City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -492- MINUTES OF THE MEETING JULY 28, 2014 PRESIDENT SCHULMAN: Ladies and gentlemen, good evening. Welcome to Canton City Council. We certainly appreciate you all being here. Before we begin tonight, I know that Jennifer Kiko, from Representative Gibbs’ office, briefly addressed you. What I had asked Ms. Kiko to do though, is so the public is here and can hear also, is to give us a brief introduction, a brief overview and we want to welcome you, I’d like to welcome Jennifer Kiko. She is the Constituent Service Representative for Representative Congressman Bob Gibbs. Ms. Kiko, thank you again for being here. I’d also, just let the record reflect, we have asked State Representative Oelslager and State Representative Hagan to address us. They have not even bothered to respond to our letters that we send every week; but we do appreciate your being here. Welcome to Canton City Council. MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Yes. MAYOR HEALY: Sorry, I did hear from Repre...our Repre...Senator Scott Oelslager and I’ll follow up in reference to us setting something up. PRESIDENT SCHULMAN: Great, maybe he can come and speak to us. Thank you. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Okay, thank you..and again my name is Jennifer Kiko. Is this on...can you guys hear me? PRESIDENT SCHULMAN: Yes. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Okay, and I’m the Constituent Service Representative for Congressman Bob Gibbs who is your...the Canton City District Congressman. Actually, Ohio 7. At one time Congressman Regula was in charge of this entire area, they split the District a few years ago and it became three districts, and I have recently been named to take care of this part of Stark County and the top part of Tuscarawas County. I’ve been on-board for three weeks so please don’t scream at me (laughs). I have been trying very hard to...I am from this area, I was raised...I raised my children in Louisville. I graduated from East Canton and I am trying to become very familiar with what exactly is going on in our area as well as I know. This is ...we have a lot of great things happening in Canton. I think that we all need to really applaud all the work that we see every single day when you walk downtown. I’m blown away at how amazing this city of Canton looks, and I appreciate that as a resident. I’m just basically trying to understand the needs of this City. Understand the needs of the constituents, and I wanted to come and offer our support and let all of you know that...if I had business cards I would hand them to you, but we are here and we are listening and we do want to represent you. And we appreciate the opportunity. PRESIDENT SCHULMAN: We do appreciate your being here and I know you’ve only been on the job for three weeks, so... CONSTITUENT SERVICE REPRESENTATIVE KIKO: ...you’re going to be nice (laughs)... PRESIDENT SCHULMAN: ...no one intends to yell at you.. CONSTITUENT SERVICE REPRESENTATIVE KIKO: ...no, I know, I’m teasing... COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -493- MINUTES OF THE MEETING JULY 28, 2014 PRESIDENT SCHULMAN: But we...again...we do appreciate your presence here. There is a concern though, that I think is shared by everyone who is in this room, and I mean everyone, that the State of Ohio has gutted public financing to our urban areas. And they’ve done it, it seems to me, very purposefully and with a concept that they will look good to the public by passing down onto the urban areas, particularly our cities, the burden of supporting everything that cities do for the vast majority of people who live in the State of Ohio. Most people do not live in the farmlands... CONSTITUENT SERVICE REPRESENTATIVE KIKO: ...Right... PRESIDENT SCHULMAN: ...most people live in urban areas; and they chose urban areas for many, many valid and good reasons. What we have discovered is, because of the shortfall year after year after year, this Council and the Administration, has to make ends meet. We have to balance our budget and it seems to us that we’re balancing it on the back of our citizenry. We keep having to increase vital services that cities provide to its residents and that’s not fair for them. When the State of Ohio, literally, is sitting on almost $2,500,000,000.00 in cash. Now, I understand that Representative Gibbs doesn’t work for the State of Ohio... CONSTITUENT SERVICE REPRESENTATIVE KIKO: ...Right... PRESIDENT SCHULMAN: ...in that sense, he’s not in Columbus, he’s not passing these punitive legislative acts; however, the Federal Government does share a certain blame because the Federal Government is also depriving its citizens, including those who live here, of needed money for infrastructure. We have Commissioner Tom Bernabei here tonight. I guarantee you that if you sat down with him, Ms. Kiko, and our Mayor, among other people, they would give you an earful to take back to Representative Gibbs as to the declining and decaying infrastructure that is occurring; and we just heard about it tonight. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Right. PRESIDENT SCHULMAN: We have water pipes that are almost a hundred years old that have to be replaced. We cannot do that on our own. It’s not fair that we do it on our own. That’s a burden that should be shared by the State Government and also the Federal Government. I know there have been many requests of the President to Congress to pass infrastructure bills to get money out into the public; to get money back to the American people for these types of infrastructures: bridges, roads...you drive in this, for example, I’m going off the site, you drive here. Our roads are deplorable. We don’t have the money to make the repairs to our roads for our citizens. That’s got to be born not only by us, not only by these residents, but also our legislators in Columbus, the Governor, and particularly the Federal Government, through Congress. So, if you could send that message back to Representative Gibbs, we need help here. We are at least $7,000,000.00 short of where we should be. We cannot move forward if you keep pushing us back. We can’t do it. And eventually, it’s going to get to the point where the public is going to look at all forms of government and say, “Where are my tax dollars going”? So, if you could convey that message to Representative Gibbs, it would be very much appreciated, and maybe we could open up a dialogue among city governments locally. I think the City of Canton is Representative Gibbs’ largest city in his district... CONSTITUENT SERVICE REPRESENTATIVE KIKO: ...Yes... PRESIDENT SCHULMAN: ...and we need his help, and I’m hoping that we can all join forces, the Commissioners I know would be open to that, the Administration, Members of Council, if we could sit down COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -494- MINUTES OF THE MEETING JULY 28, 2014 and start having a dialogue of the needs of our cities, because without vibrant, strong cities, this Country is not going to move forward ever. In fact, it’s going to decline and decay, and we don’t want to see that. So, again, we appreciate you being here. If anybody else has any questions for Ms. Kiko... MAYOR HEALY: Mr. President. PRESIDENT SCHULMAN: Yes, Mayor. MAYOR HEALY: Thank you. Just to share some information...a couple things...1) Representative Gibbs was in the Ohio House during some of those votes that took away local government funds, so he did have a hand in what was happening here over the last five or six years; so, he’s not completely off the hook. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Okay... MAYOR HEALY: And second, the biggest issue that we have in reference to Federal funding, very, very similar to the local government fund that we get from the State, is the HUD dollars, CDBG money we get from the Federal Government. Our CDBG monies today, are less than 50% of what they were ten years ago. We’ve taken the same cut, it’s been over a little bit longer period of time, but we’ve lost most of the CDBG money and more than half of the local government fund money. Those are multi-million dollar reductions to the State of Ohio...to the City of Canton from the State of Ohio and from the Federal Government, and he’s been on both sides of those. We need his help, and please make sure that that gets back to him. Those CDBG dollars are critically important to inner-city areas like Canton, Youngstown, Cleveland, Akron, and other city areas. It’s critical for the people in these communities and we continue to get less and less of that. To give an example of the impact it has, we lost two of our top three employers in the past few months, in that department. Our director and an assistant in that department, and we only had enough resources to replace one of them based off the $20, $15 that are coming in. We didn’t even have enough money to replace the Director. That’s pretty bad when the cuts come in that steep. So, we need your help. Thank you. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Okay, I appreciate that. Thank you. PRESIDENT SCHULMAN: Anyone else? MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Member Mariol. MEMBER MARIOL: Yes, Canton, similar to other cities around the country, has a high poverty rate. A very important thing for this city, the State, and the Country as a whole, is that the $7.25 minimum wage is increased. I know President Obama has been pushing for that. I believe his number is $10.10, so I’d ask that you convey to Congressman Gibbs, the importance to this area, the State, and the Country, that people are able to earn a wage that they’re able to live on, and nobody can live on $7.25 an hour. It’s way too low. It’s amazing that we allow employers to hire people at this wage, and that needs to increase as soon as possible. CONSTITUENT SERVICE REPRESENTATIVE KIKO: Okay. Thank you. PRESIDENT SCHULMAN: Thank you Member Mariol. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -495- MINUTES OF THE MEETING JULY 28, 2014 MEMBER MARIOL: Thank you. PRESIDENT SCHULMAN: Anyone else? Okay. Ms. Kiko, thank you so much. I really do appreciate it. Maybe when you get a card, if you could send it to us, or at least send it to me then maybe we could arrange a monthly meeting or every couple months, to discuss what’s going on in Washington that might be able to benefit the people in your District. The people that Representative Gibbs represents. CONSTITUENT SERVICE REPRESENTATIVE KIKO: And I thank you for the opportunity. And, and, you know I do, I am right in the Stark County Office Building, and I really, I really do care. So does Congressman Gibbs. I mean, we do care about the residents of this city. I am here for...whenever you need me. I do that with appreciation. Thank you. PRESIDENT SCHULMAN: Great. Thank you so much. Have a wonderful week. We appreciate you being here. And with 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: 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: Twelve present, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Tonight invocation...tonight’s invocation will be given by my friend, Council Member David Dougherty. If you will all stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on July 28, 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 David Dougherty. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you as always Member Dougherty. We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances #9 through and include #21. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 9 through 21 to this evening’s agenda. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -496- MINUTES OF THE MEETING JULY 28, 2014 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The Motion carries and Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn to Public Hearings. We have none tonight. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business, I’ll turn this over to Deputy Mayor Fonda Williams. Mr. Williams DEPUTY MAYOR WILLIAMS: Thank you Mr. President. At our July 14th meeting, Mrs. Ida Webb had asked if we would look into a vacant lot next to her property. This was referred to Service Director Bartos and Superintendent Rorar to be addressed. Also, Mr. Pete DiGiacomo had asked if people that are not maintaining their property would be cited or taken to court for the code regulations. Law Director Martuccio was here, did hear that and his staff is going to figure out a way to address that. That concludes Old Business, Mr. President. PRESIDENT SCHULMAN: Thank you very much Deputy Mayor. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We have four speakers tonight. Our first is James Marshall. Mr. Marshall, welcome. If you’ll step forward sir and give us your name and your residential address please. JAMES MARSHALL: My name is James Marshall. I live at 215 - 48th Street NW, but this evening, Mr. President, this has to do with our business of Marshall Land Company at 138 - 12th St. NW. As I said, my name is James Marshall, I’m the owner of Marshall Land Company, a demolition contractor here in town, and what brings me here tonight is...currently, we’re in the process of raising the former Canton Waterworks Building for a private customer and we have acquired the cornerstone and a time capsule that, in consultation with Councilman Hawk and Hart, we decided that we were going to donate this to the City of Canton. We had talked with the Mayor’s office about it also, and we’ll make arrangements for the delivery of that to wherever we’re asked to deliver it here in town. PRESIDENT SCHULMAN: Can you give us a little flavor of how old it is and what we’re looking at? JAMES MARSHALL: The building was actually started in 1936. It was dedicated in 1937. That’s when the Mayor actually laid the cornerstone on the building. Inside the time capsule there’s many documents from the original employees, their very first time sheets with no time on it. There’s coins from that time, there’s some transit coins, and also there’s a small daisy button. We don’t know what it goes to, but it may have been like the Mayor’s wife...we’re not sure because there’s nothing with it. But we packaged it all up. We brought that with us tonight. It was in a copper box, similar to what they did at City Hall and it was in the top of the COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -497- MINUTES OF THE MEETING JULY 28, 2014 cornerstone and we pulled all that out. We opened it up just to see what it was, but we saved all the envelopes and so forth, so you can put them on display and ...they’re the City’s then. PRESIDENT SCHULMAN: Great. Thank you very much, Mr. Marshall. We appreciate it. (Applause). The next speaker is Bruce Nordman. Mr. Nordman, as always welcome to Canton City Council. If you’ll give us your name and your residential address, please. BRUCE NORDMAN: My name is Bruce Nordman. I reside at 1623 Logan Ave. NW. This evening, I’m here representing Group 175, to speak about Charter Government. We were elated for Councilman Mack’s leadership in pushing this issue, but with the same time, we were confused by the same Members of the City Council who last year supported a 4 mill increase for the Parks Department, having confidence in the voters, but at the same time, not con...not being confident in the voters to decide what kind of government that they want. We also want to thank the Canton Area League of Women Voters and also Greg Hawk, John Mariol, Edmond Mack, and Richard Hart, and Bill Smuckler for their support on this issue. Now, since that time, it looks as though we are going to let the voters make the decision because with Mr. Mack’s fine leadership, there is a petition out, which Group 175 supports. We’re going to lend our muscle and our time and our effort to secure the signatures so that the citizens and the voters, specifically the voters, registered voters, can make the decision on what form of government they want. Now, this is only to form the Commission. So the voters have some time to gather information and the Commission with draw up that recommendation and they’ll have a second opportunity. I think this public discussion is really good outside of the Council Chambers, out in the streets. So we are going to push for this very hard. We are going to put our shoulder behind the wheel and make sure that we get the necessary signatures so that will go on the next ballot. If anyone is interested in signing a registered...you have to be a registered voter...in signing this petition, I have copies here this evening. If you would like to distribute a petition, I also have them here so that you can do so. And again, thank you for your time. (Applause) PRESIDENT SCHULMAN: Thank you Mr. Nordman. Our next speaker is James Parker. Mr. Parker, as always, welcome. If you’ll give us your name and your residential address, please. JAMES PARKER: James Parker, 630 Penny St. SE, North Canton, Ohio. I would like to commend Mayor Healy on his making Guanzhou, China a friendship city to Canton, Ohio. His economic development ideas between these two cities seem incredible and I’d like to wish him very best of luck. I do believe that the Guanzhou people may be able to help with our opioid crack addiction problems. How? Why could they do this? In China, Guanzhou has been has been the center...the epicenter of the Opium trade from the British for over 300 years in Indian Opium. The two Opium Wars were fought, 1830's and 1860's, lost by the Chinese, exacerbating their opioid addiction problems even worse. Besides execution, Chinese have used the system of Traditional Chinese Medicine to combat the effects of opioid/heroin trafficking and addiction. These methods are scientifically validated and considered a national treasure by the People’s Republic of China. Using acupuncture, herbology, massage, and a unique method of auriculotherapy re-discovered within the last 60 years, traditional Chinese doctors treat opioid addiction with a validated degree of clinical effectiveness. Your aurical is your ear. This was re-discovered that our ear is like an inverted embryo with the entire body, these energy points that fortify the kidneys for willpower to calm the spirit to overcome cravings of addiction. It’s a very clinically validated method with over 25 years of research in 28 provinces in China. On Dr. Oz today, the lead doctor at the Cleveland Clinic espoused traditional Chinese medicine in the Clinic’s new program involving its co-use along with allopathic medicine. A recent international Auricular Therapy Symposium at the John Hopkins University just this May, was held for the first time in the United States. So, the Cleveland COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -498- MINUTES OF THE MEETING JULY 28, 2014 Clinic’s using it in the Clinic’s new program involving its co-use, is how hospitals in China, like the Beijing Massage Hospital, were set up. Canton’s own Dr. Q.P. Chen of Chen Acupuncture and Health Care on Fulton Road, worked as a respected doctor and researcher there. I happen to be his first American student. His clinic here accepts no insurance, yet he is extremely busy. Why? Because it works, that’s why. So, Canton, Ohio could reach out to a big city like our friendship relationship with Guanzhou, China. They could send us traditional Chinese medical doctors who specialize in the latest and best research methods and for the last 300 years, their protocols for heroin detoxification and withdrawal. Perhaps Mrs. Mayor Healy, Canton’s First Lady, who happens to be of Chinese descent, could help facilitate an exchange of doctors or scientists that Guanzhou would like to see. Perhaps Walsh Jesuit students or graduates. Why not? Similar programs have existed or still exist, but mostly on the West and East Coasts because of more Asian influence. The first traditional Chinese medicine detoxification program was started by Dr. Mutulu Shakur, step-father of the famous rapper, Tupac Shakur, in 1974, at the Lincoln Hospital in the South Bronx, New York. Using the work of Dr. Hsiang Lai Wen of Hong Kong, among others, hundred of heroin addicts were being treated simultaneously with excellent results. I have a book here reporting that observation by Dr. Misha Ruth Cohen, Oriental Medical Doctor and Licensed Acupuncturist, who witnessed hundreds of heroin addicts getting treated in a cold manner, using auricular therapy. All at the same time. You’ll see me next week. Thank you. PRESIDENT SCHULMAN: Thank you very much. (Applause). Our next speaker is Steve Silver. Mr. Silver, as always, welcome to Canton City Council. If you’ll give us your name and your residential address. STEVE SILVER: Thank you, good evening. My name is Steve Silver, I live at 2007 Kirk Ct. NW in Canton. I am a City resident. I also work in the City. My concern again, is about the Animal Control or Nuisance Officer that the City is contemplating hiring. I realize the financial situation the city is in, yet I believe we just hired an Arborist. Last two meetings I haven’t been here. I’ve looked at the minutes online and saw nothing about the animal control issue or nuisance control issue; however, after last meeting I heard a Council person on the radio discussing that within the next two months...two to three months he said...we should be hiring an Animal Control or Nuisance Officer. As a citizen, again, I advocate for all the animals who live out there, not just the cats. We had a big thing about that as everyone knows, I just don’t think that this city needs to be in the business of killing an animal because they’re walking across your yard. I can understand if we want to provide a service if a pack of racoons moves into your attic or something like that. But because a racoon walks across your yard, or an opossum, or something like that, we should not be in the process of killing them. That’s what I don’t want to see the City of Canton do. So I ask you again, if you’re truly going to be contemplating this Animal Control or Nuisance Control Officer, whatever you want to call it, please consider before you hire someone, what are you going to do with the animals? Because you know as well as I do, that’s going to be the majority of the complaints. They have a right to live just like you and I do. Thank you for your time. PRESIDENT SCHULMAN: Thank you very much sir. That concludes our Public Speaks. We appreciate our speakers as always. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Moving now to Informal Resolutions. We do have one. Madame Clerk would you begin with Informal Resolution 33. #33. COUNCIL AS A WHOLE: AUTHORIZE MAYOR TO ENTER INTO AGMT & EXECUTE DOCUMENTS TO PARTICIPATE IN THE BROWNFIELD COALITION & IMPLEMENT THE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -499- MINUTES OF THE MEETING JULY 28, 2014 GRANT. - PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President...I’m sorry...I lost track... PRESIDENT SCHULMAN: Resolution 33... MEMBER MORRIS: Yes sir, I got that... I move we adopt Informal Resolution #33, please. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution #33. Any other remarks? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #33 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries and Information Resolution 33 is adopted. 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 JULY 28, 2014. 314. APPLICANT, DENNIS R AND CAROLYN COPELAND: REQ ZONE CHG AT 915 WERTZ AVE NW FROM B-3 (GEN BUS) TO PB-4 (PLANNED SPECIAL BUS) FOR AUTO BODY REPAIR & AUTO REPAIR IN WARD 3. - PLANNING COMMISSION 315. COUNCIL-AT-LRG MBR HART: REQ PARK DIRECTOR GORDON & CITY ARBORISTS TO DESIGN A PLAN TO REMOVE DEAD TREES AND LIMBS FROM STADIUM PARK. - RECEIVED & FILED 316. DEPT OF COMMERCE: ADVISING NEW C-1-2 PERMIT FOR K O G S DRIVE THRU, INC @ 3101 6TH ST SW, 1ST FL ONLY WILL MOVE FORWARD AFTER OBJECTION WAS OVERRULED. - RECEIVED & FILED 317. DEPUTY MAYOR WILLIAMS: AUTHORIZE SERV DIR TO ENTER INTO LOAN AGMT IN AMT NOT TO EXCEED $2,000,000.00 BETWEEN CITY OF CANTON AND HISTORIC ONESTO, LLC IN ORDER TO PROVIDE GAP FINANCING TO HISTORIC ONESTO, LLC; REQUEST AN ORDINANCE BE CREATED AND AMEND SECTION 181.7 OF CODIFIED ORDINANCES OF CANTON TO ALLOW REVENUE BOND ANTICIPATION NOTES TO BE USED FOR FUNDING OF PROJ. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -500- MINUTES OF THE MEETING JULY 28, 2014 318. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DIRECTOR TO PREPARE RESOLUTION TO NOTIFY PROP OWNER OF 1117 8TH ST NW TO REPAIR HAZARDOUS SIDEWALK OR BE ASSESSED COSTS IF REPAIRED BY THE CITY. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 319. LIQUOR CONTROL DIVISION (OHIO): REQ TRANSFER OF C1 C2 PERMIT FROM A&K LUCKYSTAR INC DBA B&B SUPERMARKET @ 636 CHERRY AVE NE TO SHA B INC DBA B&B DRIVE THRU @ 636 CHERRY AVE NE. - RECEIVED & FILED 320. MAYOR HEALY: REQ APPROVAL OF RE-APPT OF CHARLES DEGRAFF TO STARK AREA REGIONAL TRANSIT AUTHORITY BOARD FOR 3 YR TERM FROM 9/1/14 - 8/31/17. - PERSONNEL COMMITTEE 321. MAYOR HEALY: ADVISE OF RE-APPT OF EMIL ALECUSAN TO MAYOR’S NEIGHBORHOOD COMMISSION FOR 1 YR TERM FROM 7/1/14 - 6/30/15. - RECEIVED & FILED 322. MAYOR HEALY: ADVISE OF RE-APPT OF SUE MEISTER TO MAYOR’S NEIGHBORHOOD COMMISSION FOR 1 YR TERM FROM 7/1/14 - 6/30/15. - RECEIVED & FILED 323. MAYOR HEALY: ADVISE OF RE-APPT OF JOYCE SUMLIN TO MAYOR’S NEIGHBORHOOD COMMISSION FOR 1 YR TERM FROM 7/1/14 - 6/30/15. - RECEIVED & FILED 324. MAYOR HEALY: ADVISE OF RE-APPT OF TINA ZENEDES TO MAYOR’S NEIGHBORHOOD COMMISSION FOR TERM OF 7/1/14 - 6/30/16. - RECEIVED & FILED 325. MAYOR HEALY: ADVISE OF RE-APPT OF DIANE WISSUCHEK TO MAYOR’S NEIGHBORHOOD COMMISSION FOR TERM OF 7/1/14 - 6/30/16. - RECEIVED & FILED 326. MAYOR HEALY: ADVISE OF RE-APPT OF REV. ACE GILLEMS TO MAYOR’S COMMUNITY RELATIONS COMMISSION FOR 2 YR TERM OF 7/1/14 - 6/30/16. - RECEIVED & FILED 327. SAFETY DIRECTOR PERRY: AUTHORIZE LEGISLATION TO CAUSE THE DEMO LIENS, ASSESSMENTS, PENALTIES & INTEREST TO BE DISCHARGED FOR PARCEL LOT #02-21664 (BEDFORD AVE SW). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 328. SERVICE DIRECTOR BARTOS: APPROVE PUBLIC AUCTION FOR CITY PROP NO LONGER VIABLE FOR PARK USE (ECONOMY CT NE, TIOGA PL NW, 2 ON LAWN AVE SW, MARION AVE SW AND 46TH ST NW). - PUBLIC PROPERTY CAPITAL IMPROVEMENT & PARKS AND RECREATION COMMITTEES 329. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AWARD & ENTER INTO CONTRACT FOR PURCHASE OF SNOW PLOWS; COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -501- MINUTES OF THE MEETING JULY 28, 2014 AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, REC BIDS, AWARD & ENTER INTO CONTRACT FOR PURCHASE OF SALT SPREADERS; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT FOR PURCHASE OF ITEMS IN ACCORDANCE WITH ORC 125.04 OR ORC 5513.01; MAKE A $75,000.00 SUPP APPROP FROM UNAPPROP BAL 4502 MOTOR VEHICLE PURCHASES FUND TO 4502 202210 - STREET MAINT - OTHER; AND AUTHORIZE THE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 330. SERVICE DIRECTOR BARTOS: RATIFY ACTIONS TAKEN & ALL CONTRACTS EXECUTED TO ADDRESS EMERGENCY SITUATION IN ACCORDANCE WITH SECTION 105.04 OF CANTON CODIFIED ORDINANCES; AUTHORIZE CITY TO REC GRANT FUNDS FOR PROJ FROM OPWC; AUTHORIZE AUDITOR TO ESTABLISH & CREATE 4576 FUND (32ND ST/OVERBROOK CT NW STORM SEWER REPAIR PROJ, GP 1213); MAKE $69,536.00 SUPP APPROP FROM UNAPPROP BAL 4576 (32ND ST/OVERBOOK CT NW STORM SEWER REPAIR PROJ, GP 1213 FUND) TO 4576-202099 (32ND ST/OVERBROOK CT NW STORM SEWER REPAIR PROJ, GP 1213 FUND & ORGANIZATION - OTHER); AUTHORIZE AUDITOR TO PAY MORAL OB TO LAYNE INLINER, LLC FOR AMT NOT TO EXCEED $86,920.00; AND AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 331. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 6/30/14. - RECEIVED & FILED 332. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FILED AS OF 5/31/14. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re 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 #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF TWO PARCELS OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #’S 02-32362 & 02-32363 ON CORNER OF E TUSC & COLE AVE FOR JAMES HOSENBACKEZ) Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -502- MINUTES OF THE MEETING JULY 28, 2014 (PARCEL #02-21072 ON WINFIELD WAY NE FOR JRC (FORMERLY JR COLEMAN)) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($175,000.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 601001 COUNCIL ADMIN - OTHER) Referred to Finance Committee #4. (1st RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT EQUIPMENT AWARDED TO THE CANTON POLICE DEPARTMENT THROUGH A LAW ENFORCEMENT STATE HOMELAND SECURITY PROGRAM GRANT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #5. (1st RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $328.00 TO AULTWORKS FOR OCCUPATIONAL INJURIES AND DRUG SCREENS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #6. (1st RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A REFUND TO TIMKEN STEEL CORPORATION IN AN AMOUNT NOT TO EXCEED $121,257.49; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($121,257.49 FROM UNAPPROP BAL 5410 SEWER FUND TO 5410 207003 74711 UTILITY BILLING - OTHER) Referred to Finance Committee (COUNCIL RECESSED AT 8:01 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #7; RECONVENED AT 8:14 PM) #7. (1st RDG) ADOPTED AS ORDINANCE NO. 142/2014 AN ORDINANCE AUTHORING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT WITH THE STARK COUNTY COMMISSIONERS FOR THE PURCHASE OF A SIX-YEAR MAINTENANCE CONTRACT FOR THE COUNTYWIDE COMPUTER AIDED DISPATCH SYSTEM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee PRESIDENT SCHULMAN: And at this time, the Chair will declare an in house recess for the recess for the Finance Committees and the Judiciary Committee to meet in regard to Ordinances 7 and 8 on your Agenda this evening. You’re now in recess. Chairman. PRESIDENT SCHULMAN: Council will reconvene after the recess. Leader Morris. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -503- MINUTES OF THE MEETING JULY 28, 2014 MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinances 7 and 8 back on this evening’s agenda. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 7 and 8 back on this evening’s agenda. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk The Motion carries. Ordinance 7 and 8 are a legal part of your agenda. Leader Morris. MEMBER MORRIS: Mr. President I move we suspend Statutory Rules on Ordinance #7. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 7. Any remarks? Hearing none again, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAY CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries. Leader you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #7. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Any remarks under this Ordinance? Hearing none again, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS PRESIDENT SCHULMAN: Twelve yeas, Mr. President #7 ADOPTED AS ORDINANCE NO. 142/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #7 has been adopted. Leader. (COUNCIL RECESSED AT 8:15 PM FOR THE JUDICIARY COMMITTEE TO DISCUSS ORDINANCE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -504- MINUTES OF THE MEETING JULY 28, 2014 #8; RECONVENED AT 8:21 PM) #8. (1st RDG) ADOPTED AS ORDINANCE NO. 143/2014 AN ORDINANCE AMENDING SECTION 947.22, BACKWATER RESPONSE INITIATIVE PROGRAM, OF THE CODIFIED ORDINANCES OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules on Ordinance #8. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rules on Ordinance #8. 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. Leader you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #8. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Any remarks under this Ordinance? Again, hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS PRESIDENT SCHULMAN: Twelve yeas, Mr. President #8 ADOPTED AS ORDINANCE NO. 143/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #8 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now move to Ordinances and Formal Resolutions for their Second Reading. If you would you please begin, Madame Clerk, with Ordinance 9. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #9 THROUGH #21 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -505- MINUTES OF THE MEETING JULY 28, 2014 #9. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 105, CONTRACTS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #10. (2ND RDG AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2015; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (3 SUPP APPROP - STREET, VEHICLE SELF INS, IT); (3 APPROP TRFS - STREET, HARMONT SANITARY SEWER, CODE ENF) #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT FROM THE STARK COUNTY SHERIFF’S OFFICE THE 2014 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT IN AN AMOUNT NOT TO EXCEED $38,805.00; RATIFYING ANY AGREEMENT ENTERED INTO WITH THE STARK COUNTY COMMISSIONERS REGARDING THE DISTRIBUTION OF GRANT FUNDS; AUTHORIZING THE AUDITOR TO RENAME FUND 2787 TO THE 2014 BYRNE GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($38,805.00 FROM UNAPPROP BAL 2787 2014 EDWARD BYRNE GRANT FUND TO 2787 102001 POLICE ADMIN - OTHER) #13. (2ND RDG) AN ORDINANCE AUTHORING THE MAYOR AND/OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A ONE-YEAR PROFESSIONAL SERVICES CONTRACT WITH MD STEPHENS, LLC IN AN AMOUNT NOT TO EXCEED $25,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO MINOR REHABILITATION AND MISCELLANEOUS BRIDGE WORK ON SR 30; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: APPLY FOR AND ACCEPT OWNERSHIP OF 2426 - 30TH ST NE THROUGH THE STARK COUNTY LAND REUTILIZATION’S SIDE LOT DISPOSITION PROGRAM; ENTER INTO AGREEMENT FOR AND SECURE CITY OWNERSHIP OF 2560 30TH ST NE; ESTABLISH THE FAIR MARKET VALUE OF REAL PROPERTY; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; RESTRICTING THE EXPLOITATION OF MINERAL RIGHTS ON THE PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY ($144,000.00 FROM UNAPPROP BAL 5601 REFUSE OPERATING FUND TO 5601 202010 ENGINEER DAILY OPERATIONS - OTHERS & $16,000.00 FROM UNAPPROP BAL 5410 SEWER OPERATING FUND TO 5410 202010 ENGINEER DAILY OPERATIONS - OTHER) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -506- MINUTES OF THE MEETING JULY 28, 2014 #16. (2ND RDG) AN ORDINANCE AMENDING SECTION 181.05, RETURN AND PAYMENT OF TAX; REFUND, OF THE CODIFIED ORDINANCES #17. (2ND RDG) ADOPTED AS ORDINANCE NO. 144/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE FAIRCREST SANITARY SEWER PROJECT, GP 1142 AND TO NEGOTIATE AND SECURE THE SANITARY SEWER EASEMENTS/PROPERTY OWNERSHIP ON BEHALF OF THE CITY; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (4 SUPP APPROPS, INTERFUND TRANSFERS & APPROP TRANSFER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance # 17. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #17. Are there any remarks? If not, 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 you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance # 17. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #17. Are there any remarks? 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. 144/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #17 is adopted. Ordinance 18. #18. (2ND RDG) ADOPTED AS ORDINANCE NO. 145/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -507- MINUTES OF THE MEETING JULY 28, 2014 PROFESSIONAL SERVICES CONTRACT WITH CT CONSULTANTS IN AN AMOUNT NOT TO EXCEED $114,900.00; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($114,900.00 FROM UNAPPROP BAL 5201 WATER FUND TO 5201 207022 DISTRIBUTION MAINTENANCE - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #18. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #18. Are there 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. Leader you’ve heard the three readings MEMBER MORRIS: Mr. President, I move we adopt Ordinance # 18. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: Moved and seconded that you adopt Ordinance #18. Are there 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. #18 ADOPTED AS ORDINANCE NO. 145/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #18 is adopted. Ordinance 19. #19. (2ND RDG) ADOPTED AS ORDINANCE NO. 146/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE EAST SIDE INTERCEPTOR SANITARY SEWER REPLACEMENT PROJECT (FRESHMARK), G.P. 1113; TO APPLY FOR, ENTER INTO AGREEMENT WITH AND RECEIVE FUNDS FROM JOBS OHIO; AMEND EXISTING AND/OR ENTER INTO NEW AGREEMENTS WITH STARK COUNTY AND FRESHMARK FOR THE CONSTRUCTION OF THE PROJECT; AND ENTER INTO AGREEMENTS WITH FRESHMARK FOR THE RECEIPT OF PERMANENT SANITARY SEWER EASEMENTS AND TO VACATE EXISTING EASEMENTS; AMENDING COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -508- MINUTES OF THE MEETING JULY 28, 2014 APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,200,000.00 FROM UNAPPROP BAL 5410 SANITARY SEWER FUND TO 5410 206314 EAST SIDE INTERCEPTOR SANITARY SEWER REPLACEMENT PROJ, GP 1138 - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #19. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule on Ordinance #19. Are there 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. Leader you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #19. Are there any remarks? I do want to follow up on what Member Mariol...the good questions he asked tonight...I will say that I think we all agree Freshmark is one of the hidden treasurers of this community. They employ, I believe, over a thousand people in our community. Pay very, very good jobs...union jobs with benefits and this is a good idea for them, so...and it’s a good thing for the City of Canton, and it’s a good thing they’re here in the City of Canton, so with that... 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. #19 ADOPTED AS ORDINANCE NO. 146/2014 PRESIDENT SCHULMAN: Thank you. Ordinance #19 is adopted. Ordinance 20 please. #20. (2ND RDG) ADOPTED AS ORDINANCE NO. 147/2014 AN ORDINANCE AMENDING O#264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($6,800.00 FROM UNAPPROP BAL 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER) PRESIDENT SCHULMAN: Leader Morris. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -509- MINUTES OF THE MEETING JULY 28, 2014 MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule on Ordinance #20. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule 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. Leader you’ve heard the three readings MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #20. Are there any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #20 ADOPTED AS ORDINANCE NO. 147/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance #20 is adopted. Ordinance 21 please. #21. (2ND RDG) ADOPTED AS ORDINANCE NO. 148/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO: ACCEPT UP TO TWENTY-ONE (21) NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOUSES AND ONE (1) HOME HOUSE; AUTHORIZING THE SALE OF THE PROPERTIES; TO ADVERTISE AND ENTER INTO CONTRACTS FOR THE MANAGEMENT OF ANY REMAINING RENTAL UNITS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #21. (Laughter). MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance #21. (Laughter). Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -510- MINUTES OF THE MEETING JULY 28, 2014 CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader you’ve heard the three readings MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: (Laughter). It’s been moved and seconded that you adopt Ordinance #21. Are there 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. #21 ADOPTED AS ORDINANCE NO. 148/2014 PRESIDENT SCHULMAN: Whew...boy...Ordinance #21 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Alright, now we move to Ordinances and Formal Resolutions for Third, Final Reading and Vote. Would you please begin with Ordinance 22. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #22 THROUGH #29 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #22. (3RD RDG) POSTPONED UNTIL 8/11/2014 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) PRESIDENT SCHULMAN: We have a great Clerk, don’t we. 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 postpone Ordinance #22. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -511- MINUTES OF THE MEETING JULY 28, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance 22 to, I believe, August 11th? MEMBER MORRIS: August 11th, I’m sorry. PRESIDENT SCHULMAN: That’s okay. 2014. Any remarks? Hearing none, by voice vote, all those in favor for the postponement, indicate by saying aye. Those oppose no. NO REMARKS #22 POSTPONED UNTIL AUGUST 11, 2014 PRESIDENT SCHULMAN: The ayes have it. The motion carries and Ordinance 22 is postponed to 8/11/14. Ordinance 23 please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 149/2014 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE GEORGE HALAS DRIVE ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY 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. 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. #23 ADOPTED AS ORDINANCE NO. 149/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 23 is adopted. Ordinance 24 please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 150/2014 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT WITH BROWNFIELD RESTORATION GROUP IN AN AMOUNT NOT TO EXCEED $200,000.00 FOR WORK TO BE PERFORMED AT THE FORMER RTI FACILITY UNDER THE CLEAN OHIO ASSISTANCE FUND; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 FROM UNAPPROP BAL 2814 CLEAN OHIO FUND TO 2814 506001 CLEAN OHIO - OTHER) PRESIDENT SCHULMAN: Leader Morris. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -512- MINUTES OF THE MEETING JULY 28, 2014 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? 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. 150/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 24 is adopted. Ordinance 25 please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 151/2014 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION TAX INCENTIVE AGREEMENT WITH UNITED WAY OF STARK COUNTY PURSUANT TO THE CITY’S INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. 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? Again, hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 151/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 25 is adopted. Ordinance 26 please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 152/2014 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE CANTON REGIONAL CHAMBER OF COMMERCE TO PROVIDE A GRANT IN AN AMOUNT NOT TO EXCEED $175,000.00 FOR ECONOMIC AND CIVIC DEVELOPMENT OF THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -513- MINUTES OF THE MEETING JULY 28, 2014 MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #26. Any remarks? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes...Member.... CLERK TIMBERLAKE: ...Fonda..... PRESIDENT SCHULMAN... Oh, I’m sorry... Deputy Mayor Williams. DEPUTY MAYOR WILLIAMS: Thank you Mr. President. I’ll keep my comments brief but I do think it’s pertinent to just reiterate what I stated a couple of weeks ago in Committee Meeting that the Chamber of Commerce has been a tremendous economic development partner for the City of Canton. And I just hope that Council will support this small measure of $175,000.00 so that their great work can continue. Thank you very much. PRESIDENT SCHULMAN: Thank you Deputy Mayor. Any other remarks? I would just echo what the Deputy Mayor said. The Chamber of Commerce does just a superlative job for our city and they are in integral part of all the development that is going on and I note, for the record, that Executive Director Saunier and his entire great staff is here tonight, waiting patiently for this vote. So, we do appreciate you here in the audience, as well as all the things you do all year round for our community. Thank you very much. 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. #26 ADOPTED AS ORDINANCE NO. 152/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 26 is adopted. Ordinance 27 please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 153/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($338,795.55 FR 2214 UNAPPROP BAL OF HOME FUND TO 2214 506001 HOME - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #27. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: (Inaudible)...I’m sorry. It’s been moved and seconded that you adopt Ordinance 27. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -514- MINUTES OF THE MEETING JULY 28, 2014 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 153/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 27 is adopted. Ordinance 28 please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 154/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE AND/OR CANTON PARK COMMISSION TO ENTER INTO A COOPERATIVE AGREEMENT WITH GERVASI VINEYARDS FOR THE OPERATION, UTILIZATION AND MAINTENANCE OF THE TRAILHEAD; AND DECLARING THE SAME TO BE AN EMERGENCY ($8,731.62 FR UNAPPROP BAL 2181 GERVASI 1700 LLC TIF FUND TO 2181 202001 GERVASI 1700 LLC TIF - OTHER)) 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. Any remarks? I’d like to add, Gervasi is another...not hidden treasure, just an amazing treasure in the community, so...it is spectacular property. 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. #28 ADOPTED AS ORDINANCE NO. 154/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 28 is adopted. Ordinance 29 please. #29. (3RD RDG) ADOPTED AS ORDINANCE NO. 155/2014 AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SAFETY AND/OR DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND ENTER INTO CONTRACT WITH RUNCANTON, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #29. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 29. Any remarks? Again, hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -515- MINUTES OF THE MEETING JULY 28, 2014 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #29 ADOPTED AS ORDINANCE NO. 155/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 29 is adopted, and good work everybody. That was a lot of...a lot of legislation tonight. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Turning now to Announcement of Committee Meetings. Is there any? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Chairman Hawk. MEMBER HAWK: How are you good sir. The Finance Committee will meet Monday August 11, 2014 at 6:30 p.m. PRESIDENT SCHULMAN: Thank you. Chairman Smith. MEMBER SMITH: I beat him too at this time, but you called on him... PRESIDENT SCHULMAN: ...I know... MEMBER SMITH: ...but anyhow... since he done already called it, C & ED will meet the same time, at 6:30. PRESIDENT SCHULMAN: Thank you. Any other... MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Member Mariol. MEMBER MARIOL: Public Property Capital Improvements, same time, same place. PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: Judiciary, same time, same place. PRESIDENT SCHULMAN: Thank you. Any other?... MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Chairman Hart: MEMBER HART: Personnel will meet at 6:30 also. PRESIDENT SCHULMAN: Thank you. That’s it?... MISCELLANEOUS BUSINESS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -516- MINUTES OF THE MEETING JULY 28, 2014 PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any? Member Smuckler. MEMBER SMUCKLER: Mr. President, I would like to take the opportunity to, number 1, commend the Administration on the annexation project of...and the sewer project from Faircrest. Those of you who ever sat in a hostile room of 50 people, which I happened to do a number of years ago with the residents of the church that is trying to move down there...can put you in a very uncomfortable situation. But this helps promote that when the city makes a promise, we keep our promises. And I commend the people that work on this. Number 2, and like I said, when the time comes to pat someone on the back, this is the time. To Commissioner Bernabei, who walked out of the room, and Joe Concatto, Mayor Healy, to the Safety Director, the Service Director, and anybody else that’s been involved with trying to get 911 on a regional basis, I commend you. I can’t, as you all know, this has been one of my many projects that I would have liked to have seen regionalized over the years, and you’re slowly getting there. And I mean slow. Mayor, I’m 59, I don’t want to be here when I’m 79. And I know you don’t want me here either. (Laughter). So, that’s your incentive tonight. And on...for the record...and I know there’s a picture somewhere, the Chamber got $175,001.00, right? ‘Cause I lost a bet. (Laughter). MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Member West. MEMBER WEST: I guess this would be the Service Director... the Engineer left...but along Cherry Avenue, between 5th Street and 6th Street, I understand that there’s been trees that’s been hacked, and our Arborist, our City Arborist is asking for us to put cameras down there. Do we know who did that, or who hacked these trees that are on 5th...between 5th and 6th? SERVICE DIRECTOR BARTOS: Mr. President, I’m not aware of the situation but I can look into it if you can give me the note. MEMBER WEST: I appreciate it. MEMBER HART: Mr. President. PRESIDENT SCHULMAN: Member Hart. MEMBER HART: Yeah, I guess in seeing this, what’s happening between the City and the County, you know it’s refreshing to see that, you know, different government entities can work together and just in terms of the health, safety, and welfare, our SWAT team is from ten juris...I believe ten jurisdictions within the County and actually Carroll County, and just a sense of cooperation is very refreshing from different entities, in particular when it comes to health, safety, and welfare. And also, I want to thank the Marshalls for their donation, you know, being a long time member of Canton Preservation, there’s a lot of demolition contractors that would do something like that and you would find it, if you could find it, in the bottom of a landfill somewhere. And you know, they see something and they took the time to save it. And again, it’s a great deal of Canton history, could have been lost. For future generations, when they see the name “Secome”, you know, it’s there. So again, I just want to say thank you. And also, in terms of policy, ‘cause I know this came from the Waterworks, which was sold many years ago, and just from a change, if we get rid of the City property, you know, I don’t want to be picking on anybody, but Administratively or if City Council...can somebody just take the time to go through a building to see if there is anything of historical significance from the City and we can get it out because this stuff could have been destroyed and lost forever. And again, just thank you to the Marshalls. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -517- MINUTES OF THE MEETING JULY 28, 2014 PRESIDENT SCHULMAN: Thank you Member Hart. It’s a very good idea. Any other miscellaneous business? Hearing none, Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. 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. Meeting is adjourned. (Gavel falls) Be careful everybody on your way home. ADJOURNMENT TIME: 8:46 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT