City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -399- MINUTES OF THE MEETING JUNE 16, 2014 PRESIDENT SCHULMAN: That’s as quiet I think I have ever started a meeting. Member Smuckler. MEMBER SMUCKLER: Mr. President and Members of Council and the audience number 1, I took a little ribbing walking in here tonight dressed the way I am but I sincerely apologize cause I respected the decorum of this Chambers and I always have. But what’s going on out there especially in Ward 8 where I was is just unbelievable, unbelievable. There’s whole chunks of asphalt coming out. There is flooding in all these homes out there. My pants are wet. I was crawling around trying to free things up with Edmond. It is just unbelievable what’s happening out in this community right now and I also know, we told the people out there how important it is for us to be at Council meeting also but, again, my sincere apologies because any normal basis in the 24 years I’ve been down here I’ve never dressed like this. PRESIDENT SCHULMAN: Thank you Member Smuckler. I don’t think that you even had to apologize for that and obviously Member Mack and the rest of us, our hearts go out to those who are affected by this really torrential downpour today. So, we’re thinking of your Ward constituents as we are all the members of our community and Member Dougherty I know is out in 6. I don’t want to leave him out either. So, with that and a quorum being 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: 11 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, JOHN MARIOL & EDMOND MACK) ELEVEN COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: Eleven present, Mr. President. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Madame Clerk. So Member Dougherty is not here at this time. Leader. MEMBER MORRIS: Mr. President, I move we excuse Member Dougherty from tonight’s meeting. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Dougherty from this evening’s meeting. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Member Dougherty is excused from this evening’s meeting and just so our Council record is complete, Member Dougherty is not here because of the flooding in his Ward among many other Wards in our city. Tonight’s invocation will be given by my friend Thomas West. If you’ll stand and remain standing please for our Pledge of Allegiance. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -400- MINUTES OF THE MEETING JUNE 16, 2014 MEMBER WEST: Mr. President I’m going to yield to my brother in Ward 2, Pastor Robert “Sarge” Easley of the Bridge over Troubled Water Outreach Ministries. They have now taken over the old Antioch Baptist Church which was on...where Pastor Henderson ruled for many years on Gibbs Avenue so if he would come to the podium and give us in pray. I also want to say this, he, this past weekend he represented Canton up in Cleveland on the Father’s Day pledge and did an awesome job so I asked him to come and pray with us today. Thank you. The regular meeting of Canton City Council was held on June 16, 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 Pastor Robert Easley. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Pastor very much. I love your T-shirt by the way. We’re now under Agenda Corrections and Changes, Leader. MEMBER MORRIS: Mr. President, I move that Rule 22A be suspended to add 2nd Readings Ordinances #6 through include #21. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 6 through 21 to this evening’s agenda. Any remarks? Hearing none. Madame Clerk, again, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The Motion carries and Rule 22A is suspended to add the 2nd Reading Ordinances. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning now to Old Business. I understand from the Mayor’s Chief of Staff, Mr. Williams, he has no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under to Public Speaks. We do have 7 speakers this evening. I can recognize most of you who have spoken before but just please remember, they’ll be a timer behind me. You all have 3 minutes. It’s not that we don’t want to hear from you but we’re more than happy to hear from you after the meeting too. So, our first speaker is Walter Moss. Mr. Moss good evening as always, welcome to Canton City Council. If you’ll give us though your name and your residential address please. WALTER MOSS: Yea, Pastor Walter Moss, 1601 Harvard Avenue NW here in the city of Canton. I’ve come tonight wearing a couple different hats. Of course my hat as a Pastor but secondly my hat as the CIRV, the Stark County Initiative to Reduce Violence, Project Director that I started at the end of November. I’ve had the opportunity to visit Cincinnati, Dayton, Toledo and Youngstown who have the project up and running and COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -401- MINUTES OF THE MEETING JUNE 16, 2014 the, our Police Chief have made a proposal and I’ve also have done some research. I was in Oakland, California in January. I was just in New York City this weekend celebrating Father’s Day with my daughter and grandbabies but, when I go to the cities I always read the newspapers to find out what’s going on especially dealing with, with gangs. I’ve been fortunate to be a part of, of some local intelligence dealing with our gangs, a group involvement issues and you know, when I saw what the Chief has proposed. To me it’s a proposal that basically takes the, our policing efforts forward instead of being reactionaries, it’s, it will take us I believe, forward. And I believe that Canton, Stark County, we really need to not be reactionaries but we need to be forward thinking even in our policing. Community policing all over the country especially in larger cities is really taking root now. And CIRV project, wherever it’s been introduced we’ve seen a dramatic drop in violence and gun violence. And so, when I saw what the Chief had proposed I’m a 100% behind that. Matter of fact, some of you saw the article in the paper on May, Saturday, May the 17th and I talked about boots on the ground. Well actually, we on Tuesdays from 1:30 to 2:30 starting up on Mahoning Road, we’ve already instituted what I call boots on the ground and from 1:30 to 2:30 we go and talk to residents and businesses and we’ll be doing our 3rd one on tomorrow. And so, I 100% support our Police Chief. I think he’s right on target and we really need to get ahead of these issues while we have the opportunity. We’ve done report in 2009. We know that they’re gangs and they’re group individuals in our county and so as a citizen, my third hat, as a citizen again, I support the Chief in this effort. I think we need to do something, something a little bit different and I think community policing is the way to go. Back with the CIRV project, we have an opportunity to go and speak in different neighborhoods. I got invited to a neighborhood tomorrow on Logan Avenue NW and then lastly, I believe all Council Members, you should have gotten a CIRV brochure maybe in your mailbox and if you want me to come to speak at any of your individual Council meetings, individual meetings in your Ward, I’ll be more than glad to do that. Thank you so much. PRESIDENT SCHULMAN: Thank you Pastor. (APPLAUSE) Thank you Pastor Moss for your public service. We really appreciate it. Our next speaker is Tim Porter. Mr. Porter good evening. Tim Porter’s not speaking. Thank you. Our next speaker is Ken Jones. Mr. Jones welcome. If you’ll step forward sir and give us your name and your residential address. Good evening. KEN JONES: My name’s Ken Jones. I want to thank the City Council for allowing me to talk about my issue today which is about the Land Bank rules. PRESIDENT SCHULMAN: Mr. Jones could you, would you pull the microphone down just a little bit cause I want everybody in the audience to hear. KEN JONES: Should I repeat that? PRESIDENT SCHULMAN: Yea. Do you mind? We won’t take it off your time. KEN JONES: My name is Kenneth L. Jones. I want to thank the City Council for allowing me to speak about the issue. PRESIDENT SCHULMAN: And you live at, I’m sorry 334.... KEN JONES: I’m about to get to that. Yes, I’m about to get to that. PRESIDENT SCHULMAN: Sorry. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -402- MINUTES OF THE MEETING JUNE 16, 2014 KEN JONES: I live at 334 5th Street SW which is right around the corner. It’s probably the 2nd closest house to City Council meeting, city government. In 2004, John Mulligan and I purchased this house at 334 5th Street SW as owner occupants we have been steadily rebuilding the property from day one, every single day for the last 10 years something has been done. OK, in fact we did some today. We’re working on a custom made vanity. Sorry you can’t hear me. It’s a, I’m ad-libbing now. It’s turned into a 10 year extreme makeover renovation and a nearly $100,000.00 cash investment, most of the money I earned as a certified medical lab tech working at various hospitals. My lot is small. It’s only 66.6 feet deep. It’s barely large enough for off street parking. In the last few years a small vacant became available within my block. It’s about 60 feet from the back of my property line. I called Mary Cirelli last year, last summer inquiring about the lot because I was interested. I talked, she told me to talk to Lem. I think he’s head of the Land Bank committee. This was last summer, the end of last summer. He said I didn’t qualify because I wasn’t an adjoining property owner. I didn’t qualify to be a recipient of that vacant lot. It was not going to giving, given to me at a low price from the city. I would have to foreclose and he said to wait. They were in the process of revising their rules to consider other people who might qualify. Last week I learned the adjoining neighbors who already have 200 feet and are the, they’re the adjoining owners, they have been promised this lot. Apparently, I don’t know if they have signed the paper yet but they’re already cutting the grass on it. I don’t understand how, how other property owners with a compelling interest in a vacant city lot cannot qualify when, but an adjoining slumlord can because there is an adjoining slumlord who did qualify but apparently he was not interested. There should be special considerations for homeowners who have clearly made a huge investment in one of Canton’s blighted neighborhoods. And this was, my house was on the demolition list and it should have been torn down because the roof alone had to be rebuilt and it took me one year. I did, we did, John Mulligan is sitting there in the back. We did most of the work ourselves and I invite everybody to drive by if you haven’t see it already. It’s an astounding job. I’m very proud of it. I didn’t do it for the money. I didn’t really do it for any purpose other than to make it look beautiful and because it is I’m lucky. I feel very lucky. It’s in the best place around downtown. There’s so much blight around downtown, I feel lucky. I’m very lucky that I got this particular property. I thank you all for listening. PRESIDENT SCHULMAN: Thank you sir very much. (APPLAUSE) And by the way Mr. Jones, we’re lucky to have you as a resident. Thank you. Our next speaker is Jim Parker. Mr. Parker good evening. As always welcome to Canton City Council. If you’ll step forward and give us your name and your residential address. JIM PARKER: Jim Parker. 630 Penny Street SE city of North Canton. Quietly shattered barrier. Most of us weren’t alive yet to hear it but in 1947 the world of baseball was rocked when Branch Rickey of the Dodgers signed Jackie Robinson the first black player to compete in the major leagues. It’s an acknowledgment of his courage and withstanding racial taunts and horrendous treatment in order to open the door for other black baseball players. A year earlier however, 4 black players signed with the pro football teams and none ever received the decorated distinction that was award to Robinson. Since black players have been in the NFL until the mid ‘30's. The Rams signed 2 rookies, Washington and Strood. The NFL forced them to sign blacks in LA but Paul Brown of the Cleveland Browns signed a Cantonian and McKinley graduate, Marion Motley and of course Bill Willis both Hall of Famers. Washington hobbled by bad knees and Strood didn’t last long in LA but, Willis and Motley enjoyed outstanding careers while playing under Paul Brown, first in the AAFC and later in the A, NFL. What I’m saying is, I’ve asked for Motley Field and we could turn the old Renkert Building and light it up like the 4th of July and project Motley and a lot of great stuff. I’ve been in contact with the owners of the building. It’s practically a go. Your CCZ report that you’re supposed to adopt, $110,000.00 said we could do something by the spring of ‘14 but they didn’t let it out until summer of 2014. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -403- MINUTES OF THE MEETING JUNE 16, 2014 Whatever. So the deal is, Motley broke the ground floor but he hit the tinted ceiling, the glass ceiling hard when it came to professional coaching, he was denied several jobs. He died of a broken heart being denied his coaching positions. He was told to get in the steel mills like they told Alan Page. Projecting on to the Renkert Building and turning it into Motley Field follows some guidelines in this report regardless of what you think is going on in Santa Fe, New Mexico that you can just poof, you know, model after here. I say we go with our heritage and self image that we have as the Pro Football Hall of Fame city. And this you’re expected to formally adopt but, Motley was the AFC, AAFC top career rusher voted all time NFL team, 1950 NFL top rusher, all decade team 1940's, most yards per carry in a single game that Michael Vick broke in 2002. A 52 year old record. Still rushed more than Jim Brown lifetime average per carry, 5.7 yards, 4,720 yards lifetime, 39 touchdowns. Let’s honor Motley, shall we. A street in the projects isn’t worth diddly squat. You know what the comedian says, if you see yourself on Martin Luther King Boulevard or thereabouts, you’re in the wrong neighborhood. I’m tired of dead white Presidents getting major league publication, you know, acknowledgment and all the black people getting the projects. Let’s bring it up to speed shall we. You got the Sam’s jersey is the #1 selling jersey, next to Johnny Football. We’re Canton, we’re not the 33 team to the NFL. We’re the first. Let’s get it right. Thank you. PRESIDENT SCHULMAN: Thank you Mr. Parker as always. (APPLAUSE) Thank you Mr. Parker it’s always good to hear from you. Our next speaker is Steve Silver. Mr. Silver good evening. As always, welcome to Canton City Council. If you’ll give us your name and your residential address please. STEVEN SILVER: Thanks. Steve Silver, 2007 Kirk Court NW, Canton. I first want to commend Council for trying to cope with the deficit caused by the state, the city such as Canton the best you can. House Bill 5 in many ways is taking monies from cities as Senate Bill 5 a couple of years ago was meant to take money from the workers and the 5 public pension funds. I for one will remember this come election time. Secondly, I want to talk about the issue Councilman West keeps bringing up about an Animal Nuisance Control Officer to deal with the wild and vicious animals as the Councilman has put it. No matter where I look at research I cannot find any of the world’s wild and vicious animals that live in Canton, Ohio. There are none. There are several wild and vicious humans living among us, just look at the crime statistics in this city. Presently and previously. Morals are seemingly to be lacking today more and more in humans and that is reflected in the amount of violent crime today. Across the United States humans and other animals seem caught in what is literally a vicious circle. As human population and urban sprawl increases so do conflicts between people and wildlife. When we destroy the habitat of wild animals, the animals will work hard to find ways to survive in the altered landscape. This sometimes means that wildlife and human life will come into conflict. To often individuals in such communities address such conflicts by killing animals but not only is lethal control inhumane causing great suffering for countless animals, it is often ineffective at solving the very problems it’s meant to fix. When animals are killed they leave behind a habitat vacancy that new animals will eventually fill especially if access to food and shelter has not been eliminated. Persons hired to deal with wildlife conflicts often rely on lethal control methods such as poisons, leg hold traps, snares. While many may use live cage traps to catch the animals initially, the animals will almost always be killed later. Methods of killing live trapped wildlife range from relatively quick gunshot to the head to the horrific drowning by submersion in a barrel of water or the injection of paint thinner. Fortunately an increasing number of companies are offering human non-lethal solutions to wildlife related issues and many humane solutions can be easily implemented by the homeowners themselves. Wild animals play a critical role in the ecosystems in which they live. I again urge Council to look into the situation very carefully. We need to be humane. These animals are not wild and vicious save for the possible sick animal or the animal cornered by a human. If you pursue this, please look COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -404- MINUTES OF THE MEETING JUNE 16, 2014 into humane methods to treat these animals. They are just trying to live like you and me. I see these animals in the city all the time as I live in the city. I guarantee they’re more afraid of us than we are of them. Thank you. PRESIDENT SCHULMAN: Thank you very much Mr. Silver. (APPLAUSE) Our next speaker is Cynthia Hofacre. Miss Hofacre as always, welcome to Canton City Council. If you’ll give us your name and your residential address please. CYNTHIA HOFACRE: My name is Cynthia Hofacre. I live at 335 36th Street NW in an area known as Market Heights. I was born and raised in the city of Canton and I’ve lived in Market Heights for 33 years. I have seen a decline in property values throughout the city. Market Heights is not immune from that type of decline and I see a decline in the not so distant future if we do not take care of the property at 252 32nd Street NW. This property has been willfully abandon for over 20 years and you’ve heard from all of us on many, many occasions. Year after year it’s the same thing. This guy refuses to take care of his property. In the meantime, the neighbors are forced to look at it and year after year it wastes the city’s resources in having to deal with this. We want to have resolve to this now. I don’t understand why the city seems to take his rights and I guess...I’m at a loss. I really don’t understand why he seems to have all the rights when the neighbors who are the majority are ignored. Their rights seem to be ignored. One of our neighbors had kind of a creative idea. I know the city has recently instituted the mandate that when a home goes into foreclosure the banks are required to post a bond. In dealing with this guy, and I know there’s properties like this all over the city, I don’t see why we can’t be forcing somebody who willfully abandons a home to have to put up some type of a bond. Why not treat them the same as these foreclosures that way you know there’s going to be a ready source of income coming in. When you look at this from an economic standpoint, hey neighbors in Market Heights, we work, we pay probably a higher percentage of taxes than many of the areas in the city and from an economic standpoint I think that as people are getting fed up with this and move out. At this point in time the surrounding homes next to this 252 property are now rentals and we’re seeing a decline and so if this keeps up the city is going to feel the impact on that economically. I just, I’m encouraging, I want to encourage the city to please take a positive reaction towards this guy and get this taken care of. Thank you. (APPLAUSE) PRESIDENT SCHULMAN: Thank you ma’am very much. (APPLAUSE) Our last speaker tonight is Robert Tabor. Mr. Tabor good evening, welcome. Welcome to Canton City Council. If you’ll give us your name and your residential address please. ROBERT TABOR: Robert Tabor. 2208 Dover Avenue. I’m here to talk about the property next to mine. I was here a couple of weeks ago as a concerned citizen of the neighborhood. Today I am here as a victim. I walked out of my house Saturday morning at approximately 8:45. I seen a gentleman stealing scrap from that building. I walked out my front gate. I stepped off my property less than 5 feet, I held up my hand like this and I had the phone on, I was talking to the dispatcher from 9-1-1. The gentleman accelerated his car, ran me over, threw me on to the hood of the car, then my arm went inside the car. He drug me down the road. Three people witnessed this. My girlfriend witnessed it from behind the fence. She seen me flying up over and the neighbor on the corner got his license number. Now that was Saturday. On Tuesday, that took three officers, an ambulance, and a rescue squad to come out. I didn’t go to the hospital which I should have but I was just, I was knocked down, drug, I didn’t know what I was thinking about. But anyway, 3 days later at my other, at my place I’m renting, my son wakes me up at 11:00 at night, there’s 9 cruisers on my property. They have a gentleman that was down there in the scrap, taking the scrap. They was confronting him. He got a little bit COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -405- MINUTES OF THE MEETING JUNE 16, 2014 sketchy so they called for reinforcements. The man jumped out of his car, ran. They turned the dogs loose on him. The dogs nearly ate the man alive. He had a fully automatic Uzi gun in his car and he had a warrant for his arrest. Now that was, there was over 12 to 20 officers on the property that I rent for over 2 hours. This is running into a lot of money and a lot of this is being drawn by this building. This man needs to put a fence up, tear...there’s no fence there. They said, told him to put a fence up. He put a snow fence up. Well guess what, it’s not snowing anymore and the fence is not there either. They need to put a fence around this property and to contain what’s going on there or somebody needs to fine this man. I was brought into the court and fined $500.00 for the same items on my property which is zoned exactly the same as his is. Why isn’t this man getting brought to justice? Thank you. PRESIDENT SCHULMAN: Thank you sir very much. (APPLAUSE) That concludes our Public Speaks. I want to thank all our speakers very much. As I said if you have some other things you want to tell us, we’ll be here after the meeting to listen to you and try to help you out and help our community out. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have none this evening. 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 16, 2014. 247. ANNEXATION CHAIRMAN WEST: REQ STATEMENT OF SERV FOR GEORGE HALAS DR. ANNEXATION (APPROX 0.967 ACRES LOCATED IN PLAIN TWP); EXPEDITED TYPE 2 ANNEXATION. - ANNEXATION COMMITTEE 248. APPLICANT LEE DICOLA: REQ VAC OF PORTION OF UNNAMED ALLEY (15' WIDE, BEING NORTH OF LOT 6452, EAST OF ALLEN SE, WEST OF WHEELING & LAKE ERIE, FOLTZ MACHINE). - PLANNING COMMISSION 249. AUDITOR MALLONN: MNTHLY RPT BY FUND 5/1/14 - 5/30/14. - RECEIVED & FILED 250. AUDITOR MALLONN: YRLY RPT BY FUND 1/1/14 - 5/30/14. - RECEIVED & FILED 251. AUDITOR MALLONN: REQ FOR ADDITIONAL AMENDED CERT DATED 5/29/14. - RECEIVED & FILED 252. CHIEF OF STAFF WILLIAMS: REQ LEGISLATION TO ENTER INTO CONTRACT WITH BROWNFIELD RESTORATION GROUP IN AN AMT NOT TO EXCEED $200,000.00 (SUPP APPROP FROM UNAPPROP BAL 2814 CLEAN OHIO FUND TO 2814 506001 CLEAN OHIO FUND - OTHER) FOR WORK TO BE PERFORMED AS PART OF FORMER RTI FACILITY AT 1575 TRUMP SE. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -406- MINUTES OF THE MEETING JUNE 16, 2014 253. CHIEF OF STAFF WILLIAMS: AUTHORIZE MAYOR OR DIRECTOR OF PUB SERV TO ENTER INTO AGMT WITH UNITED WAY OF STARK COUNTY (UNITED WAY) FOR NEW JOB CREATION INCENTIVE PROGRAM, WHICH WILL RESULT IN ADDTION OF 16 FULL TIME JOBS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 254. CHIEF OF STAFF WILLIAMS: AUTHORIZE THE CITY OF CANTON TO ENTER INTO A GRANT AGMT WITH THE CANTON REG CHAMBER OF COMMERCE FOR THE PURPOSE OF DEVELOPMENT OF THE COMMUNITY; EMERGENCY. - FINANCE COMMITTEE 255. COMM DEV DIRECTOR MILLER: REQ AMEND O#264/2013. (SUPP APPROP. FROM $379,420.50 FROM UNAPPROP BAL 2214 HOME FUND TO 2214 506001 HOME FUND - OTHER). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 256. DEPT OF COMMERCE: COUNCIL HAS WITHDRAWN ITS OBJ TO NEW PERMIT APPLICATION FOR MORELLO’S PIZZA, LLC DBA MORELLO’S PIZZA AND PASTA TO GO. - RECEIVED & FILED 257. MAYOR HEALY: NOTICE OF VETO OF O#108/2014 AMENDING SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, AND SECTION 181.15, CREDIT FOR TAX PAID TO OTHER MUNICIPALITY AND JOINT ECONOMIC DEV DISTRICT OF CODIFIED ORD WHICH PASSED ON JUNE 2, 2014. - RECEIVED & FILED 258. MAYOR HEALY: INFORM COUNCIL OF REAPPT OF DANNY THOMPSON TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL EFFECTIVE RETRO FROM 3/1/14 TO 2/28/17. - RECEIVED & FILED 259. MAYOR HEALY: REQ AUTH TO APPT WILLIAM JONES TO FAIR HOUSING COMMISSION EFFECTIVE RETRO FROM 6/1/14 TO 5/31/19. - PERSONNEL COMMITTEE 260. MAYOR HEALY: REQ AUTH TO APPT WILLIAM JONES TO FAIR EMPLOYMENT PRACTICES BOARD RETRO FROM 5/1/14 TO 4/28/17. - PERSONNEL COMMITTEE 261. SAFETY DIRECTOR PERRY: AUTH SAF DIR TO PAY MORAL OB FOR EMER DEMO AND CLEARANCE OF HOME AT 800 6TH ST SW IN AMOUNT OF $24,000.00. - FINANCE COMMITTEE 262. SAFETY DIRECTOR PERRY: WITHDRAW ORIGINAL COMMUNICATION #236 FROM 5/19/14 AGENDA, (REQ FOR ADDT’L BATTALION CHIEF). - RECEIVED & FILED 263. SAFETY DIRECTOR PERRY: REQ TO ACCEPT FUNDS FROM 2014 EDWAD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG PROGRAM) IN AMT OF $38,805.00 ON BEHALF OF CPD. FURTHER REQ THAT COUNCIL USE FUND 2787 FOR THIS GRANT AND THAT COUNCIL RATIFY ANY AGMT ALREADY ENTERED INTO WITH THE STARK COUNTY COMMISSIONERS REGARDING DISTRIBUTION OF GRANT FUNDS. - FINANCE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -407- MINUTES OF THE MEETING JUNE 16, 2014 COMMITTEE 264. SERVICE DIRECTOR BARTOS: REQ FOR SUPP APPROP OF ODOT FUNDING IN THE AMT OF $2,000,000.00 FROM UNAPPORP BAL OF 4563 (12TH ST N. CORRIDOR PROJ, G.P. 1098 FUND) TO 4563-202077 (12TH ST NO. CORRIDOR PROJ, G.P. 1098 FUND AND ORGANIZATION); MAKE ADDT’L SUPP APPROP OF SARTA FTA FUNDING IN THE AMT OF $500,000.00 FROM UNAPPROP BAL OF 4563 (12TH ST N. CORRIDOR PROJ, G.P. 1098 FUND) TO 4563-202077 (12TH ST N CORRIDOR PROJ, G.P. 1098 FUND AND ORGANIZATION - OTHER); MAKE ADDT’L SUPP APPROP OF $140,000.00 FROM UNAPPROP BAL OF 5201 (WATER WORKS OPERATING FUND) TO 5201-202077 (WATER WORKS OPERATING FUND - 12TH ST N. CORRIDOR PROJECT, G.P. 1098 FUND) - OTHER; ADDT’L SUPP APPROP OF $209,589.42 FROM UNAPPOP BAL 2113 (MUNI RD FUND) TO 2113-202077 (MUNI RD FUND - 12TH ST N CORRIDOR PROJ G.P. 1098 FUND) - OTHER; AUTH AUD TO DRAW WARRANTS UPON REPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 265. SERVICE DIRECTOR BARTOS: REQ FOR SUPP APPROP OF GERVASI TIF FUNDING IN THE AMT OF $8,731.62 FR UNAPPRP BAL OF 2181 (GERVASI 1700 LLC TIF FUND) TO 2181-202001 (GERVASI 1700 LLC TIF FUND - ENGINEERING ADMIN) - OTHER; AUTH MAYOR AND/OR SERV DIR AND/OR CANTON PARK COMM TO ENTER INTO COOP AGMT WITH GERVASI FOR OPERATION, UTILIZATION, AND MAINT OF THE TRAILHEAD.; AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY - FINANCE COMMITTEE 266. SERVICE DIRECTOR BARTOS & SAFETY DIRECTOR PERRY: AUTH MAYOR, DIR OF PUB SAF AND/OR DIR OF PUB SERV TO ENTER INTO A CONTRACT WITH runCANTON, INC FOR SERVICES TO BE RENDERED AND MATERIALS TO BE SUPPLIED BY CITY OF CANTON IN SUPPORT OF CANTON CITY MARATHON AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 267. TREASURER PEREZ: REQ LEGISLATION APPLYING PROACTIVE PROTECTIONS AND VETTING TO CONTRACTS COVERED BY SECTIONS 105.09 AND 105.10 OF THE CODIFIED ORDINANCES; REQ LEGISLATION REFER TO AND INCORPORATE PROVISIONS OF SECTION 181.04 PROVIDING FOR WITHHOLDING OF INCOME TAXES AND TAX ON NET PROFITS. - FINANCE COMMITTEE 268. TRUSTEES, HARTFORD HOUTS FUND: NOTICE OF RESIGNATION FR HARTFORD HOUTS POOR FUND GLEN STRONG, JOHN SKAKUN BOARD. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Under First Reading 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 #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -408- MINUTES OF THE MEETING JUNE 16, 2014 #1. (1ST RDG) AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE CITY OF CANTON THE QUESTION, “SHALL A COMMISSION BE CHOSEN TO FRAME A CHARTER?” AND FOR THE ELECTION OF MEMBERS OF THE CHARTER COMMISSION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2015 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Development #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE CANTON PARK COMMISSION TO ENTER INTO AGREEMENT WITH THE CANTON JOINT RECREATION DISTRICT AND THE J. BABE STEARN COMMUNITY CENTER (JBSC) TO PROVIDE FUNDING FOR RECREATIONAL SERVICES AT THE JBSC; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1st RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel & Finance Committees #5. (1st RDG) AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON PROFESSIONAL FIREFIGHTERS’ ASSOCIATION LOCAL 249; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel & Finance Committees PRESIDENT SCHULMAN: That concludes Ordinances for the First Reading. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now are under Ordinances and Formal Resolutions for the Second Reading. Madame Clerk will you please begin with Ordinance 6. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #6 THROUGH #21 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (ORDINANCES #16 - 21 ADOPTED ON 2ND READING) #6. (2ND RDG) AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (SE CORNER OF PIEDMONT COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -409- MINUTES OF THE MEETING JUNE 16, 2014 AVE NE AND AMERMAN PL NE FROM R-4 (MULTI-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR A FAMILY DOLLAR) PUB HRG 6/30/14 @ 7:30 PM #7. (2ND 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 #8. (2ND 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 #9. (2ND 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 #10. (2ND 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) PUB HRG 6/30/14 @ 7:34 PM #11. (2ND 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 #12. (2ND 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) #13. (2ND RDG) AN ORDINANCE APPROVING & ACCEPT THE REPLAT OF OUTLOT 1070; AND DECLARING THE SAME TO BE AN EMERGENCY (FAIRCREST AND GREENTREE SW) #14. (2ND 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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -410- MINUTES OF THE MEETING JUNE 16, 2014 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) #15. (2ND 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 #16. (2ND RDG) ADOPTED AS ORDINANCE NO. 113/2014 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 MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rules for Ordinance #16. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance #16 and our Clerk is probably happy with this.. Are there any remarks? Hearing none Madame Clerk, voice vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: (During roll call Clerk Timberlake announces that Member Dougherty has come in) Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader, you’ve heard the 3 readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks under this Ordinance? COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -411- MINUTES OF THE MEETING JUNE 16, 2014 MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Member Smuckler. MEMBER SMUCKLER: My apologizes again for not being here earlier but... PRESIDENT SCHULMAN: That’s alright. MEMBER SMUCKLER: I don’t have a clue. What’s the bond? What’s this for? PRESIDENT SCHULMAN: Chief of Staff. CHIEF OF STAFF WILLIAMS: Mr. President, Member Smuckler. These are the, these bonds are being issued as matching dollars for the Neighborhood Initiative Program which is the new demo program we received. MEMBER SMUCKLER: Thank you. PRESIDENT SCHULMAN: Any other remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 113/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16 is adopted. Ordinance 17 please. #17. (2ND RDG) ADOPTED AS ORDINANCE NO. 114/2014 AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH THE 1152 NEIGHBORHOOD INITIATIVE PROG ACQUISITION DEMO DEBT FUND; AMENDING 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rules for Ordinance #17. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 17. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -412- MINUTES OF THE MEETING JUNE 16, 2014 CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Leader, you’ve heard the 3 readings. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #17. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #17. 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. #17 ADOPTED AS ORDINANCE NO. 114/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #17 is adopted. Ordinance #18 please. #18. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 115/2014 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rules for Ordinance 18. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 18. Any remarks? Again hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader Morris you’ve heard the 3 readings. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #18. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Are there any remarks COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -413- MINUTES OF THE MEETING JUNE 16, 2014 under this Ordinance? MEMBER MORRIS: Mr. President, I move we amend Ordinance 18 per a copy all Council Members have in front of them.. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 18 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote on the amendment, signify by saying aye. Those oppose 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 #18 as amended. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend the caption and Section 1 of Agenda item No. 18 by changing the dollar amount from “$50,000.00" to “$100,000.00". PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18 as amended. Any remarks under this Ordinance as amended? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #18 ADOPTED AS AMENDED AS ORDINANCE NO. 115/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 18 as amended is adopted. Ordinance 19 please. #19. (2ND RDG) ADOPTED AS ORDINANCE NO. 116/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rule for Ordinance #19. MEMBER SMITH: Seconded. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -414- MINUTES OF THE MEETING JUNE 16, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #19. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. You’ve heard the 3 readings, Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #19. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks again under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 116/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 19 is adopted. Ordinance 20 please. #20. (2ND RDG) ADOPTED AS ORDINANCE NO. 117/2014 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rule for Ordinance #20. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 20. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. You’ve heard the 3 readings, Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -415- MINUTES OF THE MEETING JUNE 16, 2014 MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #20. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. 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. #20 ADOPTED AS ORDINANCE NO. 117/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 20 is adopted. Ordinance 21 please. #21. (2ND RDG) ADOPTED AS ORDINANCE NO. 118/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move that we suspend the Statutory Rule for Ordinance #21. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 21. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader Morris you’ve heard the 3 readings. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #21. MEMBER SMITH: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks under this Ordinance? Again hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -416- MINUTES OF THE MEETING JUNE 16, 2014 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 118/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #21 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for Third, Final Reading and Vote. We begin with Ordinance 22 please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #22 THROUGH #27 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #22. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 119/2014 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 Morris. MEMBER MORRIS: Mr. President, I move 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 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 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 opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22 as amended. MEMBER SMITH: Seconded. AMENDMENT COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -417- MINUTES OF THE MEETING JUNE 16, 2014 Pursuant to Rule 36, I move to amend Agenda Item No. 22 by the substitution of the attached revised ordinance for the originally proposed ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22 as amended. Any remarks on this Ordinance as amended? 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 AMENDED AS ORDINANCE NO. 119/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 22 is adopted as amended. Ordinance 23 please. #23. (3RD RDG) DEFEATED 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) PRESIDENT SCHULMAN: Leader Morris. 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. Are there any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #23 per a copy that all Council Members have in front of them. MEMBER SMITH: Seconded. PRESIDENT: It’s been moved and seconded that you amend Ordinance 23 by virtue of the copy before each Member of Council. Any remarks on that motion to amend? Hearing none by voice vote, all those in favor 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 #23 as amended. MEMBER SMITH: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 23 by substituting the Exhibit A attached to this COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -418- MINUTES OF THE MEETING JUNE 16, 2014 Amendment for the Exhibit A attached to the ordinance currently pending before Council. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23 as amended. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 5 YEAS, 7 NAYS (MEMBERS MORRIS, BABCOCK, HART, SMUCKLER, HAWK, MARIOL & MACK VOTED NAY) CLERK TIMBERLAKE: Five yeas, seven nays Mr. President. #23 DEFEATED PRESIDENT SCHULMAN: Ordinance 23 fails to be adopted as amended. Turning now to Ordinance 24. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 120/2014 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) PRESIDENT SCHULMAN: Leader. 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? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 120/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 24 is adopted. Ordinance 25 please. #25. (3RD RDG) POSTPONED UNTIL 6/30/14 AN ORDINANCE AMENDING SECTION 539.03, ADMISSION CHARGES AT KURTZ FIELD, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT SCHULMAN: Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -419- MINUTES OF THE MEETING JUNE 16, 2014 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? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes, Leader Morris. MEMBER MORRIS: I move we postpone Ordinance #25. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 25. Any remarks on the postponement? Hearing none by voice vote all those in favor... CLERK TIMBERLAKE: Can we please say it will be postponed until 6/30/14 please. MEMBER MORRIS: I apologize. Mr. President I move we postpone till 6/30 of 2014. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: OK, now we have a motion and a second to postpone Ordinance 25 until June 30, 2014. Any remarks on the postponement? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Ordinance 25 is postponed until June 30th. Ordinance 26 please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 121/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -420- MINUTES OF THE MEETING JUNE 16, 2014 MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. Any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 121/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 26 is adopted. Ordinance 27 please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 122/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE-YEAR CONTRACT WITH THE STARK METROPOLITAN HOUSING AUTHORITY (SMHA) FOR VEHICLE MAINTENANCE AND FUEL SERVICE 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? Hearing none again, 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. 122/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 27 is adopted. That concludes the Ordinances. Thank you Madame Clerk those were long and tedious. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: Thank you good sir. The Finance Committee meeting Monday, June 30th at 6:00 p.m. PRESIDENT SCHULMAN: Thank you. MEMBER HART: Mr. President. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -421- MINUTES OF THE MEETING JUNE 16, 2014 PRESIDENT SCHULMAN: Chairman Hart. MEMBER HART: Personnel mitty, Committee, no medication tonight either...(LAUGHTER) Oh my gosh. Let’s see if I can do this again. Personnel Committee will meet at 6:00 on June 30th. PRESIDENT SCHULMAN: I’m not going to repeat what I said last week. MEMBER HART: OK, thank you. PRESIDENT SCHULMAN: Although there seems to be no difference. Any other announcements? MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Member Mack. MEMBER MACK: Judiciary’s going to meet at the same time and at the same place. PRESIDENT SCHULMAN: Thank you. By the way Chairman Hart I’m glad to know you’re doing better. I see your out of your sleeve so, that’s good. Any other meetings? Nope, OK. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any this evening? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes Member West. MEMBER WEST: Just quickly I’d like to speak briefly about the failure of the Chief’s Deputy Chief. You know that was a, that was a hard vote and I would say but, if it came down to me as in...the Chief came to us asking for intelligently led police. This whole new wave of attacking crime in our community and I know that we met at the Mayor’s office several years ago or several months ago to try to figure out how do we address the crime, the shootings, the people that are dying on our streets. And you know, through that you know, we came up with ShotSpotter. You know we supported that. We hired more, 18 more officers. We supported that. We talked about the CIRV project and now that’s back and we got that going forward. Member Hawk brought up the gun intradiction program. You know that’s something that we all supported. And you know I’ve supported the cameras, neighborhood cameras and the traffic cameras. You know I think there’s not one answer to fix this problem but I have to say this and I just want to say this for the record, that the Chief has probably been the only person I have seen heavily in our neighborhoods. He’s been at every Neighborhood Association that asked him to come out and I voted yes because I wanted, because I believe in this Chief and this Chief is out there in the community and if he’s saying I need these tools to get this stuff by, I think we need to support that so, if there’s something that we can do to bring this back and really think about what we’ve done and get behind this please because this Chief is really going to address these issues in our community. Thank you. PRESIDENT SCHULMAN: Thank you Member West. Any other Miscellaneous Business? MEMBER MACK: Mr. President. MEMBER SMITH: Yes, Mr. President. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -422- MINUTES OF THE MEETING JUNE 16, 2014 PRESIDENT SCHULMAN: Yes Member, I’ll defer to Member Smith. Member Smith. MEMBER SMITH: Yes. I just wanted to address Mr. Jones and would ask him to wait after Council so I can let him know about the vacant and adopt a program, if you don’t mind. I appreciate it. Thank you. PRESIDENT SCHULMAN: Thank you. Member Mack. MEMBER MACK: Mr. President this last 3 hours has been pretty insane for the people in the northern part of the city. I’ve never really experienced anything like this to where were sitting here having a Committee Meeting and 5 cell phones are going off at one time and you know we, Bill and I went up there. He actually came down to City Hall and picked me up because I didn’t drive today, I was having some work done on my car and it’s just unbelievable. I mean lakes on 41st, 44th Street. Peoples cars floating away. Bill actually helped somebody, pulled them from the car. We went into a house on Chapel Ridge, sewage water coming up out of these people’s toilets. Unbelievable. And you know, as I’m standing there and all this was happening, I’m on my cell phone, Bill jumps on his cell phone. He gets some people up there. Fonda Williams jumped on his cell phone. We got the people up there. Cindy was fantastic on coordinating the calls and getting everything handled. I mean there’s still work to do but I’m so appreciative of Member Smuckler, of the staff and doing what we could to get on top of this issue because it’s terrifying. You have a finished basement and you have 3 foot of sewage water in your house and you know, everyone really kind of stepped up today. We have more work to do but I just wanted to say thanks to everyone. PRESIDENT SCHULMAN: Thank you Member Mack. Thanks for your service. Thank everyone for their service. CHIEF OF STAFF WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes Director Fonda. CHIEF OF STAFF WILLIAMS: First of all I’d like to commend Member Mack on his comments. I just want to inform the Members of Council last year about this time we had a really big disaster training drill and believe it or not in the history of Canton we were told it was the first time our safety forces worked hand in hand together which is quite embarrassing on one hand but it was a good thing that they were able to work together. The scenario was a, a sniper involved at Fawcett Stadium during a football game and we had various companies that helped us in terms of staging various accidents on the way to Fawcett Stadium. We had another terrorists throughout the city and things of that nature and overall the Department heads came together and did a yeoman’s job in my opinion and my opinion maybe only due to the fact that this was the first drill. Ironically or not, today, tomorrow and Wednesday all of the Department heads are involved in what we call NIMS training. National Incident Management Systems training to help prepare us for these type of disasters and unfortunately we had one tonight. Probably we’ll end up suspending the training tomorrow to be able to have all hands on deck to continue the rescue efforts as needed but Members of Council and members of the audience, I do want you to know that to the best of our ability we do try to prepare for these things but, it’s all hands on deck when things of this nature happens. Thank you. PRESIDENT SCHULMAN: Thank you Chief of Staff. Director Bartos. SERVICE DIRECTOR BARTOS: Mr. President. I also wanted to thank, thank Member Mack and Member Smuckler for their efforts and it was easy for us to get people on the phone because they were already there. I called Dan Moeglin, Jimmy DiMarzio, they were already responding. They were out together in tandem. Mike COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -423- MINUTES OF THE MEETING JUNE 16, 2014 Rorar was here for the Committee meeting but he said, hey you know, do you even need me to stay. Let me go grab a shovel from Cliff Graves and just go start digging some of these sewers out. So you know I’ve just received updates from our Engineer, Dan Moeglin who was in the field. This storm was more, was more intense than double the 100 year storm intensity. That’s, as you know no storm sewer is designed to handled a storm that’s double a 100 year storm intensity so, very, very intense storm. The Epicenter as you well know, was, appears to be from 30th Street to just north of 55th Street. If you have a flooded basement or you get calls about flooded basements please call, have the residents call Central Dispatch or call it in yourselves. They’re keeping a running list so we have a tally of everywhere we need to get. Please do not go in standing water and just be patient with us as we work through this. But a very intense storm. On a bit of a lighter note, I wanted to thank Council for passing the Sanitation Codified Ordinance amendments. It’s something that Mark Adams worked very hard on as well as Sharon Whaley from Utility Billing and Joe Martuccio, Kevin L’Hommedieu, Jane Carman, many members of our Law Department. We’ve been going back and forth. I think Mark’s happy cause he’s not going to have to hear me call him to ask him, hey Mark how do you, what do you think about this language or that language so, it’s a very big thing that we did though. We dropped rates and we made changes to Codified Ordinances that hadn’t been amended in 20 and 30 years and quite frankly had grown quite stale. So, it’s something that I was very excited to be a part of. Like I said, I thank Mark for all of his input and work on that. And one final note, you may have noticed that we’ve done a legislation request for 12th Street. We’ve come up with the additional funding we think we need to get that project started. I’d like to thank Representative Schuring who helped us secure an additional $2,000,000.00 in ODOT funding. So he worked, he worked through the state to get us an additional $2,000,000.00 and Dan Moeglin was able to work with some other folks in the city to find us some additional money to close that gap so, we’ve already put out bids. We’re asking that you pass the supplemental appropriation next meeting and it will be on 1st Reading but, the reason that I’m asking for such quick passage is because we’ll be opening bids next Friday the 27th. We really want to get this project moving. So, if we could pass that on 1st Reading I’d really appreciate it. Thank you. PRESIDENT SCHULMAN: Thank you Director. Member Smuckler. MEMBER SMUCKLER: I’m quick to criticize but I also should be quick to thank somebody. Mayor Healy I appreciate you showing up this evening and I think it was wonderful for the residents to see you out there. And I think you did a fantastic job and I can’t thank you enough for showing up. PRESIDENT SCHULMAN: Great job Mayor. Thank you and thank you Member Smuckler. Any other remarks? Just quickly, our Clerk sent out our letters again asking our State Representatives and in particularly to come and talk to us about the state budget. All these things are tied in. This is a system and it’s a, it seems to be a looping system. But we need resources for things like this tragedy that happened this evening and we don’t have them. So, as I said, every week we’re going to invite Senator Oelslager, Senator LaRose, Representative Slaby, Representative Hagan to come to us and explain what they’re doing in Columbus and why they feel that starving our urban areas of needed financial resources is in the long run a good idea for our community and a good idea for our state. I purposely left off Representative Schuring and Representative Slesnick. They actually did respond the last time and we did meet with them but I’m still waiting. We’re all still waiting for our state legislators to come here, explain how depriving us of very, very needed funds for this community and every urban area in the state is going to be beneficial to our state. Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Madame Clerk roll call vote please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -424- MINUTES OF THE MEETING JUNE 16, 2014 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Meeting is adjourned. Thank you everybody. Be careful going home. (Gavel falls) ADJOURNMENT TIME: 8:27 PM ATTEST: JUNE 20, 2014 APPROVED: JUNE 20, 2014 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT