCHULMAN: Thank you, Ms. Kirk, very much. (Applause). Our next speaker is Joyce Angerer. I hope I’ve...I think I’ve pronounced your name right... JOYCE ANGERER: ...Unfortunately you did....before you pronounced it... PRESIDENT SCHULMAN: No, I...you have a fine name, I just want to make sure I pronounced it. If you’ll give us your name and your residential address, please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -373- MINUTES OF THE MEETING JUNE 2, 2014 JOYCE ANGERER: Thank you. My name is Joyce Angerer. I live at 5801 Echodell Ave. NW, North Canton. I was born and raised in Canton and I am a member of the Canton Chamber of Commerce. I care about our city and that is why I’m here today, in response to Councilman West’s request for Canton to enter into a contract for an Animal Control Officer. Since the City of Canton has a new Safety Director, I would like to provide Director Perry with some information that should be considered before approving a new contract for an Animal Control Officer. January 2012, Canton City Council was filled with citizens outraged over the killing of cats and kittens by the Animal Control Officer who was hired by the City to patrol the rodent population, which was to consist of skunks, opossums, and racoons. March of 2012, National Cat Advocate, Alleycat Allies, along with some City Council Members, Frank Morris and Mary Cirelli, held a community meeting at the Canton Library. The turnout was overwhelming, with standing room only. Councilman West was present, informing everyone he was unaware of Trap, Neuter and Return, and was open to learn more about it. The meeting ended with volunteers completing applications to help Canton implement using Trap, Neuter and Return. Through April to June, 2012, Canton Trap, Neuter and Return Sub- Committee was formed, directed by Councilman Morris along Mary Cirelli, and Health Director Jim Adams. They, along with various volunteers, of which I was one of, worked on a Trap, Neuter and Return policy. During this period, Alleycat Allies returned to offer the City free spade neutering, which resolved in fixing 108 cats and vaccination for free. Ending 2012, Councilman Morris approved the Trap, Neuter and Return policy but Canton no longer had an Animal Control Officer. I contacted Law Director, Attorney Martuccio. He advised me that the policy could be turned into rules, that could be attached to the City’s new contract when the City approved hiring a new Animal Control Officer. June 2013. Request from Council to Hire an Animal Control Officer. Then Safety Director Warren Price made a request in June 11th’s Repository that we need to find a more human way to deal with this problem, and it’s going to require a community solution. Ending 2013, no Animal Control Officer was hired. To present, Request made by Councilman West to hire an Animal Control Officer. Including a Trap, Neuter and Return conditions, in the Animal Control Officer, would demonstrate a positive and human approach, which is what the community is requesting. I have made copies for each of you and requesting Safety Director Perry and District Attorney Martuccio help council in adapting a trap and neuter return for Canton and the community into the contract. Thank you. PRESIDENT SCHULMAN: Thank you very much. We appreciate it. (Applause). And no one appreciates it more than District Attorney Joe Martuccio. (Laughter). Gonna change the ....much better title. Our next speaker is Tracy Cotopolis. Good evening, if you’ll step forward please and give us your name and your residential address, and welcome. TRACY COTOPOLIS: My name is Tracy Cotopolis and my address is 3520 Greenhill Cabin Rd. I live in East Sparta. I was asked by a handful of my peer group (inaudible) in regarding the Animal Control Officer, to speak about what my group does. I’m the founder and President of Spay Neuter Ohio, which was formed as a non-profit corporation in 2011, with tax exempt status confirmed. I’m speaking to you today about our group’s offerings. Spay Neuter Ohio is an all volunteer, grass roots group that provides access to low cost spay neuter services in our community. There are about 15 of us and we all work full-time or part-time jobs, but we love animals enough to give of our rare free time to provide this service. The goal for our organization is simple, to provide local low-cost spay and neuter services in our community, where boots-on-the-ground local fund-raising, along with these services, accomplish the greatest good. Here’s how it works: we host clinics using one of the traveling surgical units operated by the Rascal Unit out of Dublin, Ohio. This unit provides the surgical and medical services for the animals. The 2 mobile surgical units travel throughout Ohio to provide low-cost spay and neuter and other veterinary services. On any given day, one of the units is able to spay or neuter up to 30 dogs and female cats and an additional 20 male cats, in addition to vaccinations and COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -374- MINUTES OF THE MEETING JUNE 2, 2014 flea treatments. All services are by appointment only, this is not a walk-in service. Pet owners contact us and we schedule them into a clinic. Hours run from the animals being dropped off at 9:30 and pick-up between 6 and 8. Our group handles the scheduling, all communication with the clinic participants and the finances. We found that pet owners overwhelmingly welcome this opportunity to obtain these services for their pets at reduced costs. Our clinics fill in less than 2 weeks from the day we begin accepting appointments and we usually have 5 to 10 folks on the waiting list. The majority of our clients clearly cannot afford traditional veterinary services. We receive money orders for deposits, and guardians have even brought in rolled coins to pay for their surgeries. Many are shut-in and need to arrange for friends or relatives or even Spay Neuter Ohio volunteers to help them bring their animals to our clinics. Some appointments are made by social workers whose clients are in housing situations that require their pet, often their only companion, to be altered. In many, many cases, if it were not for services like ours, their animals would not be altered. We have also hosted clinics for other local trap, neuter, and release organizations. These trap and treat clinics can halt the growth of feral colonies and stray community cats and allow these populations to reduce humanely and naturally. Promoting stable, non-breeding colonies is far more cost effective than trap and kill. It’s estimated that it costs our animal control facilities between $100.00 and $125.00 to pick up and euthanize a feral cat while sterilizing the same animal costs $35.00 to $55.00 at a typical low-cost clinic. To date, Spay Neuter Ohio has hosted clinics in Stark, Harrison and Jefferson Counties and we are proud to report that we have provided over 1400 spays and neuters. We are currently in the process of researching and procuring our own mobile surgical unit by the end of the year, to better serve the needs of our community and we plan to be able to provide increased access to these services in 2015 through the acquisition of this unit. We look forward to the possibility of working with City Council to provide these services. I have some newsletters and some schedules if you’re interested, more information about what we’re doing. We’re really trying to help locally provide access to Spay Neuter. Thank you. PRESIDENT SCHULMAN: Thank you so much. Thank you. (Applause). Thank you. You and your organization for everything that you’re doing. Our next speaker is C. David Morgan. Pastor Morgan, welcome as always. If you’ll step forward and give us though, your name and your residential address for our record, please. C. DAVID MORGAN: David Morgan. I live at 922 - 27th Street in the city of Canton. I’m here to commend to you again, the Beautify A Neighborhood program that you have graciously provided through the City Service Departments. Generally I tell you this is a good thing for neighborhoods and it’s a good thing for us to sit down with those who work for the city and eat and work shoulder to shoulder to help a particular neighborhood, and that’s all true, but I hope you realize it’s also one of the best PR things that you have going for this city, because when people can talk to the folks who are actually out there shoveling the stuff into the potholes and cleaning and the gutters and noting the places that need additional work that can’t be done by residents, you really get some good PR. People begin to feel like they have a city that cares about them and is willing to work with them and it’s just really good PR. It goes a long ways to overcoming the stuff that gets passed around on the internet in the name of statistical analysis about cities and I would urge you to expand that program. It’s limited because we’ve got a limited number of employees. We have a limited number of days that it can be done, but if you can expand that program, it goes a long, long way to helping the citizens of this city feel really good about being able to do something with the people who work for us to make our city better. We had a good day today and again, I commend the...particularly the workers of the Street Department for their help and for all of you have made these things possible and for those who came out today, in the Colonial Heights neighborhood. I hope other neighborhoods will take advantage of this as well. Thank you. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -375- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Thank you very much Pastor Morgan. Our next speaker is Steven Silver. Mr. Silver, as always, welcome to Canton City Council. If you’ll give us though, your name and your residential address for our record. STEVEN SILVER: Thank you. Steven Silver. 2007 Kirk Ct. NW, Canton. I also want to speak again about the animal control issue. A lot of you remember me from a couple years ago speaking and thought I was very pro cat, which I am. And I spoke about the cats, but I advocate in my personal life and my professional life, I’ve always advocated and continue to do, will always do for those who cannot advocate for themselves. Whether it was being a Guardian-Ad-Litem, whether it’s working at my job, whatever it is. I feel that animals, whatever they are, deserve the right to live. I emphatically disagree with Kevin Fisher, last council meeting, who said that in trying to catch a cat, he caught 4 other cats and an opossum, and “that’s not what city life is to be honest with you”, he said. I’ve lived in this city, and I’m sure longer than Councilman Fisher has, there have always been animals there. There always will be animals there. For every animal that we remove from an urban space, another will take its place. Whether you’re a fan of wildlife or not, we must remind ourselves that the ones moving into their nat...we are the ones that moved their natural environment. They deserve a chance to live. If you want to have an Animal Control Officer, then get a plan together. You’re big on plans. You’re just spending how much money was it to make a plan for the City again, after how many of them. Get a plan. There’s a plan that all of you have gotten that Joyce Angerer just gave you. If you don’t have one, I’ve got several copies up here. If you don’t want to use this policy and this plan, please get your heads together, think of one. Contact the City of Dayton that just got a $160,000.00 grant to operate a Trap, Neuter and Return Program. Find something to do with the animals that you catch, and please try to employ the person that would be best suited for this job. Something that will follow State and Federal regulations, not just someone that’s doing a gratis turn for you here or there. And I’m not saying anything against anyone, I’m just saying there were a lot of people speaking against the last Animal Control Officer, the last time. All I’d ask you to do is post the position and let a lot of people apply for it and then have a plan. Have a plan of what to do with the animals when we catch them. Whether they’re cats, whether they’re racoons, whether they’re opossums, whatever they are, have a plan and what to do with them. They deserve the right to live, just like you and I. Thank you for your time. PRESIDENT SCHULMAN: That you Mr. Silver, very much. Our last speaker is James Parker. Mr, Parker, as always, welcome. If you’ll give us your name and your residential address for our record please. JAMES PARKER: As you indicated, I am James Parker. I do reside at 630 Penny St. SE in the city of North Canton. I commend Officer Silver on his remarks and I suggest that they take some of these wild animals and put them on display in a habitat humane to their surroundings in the new Mother Gooseland so that we can all enjoy a little bit of wildlife. I approach you tonight with neither rank nor bitterness, but first I’d like to thank y’ins for...as we say in Ohio, y’ins, for approving Ralph Hay Way, about 8, 9 months back. We’re expecting the signage to come up soon. Thanks to the City Engineers, Public Relations Firm, WRL, and Dr. Jim King. You’ll notice a QR code on some of the signs that will take you to the Hay for Hall website. There will be a push for Ralph Hay to be enshrined. He’s a forgotten pioneer of the NFL. If you notice today’s Canton Repository, the 2 NFL players sue the City of Canton for tax dis..., Cleveland, excuse me, for tax discrepancies. My questions that this begs, to Canton is, do the Buffalo Bills and New York Giants pay their share of taxes this year when they play in the Football Hall of Fame game? As I’ve indicated, Roger Goodell will not have to pay on his $40,000,000.00 a year projected salary next year because they are a 501.C.6, non- profit, and they don’t have to give to charity. They gave $2,100,000.00 to our $20,000,000.00 rebuild. Let’s COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -376- MINUTES OF THE MEETING JUNE 2, 2014 hope they can find at least that much, perhaps quadruple that, for the Fawcett Stadium, if they’d like their name on it since they may not be paying these taxes and this would be an oversight perhaps or some States and Cities do it and some don’t. I say we press them for it. Because the NFL themselves are not paying their hotel taxes and things when they pull out their tax-exempt cards, but the teams themselves are probably corporations and the players themselves, and I think this does beg being addressed. Lastly, this Downtown Development Plan of 2013, that came out in May 2014, interestingly it was issued the day after you okayed $350,000.00, it was withheld from you, claiming they were at the printers, these liars that came to you and got $200,000.00 that will cover 1 of their salaries. They withheld that report that they could of printed at their business, in their backyard. I don’t know who they said they had to send it to, Gutenberg, or something. It came out, finally. Obviously it really doesn’t bother anybody, so I’ll gloss over that. The new that you just spent, that one was $110,000.00, so let’s look at that one. If you open it up to the area that says Kresge Lot. Which is the Kresge Lot, if you want to call it Market Square, fine. It does need renamed it said. You paid for this information. I came to you a long time ago and said it could be Marion Motley Field. To project on the Renkert Building, Motley, and football images. He also addresses the Renkert Building and says it needs enhancements, which are echoing my sentiments precisely. The Hall of Fame city should have a theme and image to reflect its heritage and self image. Thank you very much. Goodnight. PRESIDENT SCHULMAN: Thank you Mr. Parker. Ok, that concludes Public Speaks. As always, we appreciate hearing from you and your views. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We turn now to Informal Resolution #28. Leader. #28. COUNCIL AS A WHOLE: OPPOSING AM SUB HOUSE BILL #5. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #28. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 28. Any remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Can we have a layman’s... term...under a layman’s...what’s the word? Description of what House Bill 5 is? PRESIDENT SCHULMAN: I was actually going to ask the Chief Deputy for the Treasurer’s Office, Mr. McEnaney to give us some overview as to what the State is doing to us next. DEPUTY TREASURER MCENANEY: Mr. President. Members of Council, House Bill 5 is part of the continuing saga in the State and General Assembly to achieve municipal tax uniformity among all of Ohio’s COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -377- MINUTES OF THE MEETING JUNE 2, 2014 520 plus Municipalities that are ... and villages that are imposing a city income tax. It is an ongoing thing. The last one that made its way through the General Assembly was House Bill 95 in 2003, and it did achieve a lot in terms of municipal tax uniformity but it did it in such a way that it wasn’t costing the cities anything. In fact, it was clearly the objective of that was specifically municipal tax uniformity. Here, that are other things at play, there are clearly business interests at play and this legislation has demanded substitute Amended House Bill 5...Amended Substitute House Bill 5, is not at all revenue neutral. In fact, it appears the Treasurer’s Office has estimated that this, as it stands, this Amended Substitute House Bill 5, will cost the City of Canton approximately $750,000.00 a year in income tax revenue. So, it goes beyond simply revenue neutrality. Additionally, if I may, there are a couple of points that I’d like to make. The Treasurer has asked, we send this down to the Ohio Municipal League and there response...almost all, a lot of cities are adopting a similar resolution, to oppose, strong oppose Amended Substitute House Bill 5. Many of them are basing their Resolution on boilerplate language from the Ohio Municipal League or something cool that other cities are doing and so they’re throwing it into their Resolution. There are a couple of points in our Resolution, the City of Canton’s Resolution that the House Bill has not...excuse me...the Senate Finance Committee has not seen yet and has not vetted yet, we’re told by the Ohio Municipal League, and so I would like to take a minute to highlight those for you. The first is in the...one, two, three... fourth Whereas...fifth Whereas. Whereas Amended Substitute House Bill 5 will effectively defeat its purpose of municipal tax uniformity by allowing the addition of a 2% shareholder’s insurance premiums either to qualifying wages or to an S corporation’s ordinary income for municipal income tax purposes, or both. I’ll try to do it quickly because I know when you talk about the taxes, everybody’s eyes start to glaze. Essentially, what we’ve got here is an S corporation is a corporation that has elected, for tax purposes, to be treated as a partnership. Now, when an employee has health insurance premiums paid, and retirements paid, etc, that is not considered taxable employee, compensation to the employee; however, if you’re self employed or if you are a partner in a partnership, those premiums paid for your health insurance, or those premiums that are paid for your retirements, etc., those are under your control. That’s compensation...you can say, okay, I’m gonna lower my wage by that amount and I’m going to throw it into my retirement and so, as a result for tax purposes, that’s considered taxable. Previously, the way it stands after House Bill 5 and 718 of the Revised Code which governs the taxes now, or which sets the standard for the taxes now, the 2% shareholder’s insurance premium which is included as wages on the W2, is excluded for municipal tax purposes. It is not part of the qualifying wages and...but...the way that the tax is imposed is on the entity which takes the deduction. The cities then add that back to their ordinary income and tax it to everyone because they’ve added it back. This Amended Substitute House Bill 5 has taken out the language that..or has included language in the definition of qualifying wages which now will allow this to be included and so some cities are going to and some cities are not and then other cities are going to add it back to the ordinary income and some cities are going to do both. So, essentially, double tax at the same income. That has not been brought up before in the Senate Finance Committee. My understanding is that it was not brought up in the House and so, when we sent this down to the Ohio Municipal League, they said it’s not vetted but they’re going to have to take a look at this and as a result of that, the Treasurer wanted me to highlight that for the floor that’s in Council. MEMBER WEST: Mr. President. Just real quick. PRESIDENT SCHULMAN: Member West. MEMBER WEST: What’s the chances of this passing? DEPUTY TREASURER MCENANEY: Amended House Bill 5? COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -378- MINUTES OF THE MEETING JUNE 2, 2014 MEMBER WEST: Yes. DEPUTY TREASURER MCENANEY: It has been adopted, or...it was amen....House Bill 5 was introduced in the General Assembly and it made most municipal tax authority’s heads spin. Not from a lack of understanding, but more of an exorcist spin because it is not revenue neutral and it is, it is achieving much more than simply municipal tax uniformity. As a result, the Ohio Municipal League immediately got involved and there were selected members of the General Assembly, the Ohio Municipal League, and a number of Municipal Tax Authorities through the State and they all negotiated and they said, “look, here are the issues that we have with House Bill 5. These are the ways to fix them”, and it was a whole co-operative thing. At the very last minute, House Bill 5 was pulled, it was substituted with something that was not negotiated, and again, is not at all revenue neutral regardless of all the work that had been done...you know...aside. It’s now something that’s brand new and it did pass the House. PRESIDENT SCHULMAN: Mayor Healy did you want to make a comment, and then I’ll...(Inaudible) MAYOR HEALY: Thank you Mr. President, and I’ll remind this Council that House Bill 5 was introduced over a year ago the General Assembly...the legislature. This was the Bill, just to remind you, that they were trying to collect our income tax at the State level and divvy it back up to us, if you remember that conversation. This body did pass a Resolution opposing House Bill 5 last year, and we are on record along with virtually every other city in the State. And as mentioned, they just came up with a new version of it and now it’s an Amended Bill, so this Resolution will actually be addressing the amended version of this. In addition to the collecting taxes at the State level, which were able to fight in the Municipal League at the State level, there was another issue that was out there that basically said that cities like ours would not be allowed to tax people that did not live in the City but worked here. Think about that for a second. If you came into the City for a job but you lived in one of the Townships, we would not be allowed to tax you. That did not make it into this version of the bill; however, they did insert language into the State’s...the Governor’s bi-annual budget adjustment that just passed 2 weeks ago in the State House, that’s requiring our cities to start reporting the exact breakdown between residents that are paying taxes and non-residents that are paying taxes so they can actually see what those dollars are, which is the first step for them trying to take that. So, that’s another issue that’s in Columbus going on right now, that started from this piece of legislation that is no longer there. This is a horrible Bill for cities and I applaud Council for adding another Resolution with the amended version because we need to stay on top of this because these ideas are destroying our cities. It’s just a continuation of cutting the local tax fund and eliminating the inheritance tax, getting rid of the tangible personal property taxes and the continuing attacks on the revenue streams that we have here for local governments. Thank you. PRESIDENT SCHULMAN: Member Fisher: MEMBER FISHER: I was just going to take a 30 second crack at the layman’s version of that, that was the original question. (Laughter) If I’m not mistaken, this would change the...currently in the State of Ohio if you work 12 days, I believe is the number in the city, on the 13th day, you pay city taxes, this would bump that up to 20. So, if you think about a 5 day work week, you could work in the city for roughly a month and not pay any income taxes on that. I believe I’m correct on that number, I didn’t look at the last version... MAYOR HEALY: And the 20 day issue, you would not pay taxes for the first 20 days, where now you do pay it from day 1, so you would basically be tax-exempt for your first 20 days or 1st month of working. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -379- MINUTES OF THE MEETING JUNE 2, 2014 MEMBER FISHER: It also allows you, Mr. President, it would also allow companies to take an operating loss for 1 year, let’s see, buy a large amount of equipment in 2014 and you’re gonna take a huge loss, it would require that you can write that off as a loss, carry that forward for 5 years, so even for the next 4 years, if you make money in the City, it would be taxable, you can use those operating losses to reduce or eliminate your taxes for the next 5 years (Inaudible). I believe that’s the change, I think we have something similar to that, but I don’t think it’s at that extent. But anyways, 30 second version of trying to answer the layman’s answer to that. PRESIDENT SCHULMAN: Thank you Member Fisher. Well, the bottom line is, $750,000.00 from our General Fund. We sit here every week fighting about our money; where is it coming from; how are we going to fund anything in the city, including animal issues, which by the way, maybe you guys could go to Columbus and start complaining to them a little bit because they have the purse strings and they’re killing every urban area in the State. Finally, it’s my recollection, and Mayor, you correct me if I’m wrong, the Senate Finance Committee’s Chair is Scott Oelslager. So, we have asked him, as you can recall, and our Clerk is sending it out every week, we’ve asked every member of the State Legislature to come here as our guest, to explain what they’re doing to urban areas in our State. So far, no takers. So, the audience, you voters, Scott Oelslager, he Chairs the Senate Finance Committee. You care about local communities, you care about local issues, well they all come from the State, they all from Columbus, ultimately in Financing and helping us control these local issues. Without the money we can do nothing and it’s killing us. So, with that, any other remarks? Hearing...Law Director Martuccio. LAW DIRECTOR MARTUCCIO: One more issue worth mentioning. You as a ... you as the legislative body of the City of Canton are charged with one over arching purpose, and that’s the look after the health, safety and welfare of your constituents and the people who live and use our streets. You are constantly aware of that, you are constantly trying to do that by getting more police and fire, and other offices staffed. Obviously, by the State’s diminishing us by several hundred thousand dollars, it compromises your ability to look out for the health, safety and welfare which I think is probably a preeminent home rule issue, but the State will be very careful in this Bill like they were in the Fracking Bill, to say this is a matter of uniform application and statewide importance. That’s how the State has begun to chip away at our home rule powers, by saying that certain things should be done at a statewide level because they’re uniformly applicable and they’re important to every section of the State. I’m not sure what will happen with that, but this seems like another divisive issue between the State government and local governments. Thank you. PRESIDENT SCHULMAN: Thank you Law Director. Alright, any other remarks? OK, hearing none, by voice vote on Informal Resolution #28, all those in favor signify by saying aye. Those opposed no. RESOLUTION #28 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Hopefully Columbus will hear our message. Probably not, but we keep trying. 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 JUNE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -380- MINUTES OF THE MEETING JUNE 2, 2014 2, 2014. 241. APPLICANT, JOHN GABRIEL: REQ ZONE CHG FOR 1501 HENRY AVE SW FROM B-2 (NEIGHBORHOOD BUSINESS) TO PB-4 (PLANNED GENERAL BUSINESS) FOR ADDTL USE AND ENHANCE THE PROP. - PLANNING COMMISSION 242. COURT ADMIN KOCHERA: AUTHORIZE MAYOR TO ENTER INTO AGMT WITH STATE OF OHIO, DEPT OF REHAB & CORRECTION (ODR&C) FOR RECEIPT OF FY 2015 COMM CORRECTIONS ACT (CCA) GRANT IN AMT OF $170,601.00 FOR PERIOD OF 7/1/14 - 6/30/15. - FINANCE COMMITTEE 243. LAW DIRECTOR MARTUCCIO: AUTHORIZE AMENDMENTS TO PART 11, PLANNING & ZONING CODE OF CODIFIED ORDINANCES. - JUDICIARY COMMITTEE 244. PARK DIRECTOR GORDON: AUTHORIZE PARK COMM TO ENTER INTO AGMT WITH CANTON JOINT REC DIST (CJRD) & J BABE STEARN COMM CTR (JBSC) TO PROVIDE FUNDING FOR REC SERV AT JBSC. - FINANCE COMMITTEE 245. SAFETY DIR PERRY: IMPLEMENT PERSONNEL MODIFICATION FOR FIRE DEPT TO INCREASE NUMBER OF BATTALION CHIEFS FROM 3 TO 4. - PERSONNEL & FINANCE COMMITTEES 246. SAFETY DIR PERRY: AMEND CITY’S CONTRACT WITH CPFFA LOCAL 249 FOR ARTICLE 72, PHYSICAL FITNESS INCENTIVE (PART OF ORIGINAL NEGOTIATIONS BUT INADVERTENTLY NOT INCLUDED IN SUBMITTED CONTRACT). - PERSONNEL & FINANCE COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the First Reading. Madame Clerk would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #16 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000, FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY Referred to Community & Economic Development COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -381- MINUTES OF THE MEETING JUNE 2, 2014 #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH THE 1152 NEIGHBORHOOD INITIATIVE PROG ACQUISITION DEMO DEBT FUND; AMEND APPROP O#264/2013; EMERGENCY ($1,000.000.00 FROM UNAPPROP BAL 1152 NIP ACQ DEMO DEBT FUND TO 1152 506001 NIP ACQ DEMO DEBT - OTHER) Referred to Community & Economic Development #3. (1ST RDG) AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (SE CORNER OF PIEDMONT AVE NE AND AMERMAN PL NE FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) Referred to Judiciary Committee PUB HRG 6/30/14 @ 7:30 PM #4. (1st RDG) AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE;EMERGENCY (1133 WALNUT NE, LOT #17616 FROM R-4 (MULTI-FAMILY RESIDENTIAL TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) PUB HRG 6/30/14 @ 7:31 PM Referred to Judiciary Committee #5. (1st RDG) AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (FROM SW CORNER OF WALNUT NE & AMERMAN PL NE, LOT #17617 FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) PUB HRG 6/30/14 @ 7:32 PM Referred to Judiciary Committee #6. (1ST RDG) AN ORDINANCE VACATING A PORTION OF HUDSON PL SW; EMERGENCY (FROM VAN BUREN CT SW RIGHT OF WAY TO 190' WEST FOR RALPH BYRD, JR) PUB HRG 6/30/14 @ 7:33 PM Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE VACATING A PORTION OF AMERMAN PLACE N.E.; APPROVING AND ACCEPTING THE REPLAT OF THE VACATED STREET AND LOTS 4162, 4163, 4164, 4165, 4166, 17604, 17616 AND 17617; AND DECLARING THE SAME TO BE AN EMERGENCY ( FROM EAST LINE OF PIEDMONT AVE NE TO WEST LINE OF WALNUT AVE NE FOR HUTTON GROWTH ONE, LLC) Referred to Public Safety & Thoroughfares Committee PUB HRG 6/30/14 @ 7:34 PM #8. (1ST RDG) AN ORDINANCE VACATING A PORTION OF WELLS AVENUE N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY ( FROM LOT #42522 NORTH TO 8TH ST NW FOR 618 HIGH AVENUE CORP, AFFILIATE OF IRONWORKERS LOCAL 550) PUB HRG 6/30/14 @ 7:35 PM Referred to Public Safety & Thoroughfares Committee COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -382- MINUTES OF THE MEETING JUNE 2, 2014 #9. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE DEDICATION PLAT OF PART OF LOTS 38840 THROUGH 38843; APPROVING AND ACCEPTING THE REPLATTING OF PART OF LOT 38840, ALL OF LOTS 38841, 38842 AND 38843 AND PART OF OUTLOT 862; AND DECLARING THE SAME TO BE AN EMERGENCY (ST. GEORGE BYZANTINE CATHOLIC CATHEDRAL) Referred to Public Safety & Thoroughfares Committee #10. (1ST RDG) AN ORDINANCE APPROVING & ACCEPT THE REPLAT OF OUTLOT 1070; AND DECLARING THE SAME TO BE AN EMERGENCY (FAIRCREST AND GREENTREE SW) Referred to Public Safety & Thoroughfares Committee #11. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR APPROXIMATELY 2,000 TEN-YEAR LITHIUM SMOKE DETECTORS IN AN AMOUNT NOT TO EXCEED $80,010.00; AUTHORIZING THE DIRECTOR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO STATE COOPERATIVE PURCHASING AGREEMENTS; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($80,010.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 103001 FIRE ADMIN - OTHER) Referred to Finance Committee #12. (1st RDG) AN ORDINANCE AMENDING SECTION 131.10, POLICE DEPARTMENT TRUST FUNDS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A MEMORANDUM OF UNDERSTANDING; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #13. (1st RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $50,000.00 TO NORTHSTAR ASPHALT, INC; AND DECLARING THE SAME TO BE AN EMERGENCY (EMERGENCY PAVING) Referred to Public Property Capital Improvement Committee #14. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $51,088.00 TO CENTRAL ALLIED ENTERPRISES, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY (12TH ST NW PAVING) Referred to Public Property Capital Improvement Committee #15. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($76,500.00 UNAPPROP BAL 4501 CAPITAL FUND TO 4501 202210 STREET MAINT - OTHER) Referred to Public Property Capital Improvement Committee COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -383- MINUTES OF THE MEETING JUNE 2, 2014 #16. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($22,500.00 UNAPPROP BAL 4501 CAPITAL FUND TO 4501 208010 DMV SERV & REPAIR - OTHER) Referred to Public Property Capital Improvement Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Now we turn to Ordinances and Formal Resolutions for the Second Reading. If you’re able, would you please begin with Ordinance 17. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #17 THROUGH #22 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (ORDINANCE #22 ADOPTED ON 2ND READING) #17. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPUTY CHIEF OF POLICE) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND/OR THE DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS FOR THE LEASE AND/OR PURCHASE OF VARIOUS VEHICLES AND/OR EQUIPMENT FOR VARIOUS DEPARTMENTS; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND/OR THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO VARIOUS CONTRACTS FOR THE PURCHASE OF VARIOUS VEHICLES AND/OR EQUIPMENT IN ACCORDANCE WITH ORC SECTION 125.04 OR 5513.01; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (FIRE DEPT 2; STREET DEPT 5; HEALTH DEPT 2; CODE 2; AND IT 1) #19. (2ND RDG) AN ORDINANCE AMENDING SECTION 539.03, ADMISSION CHARGES AT KURTZ FIELD, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #20. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF EQUIPMENT AND SUPPORTING SUPPLIES FOR THE FIRE DEPARTMENT; AUTHORIZING THE DIRECTOR TO ALTERNATIVELY PURCHASE SAID EQUIPMENT AND SUPPORTING SUPPLIES PURSUANT TO STATE COOPERATIVE PURCHASING AGREEMENTS; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($323,000.00 FROM UNAPPROP BAL 4501 CAPITAL PROJ FUND TO 4501 103001 FIRE ADMIN - OTHER) #21. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR CONTRACT WITH THE STARK COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -384- MINUTES OF THE MEETING JUNE 2, 2014 METROPOLITAN HOUSING AUTHORITY (SMHA) FOR VEHICLE MAINTENANCE AND FUEL SERVICE #22. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 107/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PURCHASE/MAINTENANCE CONTRACT IN AN AMOUNT NOT TO EXCEED $140,000.00 WITH DELL/MCPC FOR THE DATA CENTER VIRTUALIZATION PROJECT PURSUANT TO ORC SECTION 125.04; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($86,100.00 FROM UNAPPROP BAL 4501 CAPITAL PROJ FUND TO 4501 504010 INFORMATION TECHNOLOGY ADMIN - OTHER) PRESIDENT SCHULMAN: Thank you Madame Clerk. And this is the Ordinance that we discussed in Caucus about the Amendment and the Law Director has indicated he did bring it down, so we will have the Ordinance, Motion to Amend, and then a vote on the Ordinance as Amended. Leader. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rules for Ordinance #22. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance #22. Any remarks? Leader. Well, I guess (Inaudible). Ok, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Statutory Rule for Ordinance #22 is suspended. You’ve heard the 3 readings, Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #22. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #22. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #22 per a copy in front of all Council Members. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance #22 by virtue of the copy before each member of Council. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those oppose no. They ayes have it. Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -385- MINUTES OF THE MEETING JUNE 2, 2014 NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22 as amended. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend the caption and Section 1 of Agenda item No. 22 by adding the phrase “and related professional services” after the word “maintenance”; and by adding the phrase, “and Canton Codified Ordinance Section 105.10,” after the figure “125.04.” PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #22 as amended. Any remarks under that motion? Again, Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 107/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #22 as amended is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for Third, Final Reading and Vote. Madame Clerk would you please begin with Ordinance #23. (Inaudible). NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #23 THROUGH #28 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #23. (3RD RDG) POSTPONED UNTIL JUNE 16, 2014 AN ORDINANCE ACCEPTING THE RECOMMENDATIONS OF SANITATION SUPERINTENDENT MARK ADAMS FOR ADJUSTING THE CITY’S SANITATION RATES; AMENDING SECTION 975.08, OF THE CANTON CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #23. Any remarks? Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -386- MINUTES OF THE MEETING JUNE 2, 2014 MEMBER MORRIS: Mr. President, I move we postpone Ordinance #23. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance #23. Any remarks under the postponement? Hearing none, by voice vote, all those in favor signify by saying aye. Those oppose no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries and Ordinance 23 is postponed to June 16, 2014. Thank you. Ordinance 24 please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 108/2014 AN ORDINANCE AMENDING SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, AND SECTION 181.15, CREDIT FOR TAX PAID TO OTHER MUNICIPALITY AND JOINT ECONOMIC DEVELOPMENT DISTRICT, OF THE CODIFIED ORDINANCES PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks under this Ordinance? Again hearing none, Madame Clerk, roll call vote please. MEMBER WEST: Mr. President PRESIDENT SCHULMAN: I’m sorry, Member West. MEMBER WEST: Could you explain this in layman’s terms, please, for the public. DEPUTY TREASURER MCENANEY: Mr. President. PRESIDENT SCHULMAN: Deputy. DEPUTY TREASURER MCENANEY: City Council has amended the income tax code to include a provision which reduces a credit that a resident taxpayer may take for taxes paid to another city from our 2% tax rate to 1.7% tax. In effect then, on that resident whose working outside the city limits of Canton, imposing an additional .3% tax on that taxpayer’s wages. This Ordinance is, for intents and purposes, amending the code back to allow the full credit up to the (Inaudible) imposed 2%. PRESIDENT SCHULMAN: Thank you very much. MEMBER WEST: Mr. President, so that means.... PRESIDENT SCHULMAN: Yes, Member West. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -387- MINUTES OF THE MEETING JUNE 2, 2014 MEMBER WEST: That means full credit and then they would not be paying any income taxes to the City of Canton, correct: DEPUTY CHIEF MCENANEY: Well, depending upon their work situation, whether they have jobs in Canton or not, but for that one employee, that resident employee who is only working out...that is correct, his taxes will go to the municipality in which the taxes are imposed up to the 2% that’s imposed. Somebody working in North Canton; however, keep in mind, their tax is being imposed at the rate of 1.5%, and they’re still remitting to Canton, the additional half percent. We’re only talking about those taxpayers who are working in the City where the tax is imposed at a rate of 2% or higher. PRESIDENT SCHULMAN: Thank you Chief Deputy. Any other comments Member West? MEMBER WEST: Yes. Just one more quick question. How much does the City stand to lose if we would then grant that credit...under the current budget...or out of the next 2 years? PRESIDENT SCHULMAN: Chief Deputy can you answer that or not? DEPUTY CHIEF MCENANEY: Mr. President, Mr. West...I believe the Mayor’s office and the Budget Director have placed that estimate at $400,000.00. The Treasurers’ Office...the Income Tax Division has not come up with any estimate. They’re neither going to confirm nor deny that because at this point, and given the system that the...our computer system and the data that’s being tracked, we can’t confirm or deny it. We can extrapolate but, no, we would neither confirm nor deny it at $400,000.00. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: In addressing the health, safety and welfare of the community and we just talked about the State trying to take $750,000.00 from us for the next year, or whatever. We also talked about having an Animal Nuisance Control Officer, we talked about hiring more cops, we talked about...all the different things that we like to do for the city. We talked about filling potholes, we talked about paving streets. All of that stuff requires money and more money and doing this right now, without having numbers, without knowing what’s going to happen in the future, I’m not certain that I can support reducing this. I would like to, at some point, be able to give people a credit and the reciprocity agreement, from what I’m understanding is that other municipalities are also looking at doing the same thing so that they can take care of the health, safety and welfare of their communities. So, that’s where I stand with it. PRESIDENT SCHULMAN: Thank you Member West. Any other remarks under Ordinance 24? MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Member Hart. MEMBER HART: I think the important thing to a lot of people that leave the Canton community because they can’t find any other jobs elsewhere, and a lot of these folks, both husband and wife, go wherever they can find a job and when they start paying the extra amounts of money for gasoline, wear and tear on the car, come the end of the month they don’t have enough money to buy groceries and this is just returning that little bit of money that they need. There’s a lot of people out there who can’t afford the extra money. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -388- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: Can you clarify a lot? PRESIDENT SCHULMAN: I think Member Dougherty is asking you, Member Hart, to clarify a lot... MEMBER DOUGHERTY: ...Where...where are you getting...What..what are your numbers? You’re saying there’s a lot of people out there. What...what are you basing this on? MEMBER HART: Member Dougherty I can speak from the food bank at Grace Church, is that we will run into... MEMBER DOUGHERTY: ...You said a lot of people are leaving... PRESIDENT SCHULMAN: Well, if you can just let Member Hart answer the question... MEMBER HART: Yeah, you know, we may get 200 at the end of the month. Probably 60% of those people are gainfully employed, many of them, and again I can say maybe 100 of those are employed out of Canton. They’re out there trying to make their house payment, trying to make their rent payment, and at the end of the month, every little cent that they can get, they need. They’re just trying to make life go for themselves, and they’re the ones who can least afford it and need every cent they can get for working, you know, that 40 hour week. That’s all. PRESIDENT SCHULMAN: Thank you Member Hart. MEMBER DOUGHERTY: Mr. President PRESIDENT SCHULMAN: Member Dougherty. MEMBER DOUGHERTY: I still...we don’t know the amount...I still haven’t heard where we’re going to make that amount up at, so that’s what I’m having a little concern about. PRESIDENT SCHULMAN: Thank you Member Dougherty. Any other remarks? TREASURER PEREZ: Mr. President. (TREASURER PEREZ EXCUSED DEPUTY TREASURER MCENANEY FROM HIS SEAT) PRESIDENT SCHULMAN: Yes, Treasurer Perez. (Inaudible). ...You did, you changed bodies. I thought you were Chief Deputy. TREASURER PEREZ: ...yeah...You know this is more or less a philosophical difference. Not...I mean, we all know we need the money to survive, but if you look at the Resolution you passed tonight, the $750,000.00, the $8,600,000.00 to date, average $1,700,000.00 per year from the local government fund. The $828,000.00 per COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -389- MINUTES OF THE MEETING JUNE 2, 2014 year from the estate tax, the $408...$1,400,000.00 a year from tangible personal property taxes, where...average was $480,000.00 a year. We are taxing people that are actually chose to live in the city, they chose to raise their kids in this city, for every child that’s in that school system get $4000.00 - $5000.00 from the State, they put their biggest investment, their home in the City of Canton. Now, since they had to go to Akron or go somewhere else to get a job in order to stay gainfully employed to keep their homes, we are now punishing them with another .3 tenths of a percent interest because they happened to find a job in Akron or Massillon or somewhere else. I guess my problem with it all, and Dave, please, this is not, this is not political, this is just philosophical for me, is Columbus does what they do to us because they can do it. We are becoming Columbus by doing what we’re doing because we can do it. We are no different from them if this is the way we go about getting our money. You can’t have a certain class or a certain person pay when you have a flat tax out there. Everybody pays equal. It’s been that forever. The 1.7% changes the rules. It changes the rules of the people who grew up here, spend their money here, work here, and believe me, there’s nobody who wants more police, fire, or anybody on the street, I just think that philosophically, we need to do it fair and above-board, and everybody pay their fair share, and don’t put it on someone else that happened to chose to live here and had to get a job somewhere else. That’s the only difference that I have with it. Any argument out there makes sense, we need money, we need the police, we need fire, we need service workers, we need the chuckholes filled, but after what the state’s done to us and if we would still have that money every year, we would have chuckholes filled, we would have police, we’d have fire, we’d have everything we want. Our argument has to be with our public to their elected officials that are in Columbus, that are passing these laws and just taking cities to the cleaners and this new law on the Resolution tonight is another example of how they’re doing it. If there’s ever a time for the public to speak up cause we’re tired of being taxed, it’s tonight and tomorrow and the rest of the week because they’re going to continue hitting us until we’re bankrupt. And it doesn’t matter what we do with this tax, we’re never going to cover the money they can take from us, that’s why this is down here currently. PRESIDENT SCHULMAN: Thank you Treasurer. Any other remarks? MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Yes, Mayor Healy. MAYOR HEALY: Thank you Mr. President. I certainly appreciate that, Kim...Mr. Treasurer. We have all understand the impact that the State of Columbus, the State of Ohio, what the Legislature of Columbus have had on us and this Resolution that Council just approved a few minutes ago puts us at risk of losing an estimated $750,000.00. And that could happen on a vote in a week, 2 weeks, 3 weeks from now and make no mistake about it, the Legislature is going to pass a version of House Bill 5. It’s just how bad it’s going to be for us. There are still significant financial risks facing us that we have to address. That could cut our revenue stream in mid-year, which means the budget that we think we have gets changed on us at the moment. This particular legislation that you’re about to vote on will also have an impact on our budget by hundreds of thousands of dollars. I’ve asked this body to hold off on the vote until we had a chance to have an honest discussion with the votes, the public out there to let them know if we’re going to be reducing hundreds of thousands of dollars worth of revenue on an annual basis with the City, what services are going to impacted, what services will not be provided if those monies are not there, or are we going to replace this with some other source, and if we do, whose going to be funding that. So, I’m just concerned that we’re taking action because of the philosophical difference but we’re not addressing the financial impact of this bill before we vote on it. We need to know exactly the impact it’s going to have and how we’re going to face those changes in our budget that going to be happening to us. So, I’m very concerned about the action and asking the body to consider these issues before you vote. Thank you. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -390- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Thank you Mayor. Member Smuckler. MEMBER SMUCKLER: Every decision that we make down here impacts whether you want to live in the City of Canton or not. It’s evident when we went from 120,000.00 down to barely hanging on at 70,000.00. Now there could be a lot of different reasons for that. But one of the big reasons, and the Treasurer touched on this, how do we market, how do we sell, how do we have an impact of wanting people to live here? And we’re telling people that if you live here and work in some of these other communities, we’re going to hit you harder. I just don’t think that’s the message we want to send. We’ll get businesses to come in and give them jobs, we’ll give them huge tax breaks, but we’ll tell people that if you get a job somewhere else, we’re going to hit you harder. We make a decision down here weekly. I’ve been here for 5 months this term, collectively on all the other terms I’ve never seen so many raises, I’ve never seen so many new positions created, so now we’re just sitting here saying, “Where are we headed folks”? Well I want to package this community a little bit better, a little bit nicer, to want people to live here. You know, President Schulman, I agree with you. We should run water lines all over the place. I used to fight with the old Majority Leader, Councilman Casar, about this. But when you do that, we sell our greatest commodity. We’re telling people, “Go live somewhere else, you’ll get our water; work somewhere else, you won’t have to pay our city income taxes; and you’re getting some of the great things”. All I want you to do is think about marketing the city in the future. That’s what this is all about. PRESIDENT SCHULMAN: Thank you Member Smuckler. (Applause). Any other remarks? MEMBER WEST: Mr. Chairman. PRESIDENT SCHULMAN: Member West. MEMBER WEST: Just real quick, again. I think..where are we going to get the made up money? I mean, at the end of the day even when people leave the City, the income tax that they’re not paying, again, we still have the same bill. We still have to pay for the services. And I can...that’s what it comes down to for me, you know. I’m a strong support of what Council (Inaudible) fought for, for years. You know, all of these employees that work for City, most of them don’t live in the City. They live outside of the City. They work here, we get the income tax, we can fill our house with our own employees, but most of them live out of the City. I mean, am I wrong? Look at the numbers. Look at half the police force lives outside of Canton. I mean, if they lived in the City, that would fill a lot of those houses. That’s an argument we can have too. But I’m just saying, I passed...or I sent a memo up asking us to do this and responsibly and faze it out over the next few years. But from what I understand, we’re just going to take it as it is and I don’t think that’s responsible. I think we got to look at the numbers and then make that decision. Thank you. TREASURER PEREZ: Mr. President. PRESIDENT SCHULMAN: Treasurer Perez. TREASURER PEREZ: Can you imaging fazing out over the next 3 years, when there’s .3 of a percent, then it’s at .2 of a percent, .1 of a percent, so the people that are delinquent five years down the road, when they come up, was that a .2 of the year, or .1 a year, what year was that they were delinquent? You have to look at the administrative costs on this. The administrative costs will neglect some of that money that you’re anticipating as revenue. By leaving it in for 1 more year, half the year is over, it’s a fair way to do it. That’s why we thought it was a fair compromise. But to do it the other way would be almost impossible to manage as the income tax, in charge of the income tax department. So, I mean it sounds good on paper, but when you implement stuff, you got to implement it with common sense, and that just won’t work. And the second part of your first questions, COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -391- MINUTES OF THE MEETING JUNE 2, 2014 your first part...we should be down in Columbus when they have that hearing and we should be down there as a whole testifying before that Committee, raising hell about what they’re doing. So, let’s get on that bus and let’s go down there and say, “That $6,000,000.00 you took from us, what the hell are you people going to do to get it back for us”? because they’re just taking and they’re not having this discussion. Here we are talking about $400,000.00 and they’re taking millions from us and we’re arguing against each other. That doesn’t make sense to me. The argument should be in Columbus and we wouldn’t be having this argument here today. PRESIDENT SCHULMAN: Thank you Treasurer. (Applause). Any other remarks? Ok. Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 7 YEAS, 5 NAYS (MEMBERS SMITH, WEST, GRIFFIN, DOUGHERTY AND FISHER VOTE NAY) CLERK TIMBERLAKE: Seven yeas, 5 nays, Mr. President. #24 ADOPTED AS ORDINANCE NO. 108/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 24 is adopted but not on an emergency basis. Ordinance 25 please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 109/2014 AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO ACCEPT THE DONATION OF REAL PROPERTY FROM THE CANTON COMMUNITY IMPROVEMENT CORPORATION PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #25. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks under this Ordinance? Hearing none, Madame Clerk ... MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: We’re on 25... PRESIDENT SCHULMAN: Yes... MEMBER HAWK: I wasn’t going to comment on it, but after the debate on the last, I feel obligated to. This is properties being transferred back from the CCIC from the City of Canton. While the CCIC was in holder ship, and owned these properties, the City of Canton, excuse me, our General Fund paid property taxes. Had these properties been held by the City of Canton, they would be exempt. One piece of property sat their for over 2 years. The total cost to our General Fund was $95,000.00. One piece of property, okay. So when you start talking about real numbers, that’s real numbers and all we had to do was transfer it back. So those are factual numbers that you can look up, not numbers approximate, not 300, 400, numbers that we don’t know and we COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -392- MINUTES OF THE MEETING JUNE 2, 2014 can’t get out hands around, our arms around, but factual numbers. That’s why I’m supporting this and that’s why one of the reasons I had (Inaudible) take a look at it. PRESIDENT SCHULMAN: Thank you Member Hawk. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: And I think Hawk needs to be commended because he brought this issue to the CCIC and he’s right, we’ll save a lot, a ton of money, so I appreciate your efforts. PRESIDENT SCHULMAN: Thank you Member West. Any other remarks on Ordinance 25? Hearing none. Madame Clerk roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 109/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 25 is adopted. Ordinance 26 please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 110/2014 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTIES, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: Could I just ask to the Chief of Staff or somebody that...I know we have plans to transfer this out, but if we’re closing in on the end of the year, perhaps November, for whatever reason there’s a delay on that, could we keep an eye on possibly transferring that back so we can avoid the exact situation that we had talked about a moment ago because the tax bill obviously is generated from 1/1 of that year, and whoever owns it at that time. So just a request...if we get towards the end of the year and it’s delays, that we kind of keep that in mind. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -393- MINUTES OF THE MEETING JUNE 2, 2014 CHIEF OF STAFF WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes. CHIEF OF STAFF WILLIAMS: And as we mentioned in Committee Meetings with these properties, we do have interested parties, that’s why we’re asking that these properties can be transferred at this time. If for whatever reasons those interested parties become disinterested, we will absolutely come back to council to ask you to accept these properties back. PRESIDENT SCHULMAN: Thank you Member Fisher. Mr. Hawk, did you want to say something? Any other remarks on Ordinance 26? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER HAWK VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay Mr. President. #26 ADOPTED AS ORDINANCE NO. 110/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 26 is adopted. Ordinance 27 please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 111/2014 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A MUTUAL ECONOMIC DEVELOPMENT AGREEMENT WITH PLAIN TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #27. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 27. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 111/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 27 is adopted. Ordinance 28 please. #28. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 112/2014 AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO CONTRACT WITH THE WALTER H DRANE COMPANY IN AN AMOUNT NOT TO EXCEED $22,750.00 TO ASSIST IN THE RE-CODIFICATION OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -394- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #28. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 28. Are there any remarks under this Ordinance? MEMBER MORRIS: Mr. President, I move we amend Ordinance #28 per the copy that all Council Members have in front of them. MEMBER SMITH: Seconded. PRESIDENT: It’s been moved and seconded that you amend Ordinance 28 by virtue of the copy before each Member of Council. Any remarks? Hearing none. By voice vote, all those in favor of the amendment signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #28 as amended. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend the caption and Section 1 of Agenda item No. 28 by amending the language “in an amount not to exceed $22,750.00" to read “in an amount not to exceed $22,750.00, plus all applicable delivery charges,”. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 28 as amended. Any remarks on this Ordinance as amended? Any other remarks? Hearing none then, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #28 ADOPTED AS AMENDED AS ORDINANCE NO. 112/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 28 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we turn to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -395- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: Thank you good sir. With a smile on my face, I proudly call The Finance Committee meeting for Monday, June 16, at 6:00 p.m. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Chairman West. MEMBER MARIOL: Public Safety & Thoroughfares will meet same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Chairman Smith. MEMBER SMITH: C&D will also meet at that same time. PRESIDENT SCHULMAN: Thank you. MEMBER MARIOL: Mr President. PRESIDENT SCHULMAN: Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet same time, same place. PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: Mr. President, the Judiciary will meet at the same time, same place. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning to Miscellaneous Business. Is there any? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you. Today’s June 2, 2014. On June 2, 2008, exactly 6 years ago, we passed an Ordinance in this City that made it a crime for high grass and weeds over 8" tall. It has been 6 years today, 2190 days, in that period of time we have mowed, statistics provided, 18,600 lots at a total cost of $1,200,000.00. We have zero citations. I was graciously invited to a meeting that Frank Morris called the other Friday afternoon in regards to this and I now understand that we’re working towards those ends. I’m very proud to see...it took...this finally happening. It took us 6 years but it’s finally going in the right direction. I thank everybody who attended that meeting and I hope we get the results we’re looking for. Thank you very much. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -396- MINUTES OF THE MEETING JUNE 2, 2014 PRESIDENT SCHULMAN: Thank you Member Hawk. Any other...Member West. MEMBER WEST: Yes, Mr. President. Just quickly, the...we talked about the oversize and overweight vehicle operations in the city, how big trucks come through the neighborhoods and destroy our streets and our curbs and things like the nature, and the Law Department provided me with, we do have an Ordinance on our books that addresses that, but the question is how do we enforce that. I don’t even think that we have weight station anymore. MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: I might be able to help my colleague out on that. It was actually a meeting set in about a week with some of us actually going looking over that exact section of the City Code and trying to re-work that in a way, because honestly, right now what we...and that’s of course, you know my day job because I deal with that business. ...is that we subject ourselves to unnecessary wear and tear on our infrastructure. And honestly, we’re leaving revenue on the table with this as well, so, it is difficult to enforce the way we currently do it but I think some of those can be looked at and can be changed. I look forward to being a part of that. MEMBER WEST: Thank you Member Fisher. PRESIDENT SCHULMAN: Thank you Member Fisher. Thank you Member West. MEMBER WEST: One more statement. There’s...we talked about the CCIC lots and City lots, there’s the old McDonald’s property we inherit that...I mean we bought that lot several years ago and currently then, if we contract it out to providers that are mowing the lawns, does that include those lots as well, like the old McDonald property and the property that’s on McKinley and 9th. The weeds haven’t...I mean the grass hasn’t been cut yet, so I’m kind of concerned that either the contractors or somebody’s dropping the ball on those lots. PRESIDENT SCHULMAN: Director Bartos. SERVICE DIRECTOR BARTOS: Mr. President. Any property owned by the City, I’m being told by Chief of Staff Williams, that that is owned by the City, is not cut through this program. The Unions agreed to allow us to have contractors cut non-city owned property but not city owned. So that will all eventually be cut by our City workers. MEMBER WEST: Okay, and one other statement, actually 2 other statements. One, let me address the...I know I’ve said a lot about the Animal Nuisance Control Officer and I’ve always repeatedly said that I do not want to see cats involved in that, but I can’t state that enough. My approach to Animal Nuisance Control Officer is to get the wild and vicious animals, so that’s where I’m at. So, when people hear me say that for the cat individuals out there, our cat advocates, definitely know that that’s the case. And then I wanted to commend Pat Kirk for cleaning up the down...Market Square. The flower beds on Market Square. So thank you for that. PRESIDENT SCHULMAN: Thank you Member West. Mayor. MAYOR HEALY: Thank you Mr. President. And this body heard my concerns about this Ordinance #24 on the tax credit reduction. Just to let this body know, I will veto that legislation and I’ll send my document to the Clerk of Council shortly. But we have lots to discuss in reference to addressing our taxes and our changes and I COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -397- MINUTES OF THE MEETING JUNE 2, 2014 have many concerns about this particular one and I don’t think we really were able to address those issues, so I just want to notify Council. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. (Inaudible). Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you Mr. President. I’ve been asked to give the nutshell version of the Veto. In a city, the way legislation works, the Mayor has the right to veto it, provided he does it within, I believe, 10 days and he has to give Council his written reasons for having vetoed it. Council can reconsider it and if they have a sufficient amount of votes to override it, they can override a veto. Without looking, I believe the sufficient amount is three quarters. I believe that would take 8 votes of the elected membership. I can look that up to be sure, but I believe that’s my memory. PRESIDENT SCHULMAN: Great. Thank you, Law Director. Any other miscellaneous business? MEMBER HART: Yes, Mr. President. PRESIDENT SCHULMAN: Member Hart. MEMBER HART: Yeah, later on this week I would hope that everybody takes a little moment of silence and contemplate. I don’t want to call it a celebration but you know, many of the greatest generation gave their life on D-Day and you know, to make the world a little bit freer. So, throughout this week just take a little time to say thank you. PRESIDENT SCHULMAN: Thank you Member Hart, and I noticed you have your arm in a sling. We hope you’re back to normal very quickly, and I’m sure your wife is not permitting you to drive that beautiful car. MEMBER HART: No she didn’t and (Inaudible). The pain medication has ...(Inaudible)...(Laughter). PRESIDENT SCHULMAN: I don’t know whether to say this but, we didn’t notice the difference. (Laughter). That’s either a compliment or that was really a good dig. Okay. Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: Moved and seconded to adjourn. Madame Clerk roll call vote please. (Inaudible) CLERK TIMBERLAKE: Can you guys wait ‘til I’m done here please. (Gavel) I’m not done. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas. Thank you. PRESIDENT SCHULMAN: Thank you Madame Clerk. Meeting is adjourned. Thank you everybody. Have a COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -398- MINUTES OF THE MEETING JUNE 2, 2014 safe trip home and a wonderful week. (Gavel falls) ADJOURNMENT TIME: 8:50 PM ATTEST: JUNE 6, 2014 APPROVED: JUNE 6, 2014 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL - REVISION (O#108/2014 VETOED) AGENDA CANTON CITY COUNCIL 7:30 PM JUNE 2, 2014 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Greg Hawk, W ard 1 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#17 - O#22; O#22 Adopted as Am ended; O#23 Postponed until 6/16/14; O#28 Adopted as Am ended; O#108/2014 Vetoed) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Pat Kirk has seen the walkabout officer downtown and that is wonderful but she m isses the bike cops. The Downtown Central Neighborhood Association has saved the city over $12,000.00 by weeding and planting flowers at the Kresge Lot. She doesn’t understand why the city does not appreciate the free labor. Joyce Angerer spoke about the Anim al Control Officer. She wanted to provide Safety Director Perry with som e inform ation since she was not in that position previously. There was a policy developed in 2012 with Mem ber Morris and form er Mem ber Cirelli that involved a few m eetings and m any people wishing to volunteer that was never im plem ented. All Mem bers need to com e up with a hum ane approach to this problem . Tracy Cotopolis is the founder of Spay/Neuter Ohio. There are 15 people that volunteer to provide low cost spay and neutering. They host clinics where you can drop off your dog or cat in the m orning and pick them up in the evening. C. David Morgan wanted to discuss the BAN program . This is a good thing for the neighborhoods and one of the best PR program s the city has. The people in the neighborhoods get to interact and speak with the people who actually work for the city departm ents and that m akes them all feel as though people in the city care about their com m unity. The program should be one that is expanded. He wanted to com m end the people from the Street Departm ent that cam e out and helped all of the people in the Colonial Heights neighborhood. Steve Silver is very pro-cat. In his life he advocates for those who cannot advocate for them selves whether they are people or anim als. There have always been anim als in the city because we m oved into their environm ent. He stated that all Council Mem bers are big on plans, after all they just spent $350,000.00 on a plan for the city so they all need to get their heads together and com e up with a plan for this problem . If there is going to be another Anim al Control Officer hired, they need to post the position and allow people to apply. Jam es Parker says that the anim als which are captured by the Anim al Control officer should be on display at Mother Gooseland. He thanked all for approving Ralph Hay W ay. The signs will be up soon. He hopes the team s that play in the NFL will pay their fair share of incom e taxes since the NFL does not pay hotel taxes or other things that they should be pressed for with the am ount of incom e they m ake. INFORM AL RESOLUTIONS: 28. COUNCIL AS A W HOLE: OPPOSING AM SUB HB 5. - ADOPTED COM M UNICATIONS: 241. APPLICANT, JOHN GABRIEL: REQ ZONE CHG FOR 1501 HENRY AVE SW FROM B-2 (NEIGHBORHOOD BUSINESS) TO PB-4 (PLANNED GENERAL BUSINESS) FOR ADDTL USE AND ENHANCE THE PROP. - PLANNING COMMISSION 242. COURT ADMIN KOCHERA: AUTHORIZE MAYOR TO ENTER INTO AGMT W ITH STATE OF OHIO, DEPT OF REHAB & CORRECTION (ODR&C) FOR RECEIPT OF FY 2015 COMM CORRECTIONS ACT (CCA) GRANT IN AMT OF $170,601.00 FOR PERIOD OF 7/1/14 - 6/30/15. - FINANCE COMMITTEE 243. LAW DIRECTOR MARTUCCIO: AUTHORIZE AMENDMENTS TO PART 11, PLANNING & ZONING CODE OF CODIFIED ORDINANCES. - JUDICIARY COMMITTEE 244. PARK DIRECTOR GORDON: AUTHORIZE PARK COMM TO ENTER INTO AGMT W ITH CANTON JOINT REC DIST (CJRD) & J BABE STEARN COMM CTR (JBSC) TO PROVIDE FUNDING FOR REC SERV AT JBSC. - FINANCE COMMITTEE 245. SAFETY DIR PERRY: IMPLEMENT PERSONNEL MODIFICATION FOR FIRE DEPT TO INCREASE NUMBER OF BATTALION CHIEFS FROM 3 TO 4. - PERSONNEL & FINANCE COMMITTEES 246. SAFETY DIR PERRY: AMEND CITY’S CONTRACT W ITH CPFFA LOCAL 249 FOR ARTICLE 72, PHYSICAL FITNESS INCENTIVE (PART OF ORIGINAL NEGOTIATIONS BUT INADVERTENTLY NOT INCLUDED IN SUBMITTED CONTRACT). - PERSONNEL & FINANCE COMMITTEES ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. PROVIDE FOR THE ISSUANCE & SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMT NOT EXCEED $1,000,000.00 FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION W ITHIN THE CITY & ADDRESSING PROP CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS W ITHIN THE CITY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 2. AUTHORIZE AUDITOR TO ESTABLISH THE 1152 NEIGHBORHOOD INITIATIVE PROG ACQUISITION DEMO DEBT FUND; AMEND APPROP O#264/2013; EMERGENCY ($1,000.000.00 FROM UNAPPROP BAL 1152 NIP ACQ DEMO DEBT FUND TO 1152 506001 NIP ACQ DEMO DEBT - OTHER) Referred to Com m unity & Econom ic Developm ent Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - JUNE 2, 2014 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 3. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (SE CORNER OF PIEDMONT AVE NE AND AMERMAN PL NE FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) Referred to Judiciary Com m ittee PUB HRG 6/30/14 @ 7:30 PM 1 ST RDG 4. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (1133 W ALNUT NE, LOT #17616 FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) PUB HRG 6/30/14 @ 7:31 PM Referred to Judiciary Com m ittee 1 ST RDG 5. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (FROM SW CORNER OF W ALNUT NE & AMERMAN PL NE, LOT #17617 FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) Referred to Judiciary Com m ittee PUB HRG 6/30/14 @ 7:32 PM 1 ST RDG 6. VACATE A PORTION OF HUDSON PL SW ; EMERGENCY (FROM VAN BUREN CT SW RIGHT OF W AY TO 190' W EST FOR RALPH BYRD, JR) PUB HRG 6/30/14 @ 7:33 PM Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 7. VACATE A PORTION OF AMERMAN PL NE; APPROVE & ACCEPT REPLAT OF VACATED STREET AND LOTS 4162 - 4166, 17604, 17616 AND 17617; EMERGENCY (FROM EAST LINE OF PIEDMONT AVE NE TO W EST LINE OF W ALNUT AVE NE FOR HUTTON GROW TH ONE, LLC) Referred to Public Safety and Thoroughfares Com m ittee PUB HRG 6/30/14 @ 7:34 PM 1 ST RDG 8. VACATE A PORTION OF W ELLS AVE NW ; EMERGENCY (FROM LOT #42522 NORTH TO 8 TH ST NW FOR 618 HIGH AVENUE CORP, AFFILIATE OF IRONW ORKERS LOCAL 550) Referred to Public Safety & Thoroughfares Com m ittee PUB HRG 6/30/14 @ 7:35 PM 1 ST RDG 9. APPROVE & ACCEPT DEDICATION PLAT OF PART OF LOTS 38840 - 38843; APPROVE & ACCEPT REPLATTING OF PART OF LOT 38840; ALL OF LOTS 38841 - 38843 AND PART OF OUTLOT 862; EMERGENCY (ST. GEORGE BYZANTINE CATHOLIC CATHEDRAL) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 10. APPROVE & ACCEPT THE REPLAT OF OUTLOT 1070; EMERGENCY (FAIRCREST AND GREENTREE SW ) Referred to Public Safety & Thoroughfares Com m ittee 1 ST RDG 11. AUTHORIZE SAF DIR TO ADVERTISE, REC BIDS, AW ARD & ENTER INTO CONTRACT FOR APPROX 2,000 TEN-YR LITHIUM SMOKE DETECTORS IN AMT NOT TO EXCEED $80,010.00; AUTHORIZE DIR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO STATE COOP PURCH AGMT; AMEND APPROP O#264/2013; EMERGENCY ($80,010.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 103001 FIRE ADMIN - OTHER) Referred to Finance Com m ittee 1 ST RDG 12. AMEND SEC 131.10, POLICE DEPT TRUST FUNDS, OF CODIFIED ORDINANCES OF CITY OF CANTON; AUTHORIZE SAF DIR TO ENTER INTO MEMORANDUM OF UNDERSTANDING; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 13. AUTHORIZE AUDITOR TO PAY $50,000.00 TO NORTHSTAR ASPHALT, INC; EMERGENCY (EMERGENCY PAVING) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 14. AUTHORIZE AUDITOR TO PAY $51,088.00 TO CENTRAL ALLIED ENTERPRISES, INC; EMERGENCY (12 TH ST NW PAVING) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 15. AMEND APPROP O#264/2013; EMERGENCY ($76,500.00 UNAPPROP BAL 4501 CAPITAL FUND TO 4501 202210 STREET MAINT - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 16. AMEND APPROP O#264/2013; EMERGENCY ($22,500.00 UNAPPROP BAL 4501 CAPITAL FUND TO 4501 208010 DMV SERV & REPAIR - OTHER) Referred to Public Property Capital Im provem ent Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#17 - O#22; O#22 ADOPTED AS AMENDED) 2 ND RDG 17. AMEND EXHIBIT A TO O#100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; EMERGENCY (DEPUTY CHIEF OF POLICE) (PER & FIN) 2 ND RDG 18. AUTHORIZE SERV DIR AND/OR SAF DIR TO ADVERTISE, REC BIDS, AW ARD AND ENTER INTO CONTRACTS FOR LEASE AND/OR PURCH OF VARIOUS VEHICLES AND/OR EQUIP FOR VARIOUS DEPTS; AUTHORIZE SERV DIR AND/OR SAF DIR TO ENTER INTO VARIOUS CONTRACTS FOR PURCH OF VARIOUS VEHICLES AND/OR EQUIP IN ACCORD W ITH ORC 125.04 OR 5513.01; AMEND APPROP O#264/2013; EMERGENCY (FIRE DEPT 2;STREET DEPT 5; HEALTH DEPT 2; CODE 2; IT 1) (PPCI) 2 ND RDG 19. AMEND SECTION 539.03, ADMISSION CHARGES AT KURTZ FIELD, OF CODIFIED ORD OF THE CITY OF CANTON (JUD) CANTON CITY COUNCIL AGENDA - PAGE 3 - JUNE 2, 2014 ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 20. AUTHORIZE SAF DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO CONTRACT FOR PURCH OF EQUIP AND SUPP SUPPLIES FOR FIRE DEPT; AUTHORIZE DIR TO ALTERNATIVELY PURCH SAID EQUIP AND SUPP SUPPLIES PURSUANT TO STATE COOP PURCH AGMTS; AMEND APPROP O#264/2013; EMERGENCY ($323,000.00 FROM UNAPPROP BAL 4501 CAPITAL PROJ FUND TO 4501 103001 FIRE ADMIN - OTHER) (PPCI) 2 ND RDG 21. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO A ONE-YEAR CONTRACT W ITH SMHA FOR VEHICLE MAINT AND FUEL SERV (FIN) AM ENDED AS 107/2014 22. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO A PURCH/MAINT CONTRACT IN AN AMT NOT TO EXCEED $140,000.00 W ITH DELL/MCPC FOR THE DATA CENTER VIRTUALIZATION PROJ PURSUANT TO ORC 125.04; AMEND APPROP O#264/2013; EMERGENCY ($86,100.00 FROM UNAPPROP BAL 4501 CAPITAL PROJ FUND TO 4501 504010 INFORMATION TECHNOLOGY ADMIN - OTHER) (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: POSTPONED UNTIL 6/16/14 23. ACCEPT RECOMMENDATIONS OF SANITATION SUPT MARK ADAMS FOR ADJUSTING THE CITY’S SANITATION RATES; AMEND SECTION 975.08 OF CANTON CODIFIED ORDINANCES; EMERGENCY VETOED 108/2014 24. AMEND SECTION 181.05 RETURN & PAYMENT OF TAX; REFUND, AND SECTION 181.15, CREDIT FOR TAX PAID TO OTHER MUNI AND JEDD, OF CODIFIED ORDINANCES 109/2014 25. AUTHORIZE CITY TO ACCEPT DONATION OF REAL PROP FROM CCIC 110/2014 26. AUTHORIZE SERV DIR TO CONVEY CITY-OW NED REAL PROP NO LONGER NEEDED FOR MUNI PURPOSES, TO CCIC; EMERGENCY 111/2014 27. AUTHORIZE SERV DIR TO ENTER INTO MUTUAL ECONOMIC DEV AGMT W ITH PLAIN TOW NSHIP; EMERGENCY 112/2014 28. AUTHORIZE LAW DIR TO ENTER INTO CONTRACT W ITH W ALTER H. DRANE COMP IN AMT NOT TO EXCEED $22,750.00 TO ASST IN RE-CODIFICATION OF CODIFIED ORDINANCES OF THE CITY; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, June 16, 2014 in Council Caucus Room at 6:00 PM 1) Finance Com m ittee 2) Public Safety and Thoroughfares Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Public Property Capital Im provem ent Com m ittee 5) Judiciary Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Hawk says that 6 years ago today an Ordinance was passed to m ake high grass an offense. Not one person has been cited in all of the lots that have been m owed. He had a m eeting last week and hopes that will be changing soon. Mem ber W est stated that he did receive a copy of an Ordinance on the books which prevents sem i trucks from driving on residential streets. W e just need to determ ine how to enforce this. Mem ber Fisher say that this subjects us to unnecessary wear and tear on the city’s infrastructure. He will be m eeting next week with som e others to look at the Ordinance and see about ways of enforcem ent. Mem ber W est asked if the contracting of grass mowing covers addresses at som e of the lots such as the old McDonald’s at 9 th and Cherry. Service Director Bartos said these lots will now be m owed by city workers since the other lots will be contracted out. Mem ber W est says he has tried to keep cats out of the conversation with the Anim al Control Officer. He wants that person to be out capturing vicious and wild anim als. He com m ended Pat Kirk for helping to beautify Market Square. Mayor Healy stated that he will be vetoing Ordinance #24. He has a lot m ore to look at and a lot m ore to discuss regarding the am ount this tax will generate. Law Director Martuccio says the Mayor has 10 days to provide a written reason for the veto. Council can still reconsider this if they feel they have the votes. Mem ber Hart hopes that all will take a m om ent to rem em ber D-Day later this week. ADJOURNM ENT: 8:50 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 16, 2014 @ 7:30 PM

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