City Council

COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -338- MINUTES OF THE MEETING JUNE 1, 2015 PRESIDENT SCHULMAN: Good evening, Ladies and Gentlemen. Welcome to Canton City Council. Appreciate you coming out on this cold, Spring evening. 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, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Tonight’s invocation will be given by my good friend and Ward 7 Council Member, John Mariol. Will you all stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on June 1, 2015 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 John Mariol, Ward 7 Council Member. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you, Member Mariol, for those stirring words! Leader, we’re now under Agenda Corrections and Changes. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances O#7 through and include O#17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 7 through 17 to 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. Rule 22 A is suspended and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We actually have three Public Hearings tonight. I always have more feeling for our Clerk when I do this. The first one is scheduled for 7:30 PM and it’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. THIS IS COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -339- MINUTES OF THE MEETING JUNE 1, 2015 LOCATED AT 1604 HARRISBURG RD NE FROM R-1A (SINGLE FAMILY RESIDENTIAL) TO PB-2 (PLANNED NEIGHBORHOOD BUSINESS) FOR JACK & LENA PORTER OF HOB NOB TAVERN, IN WARD 9, PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME. Is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward. And I must repeat myself...Is there is anyone in the audience wishing to speak for or against this Zone Change, will you please step forward. Seeing no one step forward, the Chair declares the public hearing over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. The second hearing is scheduled for 7:31 PM and it’s AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. THIS IS LOCATED AT 1411 CHERRY AVE NE FROM PB-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS) FOR FOP MCKINLEY #2 IN WARD 2, PLANNING COMMISSION HAS RECOMMENDED APPROVAL OF THE SAME. Is there anyone in the audience wishing to speak for or against this Zone Change, will you please step forward. And once again, is there is anyone in the audience wishing to speak for or against this Zone Change, will you please step forward. Again, seeing no one step forward, the Chair declares the public hearing over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. The final hearing is scheduled for 7:32 PM and it is AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. THIS IS LOCATED AT 211 15TH ST NW FROM R-2 (TWO FAMILY RESIDENTIAL) TO PB-2 (PLANNED NEIGHBORHOOD BUSINESS) FOR DR. JAMES D. JOHNS IN WARD 9, PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SAME. In regard to this Ordinance, is there anyone in the audience wishing to speak for or against this Ordinance, will you please step forward. Sir, I see you’re stepping forward. If you’ll give us your name and your residential address, please. BRUCE BREWER: My name is Bruce Brewer. I live at 1520 Harvard Avenue NW, Canton, Ohio. I’m speaking in favor of this resolution. Dr. Johns has a building, I live right behind. I’ve known Dr. Johns and his business established in, I know this...I actually know his father. But they’re great neighbors, they’re great business people. The folks who are moving into the business, I know them well. They’re of our neighborhood too, and I just think that with them moving their business into our neighborhood, it’ll be good for everyone concerned. I’m asking Council to please approve that. Thank you. PRESIDENT SCHULMAN: Thank you very much, sir, for coming down. We appreciate that. And again, is there anyone else in the audience wishing to speak for or against this Zone Change, will you please step forward. Seeing no one step forward, the Chair declares the public hearing over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. That concludes Public Hearings. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business, I’ve asked the Deputy Mayor, Fonda Williams, whether there was any Old Business. He indicated there is not. PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning now to Public Speaks. We have 8 speakers this evening. One of whom I took the liberty of giving more time because it’s not quite a Public Speaks. It’s a request and I think it’s an important one. Our first speaker is Jonathan Bailey. Mr. Bailey, good evening as always. Welcome. If you’ll step forward, sir, and give us your name and your residential address please. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -340- MINUTES OF THE MEETING JUNE 1, 2015 JONATHAN BAILEY: May name is Jonathan Bailey. I live at 405 3rd St. NE, Canton, Ohio. PRESIDENT SCHULMAN: Welcome. You might want to move that down, you’re just getting a little feedback. There you go sir, thank you. JONATHAN BAILEY: I doubt that I’ll have anyone actually listen to me here. This is unreal. You guys passed an Ordinance for vendor’s license. That is ridiculous for the downtown area. It’s excluding people. You know, this is about the free competition, this is America, you know. Free enterprise...competition...and you shut it down in the downtown area. I took the job, the only job I can get, and I saved every dime I had, and I spent every penny of it to make my own business. I’m finding out now, just this morning, that I’m probably not going to be allowed to do it, because of the ridiculous vendor’s license that you have for the downtown area. Shutting down all the venues that’s here. And I don’t believe that anyone here says there’s shades of gray on this, because you all have brains that work, right? Hopefully. This is obvious what this is. (Inaudible) says, this is a law that keeps poor people in their place. It keeps them poor. This is ridiculous. It needs to be changed. There was nobody threatened by that taco stand that was down there. Nobody. That law was motivated by shear hatred of poor people and racism. What else could it have possibly have been? It’s what it looks like, feels like, and sounds like. You cannot say it’s not this. This is a black and white situation. This is not gray. This is wrong. And I know you’re not going to listen to me because when I was here the last time, all of you said that you were going to put a bicycle rack out here, from the Parks and Recreation Services, were going to put a bicycle rack out here. It’s been a year and a half, over a year and a half. I’ve been around this block twice today, it ain’t there. You’re not going to listen to me, you didn’t listen to me then, you’re not going to listen to me now. Cause I don’t have the damn money to pay for play, like these rich restaurants did, to get this ungodly law passed in this city. What is wrong with you people? PRESIDENT SCHULMAN: Thank you, Mr. Bailey, very much. Our next speaker is Bruce Nordman. Mr. Nordman, if you’ll step forward and give us your name and your residential address, please. And as always, welcome. BRUCE NORDMAN: Thank you. My name is Bruce Nordman. I reside at 1623 Logan Avenue NW. As promised, I passed out...you have in front of you, the 48 Neighborhood Associations in the city. I had two meetings with Marilyn Thomas Jones, who heads up the Stark County Community Foundation and she provided this for me to pass out to you, so...I know you don’t have addresses here, but I know that in our ward, Frank Morris, who has six Neighborhood Associations. I did a little homework and talked to people, and quickly found out who the officers were and what their locations and telephone numbers were. Now, the next question came about telephone numbers for the Neighborhood Association. In the past, the Neighborhood Association, or Stark County Community Foundation, did provide telephone numbers. Somehow those numbers, which were supposed to be kept for business purposes, managed to leak out and a lot of the members and officers of the various Neighborhood Associations were getting calls on swampland in Florida and...where’d you get my information? So, the Board of Directors decided that they would not provide this information. But if you do a little homework and get in contact with the officers or the Neighborhood Associations in your area, I know that you can quickly get this and make good use of it, so there’s greater cooperation between you, as Ward Councilmen, and your Neighborhood Associations. It’s a good way to get input to you and it’s a good way for you to pass the messages own down to the Neighborhood Associations. My other purpose in coming here tonight is to cite two tremendous assets that we have in this city. One is the Repository, and we have Alison here today, representing the Repository. And before here, Matt Rink. And also, from WHBC, we have Malika. I think both of these institutions are well represented and do a great job in carrying your message forward. Now, this Wednesday, at...from 11:30 to 1:30 in...at McKinley Monument there’s going to be, put on by the COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -341- MINUTES OF THE MEETING JUNE 1, 2015 Repository, a reader appreciation, free picnic lunch. Since this institution and paper for 200 years has done such a wonder job in representing this community, let’s all get out there and show them that we really appreciate what they’re doing and give them our vote of thanks. And again, thank you so much for your time. (Applause). PRESIDENT SCHULMAN: Thank you, Mr. Nordman, as always. We appreciate your views and your recommendations are always right on. I will say that is Mikayla Madison, not Malika Madison, but that’s alright. Just...12:00 noon, WHBC. Our next speaker is Eugene Blakely. Is that correct sir? EUGENE BLAKELY: Yes. PRESIDENT SCHULMAN: Good. If you’ll step forward, sir, and give us your name and your residential address please, and welcome. EUGENE BLAKELY: Okay, I’m Eugene Blakely. I reside at 2622 Caprice Avenue NW. We had an issue with some shooting down at my house...well, they were running past my window shooting. It seems like every time I call the police department, I mean, I have a speech impediment and the people there treat me like a little kid. I’m a grown adult, I don’t need to be treated like this. I mean, because they should have a car coming out there and doing their job, and they’re getting smart with me. I don’t need this no more. I’m fed up with this. PRESIDENT SCHULMAN: How many times have you called, sir. EUGENE BLAKELY: I’ve called like, 3 or 4 times about the music, and then I come home one night...I got like 10 (Inaudible), whatever. I can’t even get down my steps. And they ask me why I don’t call. And then I get attitude. Why do I get attitude from the Police Department. I don’t get it. I’m just fed up with it. PRESIDENT SCHULMAN: Well, if you’ll stick around until the meeting’s over...it should be over soon, hopefully, and we’ll be happy to talk to you about that. Is that alright? EUGENE BLAKELY: Okay, thank you sir. (Applause). PRESIDENT SCHULMAN: Thank you sir, very much. Thank’s for coming down, but stick around. Our next speaker is Bruce Brewer. Mr. Brewer. BRUCE BREWER: (Inaudible). PRESIDENT SCHULMAN: Sorry... CLERK TIMBERLAKE: He wants to speak for Dr. Johns... PRESIDENT SCHULMAN: Oh, right, great, thanks. Sorry Bruce, I didn’t realize. Mary Bennett. Ms. Bennett, welcome. If you’ll step forward and give us your name and your residential address, please. MARY BENNETT: Good evening, Council people and citizens of Canton. My name is Mary C. Bennett. I resident at 1226 Fulton Rd. NW, Canton 44703. PRESIDENT SCHULMAN: Go ahead, ma’am. I’m sorry. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -342- MINUTES OF THE MEETING JUNE 1, 2015 MARY BENNETT: Okay. I first...two things I first want to say. I want to apologize. I was here maybe about 3 or 4 weeks ago. I came and I was very, very upset because of some situation that I had just endured that day. And it’s been a long time coming. Second thing I want to say is, I want to thank Councilman Morris for coming over and speaking to myself and my beautiful daughter and our friend that came this evening. I just want to say this. This situation about the housing and the landlord/tenant in Canton, is very, very serious. I’m not down here just being a complainer. I am very concerned. My parents...my grandparents came from Italy and Yugoslavia, then my parents was here...they did very well raising all of us children, and I’m here to say that I love Canton and I want to see it improve. Tonight, with me, is my beautiful daughter, Maria, came and our beautiful friend Jackie Austin. They are the next generation, people. They’re raising my grandchildren and I’m concerned because the housing situation and what is going on with city code. Fair Housing...situations like this. The houses not being registered. Just major, major, major things. And the first concern was...back...the city had given a landlord a lot of money to restore his property. That was my first major thing that happened to my family, and he didn’t do it properly. There was..it was overtaken by mice, which caused us...my first homeless situation. I became homeless for 18 months with my husband, who at the time, went on to be with the Lord, but was bipolar. It caused us terrible, and actually, the situation never corrected itself from that many years ago. I’m just here crying out, asking you guys to listen. Just pay attention to what these beautiful women are going to say. And it’s not just them. There’s people all over the city crying out for better situations and some solutions. Thank you. (Applause). PRESIDENT SCHULMAN: Thank you, ma’am. Our next speaker is Maria Bennett. Ms. Bennett, if you’ll step forward. Good evening, welcome. If you’ll give us your name. You’ve kind of been introduced, but you name and residential address, please. MARIA BENNETT: My name is Maria Bennett and I reside at 1226 Fulton Rd. NW, 44703. I’m here tonight because on May 1, my sister and I attempted to move into a property on Worley Avenue, NW. We had given the landlord our security deposit in April. There were some things with the house that he had told us would be fixed by the time we gave him our first month’s rent in the beginning of May. So, we went to give him the rent. The things that he said were going to be done weren’t. He assured us “we’ll get them done in a week, or 30 days, or whatever”. The home that we were in on 9th Street wasn’t a good situation either, so I really wanted to get my 2 small children, hopefully into a better home. That day, as we’re moving our things into the house, he had the electric and the heat off all winter, so when the water company came out to turn the water on, the pipes exploded all over the house, and there was water coming out of the ceiling, all over the bathroom. I realized that the 2 car, attached garage to the home, was completely dark when I first looked at the home in April. I shined my flashlight in there, it’s full of mattresses, cement, two by fours, furniture. The yard was full of tree shrub, shingles from a roof, the fence wasn’t finished, there was no mailbox on the house, the railing was loose, there were wires in the basement. So, we immediately moved our stuff back out and moved in with our mom. We had City Code come down because he refused to refund us our $1500.00 that we had given him. So, we had City Code come on Friday and do an inspection. The electrical box in the basement does not have a panel and the Inspector told my mom and me that if we had so much as touched it, walking up the stairs, it would have killed us. It would have killed us. That is how dangerous the home, that is not registered, that this man was going to rent to me, my sister, my three year old, and my two year old. He did not give us a move out notice, which means this man will probably try to evict us next month because I’m not gonna...you know what I mean...get off the lease until I get my $1500.00 back, because that’s a lot of money to just hand over to someone to night get a home that’s proper for me and my family to live in. My sister and I, and my children moved into a home with my mother, that we found out within a week of living there, was infested with bedbugs. My sister got bit so bad that she had to go to the doctor and receive medication because her arms had swollen from the COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -343- MINUTES OF THE MEETING JUNE 1, 2015 bites, because she was that allergic to them. Now, we have to lose our beds, our couch, all of our electronics, our washer, our dryer. I have to wash each individual toy that my child has, every piece of clothing, all of our stuffed animals, all of our shoes, every single book that I have. I have to go through every single page, every DVD case...and it’s just ridiculous. It is absolutely ridiculous. I’ve been to fair housing on multiple occasions, I’ve called lawyers, I’ve talked to Legal Aid, which they directed me to Legal Aid in Akron, they said they can’t do anything for me because they’re in Akron, even though I called the people in Canton. I just don’t understand who is supposed to be holding these landlords accountable. Thank you. (Applause). PRESIDENT SCHULMAN: Before you sit down, what’s the landlord’s name? MARIA BENNETT: His name is Jeff Melton, and the company that owns the home is Global Core and Associates, LLC. PRESIDENT SCHULMAN: Global what? MARIA BENNETT: Global Core and Associates, LLC. PRESIDENT SCHULMAN: What’s the address? MARIA BENNETT: It’s 1220 Worley Avenue NW 44703. Thank you. PRESIDENT SCHULMAN: Okay, thank you very much ma’am. Our last speaker...our second to the last speaker, Jackie Austin. Ms. Austin, welcome. If you’ll step forward and give us your name and your residential address, please. JACKIE AUSTIN: My name’s Jackie Austin. My address is 916 6th St. NW, 44703. My problem is, I’ve only been in Ohio for a year. I’m from Detroit. I moved down here because I was paying $1100.00 in rent in a Condo, and I got my kids and my sister thought it would be so much cheaper, and it’s nicer. And I come down here really optimistic about this city. But I haven’t got that. I just want to leave. I have a son that has ADHD and he’s autistic. I’ve had to live in three different places, I have to keep moving because landlord are not doing what they’re supposed to do. You go to court, I go here, I go to City Hall. I stand in City Hall all day today, with a two month old, a one year old and an eight year old. Now I’m going to have to move at the end of this month because I’ve asked my landlord to come fix some things. I pay rent on time, I pay rent in advance because I have to. I have my kids. Now, I don’t even know where I’m going to move them to, at the end of this month, just because I asked him to repair some things in my home, and he won’t do it. The same day I asked him, I told him okay, I’m giving you 24-hour notice to get this stuff repaired. I’m going to type it up, and I’m going to go down to escrow. Later on that evening, I come home and there’s a note on my door that says I got 30 days to get out of my house. Not because I’m not paying rent, not because I’m damaging the property, not because I’m causing any disturbances to the neighborhood, not because my kids are bad, nothing. Just because I asked him to do what is my right. If I’m...It’s your right to maintain the property that I’m living. I’m paying you for a service, it’s a trust issue. I’m giving you my money every month, you have keys to the home where me and my kids live at, I can’t even trust you to make my home safe. Not anything extra. I mean, I live on Fulton, I don’t expect the word, I expect what it says in code, that you guys uphold. That’s what I expect, that’s all. I don’t want anything extra. He doesn’t have to come and redo my whole house, I just want what I want, my door literally fell down and hit my 8 year old. How... COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -344- MINUTES OF THE MEETING JUNE 1, 2015 PRESIDENT SCHULMAN: What’s this address? JACKIE AUSTIN: 916 6th St. NW. PRESIDENT SCHULMAN: Any who’s the landlord? JACKIE AUSTIN: Tom Woodliff. Now, I go to City Hall, everyone down there knows him. I don’t understand, if this man owns all of these properties in the city that you guys represent, how is he still buying property? How is no one holding him accountable? He was on the phone with another one of his tenants when I was sitting in the office, and I knew exactly who he was talking about. He knew my house. So, I don’t understand how is this man still buying properties and still renting out. And you know what someone that works down at the building, and I’m not going to release any names, said? “It’s a funding thing, it’s a money thing”. But we’re the ones holding the city together. We’re the ones paying the rent here. We live in inner city. We’re working here, our kids go to school here. What rights do we have? When did it become okay for us not to be able to live safe and live comfortably, and we’re paying? That’s my issue and I would like to see somebody...I don’t even know who to go to, to hold him accountable. He told me...you know what he told me when I told him that I was going to come down here to you guys? He said, “I don’t care if you call the President”. Because that’s what he feels that my rights are, because that I don’t have any rights to him. I’m just a renter. PRESIDENT SCHULMAN: Thank you very much. (Applause). MEMBER HAWK: President Schulman. Over here, Member Hawk. PRESIDENT SCHULMAN: Yes, Member Hawk. MEMBER HAWK: Who is the landlord on 6th St. JACKIE AUSTIN: Tom Woodliff. He owns like 5 houses. MEMBER HAWK: Do you know him, Thomas? Yeah, we’ll figure it out, sir. PRESIDENT SCHULMAN: How do you spell his last name? JACKIE AUSTIN: Woodliff. (Inaudible). MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER WEST: If she can wait until after the meeting, I’d like to meet with her. I’m sure Hawk would like to meet with her as well. PRESIDENT SCHULMAN: Could you wait until, would you mind waiting a little bit tonight? Is that alright. JACKIE AUSTIN: (Inaudible). COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -345- MINUTES OF THE MEETING JUNE 1, 2015 PRESIDENT SCHULMAN: We should be done in half an hour or so. Alright, our last speaker is Lois Jacobson. Lois, if you’ll step forward. Give us your name and your residential address. I told Ms. Jacobson that I would give her five minutes because she’s presenting something for this city as a whole, and I think it’s important. If you could do it with... LOIS JACKSON: Lois Jacobson, 2327 Applegrove St. NW, North Canton. First of all, thank you for the extra time. I have three points of information. First, my history of community involvement; next, a current project I’m working on that I consider the best, or the most important work that I’ve ever done; and a request to all of you for your participation in this project. First, some of you know that I write social issue plays and programs. Not only for students, but for every community sector. I’ve been doing this for almost 30 years. In 1999, I became a founding member of Stark County Town Hall on Race Relations, along with Rabbi John Spitzer, Ron Ponder, Frank Fleisher, Martha Lottman, and others. It is now known as Coming Together Stark County. Our mission is Inclusion, Diversity, and Dignity For All Persons. Rabbi Spitzer and I are still active members, along with Remel Moore, Attorney Steve Okey, and others. Our current project is a countywide program. We are listing all of Stark County...Canton, Massillon, Alliance, every municipality, all schools and universities, safety forces, churches, temples and mosques, the arts, business and industry. Everybody in Stark County. Our project is employing the services of a program called Dialogues on Diversity. It is a diversity training program company that has toured nationally and internationally, for ten years. Last year, to 30 states and to date this year, they have served 50 clients. Dialogues on Diversity is unique because their training is interactive programming, followed by audience discussion. Not monologues, but dialogues. Their performances, workshops, and seminars fill five, full days. Up to 8 to 10 hour days, using real life experiences. Dialogues on Diversity is unique because they will be using Stark Counties real life experiences in their training. This is not a cookie cutter program. Coming Together’s year-long preparation is providing Dialogues on Diversity, Stark County’s real life experiences. Our goal is working towards the day when the Canton Repository headline will shout out “Diversity Success Makes Stark County a Better Place to Live”. My Third point is, we need your participation, your opinions, advice, and help in reaching out to the persons in your Wards. I’m going to be calling all of you to learn, not just for the sake of your Ward, but for the good of this whole city. I will be also inviting you to meet with us as we proceed, so that we can have your input. I will continue to keep you updated with everything we are doing. And now, since there’s a little extra time, are there any questions or...initially, from hearing of this? PRESIDENT SCHULMAN: Great, thank you very much. We appreciate it. LOIS JACOBSON. Thank you. PRESIDENT SCHULMAN: Thank you. (Applause). That concludes our Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions and we have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: We now turn 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 1, 2015. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -346- MINUTES OF THE MEETING JUNE 1, 2015 201. COM DEV DIRECTOR MILLER: AMEND APPROP O#266/2014 FOR $500,000.00 SUPP APPROP FR UNAPPROP BAL 2211.506001 TO 211.506002 FOR DEV DEPT TO CONTINUE FUNDING CURRENT PROGRAMS IN ACCORDANCE WITH FED REGULATIONS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 202. COURT ADMIN KOCHERA: AUTHORIZE MAYOR TO ENTER INTO AGMT WITH OHIO SUPREME COURT FOR RECEIPT OF GRANT FUNDS IN THE AMT OF $51,150.00 FOR DEV AND IMPLEMENTATION OF DIGITAL SIGNAGE PROJ; MAKE $51,150.00 SUPP APPROP FR UNAPPROP BAL #2796-701001 COURT TECHNOLOGY GRANT FUND TO #2796-701001 - OTHER - COURT TECHNOLOGY GRANT FUND. - FINANCE COMMITTEE 203. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DIR TO AMEND O#50/2015 TO INCLUDE SERV DIR AS SIGNATORY AND DESIGNEE IN CAPTION AND SEC 1. - JUDICIARY COMMITTEE 204. LIQUOR CONTROL DIV: REQ NEW C1 LIQ PERMIT FOR MILAN GROUP INC, THE BREAK ROOM @ 310 3RD ST NW (WARD 2). - RECEIVED & FILED 205. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF SELF-CONTAINED BREATHING APPARATUS AND NECESSARY EQUIP FOR FIRE DEPT IN AMT NOT TO EXCEED $75,000.00 AND APPROX 30 SETS OF STRUCTURAL FIREFIGHTING PROTECTIVE GEAR AND NECESSARY ACCESSORIES IN AMT NOT TO EXCEED $73,000.00, OR ALTERNATIVELY FOR PURCH OF SAID ITEMS THRU USE OF COOP CONTRACTS IN ACCORDANCE WITH CANTON CODIFIED ORDINANCE 105.11 WHICH EXEMPT SAID PURCH FR REQUIREMENTS OF COMPETITIVE BIDDING; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 206. SAFETY DIRECTOR PERRY: APPROVE DEMO OF PROPERTIES LOCATED AT 1006 14TH ST NE, 2320 14TH ST NE, 1603 29TH ST NW, 1654 CLEVELAND AVE NW, 1624 FRAZER AVE NW, 1625 GIBBS AVE NE, 2728 HARRISON AVE NW, AND 1500 OXFORD AVE NW. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 207. SAFETY DIRECTOR PERRY: APPROVE DEMO OF PROPERTY LOCATED AT 1028 WALNUT AVE NE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 208. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PAY MORAL OB TO COPECO, INC. IN AMT OF $3,203.15 FOR COLOR COPIES FOR THE DETECTIVE BUREAU FR 1/23/14 TO 1/22/15. - FINANCE COMMITTEE 209. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PAY MORAL OB TO DELL MARKETING LP IN AMT OF $4,877.96 FOR PURCH OF 3 COMPUTERS USED IN COMMAND VEHICLE AND COMPUTER TABLET USED BY TRAFFIC BUREAU LIEUTENANT. - FINANCE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -347- MINUTES OF THE MEETING JUNE 1, 2015 COMMITTEE 210. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO PAY MORAL OB IN AMT OF $1,250.00 TO PSYCHOLOGICAL & FAMILY CONSULTANTS, INC. FOR FITNESS FOR DUTY EXAM PROCESS FR DEC 2014 TO FEB 2015. - FINANCE COMMITTEE 211. TREASURER PEREZ: ACCEPT CITIZENS BANK, FIRST MERIT BANK, FIFTH THIRD BANK, KEY BANK, SKY BANK, JP MORGAN CHASE BANK, PNC NA BANK, AND HUNTINGTON NAT’L BANK AS ELIGIBLE DEPOSITORY BANKS TO RECEIVE DEPOSITS OF PUBLIC MONEYS; DESIGNATE $10,000,000.00 AVAILABLE FOR ACTIVE DEPOSITS AND $45,000,000.00 AVAILABLE FOR INTERIM DEPOSITS. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to 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 #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY (PART OF LOT 6683 LOCATED ON OBY PL NW TO LATONYA WALKER, 1130 OBY PL NW) Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 41203 THRU 41211, LOTS 4172 THRU 4175, PART OF LOT 4176 AND OUT LOT 1337; AND DECLARING THE SAME TO BE AN EMERGENCY (1115 CHERRY AVE NE STANDARD PRINTING, WARD 2) Referred to Public Safety & Thoroughfares Committee #3. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1115 CHERRY AVE NE, STANDARD PRINTING, WARD 2) Referred to Judiciary Committee PUB HRG 6/29/15 @ 7:30 P.M. #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH TRANSYSTEMS REAL ESTATE CONSULTING, INC. TO COMPLETE THE RIGHT- OF-WAY ACQUISITION SERVICES FOR THE MAHONING RD. CORRIDOR PROJECT, PHASE TWO, G.P. 1130, AMENDING APPROPRIATION ORDINANCE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -348- MINUTES OF THE MEETING JUNE 1, 2015 NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($435,750.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ, GP 1103 - OTHER) Referred to Public Property Capital Improvement Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BOWMAN APPRAISAL SERVICE, INC. TO COMPLETE THE APPRAISAL REVIEW WORK FOR THE MAHONING RD. CORRIDOR PROJECT, PHASE TWO, G.P. 1130, AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($44,100.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ, GP 1103 - OTHER) Referred to Public Property Capital Improvement Committee (COUNCIL RECESSED AT 8:01 P.M. FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #6; RECONVENED AT 8:03 P.M.) #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 104/2015 AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY AMOUNTS NOT TO EXCEED $20,000.00 TO PIER ASSOCIATES, $10,000.00 TO ALLIED EQUIPMENT COMPANY AND $11,200.05 TO STANDARD PLUMBING & HEATING CO.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: And at this time the chair will declare an in house recess for the Public Property Capital Improvement Committee to meet in regards to Ordinance #6 on your agenda. You’re now in recess. Chairman Mariol. PRESIDENT SCHULMAN: Council will reconvene after its recess, Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinance #6 back on this evening’s agenda. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rules 22A to place Ordinance #6 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. Motion carries. Ordinance 6 is a legal part of your COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -349- MINUTES OF THE MEETING JUNE 1, 2015 Agenda. Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules on Ordinance #6. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 6. Any remarks? Hearing none, again 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, you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #6. MEMBER SMITH: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #6. 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. #6 ADOPTED AS ORDINANCE NO. 104/2015 PRESIDENT SCHULMAN: Thank you Madame Clerk. Motion carries and Ordinance 6 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you, Madame Clerk. We now turn to Ordinances and Formal Resolutions for the Second Reading. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #7 THROUGH ORDINANCE #17 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #7. (2ND RDG) AN ORDINANCE AMENDING PART FIVE - GENERAL OFFENSES CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON BY THE AMENDMENT OF CHAPTER 505 ANIMALS AND FOWL (ANIMAL CRUELTY) (JUD) COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -350- MINUTES OF THE MEETING JUNE 1, 2015 #8. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE LESH-EVERETT ANNEXATION AREA CONTAINING APPROXIMATELY .4936 ACRES; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS R-2 (TWO FAMILY RESIDENTIAL); AND DECLARING THE SAME TO BE AN EMERGENCY (ANNEX) PUB HRG 6/15/15 @ 7:30 P.M. #9. (2ND RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECENT RECOMMENDATIONS REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY (C&ED) #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($90,000.00 SUPP APPROP FR UNAPPROP BAL OF 2111 STREET MAINTENANCE FUND TO 2111 202210 MAINTENANCE - OTHER; APPROP TRANS OF $63,000.00 - $40,000.00 FR 2111 104020 TRAFFIC SIGNAL - OTHER AND $23,000.00 FR 2111 202020 ENGINEER URBAN FORESTRY - OTHER TO 2111 202210 MAINTENANCE - OTHER; APPROP TRANS OF $48,000.00 FR 1001 200501 GENERAL GOVERNMENT SUPPORT - OTHER TO 1001 202210 MAINTENANCE - OTHER (FIN) #11. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPT 501S - DEPT OF MANAGEMENT INFORMATION & SYSTEMS, NETWORK ENG. & ANALYST & ANALYST PROG.) (PERS) #12. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPT 20WP - SERVICE DIRECTOR’S WATER RECLAMATION FACILITY, TREATMENT OPR. 2 & 3) (PERS) #13. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPT 20WT - SERVICE DIRECTOR’S PUBLIC WORKS - WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY & TREATMENT DIVISION, APP. DEV. ADMINISTRATOR) (PERS) #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MICHAEL BAKER JR., INC. FOR DESIGN SERVICES RELATED TO THE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -351- MINUTES OF THE MEETING JUNE 1, 2015 MONUMENT ROAD WATER MAIN REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY; ($65,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207039 MONUMENT ROAD WATER MAIN REPLACEMENT PROJECT - OTHER); AUDITOR AUTHORIZED TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (FIN) #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS FOR DESIGN SERVICES RELATED TO THE 41ST STREET AND 49TH STREET AREA WATER IMPROVEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($22,200.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 DISTRIBUTION MAINTENANCE - OTHER); AUDITOR AUTHORIZED TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (FIN) #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ME/IBI GROUP FOR DESIGN SERVICES RELATED TO THE HARRISON AVENUE/44TH STREET N.W. WATER MAIN REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($43,516.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207036 HARRISON AVENUE/44TH STREET WATER MAIN REPLACEMENT PROJECT - OTHER); AUDITOR AUTHORIZED TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (FIN) #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER NO. 1 IN AN AMOUNT NOT TO EXCEED $233,629.00 WITH SHOOK CONSTRUCTION INC. FOR THE PHOSPHORUS/TOTAL NITROGEN PROJECT - CONTRACT NO. 26; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($233,629.00 SUPP APPROP FR UNAPPROP BAL OF 5442 WRF PHOSPHORUS PROJECT (MEMBRANE) FUND TO 5442 206054 WRF PHOSPHORUS (CONSTRUCTION) - OTHER); AUDITOR AUTHORIZED TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (FIN) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the Third Final Reading and vote. Madame Clerk, would you please begin with Ordinance. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCE #18 THROUGH ORDINANCE #27 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 105/2015 AN ORDINANCE AUTHORIZING THE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -352- MINUTES OF THE MEETING JUNE 1, 2015 MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR THE 53RD STREET RESERVOIRS REROOFING PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($89,000.00 FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207033 - 53rd ST RESERVOIR ROOF - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. 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. #18 ADOPTED AS ORDINANCE NO. 105/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Motion carries. Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 106/2015 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1604 HARRISBURG RD HOB NOB, WARD 9) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. 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. #19 ADOPTED AS ORDINANCE NO. 106/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 19 is adopted. Ordinance 20, please. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -353- MINUTES OF THE MEETING JUNE 1, 2015 #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 107/2015 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (1411 CHERRY AVE NE, FOP MCKINLEY #2, WARD 2) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance . 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. 107/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 20 is adopted. Ordinance 21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 108/2015 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (211 15TH ST NW, DR. JAMES JOHNS, WARD 9) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Second. 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 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #21 ADOPTED ORDINANCE NO. 108/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 21 is adopted. Ordinance 22, please. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 109/2015 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF THREE PARCELS OF CITY-OWNED PROPERTY; COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -354- MINUTES OF THE MEETING JUNE 1, 2015 AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTIES; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #02-25379, PART OF LOT #1619; PARCEL #02-20767, PART OF LOT #1619 & 1577; PARCEL #02-14421, PART OF LOT #1576 LOCATED ON 2ND ST NW TO CANTON LABORERS’ HOME CO) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. 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. #22 ADOPTED AS ORDINANCE NO. 109/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance is adopted. Ordinance 23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 110/2015 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2016 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AND DECLARING THE SAME TO BE AN EMERGENCY (MUNICIPAL COURT PROBATION DEPT) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance . 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. #23 ADOPTED AS ORDINANCE NO. 110/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 23 is adopted. Ordinance 24, please. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -355- MINUTES OF THE MEETING JUNE 1, 2015 #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 111/2015 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($31,960.00 INTERFUND ADVANCE FR 1001 301001 82341 GEN FUND - OTHER TO 2335 301001 84341 EARLY HEAD START GRANT FUND - OTHER; $31,960.00 SUPP APPROP FR UNAPPROP BAL OF 2335 EARLY HEAD START GRANT FUND TO 2335 301001 - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks under this Ordinance? Again hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 111/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 24 is adopted. Ordinance, please 25. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 112/2015 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY AN AMOUNT NOT TO EXCEED $1,519.60 TO SPRINT; AND DECLARING THE SAME TO BE AN EMERGENCY (POLICE DEPT AIR CARDS NOT TIMELY DEACTIVATED FROM AT&T) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #25. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks under this Ordinance? Other than I hope we never do business with Sprint again. Anyone else? Hearing no further remarks, 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. 112/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 25 is adopted. Ordinance 26, please. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -356- MINUTES OF THE MEETING JUNE 1, 2015 #26. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 113/2015 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER 3 WITH CENTRAL ALLIED ENTERPRISES, INC. FOR THE 12TH ST NORTH CORRIDOR PROJECT, GP 1098, PID 85299; AMENDING APPROPRIATION ORDINANCE NO. 264/2013; AND DECLARING THE SAME TO BE AN EMERGENCY ($326,425.00 FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 202077 12TH ST N CORRIDOR IMPROVEMENT - OTHER) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. Any remarks under this Ordinance? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #26 per a copy that all Council Members have in front of them. MEMBER SMITH: Second. AMENDMENT: Pursuant to Rule 36, I move to amend Agenda Item No. 26 by changing “Ordinance No. 264/2013" to “Ordinance No. 266/2014". PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 26 by virtue of the amendment before each Member of Council. Any remarks on that Motion? 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. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26, as amended. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26, as amended. Any remarks? Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #26 ADOPTED AS AMENDED AS ORDINANCE NO. 113/2015 COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -357- MINUTES OF THE MEETING JUNE 1, 2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 26 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Committees Meetings and unusually, there is no Committee Meeting for Finance, so... MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Mariol. MEMBER MARIOL: I will defer to Assistant Majority Leader Smith. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: Community & Economic Development Committee will meet on June 15th at 6:30. PRESIDENT SCHUMAN: Any other announcements? MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet at the same time, same place. MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: Judiciary will meet at the same time, the same place. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Chairman West. MEMBER WEST: Public Safety & Thoroughfares will meet, same time, same place. PRESIDENT SCHULMAN: Thank you. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Is there any? MEMBER SMUCKLER: Mr. President. Several years ago I fought hard against the International Property & Maintenance Code. The thing that’s disturbing here tonight, and I called the Law Director over here because of one little sentence that was said here tonight. And that is, we’re told there’s no money to deal with complaints. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -358- MINUTES OF THE MEETING JUNE 1, 2015 The lady that came up to the microphone, thank you...said there is no money to deal with complaints, she was told. Now, I don’t know if that’s true or not, but the reason we killed inspections was because we were told this was going to be complaint driven. If we can’t get inspectors to do complaints, it’s no longer complaint driven. So, if you don’t do the inspections at the front end, and you don’t do it when it’s complaint driven, when are we doing it? I’m not putting Mr. Williams on the spot tonight, I’m not putting anybody on the spot tonight. I just would like, somewhere down the road, the question answered because if it’s not being dealt with, how we were doing it in the past, and if it’s not being dealt with it being complaint driven, then that International Property & Maintenance Code isn’t worth the letters written on the paper. Thank you. (Applause). PRESIDENT SCHULMAN: Thank you Member Smuckler. DEPUTY MAYOR WILLIAMS: Mr. President. Mr. President. PRESIDENT SCHULMAN: Oh, I’m sorry. Deputy. DEPUTY MAYOR WILLIAMS: Member Smuckler, Members of Council, and the audience. I plan to meet with Mrs. Bennett right after the meeting. I will get information in regards to what appears to be three cases and I’ll be happy to report my findings back to this body. I can assure you, if we need to make changes on the property code, we’ll bring that legislation to Council, but obviously we all know that takes time and Mrs. Bennett’s needs are immediate. I will be happy to report those findings back to this Council after we meet, right after this meeting. Thank you. PRESIDENT SCHULMAN: Thank you, Deputy Mayor. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: No... PRESIDENT SCHULMAN: Member West. MEMBER WEST: Yes, just briefly, I think this is a bigger issue when it comes down to landlords. Member Morris, Member Smith, myself, and I think there was someone else involved, brought forward a landlord Ordinance, and trying to get tough on landlords. I think we need to revisit that and I think it’s in the Law Department right now. But that’s something that can bring restitution to this family as well as many others that are facing these difficult issues in this community. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Member Hart, er, Member Morris. MEMBER MORRIS: I’m going to agree with Member West on this. I think this problem has multiple layers to it. It’s not only an issue of enforcing the codes that we actually have, but once we actually issue these citations, where do we go from there? Well, we take it up to the Law Department. Okay, it’s going to sit there. They can’t possibly prosecute all of these cases of these bad landlords. I think it’s time that this Council and the City COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -359- MINUTES OF THE MEETING JUNE 1, 2015 comes up with a policy to license these landlords, each individual property, they need a license to have that property. If they’re delinquent, if they’re doing a terrible job, we pull their license. Just like any other business that don’t do their job the right way. (Applause). We force these landlord to vacate that property, relocate these people, and we shut them down just like any other bad business. What we’ve created in this city for these landlords is a cesspool for them to come in, contaminate our neighborhoods, run our neighborhoods down and our laws are so damn weak that we’re not getting anywhere, and these poor people have to come in here and complain to us because they have no other alternative. This...the whole system seems to be broken. We have a policy, but we can’t even enforce the policy that we have because an “if”, “shall”, “may”. I mean, come on, we’ve got to get tough. This is sad. You’ve got these poor young women fighting to raise their kids in our city and a kid gets hit with a door. This is crazy. PRESIDENT SCHULMAN: Thank you leader. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: I concur with what everyone has said here this evening. We need to really take a look at the way we enforce this...all these issues. The Property Maintenance Code was a step backwards. It was supposed to make things better and be complaint driven and it wasn’t. We need to really take a look at our Code Enforcement Department, which is now down to one person due to retirements. We need to really consider putting them back into the Health Department from which they came. That consolidation would bring about a more efficient and effective means of dealing with health and safety issues. The Health Department has that ability already to cite them to court. Code Enforcement was formed in 1970 with the stroke of a pen between the Health Department and the Administration at that time, the Cmich Administration. It can simply be undone with the same stroke of a pen, and the Health Board has in fact, adopted a policy that they are willing to accept back the issues of Code Enforcement, which gives them the strength and ability to cite the landlord to court. To make them make amends for the processes that are done. To make them fix it under the health statute, rather than impose it to the Building International Property Maintenance Code. Something we should explore and really work on. Thank you. PRESIDENT SCHULMAN: Thank you, Member Hawk. Any other remarks? MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: I’m sorry... CLERK TIMBERLAKE: Griff... PRESIDENT SCHULMAN: Yes, Member Griffin. MEMBER GRIFFIN: Thank you. On a lighter side, I’d like to announce that on June 11th...Thursday, June 11th at 6:00 PM, we’re going to dedicate Field #3, out of Willig Park, for Tim Trbovich, for his years of Service at the Rec Board. It’s going to be on June the 11th, we’ll put an email out on this too. 6:00 PM at Willig Field. PRESIDENT SCHULMAN: Great. Thanks, Member Griffin. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -360- MINUTES OF THE MEETING JUNE 1, 2015 MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: One more thing. Lois DeGiacomo...I...thank you for all your years of service in bringing diversity to the community and bringing awareness to our community. I can’t wait for this next project. I’m very excited about what you’re doing. Thank you. PRESIDENT SCHULMAN: Yes, thank you very much, Lois, we appreciate it. One last word for the renters who complained tonight. For what it’s worth, the Ohio Law does provide a defense of retaliation. If you complain about a landlord, Ohio Law will protect you. So, for...again, for what it’s worth, it may be a little late now, but there is some refuge in the law for you. And I would just say, in addition to everything I’ve heard, we make banks put up a $10,000.00 bond, to my understanding, for demolitions. Maybe it’s time we look at putting up bonds for licensed landlords in the city, where there’s money there, if they’re not going to pay for it, we’ll take it to repair the facility. So, that may be something to think about. (Applause). But, on that note, Leader. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes... DEPUTY MAYOR WILLIAMS: I’m sorry... PRESIDENT SCHULMAN: I’m sorry, Deputy Mayor. DEPUTY MAYOR WILLIAMS: If I can just divulge and make 2 quick comments. One, I want to remind Council and the audience June 4th is Community Development Day at the Civic Center. We have numerous give outs and numerous opportunities for the citizens of Canton to learn about the numerous programs we have to offer. Last year we had well over 2500 citizens show up. It’s from 8:30 to 4:30, at the Civic Center. Any Members of Council that would like to come volunteer, it would certainly be appreciated. Also, on June 9th at the Pro Football Hall of Fame, the Canton Community Improvement Corporation is hosting an event to talk about the Hall of Fame Village Plans and to allow any local businesses to learn how to participate on that project. Any local businesses can learn how to participate on the Hall of Fame Village Project. I know this Council has been a strong supporter of keeping jobs local and that’s exactly the attempt to do that. It’s a $20.00 fee. You will be fed a nice breakfast, Mr. Dougherty, and we look forward to seeing you there. Thank you. PRESIDENT SCHULMAN: Thank you, Deputy Mayor. Any other remarks? Leader. MEMBER MORRIS: Mr. President, I move we adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -361- MINUTES OF THE MEETING JUNE 1, 2015 CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Meeting is adjourned. Be careful everybody. Thanks for coming. (Gavel falls). ADJOURNMENT TIME: 8:25 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT