City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -250- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. For those of you who may not know, I’m wearing a hat because my doctor asked me to. I had some head surgery and he said you have to wear hats, so that’s what I’m doing. I’m not trying to be disrespectful, but I do think I look very dapper! (Laughter). So, if we could get the Repository to do a...you know...a story I might have, it would be very appreciative. And with a quorum present, the Chair calls this meeting of Canton City Council to order. Roll call vote please, Mister Clerk. ROLL CALL TAKEN BY CLERK SHOWES: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, THOMAS HARMON, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL, & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. Tonight’s invocation was assigned to Member Hawk and Member Hawk will introduce the person that will give our invocation. If you’ll all stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on May 16, 2016 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Kellen Showes. The invocation was given by Chaplain Forest Thorn, of the Military Order of the Purple Heart #699. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much for that invocation. We certainly appreciate...and we appreciate you having come down, all of you. We obviously are very appreciative of your military service to our country. Thank you. We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances #6 through #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading Ordinances 6 through 10 to this evening’s agenda. Any remarks? Roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you Mister Clerk. The motion carries and Rule 22A is suspended and the Ordinances are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -251- MINUTES OF THE MEETING MAY 16, 2016 PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business. We have no Old Business this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We have 3 speakers signed up this evening. And our first speaker is James Parker. JAMES PARKER: James Parker, thank you, Council President Schulman. 630 Penny Street SE, North Canton. PRESIDENT SCHULMAN: Thank you. JAMES PARKER: What is the power of a football game, you say? After the 1967 battle...September...of Grambling’s James Harris vs. Florida A&M’s Ken Riley, the Black College Championships. The perception of Blacks as playing quarterbacks shifted dramatically. You know, it was Vick that broke Marion Motley’s single yards per carry record in a game, 18. some yards in 2002. It stood for almost 60 years. So this game compelled Southern colleges to integrate as well. The story will be forever preserved here now that the deal, the historic agreement that the Black College Football Hall of Fame will have a permanent home at Canton’s Pro Football Hall of Fame. What does this signify to the City of Canton? What signs or signals can our City Council send back that proves unequivocally that Canton stands beside, not behind, the Pro Football Hall of Fame in all these endeavors? Perhaps...I’ve seemed to have lost a note or two, I apologize... PRESIDENT SCHULMAN: That’s fine. JAMES PARKER: We could send that, in celebrating excellence everywhere and honoring the heroes of our past. If it would please Council President Schulman, could we table a resolution to name a place of distinction, within...say...the Kresge Lot, or nearby, in honor of Marion Motley? Canton’s own Jackie Robinson of Pro Football, one of the four that integrated the color barrier in Pro Football and he gets a street on Carnahan? That’s laughable. A proper distinction for Alan Page, such as an area besides the wrong side of town? Like a prominent, diversely visited place without a slum playground. Say...a jury room in the City Hall, here. Oh, that was turned down several times, sorry. Also, could City Council President Schulman please call Dave Baker for me, to see if they would pursue the American Indian Athletic Hall of Fame to have a permanent home within the Pro Football Hall of Fame as well. Then you have an induction for the Black athletes, you have an induction for the American Athletes, you have our other induction...you’re pulling out and taking taffy and warming it and pulling it to extend and soften the reception here for such ideas. The American Indian Athletic Hall of Fame President, Carol Green, is quoted in Indian Country Today as wanting to have a building of their own. They currently occupy space within the Lawrence Building in Kansas City, Missouri, an extension of the Haskall Indian School. I hope our Pennsylvanian...that knows about the Carlisle Indian School, would support these issues. Our connection as home to American Indian athletes like Jim Thorpe, Bill Gardner, Gus Welch, Joe Guyon, Pete Calac, Joseph Little Twig, Don Peters, Bill Garlowe, etc; instantly qualifies Canton for consideration as they were all champions of the Canton Bulldogs. Only Altoona matched us. Thank you. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -252- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: Thank you very much. Thanks. (Applause). Our next speaker is Pete DiGiacomo. Mr. DiGiacomo, as always, welcome to Canton. If you’ll step forward and give us your name and your residential address, please. PETE DIGIACOMO: Yes, my name is Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. Had no intention on speaking tonight until I sat in the back there and listed to...about the debate about the water lines. The one thing that was brought up more than once is that the sewer lines in the city of Canton are very, very old. I agree. And if they blacktop over top of these sewer lines, then they got to tear up the new asphalt that’s put down. Well, apparently the solution is, until all the sewer lines are fixed, the city shouldn’t blacktop any streets. Does that make common sense? Because that’s what you’re saying. Thank you. PRESIDENT SCHULMAN: Thank you very much, as always. (Applause). Our last speaker tonight is Juanita Best. Ms. Best. Take your time, I understand you have a broken foot so it’s probably not easy getting up here. JUANITA BEST: Well, a broken foot probably would have healed a lot quicker. (Laughter). PRESIDENT SCHULMAN: And at least our Clerk hasn’t started the timer yet. (Laughter). Make you rush up. JUANITA BEST: Okay, thank you for your time... PRESIDENT SCHULMAN: Don’t forget your name though, and your residential address, and welcome. JUANITA BEST: Okay. Thank you very much. My name is Juanita Best and I resident at 1603 Esther Avenue NE, here in Canton. That’s been my address for 3 years. I purchased a home there in August of 2013. Subsequently, I have a retaining wall encroachment issue along the backside of my home from the neighboring property. I’ve been addressing this for 2 years. Between Rick and Gary at the Zoning Board and the Code Enforcement, as well as the...Mr. West, Thomas West, our fine Councilman, has been out to see it as well. And Ernie Sellers has been out this week. It’s a really...it’s a tramatic issue. It’s very dangerous. I’ve sought legal council. They’ve told me to rope it off, don’t use it...you know...it’s not safe. It’s a wall, it’s a yard that’s coming in on my fence, that’s on my side. We want to take the fence down and replace it. We want to put up a really nice fence. This is an old, you know, the wrought iron fence. It’s all rusty. It runs all the way...it runs the whole block along the back of my home. Subsequently, we can’t do that because if we do that, the neighboring yard will totally cave in on my home...on my property. There’s a block wall that’s holding it up that’s caving in on my fence. That’s moved 6" since last year. Last year they decided they were going to turn it over to Jennifer Fitzsimmons. The home where this is happening, that’s coming onto my property, was a rental. The gentleman that owned it wasn’t willing to do anything with it. They asked me to spend the money, $500.00, and get a pin survey, which I did. It proved that it is his responsibility and at that time they agreed on that. He was not willing to do so...to do anything. They ordered him to fix it. So, they decided they would fine him. Well, it’s cheaper, obviously, for him to pay the fine than to take care of this issue. They estimated it to be between $18,000.00 and $25,000.00 to fix this wall. So therefore, Jennifer Fitzsimmons got involved and she said, “Well, we’ll put a lien again it, it won’t really help you, but he won’t be able to sell it.” “If he goes to sell it, he’ll have to fix it first”. Well, that never happened. He sold it here with a group of 7 other homes for $140,000.00, a couple months back. It’s in the paper, to an (Inaudible) Properties Group, who is some kind of Indian Website, when we pulled it up. So, our hands our tied. I’ve left like 8 messages now with Jennifer in the last month, to no avail. I’ve never had no returns. Ernie Sellers has COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -253- MINUTES OF THE MEETING MAY 16, 2016 contacted her as well. You know, I don’t know what more...you know...we can do with it. My insurance company has sent me a letter. They were out. They wanted us to take some trees down, which we did. They said, when they saw the issue, they said we’re not going to continue to insure your home any further; for fire and things, we will, but if this happens...if this would cave in and cause problems, we won’t cover that. So, I mean, we’ve spent $10,000.00 in upgrades in this home and we’re continuing to and we’d like to know what maybe could be done to help us with this. PRESIDENT SCHULMAN: Well...you might...if you would stay around until after the meeting is over, a number of people here will... JUANITA BEST: Wonderful. Wonderful. Thank you so much. PRESIDENT SCHULMAN: Law Director Martuccio would be happy to discuss this with you. JUANITA BEST: Thank you so much for your time. PRESIDENT SCHULMAN: Well, you’re very welcome. I hope you’re feeling better. (Applause). JUANITA BEST: Thank you very much. MEMBER WEST: President Schulman. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Also, the Engineer’s Office has been out there as well. A lot of departments have been out there and they’ve been working as well with Ms. Best. This family needs to be commended because they’ve been dealing with this terrible situation for many years. PRESIDENT SCHULMAN: Okay, great. Thank you Member West. Anyone else. Okay, thank you very much to our speakers. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions and we do have one this evening. Mister Clerk, if you’ll please read Informal Resolution 39 by title. #39. COUNCIL-AS-A-WHOLE: RECOGNIZING & HONORING 5/16/16 AS PURPLE HEART DAY AND DECLARING CITY OF CANTON TO BE A PURPLE HEART CITY. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #39. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that we adopt Informal Resolution 39. Are there COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -254- MINUTES OF THE MEETING MAY 16, 2016 any remarks other than the remarks that have been made earlier this evening? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: For a matter of record, I’d like that read. PRESIDENT SCHULMAN: Thank you Member Dougherty. If you’ll please read the Resolution. CLERK SHOWES: Informal Resolution Respectfully Submitted by Council-As-A-Whole on this day, the 16th of May, 2016: Whereas, the Purple Heart is a United States military decoration awarded by the President to those wounded or killed while serving in the U.S. military, and it is the oldest military award still given to U.S. military members; and Whereas, the Military Order of the Purple Heart seeks to foster an environment of goodwill and camaraderie among combat wounded veterans as well as to promote patriotism, support necessary legislative initiatives, and most importantly, provide service to all veterans and their families; and Whereas, Chapter 699 of the Military Order of the Purple Heart has honorably served Stark County and their partnership allows the City of Canton to become the 11th city in the State of Ohio to become a Purple Heart City; and Whereas, the Mayor and the City Council of Canton desire to be one of many to become a “Purple Heart City” and to declare May 16th “Purple Heart Day” in tribute to the service and sacrifices of our veterans, especially the valor of the extraordinary men and women who have earned the Purple Heart. Now, Therefore Be It Resolved: That we, the Members of City Council of Canton, Ohio recognize and honor this 16th day of May as Purple Heart Day, and hereby declare the City of Canton to be a Purple Heart City. PRESIDENT SCHULMAN: Thank you Mister Clerk. Any other remarks? By voice vote then, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #39 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries and Informal Resolution #39 has been adopted. 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 MAY 16, 2016. 199. ANNEXATION CHAIRMAN WEST: REQ STATEMENT OF SERVICES FOR VILLAGE #1 ANNEXATION. - ANNEXATION COMMITTEE 200. ANNEXATION CHAIRMAN WEST: REQ STATEMENT OF SERVICES FOR FACTORY OF TERROR ANNEXATION. - ANNEXATION COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -255- MINUTES OF THE MEETING MAY 16, 2016 201. MAYOR BERNABEI: AUTHORIZE MAYOR AND/OR SERV DIR TO AMEND GRANT AGMT BETWEEN OH DEVELOPMENT SRVS AGENCY (ODSA) AND CITY OF CANTON (PHASE II ENVIRONMENTAL ASSESSMENT @ “BROWNFIELD SITE”, 2408 13TH ST NE). - FINANCE COMMITTEE 202. PLANNING COMMISSION: REQ REPLAT OF LOT 13337 AND 13338, AKA PARCELS 218830 AND 218831, 1500 BLOCK OF ALDEN SW (HABITAT FOR HUMANITY, WARD 5). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 203. PLANNING COMMISSION: REQ REPLAT OF ALL OF LOT 7641 AND LOT 7642, AKA PARCELS 224440 AND 244123, 600 BLOCK OF MARION SW (HABITAT FOR HUMANITY, WARD 4). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 204. PLANNING COMMISSION: AUTHORIZE ZONE CHANGE FOR MARATHON PETROLEUM FR R-1A ( SINGLE FAMILY RESIDENTIAL) TO PI-2 (PLANNED HEAVY INDUSTRIAL) SOUTH OF ST RT 30 AND NORTH OF 21ST ST SW FR EASTERN ST LINE OF BROOKS AVE SW TO WESTERN PROP LINE OWNED BY NORFOLK SOUTHERN RAILWAY CO. - JUDICIARY COMMITTEE 205. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROFESSIONAL SRVS CONTRACT WITH BRICKER & ECKLER LLP FOR LEGAL SRVS RELATED TO CONSTRUCTION PROJ @ WRF; REQ $75,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 OPERATIONS AND MAINTENANCE; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 206. SERVICE DIRECTOR BARTOS: INFORM COUNCIL, PURSUANT TO CODIFIED ORDINANCES SUBSECTION 105.01(B)(5), THAT CITY WILL NOT BE ENTERING INTO PROJ LABOR AGMT (PLA) FOR 2016 CHIP AND SEAL PROG, G.P.1247. - RECEIVED & FILED 207. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER NO. 1 FOR MAHONING RD NE CORRIDOR PROJ, PHASE 1, PID 90361, GP 1103, CONSTRUCTION ENGINEERING SRVS, CONTRACT NO. 2014-68, WITH MICHAEL BAKER, JR., INC. IN AMT OF $149,745.84; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 208. TREASURER PEREZ: RPT OF PARKING METER REV FOR APRIL 2016. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to First Reading Ordinances. Mister Clerk will you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -256- MINUTES OF THE MEETING MAY 16, 2016 FOLLOWS (ORDINANCE #5 ADOPTED ON 1ST READING): #1. (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 (PARCEL #02-39460, 2ND ST SW, TO LOCKSHIN ENTERPRISES) Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO VARIOUS CONTRACTS UTILIZING CDBG AND ESG FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY ($391,000.00 CDBG FOR SPECIAL REHAB PROJ; $607,243.00 CDBG FOR CBDO’S; $231,450.00 FOR PUB SERV PROJ; $212,400.00 ESG FOR ELIGIBLE PROJ) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AMENDING SECTION 303.07, ADMINISTRATIVE AND STORAGE FEES FOR IMPOUNDED VEHICLES, OF THE CODIFIED ORDINANCES (RAISE FEE FR $30.00 TO $50.00 PER VEHICLE; INCLUDE $50.00 FEE IN AUCTION PURCH PRICE) Referred to Finance and Judiciary Committees #4. (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A STATE COOPERATIVE PURCHASING/PROFESSIONAL SERVICES CONTRACT WITH FEDERAL SIGNAL FOR THE PURCHASE AND INSTALLATION OF ONE (1) WARNING SIREN; AND DECLARING THE SAME TO BE AN EMERGENCY (WRF) Referred to Finance Committee (COUNCIL RECESSED AT 7:47 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #5; RECONVENED AT 7:49). #5. (1st RDG) ADOPTED AS ORDINANCE NO. 85/2016 AN ORDINANCE AUTHORIZING PARTICIPATION IN THE ODOT WINTER CONTRACT (018-17) FOR ROAD SALT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee PRESIDENT SCHULMAN: And at this time, the Chair would declare an in house recess for the recess for the Finance Committee to meet in regard to Ordinance #5 on your Agenda this evening. You’re now in recess. Chairman Mariol. PRESIDENT SCHULMAN: Chairman Mariol. MEMBER MARIOL: Yes. PRESIDENT SCHULMAN: You’re ready? Council will reconvene after it’s recess. Leader. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -257- MINUTES OF THE MEETING MAY 16, 2016 MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinance #5 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 5 back on this evening’s agenda. Any remarks? Hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. The motion carries. The ordinance is a legal part of your agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #5. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance 5. Any remarks? Hearing none again, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAY CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #5. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #5. Any remarks? Again, hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS PRESIDENT SCHULMAN: Twelve yeas, Sir. #5 ADOPTED AS ORDINANCE NO. 85/2016 PRESIDENT SCHULMAN: Thank you. The motion carries and Ordinance 5 is been adopted. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -258- MINUTES OF THE MEETING MAY 16, 2016 ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Second Reading Ordinances. Mister Clerk, would you please begin with Ordinance 6. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #6 THROUGH #10 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (O#10 DEFEATED ON 2ND READING) #6. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE TRUMP SCHOOL ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY #7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($32,562.79 SUPP APPROP FR UNAPPROP BAL OF 2787 2014 BYRNE MEMORIAL GRANT FUND TO 2787 2014 BYRNE MEMORIAL GRANT - OTHER) #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE HIRING OF ROBERT B. SOBNOSKY, P.E., AS FACILITIES ENGINEER OF THE WATER DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT AND TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR THE HARRISON AVENUE/44TH STREET N.W. WATER MAIN REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($950,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207036 HARRISON AVENUE/44TH ST WATER MAIN REPLACEMENT PROJ - OTHER) #10. (2ND RDG) DEFEATED AN ORDINANCE WAIVING THE PROPOSED ANNUAL ADJUSTMENT TO THE BASE SEWER RATE PURSUANT TO SECTION 947.06 OF THE CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #10. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -259- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance #10. Any remarks? Hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas Sir. PRESIDENT SCHULMAN: Thank you. Motion carries. You’ve heard the 3 readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks? MEMBER MORRIS: Yes, Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: I just would like to go on the record as saying, once again, that I definitely oppose an increase. I don’t think that they have shown justified proof that they need it and as...you know, I’m sitting up here and I’m thinking, one of the things that kept being brought up is...you know, we have sewers that date back all the way to the 1800's. Our water lines date all the way back to the 1800's. But what’s ironic is, the majority of our sewer problems and the majority of our water line repairs are on the Northern end of the city. All post World War II materials. Okay...so, I think using the comment that, you know, all of our water lines in the city of Canton date back to the 1800's... we’ve actually heard in presentations from our Water Department, that the wall thickness of those water lines and those sewer lines are inches thick, not like the small ones which is creating the problems in Member Mack’s Ward. I think it’s not...I just cannot support this. Thank you. PRESIDENT SCHULMAN: Thank you Leader. Any other remarks? Yes, Chairman. MEMBER HARMON: There were a lot of good comments made during the Committee Meeting and when the original presentation was made on April 4th. But one that stands out in my mind and I (Inaudible). But I did some (Inaudible) looking at the comparisons to other communities. I don’t know if (Inaudible) is close in size, but our base grade is $30.57; theirs is $84.50. I don’t know if Akron’s apples and oranges, but theirs is $90.00, $60.00 more than ours. Maybe it would be best if apples to apples comparison (Inaudible). I just wanted to point that out. (Inaudible). I still think if what we know to be true, ours is still a pretty good bargain. PRESIDENT SCHULMAN: Thank you Chairman Harmon. Any other remarks? LAW DIRECTOR MARTUCCIO: Yes. PRESIDENT SCHULMAN: Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. Members of Council. It was asked in the Committee Meeting, because of the nature of the way this Ordinance was written, I believe by Member Fisher, COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -260- MINUTES OF THE MEETING MAY 16, 2016 to explain how to vote to go each particular way such to avoid any confusion. I’ll start out just as clearly as I can. If you are in favor or the 3% rate increase for the sewer, if you’re in favor you vote no. Reason being, the increase goes into affect automatically unless Council takes a step to shut it down, stop it, waive it. So the Ordinance is written in such a way as to waive it. So, if you want to stop the increase from going into affect, vote yes, I want to stop the increase. Let me say it again in plain English. If you’re in favor of the 3% increase, vote no. Thank you. PRESIDENT SCHULMAN: Thank you, Law Director. Any other remarks? I would just suggest that to follow up on the Chair, that this is an important issue and unfortunately we live in a time where, if you withhold the funding now, the prospect of paying enormous amounts later is pretty certain to occur, unfortunately. Now the problem is that cities are strapped all over the State for the reasons we’ve mentioned over and over and over again. But, nevertheless, that is the fact, so you should take that under consideration. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: That is in effect just what we did with the 9%. That’s why we had to do that. PRESIDENT SCHULMAN: Yes, Member Dougherty. Any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: YES. MEMBER WEST? I’d just like to applaud the sponsors because, again, this is a good debate and I think there was merits on both sides, and I just appreciate both people for bringing this up. Thank you. PRESIDENT SCHULMAN: Thank you, Member West. Any other remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 2 YEAS, 10 NAYS (MEMBERS SMITH, BABCOCK, HARMON, SMUCKLER, HAWK, WEST, SCAGLIONE, DOUGHERTY, MARIOL, & MACK VOTED NAY) CLERK SHOWES: Two yeas, Ten nays, Sir. PRESIDENT SCHULMAN: So the motion is defeated. #10 DEFEATED ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now move to Third Reading Ordinances. Would you please begin Mister COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -261- MINUTES OF THE MEETING MAY 16, 2016 Clerk with Ordinance 11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ THE FOLLOWING ORDINANCES #11 THROUGH #16 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCES #11 AND #12 ADOPTED AS AMENDED): #11. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 86/2016 AN ORDINANCE ADDING CHAPTER 1352, REGISTRATION OF VACANT NON-RESIDENTIAL COMMERCIAL PROPERTY AND INDUSTRIAL BUILDINGS, TO THE BUILDING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President I move we adopt Ordinance #11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #11 per a copy that all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved & seconded to amend Ordinance 11 by virtue of the copy before Members of Council. Any remarks? MEMBER WEST: To amend? PRESIDENT SCHULMAN: To amend. Okay. Leader. Oh, I’m sorry. Law Director. LAW DIRECTOR MARTUCCIO: Thank you. Mr. President. For the Members...for the benefit of the Members of Council and the audience, what the amendment says is “the Amendment substitutes the newly revised and redrafted Ordinance for the original proposed one.” At the vote, I will refer to your able Chairperson to explain some of the amendments and chime in if he likes. Thanks you. PRESIDENT SCHULMAN: Thank you Law Director. Any other remarks on the amendment? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11 as amended. MEMBER SMITH: Second.  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -262- MINUTES OF THE MEETING MAY 16, 2016 Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 11 by the substitution of the attached revised ordinance for the originally proposed ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11 as amended. Any remarks now? Member West. MEMBER WEST: Mr. President. I’m going to abstain for the appearance of a conflict of interest. PRESIDENT SCHULMAN: Thank you, Member West. Any other remarks? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Yes, Member Fisher. MEMBER FISHER: I want (Inaudible) the sponsor or the Chairman would mind going over the changes in the amendment with everybody. PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: I will briefly yield to the sponsor and Law Director, and of course, (Inaudible) to provide any other... PRESIDENT SCHULMAN: Member Scaglione. MEMBER SCAGLIONE: I’ll go ahead and let Joe cover the changes there. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you. Mr. President. Members of Council, Sponsor Scaglione, and Chairman. The original ordinance that came down was designed to do something that is a wonderful goal. Member Scaglione’s residents expressed great dissatisfaction, understandably, at looking at an anchor store and a mall that was once great and now is in decay. They shouldn’t have to look at that or suffer property loss and de-values. I think, with a lot of work by this sponsor, Mr. Scaglione, your Chairman of the Judiciary Committee, Mack, and extensive amount of review and work by your Mayor and by your Chief Building Official, Mr. Williams, Mr. Bartos, among other, it is a new ordinance. The intent is still there. If you register properties that are non-residential, that are commercial, industrial, and vacant and in disrepair, this is a right size ordinance. I must say the first one we drafted was probably a sledgehammer for a fly. This is a more right size ordinance that specifically is tailored to going after those residential...non-residential properties or commercial properties that are in decay. The definitions are better. The remedies are better. Those responsible people that keep their vacant commercial buildings up will not be affected. It’s designed to go after those who are not responsible and whose vacant properties pose a threat to the neighbors in terms of health, safety, welfare, or property value decay. I believe that’s a summary, but again, I would be happy to let anyone else add any other (Inaudible). And again, I really have to say thank you to the Chairperson and the Mayor, particularly for an exorbitant amount of time they spent with the sponsor trying to make this brand new, complex ordinance the best it could be to the situation it’s addressing. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -263- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: Thank you, Law Director. Chairman Mack. MEMBER MACK: Thank you, Mr. President. Unless there are any specific questions, I don’t know if everyone’s had an opportunity to review this, I just would like to reiterate the comment that I made in my email earlier today to thank the Law Director for all the work that he put into this; to thank the Mayor for the work that he put into this, and I’m talking hours of meetings, many, many drafts going back and forth; and to thank the Sponsor for taking charge and grabbing hold of this very forward thinking piece of legislation. Very proud to have played a role. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER FISHER: Just one specific question. In Committee, in one of the many Committee Meetings we had over this, Member West asked a question. We have a property owner, which is a small (Inaudible) property which has largely remained vacant over the years because we denied his zone change application or refused to move forward on them. Properties fall (Inaudible) some relatively good conditions for property.... to be clear, the way this is written out, property such as that would not be affected by the larger (Inaudible). Am I correct? PRESIDENT SCHULMAN: Chairman Mack. MEMBER MACK: Yes, thank you. Assuming...that this...we have, and let me start by saying first to reiterate Law Director Martuccio’s point, we significantly narrowed the scope of properties that are going to be subject to this ordinance. Assuming that your property that you’re talking about has no other code violations, has some utility connections, they won’t have to (Inaudible). MEMBER WEST: Has any... MEMBER MACK: Has some utility connections, yes. PRESIDENT SCHULMAN: Member West. MEMBER MACK: Sorry, that was my fault. LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: And Member Fisher, another point that the sponsor, Mr. Scaglione, and the rest discussed was, these are designed to be exterior inspections. Things that are obviously in decay, obviously unsafe, obviously affecting the neighbors. Interior inspections won’t be done under this unless there’s cause. They’ll either be done by consent or with an administrative search warrant obtained by a neutral magistrate. So, the primary goal of this is to keep the exteriors maintained and only if they’re in obvious decay. I hope that answers your questions. PRESIDENT SCHULMAN: Member Scaglione. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -264- MINUTES OF THE MEETING MAY 16, 2016 MEMBER SCAGLIONE: I’d just like to thank, too, everybody involved in this. Nobody can understand how many hours went into this, with everybody. Some people were more involved than maybe what they needed to be, but we all felt this was all very important for our city. Start moving our city forward, not let these vacant parcels continue to decay our neighborhoods. So, I just want to thank everyone involved. PRESIDENT SCHULMAN: You’re very welcome. Member Dougherty, did you have anything you wanted to say? Anything further? Okay. Any other...any other...sorry, I thought you were looking like you did. Any other remarks? Everybody should be commended for this. This is how government should work and congratulations to all of you. Any other remarks? Hearing none then, the question you’re voting on is Ordinance 11, as amended. Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #11 ADOPTED AS AMENDED AS ORDINANCE NO. 86/2016 PRESIDENT SCHULMAN: The motion carries and Ordinance 11, as amended, is adopted. We now turn to Ordinance 12, please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 87/2016 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE 1400 GRACE AVE. ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President I move we adopt Ordinance #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #12 per a copy that all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved & seconded that you amend Ordinance 12 by virtue of the copy before Members of Council. Any remarks? Hearing none by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -265- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12, as amended. MEMBER SMITH: Second. Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 12 by the substitution of the attached amended ordinance for the version currently pending before Council.. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12 as amended. Any remarks? Hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 87/2016 PRESIDENT SCHULMAN: Ordinance #12, as amended has been adopted. Good, I’m glad I got that right. Ordinance 13 please. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 88/2016 AN ORDINANCE AUTHORIZING THE MAYOR OF SERVICE DIRECTOR TO ENTER INTO AN AMENDED ENTERPRISE ZONE AGREEMENT WITH HYDRODEC N.A., INC.; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 13. Any remarks? Hearing none, Mister Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #13 ADOPTED AS ORDINANCE NO. 88/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 89/2016 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION TO PROVIDE A GRANT UTILIZING GENERAL FUND DOLLARS IN AN AMOUNT NOT TO EXCEED $50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -266- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Again, hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #14 ADOPTED AS ORDINANCE NO. 89/2016 PRESIDENT SCHULMAN: Thank you Mister Clerk. Ordinance 14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 90/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($69,709.00 SUPP APPROP FR UNAPPROP BAL OF 2769 2015 BYRNE MEMORIAL GRANT FUND TO 2769 2015 BYRNE MEMORIAL GRANT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Hearing none again, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #15 ADOPTED AS ORDINANCE NO. 90/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 15 is adopted. Ordinance 16. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 91/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($39.84 SUPP APPROP FR UNAPPROP BAL OF 2772 2013 EDWARD BYRNE GRANT FUND TO 2772 2013 EDWARD BYRNE GRANT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -267- MINUTES OF THE MEETING MAY 16, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks? Hearing none, Mister Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #16 ADOPTED AS ORDINANCE NO. 91/2016 PRESIDENT SCHULMAN: Thank you Mister Clerk. Ordinance 16 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Finance will be meeting at 6:00 p.m. on May 23rd. There will be a Healthcare Presentation also. PRESIDENT SCHULMAN: Thank you, Chairman Mariol. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: C&ED will also be meeting at the same time. PRESIDENT SCHULMAN: Thank you, Chairman Smith. Anyone else? MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman Mack. MEMBER MACK: Judiciary will meet at the same time and the same place. PRESIDENT SCHULMAN: Thank you. Anyone else? PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Okay, hearing no other comments, Miscellaneous Business. Is there any? MEMBER HAWK: Mr. President...thank you, Sir. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -268- MINUTES OF THE MEETING MAY 16, 2016 PRESIDENT SCHULMAN: Oh, Member Hawk. MEMBER HAWK: I’d like to thank Chairman Mariol and the Administration for their openness in finally reviewing the city’s financial status. Something we should have had going on a long time ago, and it’s a wonderful thing that we have that open to us, in which we can see it and review it. Thank you to the Administration. PRESIDENT SCHULMAN: Service Director. SERVICE DIRECTOR BARTOS: Mr. President. Just real quick, I forgot for a couple weeks to bring this up, but I wanted to recognize two of our employees in the Street Department. Shortly after the Hall of Fame Marathon, we were picking up barricades from the parade route where they noticed a house fire in the 1100 block of 7th St. NW. These employees are Kirt Fatch and Joel Souliere. The Street Department empoyees, it’s not their responsibility to go running up to a house that’s burning but they actually did. They helped break a window and helped the resident escape before the firefighters arrived to put out the blaze. Actually, Councilman Hawk brought this up to me, so I thank him for making me aware of this and I conferred the situation to the Street Department. So, I wanted to thank both Kirt and Joel for their dedication to not only their job, but also to helping out a Cantonian in need. (Applause). MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER HAWK: Here again. Thank you very much, and I’m going to work with the Law Director and we’re going to write a Resolution commending both of those gentleman, along with 2 officers from our Police Department, and a very important member, a gentleman named Anthony Harris, from Ironworkers Local 550 who provided the crowbar that helped break that window out. So all of these people happened to arrive on the scene and the woman was not even aware that the fire was going through her house. They actually rescued her and helped her out. Our Fire Department was responsive and everybody did a wonderful job and nobody got injured. So, we’ll be doing that in the near future. Thank you. PRESIDENT SCHULMAN: Thank you, Member Hawk. Any other Miscellaneous Business? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: I have a question for the Administration and the Law Director. Conversations that myself and Asst. Leader Smith have had...now that we have the legislation in place on the vacant commercial properties, how soon can we anticipate enforcement? Especially along the East Tusc area where a very, very well known and predominant investor and developer in Canton has left some property sit vacant for far too long in Member Smith’s Ward. LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you. Majority Leader. Minority...Asst. Majority Leader. I...first of COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -269- MINUTES OF THE MEETING MAY 16, 2016 all, have to point out that the Ordinance does not go into affect until 30 days from now when the Mayor signs it. Ordinarily, as you all know, when we make changes to our Codified Ordinances, which are the permanent Ordinances in the big green book, they are of such a permanent nature that we want to give our residents the right to referendum. So, first of all, it’ll be 30 days before it goes into effect. Now, to your questions, which I know you care deeply about and that is those standards then will be able to be enforced by inspection, by citation. The first couple of citations are fines. It’s a civil, not a criminal matter. It’s a civil matter where it’s strict liability. There’s an appeal process (Inaudible). Now, upon subsequent offenses, it does escalate to a crime. And if the evidence is sufficient, it will be prosecuted. While I’m on this topic, I wanted to let you all know that one of our Civil Asst. Prosecutors has volunteered to help the Criminal Division with tall grass. We are down 2 full-time Prosecutors, the remaining Prosecutors are all furloughing, and Craig Chessler, who used to be a Prosecutor and used to be our Civil Code Enforcement Officer has volunteered to help them out, to be directly responsible to the Street Department, to work with them on mowing and tall grass issues that are appropriate for criminal prosecution. I understand that Rick Hoffman will be assigned also to work on gathering those particular (Inaudible) up for citation. You’ll hear more about that in an email. Thank you. PRESIDENT SCHULMAN: Thank you. MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MACK: If I could just add on to the very precise comments of our Law Director...Chief Building Official Molnar is obviously very (Inaudible) in this position. He’s going to be moving very quickly to begin this process once it starts. So if I could (Inaudible) to Leader Morris and Leader Smith, and everyone, look at the definitions of vacant and make sure your property would qualify and it’s pretty easy to do, and then email Chief Building Official Molnar with that address of the property because he will be sending letters to these properties, notifying them of their obligation to register and once the registration happens, then an exterior inspection is automatic. So one thing that every member can do to help us begin the implementation of this is to get the vacant commercial properties emailed over to Chief Building Inspector Molnar. PRESIDENT SCHULMAN: Thank you Chairman Mack. Any other remarks? Leader, do you have anything else you want to add? Leader, anything else? MEMBER MORRIS: No. I’m good. PRESIDENT SCHULMAN : Well, Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It has been moved and seconded to adjourn. Roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas Sir. PRESIDENT SCHULMAN: (Gavel falls) Thank you very much everybody. Have a wonderful week and drive COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -270- MINUTES OF THE MEETING MAY 16, 2016 carefully. Thanks. ADJOURNMENT TIME: 8:26 PM ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT