City Council

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JULY 14, 2014 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Kevin Fisher, W ard 5 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1st Rdg O#8 and O#15-17; 2nd Rdg O#18 - O#24; O#8, O#15-O#17 adopted on 1 st Rdg; O#25 postponed until 7/28/14; O#28 adopted as am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks PUBLIC SPEAKS (CITY BUSINESS): Robert Capestrain, C. David Morgan, Rick Gatien, Manuel Halkias, Stephanie Sweany, Harry Klide, Leon M. Cote and Richard Reinbold spoke about their support for Charter and asked that Council dism iss their feelings for the Charter because this vote was only to place the issue before the voters. They believe that this would em power the City of Canton and that the City would no longer be under control of our State Legislators. They all stressed that the constituents have the fundam ental right to vote and that Council should trust their constituents. Patricia Kirk spoke about the zoning changes in W ard 2. She felt that another Fam ily Dollar store is not needed, but that the people in W ard 2 need a general store or a grocery store because there is no store in walking distance. She also felt that it would be im possible for the people to vote for a Charter if the people didn’t know what they needed to begin with. Jason Scaglione believes that paving in the winter tim e is foolish. He also believed that Council should give the people the right to vote on the Charter and also told Council to rem em ber how they voted on the issue. Charles Killens said that he left som e pictures with Mr. Sm uckler. He indicated that he had a form that he would fill out requesting the City to show where the City is storing their records. He spoke of his approval of the day’s Canton Repository article on the Mayor and Mem ber W est. He said that he liked how they agreed on the Federal law saying what should and shouldn’t be and that they took the tim e to advice people. He also said that he has been writing letters to Federal Judges, inform ing them that they’re violating the law. Ida W ebb spoke about the condition of the lot next to her property that has high grass, weeds, vines, and trees. She said that because of this condition, som eone tried to break into her house during the night. W hen she turned her lights off, they were able to run through the lot of the adjacent property and not be seen. She also com plained about groundhogs, skunks, and a baby deer being on the property. She said that she was able to speak to som eone prior to the start of Council m eeting and that they said they would help her. Pete DiGiacom o spoke about the high weeds and the Canton Repository newspaper article. He would like to know what’s going to be done about the people who will not cut their grass. He m entioned that 2-3 years ago people who owned property and didn’t cut their grass would be taken to court and that the City would add the cost of cutting their grass to their tax record, but that hasn’t happened. He believes they should be fined and receive possible jail tim e. Bill Dieffenbaugher spoke about his disdain for the Canton Repository article on grass cutting because he believes that everyone is just blam ing everyone else . He stated that because of the harsh winter, the street crew got behind in filling the potholes. He also said that before they could get all of the potholes filled, spring cam e with m uch rain and now they’re behind on the grass cutting. They’ve received assistance from the Park and W ater Depts. He com m ended his boss, Michael Rorar for the job that he’s doing. INFORM AL RESOLUTIONS: 32. PERSONNEL COMMITTEE: RE-APPT OF KYLE QUILLEN TO THE SYSTEMS PLANNING BOARD, COMMENCING RETROACTIVELY ON APRIL 1, 2014 AND EXPIRING MARCH 31, 2016. - ADOPTED COM M UNICATIONS: 296. AUDITOR MALLONN: MNTHLY RPT BY FUND 6/1/14 - 6/30/14. - RECEIVED & FILED 297. AUDITOR MALLONN: YRLY RPT BY FUND 1/1/14 - 6/30/14. - RECEIVED & FILED 298. AUDITOR MALLONN: REQ FOR ADDITIONAL AMENDED CERT DATED 7/9/14. - RECEIVED & FILED 299. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL(S) OF REAL PROP AND AUTH DISPO OF SAID PROP (PARCEL: 02-32362 AND 02- 32363; LOT#29428 AND LOT#29429 (COMBINED) - $543.60 TO JAMES HOSENBACKEZ. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 300. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL(S) OF REAL PROP AND AUTH DISPO OF SAID PROP (PARCEL: 02-21072 AND LOT #10820 - $589.92 TO JRC (FORMERLY JR COLEMAN)) - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 301. COUNCIL AS A W HOLE: REQ TRANSFER OF $175,000.00 FROM UNAPPROP BAL OF 1001 - GENERAL FUND TO 1001 601001 COUNCIL ADMIN - OTHER. - FINANCE COMMITTEE 302. LIQUOR CONTROL DIV (OHIO): REQ C1 C2 NEW PERMIT FOR OHIO CVS STORES LLC DBA CVS/PHARMACY 10372 @ 2210 TUSCARAW AS ST W . - RECEIVED & FILED 303. PARK DIRECTOR GORDON: CANTON PARKS ANNUAL REPORT 2012 - 2013. - RECEIVED & FILED 304. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO ACCEPT EQUIPMENT (18 PIECES) AW ARDED TO CPD THROUGH GRANT FROM LAW ENFORCEMENT STATE HOMELAND SECURITY TO BE PERMANENTLY INSTALLED IN MARKED CRUISERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - JULY 14, 2014 COM M UNICATIONS CONTINUED 305. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PAY MORAL OB TO AULTW ORKS FOR NEW PO FOR OCCUPATIONAL INJURIES AND DRUG SCREENS. - FINANCE COMMITTEE 306. SAFETY DIRECTOR PERRY: CITY’S RESPONSIBILITY FOR MAINTENANCE FEES FOR THE CAD SYSTEM. - FINANCE COMMITTEE 307. SAFETY DIRECTOR PERRY: W ITHDRAW AL OF COMMUNICATION #263 (BYRNE GRANT). - RECEIVED & FILED 308. SERVICE DIRECTOR BARTOS: AUTHORIZE AUDITOR TO PAY A REFUND TO TIMKEN STEEL CORP IN THE AMOUNT OF $121,257.49, FROM UNAPPROP BAL OF THE 5410 SEW ER FUND TO 5410 207003 74711 - UTILITY BILLING - OTHER & AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 309. SERVICE DIRECTOR BARTOS: AMEND SECTION 947.22, BACKW ATER RESPONSE INITIATIVE PROGRAM, OF THE CITY OF CANTON COD ORD BY INCREASING TIME LIMIT FOUND IN 947.22(c)(1) FROM FIVE (5) YEARS TO FIFTEEN (15) YEARS - JUDICIARY COMMITTEE 310. SISTERS OF CHARITY FOUNDATION: ANNUAL REPORT TO THE COMMUNITY 2013. - RECEIVED & FILED 311. TREASURER PEREZ: MNTHLY RPT PARKING METER REVENUE FOR JUNE 2014. - RECEIVED & FILED 312. TREASURER PEREZ: MNTHLY RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX ACCT FOR MONTH OF JUNE 2014. - RECEIVED & FILED 313. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF APRIL 30, 2014. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AMEND CHAPTER 105, CONTRACTS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Finance Com m ittee 1 ST RDG 2. AMEND APPROP ORD 264/2013 ($6,800.00 FROM UNAPPROP BAL OF THE 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER); EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. AUTHORIZE MAYOR AND/OR SERV DIR TO ACCEPT UP TO TW ENTY-ONE (21) NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOUSES AND ONE (1) HOME HOUSE; AUTHORIZE SALE OF PROP; TO ADVERTISE AND ENTER INTO CONTRACTS FOR THE MGMT OF ANY REMAINING RENTAL UNITS; EMERGENCY Referred to Com m unity and Econom ic Developm ent Com m ittee 1 ST RDG 4. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING DEC 31, 2015; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 5. AMEND APPROP ORD 264/2013 (3 SUPP APPROP - STREET, VEHICLE SELF INS, IT); (3 APPROP TRANSFERS - STREET, HARMONT SANITARY SEW ER, CODE ENF); EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE SAF DIR TO ACCEPT FROM STARK CTY SHERIFF THE 2014 EDW ARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AMT NOT TO EXCEED $38,805.00; RATIFY ANY AGMT ENTERED INTO W ITH STARK CTY COMMISSIONERS REGARDING DISTRIBUTION OF GRANT FUNDS; AUTHORIZE AUDITOR TO RENAME FUND 2787 TO THE 2014 BYRNE GRANT FUND; AMEND APPROP ORD 264/2013; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 7. AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ONE-YR CONTRACT W ITH MD STEPHENS, LLC IN AMT NOT TO EXCEED $25,000.00; EMERGENCY Referred to Finance Com m ittee (COUNCIL RECESSED AT 8:15 PM FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCE #8; RECONVENED AT 8:16 PM) 135/2014 8. AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ONE-YR CONTRACT W ITH BRADLEY B. BUSBY; EMERGENCY (PT CRIME ANALYST). Referred to Finance and Personnel Com m ittees 1 ST RDG 9. AUTHORIZE AND CONSENT TO MINOR REHAB AND MISC BRIDGE W ORK ON SR 30; EMERGENCY Referred to Public Safety & Thoroughfares Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 3 - JULY 14, 2014 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 10. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE A CONSTRUCTION CONTRACT TO FAIRCREST SANITARY SEW ER PROJECT, GP 1142 AND NEGOTIATE AND SECURE THE SANITARY SEW ER EASEMENTS/PROP OW NERSHIP ON BEHALF OF CITY; AMEND APPROP ORD 264/2013; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 11. AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W ITH CT CONSULTANTS IN AMT NOT TO EXCEED $114,900.00; AMEND APPROP ORD 264/2013 (FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207022 DISTRIBUTION MAINTENANCE - OTHER); EMERGENCY Referred to Finance Com m ittee 1 ST RDG 12. AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR AND ACCEPT OW NERSHIP OF 2426 - 30 TH ST NE THOUGH THE STARK CTY LAND REUTILIZATION’S SIDE LOT DISPO PROGRAM; ENTER INTO AGMT FOR AND SECURE CITY OW NERSHIP OF 2560 - 30 TH ST NE; ESTABLISH FAIR MRKT VALUE OF REAL PROP; AMEND APPROP ORD 264/2013; RESTRICT EXPLOITATION OF MINERAL RIGHTS ON THE PROP; EMERGENCY Referred to Finance and Environm ental and Public Utilities Com m ittees 1 ST RDG 13. AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE EAST SIDE INTERCEPTOR SANITARY SEW ER REPLACEMENT PROJECT (FRESHMARK), G.P. 1113 TO APPLY FOR, ENTER INTO AGMT W ITH AND RECEIVE FUNDS FROM JOBS OHIO; AMEND EXISTING AND/OR ENTER INTO AGMTS W ITH STARK CTY AND FRESHMARK FOR CONSTRUCTION OF PROJ; ENTER INTO AGMTS W ITH FRESHMARK FOR RECEIPT OF PERM SANITARY SEW ER EASEMENTS AND TO VACATE EXISTING EASEMENTS; AMEND APPROP ORD 264/2013; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 14. AMEND SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, OF THE CODIFIED ORDINANCES Referred to Judiciary Com m ittee COUNCIL RECESSED AT 8:23 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT TO DISCUSS ORDINANCES #15 AND #17; RECONVENED AT 8:35 PM; COUNCIL RECESSED AT 8:36 PM FOR THE PUBLIC SAFETY & THOROUGHFARES COMMITTEE TO DISCUSS ORDINANCE #16; RECONVENED AT 8:37 PM) 136/2014 15. ADOPT PLANS, AUTHORIZE MAYOR AND/OR SERV DIR TO COOPERATE W ITH AND REQ TRANS DIR TO PROCEED W ITH MINOR REHAB OF SR 297; EMERGENCY (RAFF RD) Referred to Public Property Capital Im provem ent Com m ittee 137/2014 16. AUTHORIZE AND CONSENT TO BRIDGE REPAIR ON STRUCTURE ON CLEVELAND AVE OVER US 62; EMERGENCY Referred to Public Safety & Thoroughfares Com m ittee 138/2014 17. AUTHORIZE TREASURER TO ENTER INTO CONTRACT W ITH INNOVATIVE SOFTW ARE SERVICES, INC. FOR THE PURPOSE OF ACQUISITION, TRAINING, CONFIGURATION, INSTALLATION AND IMPLEMENTATION OF ITS CITY TAX COMPUTER SOFTW ARE APPLICATION AND TO ENTER INTO A FIVE-YEAR LEASE AGREEMENT W ITH A LOCAL BANK; EMERGENCY Referred to Public Property Capital Im provem ent Com m ittee ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#18- O#24) 2 ND RDG 18. APPROVE STATEMENT OF SERVICES TO PROVIDE TO THE PROP OW NER IN GEORGE HALAS DRIVE ANNEXATION AREA, APPROX DATE SERV W ILL BE PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO CITY OF CANTON; EMERGENCY (ANNEX) 2 ND RDG 19. AUTHORIZE THE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT W ITH BROW NFIELD RESTORATION GROUP IN AMT NOT TO EXCEED $200,000.00 FOR W ORK TO BE PERFORMED AT FORMER RTI FACILITY UNDER CLEAN OHIO ASST FUND; AMEND APPROP O#264/2013; EMERGENCY ($200,000.00 FROM UNAPPROP BAL 2814 CLEAN OHIO FUND TO 2814 506001 CLEAN OHIO - OTHER) (FIN) 2 ND RDG 20. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO A JOB CREATION TAX INCENTIVE AGMT W ITH UNITED W AY OF STARK COUNTY PURSUANT TO CITY’S INCENTIVE PROG; EMERGENCY (C & ED) 2 ND RDG 21. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT W ITH CANTON REGIONAL CHAMBER OF COMMERCE TO PROVIDE GRANT IN AMT NOT TO EXCEED $175.000.00 FOR ECONOMIC & CIVIC DEVELOPMENT FOR CITY; EMERGENCY (FIN) 2 ND RDG 22. AMEND O#264/2013 ($338,795.55 FROM 2214 UNAPPROP BAL OF HOME FUND TO 2214 506001 HOME - OTHER) (C & ED) 2 ND RDG 23. AMEND APPROP O#264/2013; AUTHORIZE MAYOR, SERV DIR AND/OR CANTON PARK COMM TO ENTER INTO COOP AGMT W ITH GERVASI VINEYARDS FOR OPERATION, UTILIZATION & MAINTENANCE OF TRAILHEAD; EMERGENCY ($8,731.62 FROM UNAPPROP BAL 2181 GERVASI 1700 LLC TIF FUND TO 2181 202001 GERVASI 1700 LLC TIF - OTHER) (FIN) CANTON CITY COUNCIL AGENDA - PAGE 4 - JULY 14, 2014 ORDINANCE & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED: 2 ND RDG 24. AUTHORIZE MAYOR, SAF DIR, AND/OR SERV DIR TO NEGOTIATE & ENTER INTO CONTRACT W ITH RUNCANTON, INC; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: POSTPONED UNTIL 7/28/14 25. 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) DEFEATED26. PROVIDE 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; EMERGENCY 139/2014 27. AUTHORIZE THE MAYOR TO ENTER INTO AGREEMENT W ITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR THE RECEIPT OF THE FY 2015 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; EMERGENCY AS AM ENDED 140/2014 28. AUTHORIZE CANTON PARK COMMISSION TO ENTER INTO AGREEMENT W ITH THE CANTON JOINT RECREATION DISTRICT AND THE J. BABE STEARN COMMUNITY CENTER (JBSC) TO PROVIDE FUNDING FOR RECREATIONAL SERVICES AT THE JBSC; EMERGENCY 141/2014 29. APPROVE AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETW EEN THE CITY OF CANTON AND CANTON PROFESSIONAL FIREFIGHTERS’ ASSOCIATION LOCAL 249; EMERGENCY (ARTICLE 72 PHYSICAL FITNESS INCENTIVE) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, July 14, 2014 in Council Caucus Room at 6:15 PM 1) Finance Com m ittee 2) Environm ental & Public Utilities Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee 4) Public Safety & Thoroughfares Com m ittee 5) Judicial Com m ittee 6) Personnel Com m ittee M ISCELLANEOUS BUSINESS: Mem ber W est gave thanks and credit to Mem ber Mack for his research on the Charter issue. ADJOURNM ENT: 9:30 PM THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JULY 28, 2014 @ 7:30 PM