City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -409- MINUTES OF THE MEETING SEPTEMBER 12, 2016 PRESIDENT SCHULMAN: Good evening. Good evening ladies and gentlemen. Welcome to Canton City Council. We appreciate all of you being here on this beautiful, getting to be fall day. With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Mr. Clerk. ROLL CALL TAKEN BY CLERK SHOWES: 11 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) ELEVEN COUNCIL MEMBERS PRESENT. CLERK SHOWES: Eleven yeas, Sir. PRESIDENT SCHULMAN: Tonight’s invocation will be given by Council Member-At-Large, James Babcock. If you’ll all stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on September 12, 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 Council-At-Large Member, James Babcock. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Babcock. We are now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 6 through and include 10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 6 through 10. Any remarks? Hearing none, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. PRESIDENT SCHULMAN: Thank you, Mr. Clerk. Rule 22A is suspended and the ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings, we have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business, we have no Old Business this evening. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -410- MINUTES OF THE MEETING SEPTEMBER 12, 2016 PUBLIC SPEAKS PRESIDENT SCHULMAN: And now we turn to Public Speaks. We have 2 speakers. Our first Loren Greenfield. Is that correct? I’m sorry. I hope I’m pronouncing your name...no? One more time, Loren Greenfield. Okay, Loren’s not here. Our next speaker, our last speaker, is James Baker...James Parker. Mr. Parker, good evening. Welcome, as always, again to City Council. If you’d give us your name and your residential address, please. JAMES PARKER: Thank you Council President Schulman. James Parker, 630 Penny St. SE, North Canton. Mr. Council President, I’d like to discuss with you, the city’s plan on parker meters. Especially the ramping up of enforcement like...possibility of towing, court appearances, and license restrictions, that sort of thing, as well as the wisdom of installing high tech, smartphone app meters for those who are “wired”. It will be interesting to hear tonight, Treasurer Perez’s report on parking meter revenue, Communication 336. I don’t know how he could compare that versus expenditures. How absurd would it be for any of Canton’s private parking lots like Belden Village, to have metered parking? Why do you think there are no more department stores downtown? People weigh transaction costs for any goods and services. I know three or four priests that went to lunch at Luca’s. They all got four tickets. They’re not coming back for lunch downtown. So when you get the consumer perspective as to the “why” of citizens who won’t come downtown, is it any wonder? They may add $20.00 to their lunch bill. And most people don’t realize for sure that after 5:00, the meters don’t need fed. It’s a net negative. A lose, lose situation, at best... a retroversion, anachronistic. Already, cars are driving themselves and parking themselves. Before long, within a few years, your cars will come and pick you up and drop you off and go park themselves away from any meter, and run twenty cars in...twenty persons in between. Uber won’t need drivers, they have robots. They’ll pick you up when directed. Hemingway wrote something like...”It’s not how fast the speed at which our future is changing, but our inability to comprehend how fast it really is changing”. In 2007, the city of Oakland arranged $4.8 million in financing to purchase five hundred parking meters. It cost $2.4 million to install two hundred fifty new meters. When somebody finally answered the question as to what was the net revenue produced, they had spent $2.4 million to raise $146,000.00. When will anyone care to work on the playground situation at Skyline Terrace? Just as Carthage must be destroyed, so must the playground for children be removed and replaced on Allen Page Drive in Skyline Terrace. There’s property configurations to be worked. I’ve seen nobody working on it in five years. We have Councilman-At-Large, we have a President, we have Councilperson Smith in charge of that area. I’ve pleaded with her for over five years, I’ve done everything from mock her to get angry with her, and nothing. Thank you very much. Have a good night. PRESIDENT SCHULMAN: Thank you. (Applause)...and that concludes our Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Turning now to Informal Resolutions. We sort of...not sort of...it’s a very bittersweet Informal Resolution. We have one for this evening and it is Informal Resolution 57. Would you read it by title, please. #57. COUNCIL-AS-A-WHOLE: HONORING THE LIFE OF LEON “LEE” M. COTE. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #57. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -411- MINUTES OF THE MEETING SEPTEMBER 12, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution #57. Are there any remarks? (Inaudible) Do you want to pass it first? (Inaudible). Thank you. CLERK SHOWES: Informal Resolution respectfully submitted by Council-As-A-Whole on this 12th day of September 2012. (Clerk Showes incorrectly read the year - should have stated 2016). Whereas, Leon “Lee” M. Cote was born December 12, 1939 in Holyoke, Massachusetts. Upon his graduation from Holyoke High in 1957, he served in the United States Air Force until 1961. In 1962 Lee graduated from Holyoke Community College and from the University of Massachusetts at Amherst in 1974, and Whereas, Lee has always devoted his time to community endeavors. While still a resident of Holyoke, he served on the Board of Aldermen and Board of Directors of Holyoke Hospital, and became an active member of the Western Massachusetts Leukemia Society, the Greater Holyoke Jaycees and the Holyoke Boys Club, and Whereas, To the benefit of the great city of Canton, Lee moved to this area 27 years ago where he adopted Canton as his home. In his new home he devoted his time and energies to community programs such as the Canton Ex-Newsboys and the O.U.R. Neighborhood Association, and Whereas, Being an avid advocate for Ward 8, Lee honored us with his presence nearly every Monday night Council meeting for many years. His genuine desire to better our community was heartfelt and his stern but respectful approach always got our attention. In addition, thanks to Lee’s gracious donation of Norman Rockwell’s Four Freedoms, this Council and all those in the future will benefit from his generosity, and Whereas, Lee’s zest for life was expressed in his willingness to meet and talk to everyone he met. Lee will live on in his loving companion Alice, his sons Lee and Michael, his daughter-in-law Catherine, his grandchildren, and his countless friends and admirers. He will be remembered in this Chamber every Monday night that a City Council meeting is held. Now Therefore Be It Resolved: that we, the Members of Canton City Council, do hereby go on public record honoring Leon “Lee” M. Cote for a life well lived and so dedicated to the betterment of others. Rest in peace, dear friend. PRESIDENT SCHULMAN: Speaker...I’m sorry. (Inaudible). All those...all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #57 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. (Applause). MEMBER SMUCKLER: Those of us that have been here for a while have seen a lot of people come and go. Some of the them are regulars here, is what we refer to...you can come down front here. I want a better angle. I want you to catch my good side. If you find it, let me know. There’s been the Charles Killens of the world. Over the years there’s been many...what we call, oddities, and Lee is an oddity. Lee was an oddity. I had the good fortune of a few years ago...calling him and saying, “Hey”! “What are you doing nights that I don’t have anything to go to?” And...”What do you want to do?” I said, ‘Let’s go walking”. And during the winter we walked at the mall and during the summer we walked at the park area between Gervasi and Spangler Rd. a lot. That line I had inserted in there Alice because my wife would call on my cell phone and say “Where are you”? Because Lee stopped and talked to everybody on that trail or everybody in the mall. That was good thing. Lee taught me that it’s important to stop to say hello to people. It’s important to be passionate of what you care about. Lee and Alice fought very hard for a park in their neighborhood. Unfortunately, they had me paint the swing set. Now, most of you know, especially Councilman Dougherty, about my building skills. There was more paint on me than there was the swing set. Lee took a good hearted laugh after he saw me and we became COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -412- MINUTES OF THE MEETING SEPTEMBER 12, 2016 quick and fast friends. But Lee’s passion for this, Lee’s passion for the sewer project that took how many years? I get to say it now...fifteen? Fifteen years. Lee’s passion for the cement job on 41st St, Lee’s passion for the park, Lee’s passion for the Ex-Newsies, and Lee’s further passion to get involved with certain candidates like our current Mayor. But it’s really ironic that someone adopts a city so fast, so quickly, and cares so much about it. He had just gained a passion for the Ex-Newsies and helping further people, and I think that says what Lee stood for. It was for a smile and for helping people and I think we’re sorely going to miss Lee on Monday nights as I do now, driving by the walking areas that we used to go. I think that Lee should be well remembered for what he’s already contributed in a short period of time here. Thank you. Alice. (Applause). ALICE SARVER: I am not a speaker and all I want to say to all of you is that the relationship that Lee had with Canton, Ohio and with all of you was amazing on so many levels and it’s memories that, like Bill just mentioned, that I will treasure forever. And I thank all of you for that. There’s just...I can’t go beyond those words. Thank you. (Applause). UNKNOWN VOICE: Go Patriots! (Laughter). PRESIDENT SCHULMAN: Well, we are surely going to miss him, Alice. We’re going to miss him desperately. He was a sweet man and for a person to come from Massachusetts to Canton, Ohio, that’s quite a leap. And all the good that he did will not be forgotten, we can assure you and you know that. And you are spectacular also. So...and your family. So we thank you again, and our deepest condolences, but on the other hand it was a life well lived. You really can’t ask for anything better than that. So, with that, any other remarks? Okay. Thank you very much and obviously Alice and family, you know you don’t have to stick around tonight if you don’t want to. Don’t feel...if you’re going to...okay. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under 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 SEPTEMBER 12, 2016. 314. AGENT, MARK BUSH: REQ ZONE CHANGE OF PARCELS 224056, 285550, 237754, 237755, 245982, 201691, 229993, 201690 ON W TUSC ST FOR PROPOSED DOLLAR GENERAL STORE (WARD 1). - PLANNING COMMISSION 315. AGENT FOR PETITIONER SLIMAN: COPY OF ANNEXATION PETITION DOCS FILED WITH STARK CTY COMMISSIONERS ON 8/25/16 FOR THE PILOT ANNEXATION. - RECEIVED & FILED 316. AGENT FOR PETITIONER SLIMAN: AMEND 1-77 FAIRCREST CEDA AGMT WITH CANTON TWP TO INCLUDE 77 GULLIVERS - 2414 FAIRCREST ST SW ANNEXATION. - ANNEXATION COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -413- MINUTES OF THE MEETING SEPTEMBER 12, 2016 317. ANNEXATION CHAIRMAN WEST: REQ LEGISLATION FOR STATEMENT OF SRVS FOR 77 GULLIVERS - 2414 FAIRCREST ST SW ANNEXATION CONSISTING OF APPROX 3.3642 ACRES IN CANTON TWP. - ANNEXATION COMMITTEE 318. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 8/31/16. - RECEIVED & FILED 319. AUDITOR MALLONN: MTHLY REPORT BY FUND FOR 8/1/16 THRU 8/31/16. - RECEIVED & FILED 320. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 1/1/16 THRU 8/31/16. - RECEIVED & FILED 321. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO TRANSFER PARCELS #280872, #280873, #284986, #280871, AND #285060 TO CCIC FOR SUBSEQUENT TRANSFER TO REFUGE OF HOPE MINISTRIES. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 322. DEPUTY MAYOR WILLIAMS: AUTHORIZE SERV DIR TO ACCEPT JOINT ECONOMIC DEV DISTRICT AGMT (JEDD) WITH STOLLE MACHINERY, INC. IN JACKSON TWP; RATIFY ANY ACTIONS TAKEN TO EFFECTUATE JEDD TO REAUTHORIZE O#248/2014 AND O#249/2014. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 323. FINANCE DIRECTOR CROUSE: REQ $3,000.00 SUPP APPROP FR UNAPPROP BAL OF #7506 BLDG DEPT STATE ASSESS FUND TO 7506 101501 - OTHER FOR TAX ASSESSMENT REIMBURSEMENT TO STATE OF OHIO. - FINANCE COMMITTEE 324. FINANCE DIRECTOR CROUSE: REQ $5,000.00 SUPP APPROP FR UNAPPROP BAL OF #2812 EMS TRAINING AND EQUIP FUND TO 2812 103001 - SUPPLIES- OTHER FOR FIRE DEPT PURCHASE OF SUPPLIES. - FINANCE COMMITTEE 325. HEALTH COMMISSIONER ADAMS: REQ $30,200.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2316 WIC SUPPLEMENTAL HEALTH TO FUND 2316 301001 WIC SUPPLEMENTAL HEALTH - 700 OTHER FOR PAYMENT OF GRANT EXPENSES. - FINANCE COMMITTEE 326. HEALTH COMMISSIONER ADAMS: REQ $130,500.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND 2316 301001 FAMILY HEALTH - 611 PAYROLL & WAGES FOR $80,000.00, TO FUND 2316 301001 FAMILY HEALTH - 621 FRINGES FOR $33,000.00, AND TO FUND 2316 301001 FAMILY HEALTH - 70 OTHER FOR $17,500.00 FOR PAYMENT OF GRANT EXPENSES. - FINANCE COMMITTEE 327. HEALTH COMMISSIONER ADAMS: REQ $30,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2320 NURSING CLINIC ACTIVITY FUND TO FUND 2320 303002 NURSING CLINIC COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -414- MINUTES OF THE MEETING SEPTEMBER 12, 2016 ACTIVITY FUND - OTHER FOR PAYMENT OF VACCINATIONS. - FINANCE COMMITTEE 328. MAYOR BERNABEI: ADVISE OF APPTS OF REMEL MOORE, REV HUBERT FLEMING, AND MAJOR THOMAS GRACE TO MAYOR’S COMMUNITY RELATIONS COMMISSION. - RECEIVED & FILED 329. MAYOR BERNABEI: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PURCHASE OPTION AGMT WITH GROFFRE INVESTMENT, LTD. FOR SALE AND PURCHASE OF PARCELS OF REAL ESTATE IDENTIFIED AS FORMER OHIO CASTING AND WEBER DENTAL FACILITY SITES LOCATED ON 13TH ST NE AS PART OF ONGOING PHASE II ENVIRONMENTAL CLEANUP TO RESTORE AND REUTILIZE THESE BROWNFIELD SITES TO PRODUCTIVE USE; ESTABLISH FAIR MARKET VALUE OF THESE PROPERTIES AT $500.00 PER SITE. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 330. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAFETY DIR TO RECEIVE CHECK #1280 FR FIREFIGHTERS SUPPORT FOUNDATION, INC. AND APPROP $4,000.00 FR UNAPPROP BAL OF 2783 FIRE DONATION FUND TO 2783 103001 - SUPPLIES - OTHER FOR PURCHASE OF WATER RESCUE OR RELATED EQUIP; AUTHORIZE AUDITOR TO PLACE GRANT MONEY INTO FUND 2783-FIRE DONATION FUND. - FINANCE COMMITTEE 331. SAFETY DIRECTOR PERRY: AUTHORIZE SAFETY DIR TO PAY $5,658.70 MORAL OB TO VIEVU, LLC FOR AUTHORIZED ORDER PLACED PRIOR TO OBTAINING FINAL PURCHASE ORDER. - FINANCE COMMITTEE 332. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO: ESTABLISH FAIR MARKET VALUE OF ALL PARCELS FOR FEE SIMPLE TAKES, PERMANENT EASEMENTS, AND TEMPORARY EASEMENTS NECESSARY FOR CONSTRUCTION OF MAHONING RD NE CORRIDOR PROJ, PHASE 2, G.P. 1103, PID 90365; NEGOTIATE WITH PROP OWNERS AND ENTER INTO AGMTS FOR PURCHASE OF AND ACCEPT TITLE TO SAID PARCELS ; NEGOTIATE AND ENTER INTO AGMT FOR SALE OR DONATION OF CITY OWNED PROP FOR PERMANENT ROAD RT OF WAY, UTILITY EASEMENTS, AND/OR TEMP CONSTRUCTION EASEMENTS; MAKE MINISTERIAL CHANGES TO CORRECT PROP OWNER NAMES, PARCEL NOS AND OTHER NUMERICAL DESCRIPTIVE OR TYPO ERRORS; DECLARE COUNCIL’S INTENT TO APPROP PARCELS FOR PROJ IF NEGOTIATED PURCHASE PRICE CANNOT BE REACHED; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS BASED ON NEGOTIATED PURCHASE PRICES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS FOR FMV FOR PARCELS THAT REQUIRE PROP APPROP TO BE DEPOSITED WITH COURTS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 333. SERVICE DIRECTOR BARTOS: REQ $295,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207001 - WATER ADMINISTRATION - OTHER FOR $10,000.00 AND TO 5201 207022 - WATER DISTRIBUTION - OTHER FOR $285,000.00 FOR INSURANCE FEES AND SUPPLIES FOR WATER DEPT. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -415- MINUTES OF THE MEETING SEPTEMBER 12, 2016 334. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER NO. 1 FOR EAST SIDE INTERCEPTOR SANITARY SEWER RELOCATION PROJ, (FRESHMARK) GP 1113, CONSTRUCTION ENGINEERING SRVS, CONTRACT NO. 2015-75 WITH MICHAEL BAKER, JR., INC. IN AMT OF $34,462.71; AUTHORIZE AUDITOR TO PAY $34,462.71 MORAL OB TO MICHAEL BAKER, JR., INC.; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES 335. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR AUGUST 2016. - RECEIVED & FILED 336. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR AUGUST 2016. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for the first reading. Would you read and begin with Ordinance #1, Mr. Clerk. 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 FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO A PROFESSIONAL SERVICES SOLE SOURCE PROCUREMENT CONTRACT WITH KRONOS INCORPORATED FOR THE UPGRADE AND MAINTENANCE OF THE CITY’S TIME KEEPING SYSTEM AND FOR THE PURCHASE OF UPDATED TIME CLOCKS; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($55,000.00 SUPP TRF FR 1001 504010 INFORMATION TECHNOLOGY MANAGER - OTHER TO 4501 801001 AUDITOR - ADMINISTRATION - OTHER) Referred to Public Property Capital Improvement Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($4,000.00 SUPP TRF FR 1001- 701001 70514 JUDGES ADMINISTRATION - OTHER TO 1001-701001 61128 JUDGES ADMINISTRATION-PERSONNEL) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($70,000.00 SUPP APPROP FR UNAPPROP BAL 4501 CAPITAL PROJECTS FUND TO 4501-202210 CAPITAL PROJECTS FUND-OTHER) Referred to Public Property Capital Improvement Committee #4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF ALL OF COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -416- MINUTES OF THE MEETING SEPTEMBER 12, 2016 LOTS 21320, 21321, 21322 AND PART OF LOT 21323; AND DECLARING THE SAME TO BE AN EMERGENCY (HABITAT FOR HUMANITY, 1800 BLOCK OF EDWARDS AVE NE) Referred to Public Safety & Thoroughfares Committee (COUNCIL RECESSED AT 7:48 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS O#5; RECONVENED AT 7:49 P.M.) #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 149/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($60,000.00 SUPP APPROP FR UNAPPROP BAL 2323 PERSONAL RESPONSIBILITY ED PR FD TO 2323 301001 PERSONAL RESPONSIBILITY ED PR FD - OTHER) Referred to Finance Committee PRESIDENT SCHULMAN: Council will reconvene...I’m sorry...Council will, at this time, take a ...declare an in-house recess for the Finance Committee to meet in regard to Ordinance #5 on your agenda. You are now in adjournment. (RECESS) PRESIDENT SCHULMAN: Council will reconvene then after it’s recess. Leader. 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 Ordinance #5 back on this evening’s agenda. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. PRESIDENT SCHULMAN: Motion carries and Ordinance #5 is back on this evening’s agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules on Ordinance #5. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 5. Are there any remarks? Hearing none, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -417- MINUTES OF THE MEETING SEPTEMBER 12, 2016 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. PRESIDENT SCHULMAN: Thank you. Motion carries. 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. Are there any remarks? Hearing none again, roll call vote, please, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #5 ADOPTED AS ORDINANCE NO. 149/2016 PRESIDENT SCHULMAN: Ordinance #5 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Second Reading Ordinances and Formal Resolutions for their second reading. Mr. Clerk, will 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 (ORDINANCE #10 ADOPTED AS AMENDED ON 2ND READING): #6. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE BARCICH - MARKET AVE. N. 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 TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000, FOR THE PURPOSE PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -418- MINUTES OF THE MEETING SEPTEMBER 12, 2016 #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 1155 NIP ACQUISITION DEMO DEBT FUND; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,000,000.00 FR UNAPPROP BAL OF 1155 NIP ACQ. DEMO DEBT FUND TO 1155 506001 NIP ACQ. DEMO DEBT - OTHER) #9. (2ND RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPT 20PW SERV DIR DIV OF PUBLIC WORKS - REMOVE CLASS OF DOWNTOWN SERVICE SPECIALIST POSITION) #10. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 150/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BENNETT AND WILLIAMS ENVIRONMENTAL CONSULTANTS, INC. FOR DESIGN AND CONSTRUCTION OVERSIGHT FOR THE INSTALLATION OF GROUNDWATER MONITORING WELLS; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($54,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207010 WATER PUMPING AND FILTRATION - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules for Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance #10. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir PRESIDENT SCHULMAN: Motion carries. You’ve heard the three 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 under this Ordinance? MEMBER MORRIS: Mr. President, I move we amend Ordinance #10 per a copy all Council Members have in front of them. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -419- MINUTES OF THE MEETING SEPTEMBER 12, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #10 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion to amend carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10, as amended. MEMBER SMITH: Second. Amendment Pursuant to Rule 36, I move to amend in its entirety Agenda Item no. 10 by the addition of a new Section3, with the remaining of current Sections 3 - 5 as 4 - 6, as follows: Section 3. The Mayor or Director of Public Service is further authorized and directed to enter into an Agreement of Cooperation with the city of North Canton to effect the installation, maintenance and accessibility of a monitoring well to be located on North Canton property. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 10, as amended. Any remarks? I just have a...just one comment. This has been a long time coming. As Tom Harmon knows, and it’s very gratifying, but more importantly, it’s designed to protect our city, our water supply as he has said and the Mayor has certainly seconded. The most important asset we have is our water and without it this city will crumble. So, it’s a real pleasure to finally get this brought before Council and get this passed and get this first well drilled so we can protect our water supply. Because in the next century, this century, water is going to be at a premium, it will be so important to our nation and certainly to our community. So, I appreciate all the hard work that’s been done from the Mayor and everyone involved. Any other remarks? Hearing none then... NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #10 ADOPTED AS AMENDED AS ORDINANCE NO. 150/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 10, as amended, is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Third Reading Ordinances and...Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk, would you please begin with Ordinance #11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ THE FOLLOWING COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -420- MINUTES OF THE MEETING SEPTEMBER 12, 2016 ORDINANCES #11 THROUGH #15 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 151/2016 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE AND THE DIRECTOR OF PARKS AND RECREATION TO INITIATE A PUBLIC BID FOR THE LEASE OF 1,872 SQUARE FEET OF SPACE IN THE EDWARD “PEEL” COLEMAN COMMUNITY CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY 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? MEMBER MORRIS: Mr. President, I move we amend Ordinance #11 per a copy all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #11 by virtue of the copy before each one of your. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11, as amended. MEMBER SMITH: Second. Amendment Pursuant to Rule 36, I move to amend in its entirety Agenda Item no. 11 by amending the caption and Section 1 to add “/or” after the words “Director of Public Service and” and to add the word “approximately” before the figure “1,872" in the caption. . PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11, as amended. Any remarks? Hearing none, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #11 ADOPTED AS AMENDED AS ORDINANCE NO. 151/2016 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -421- MINUTES OF THE MEETING SEPTEMBER 12, 2016 PRESIDENT SCHULMAN: Ordinance 11, as amended, has been adopted. Ordinance #12. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 152/2016 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A REIMBURSEMENT GRANT FROM THE OHIO DEPARTMENT OF PUBLIC SAFETY IN AN AMOUNT NOT TO EXCEED $2,750.00; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,750.00 SUPP APPROP FR UNAPPROP BAL OF 2812 EMS TRAINING & EQUIP GRANT FUND TO 2812 103001.734.17 FIRE DEPT - SUPPLIES EQUIP - OTHER) 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? NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #12 ADOPTED AS ORDINANCE NO. 152/2016 PRESIDENT SCHULMAN: Ordinance 12 has been adopted. Ordinance 13. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 153/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP BAL OF 2773 2015 COPS HIRING GRANT FUND TO 2773 102001 POLICE DEPT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #13. Any remarks under this Ordinance? Hearing none again, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #13 ADOPTED AS ORDINANCE NO. 153/2016 PRESIDENT SCHULMAN: Ordinance 13 has been adopted. Ordinance 14 please. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -422- MINUTES OF THE MEETING SEPTEMBER 12, 2016 #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 154/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1) EXTENDED BED PICKUP TRUCK; OR TO ALTERNATIVELY PURCHASE SAID VEHICLE PURSUANT TO ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY (SANITATION DEPT) MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14. Any remarks under this Ordinance? Hearing none again, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas. #14 ADOPTED AS ORDINANCE NO. 154/2016 PRESIDENT SCHULMAN: Ordinance 14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 155/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO TRANSFER USE OF UNIT #5507, A USED PICKUP TRUCK NO LONGER NEEDED BY THE SANITATION DEPARTMENT, TO THE CANTON CITY HEALTH DEPARTMENT; AUTHORIZING REIMBURSEMENT FOR SAID VEHICLE IN AN AMOUNT NOT TO EXCEED $20,062.87; AND DECLARING THE SAME TO BE AN EMERGENCY 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 under this Ordinance? Again hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. #15 ADOPTED AS ORDINANCE NO. 155/2016 PRESIDENT SCHULMAN: Thank you. Ordinance 15 has been adopted. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -423- MINUTES OF THE MEETING SEPTEMBER 12, 2016 ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Chairman. MEMBER DOUGHERTY: Public Property Capital Improvements will meet 9/19/16 at 6:45 p.m. PRESIDENT SCHULMAN: Thank you. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Finance will meet at the same time, same place. Thank you. PRESIDENT SCHULMAN: Thank you. Anyone else? CLERK SHOWES: Public Safety & Thoroughfares. PRESIDENT SCHULMAN: Public Safety...Public Safety and... MEMBER HAWK: Public Safety & (Inaudible) at the same time. PRESIDENT SCHULMAN: ...that’s okay. Anyone else? Okay. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: I would just like to thank everyone that participated in the last day of the Edward...er...Wayne Douglas Jamerson Spray Park and for those of you that was not there, y’all missed the Mayor. He actually got in the water. He jumped off the diving board and so forth..and he went swimming! (Laughter) But he really enjoyed himself. Also, I would just like to say to Mr. Parker that the project up in Skyline Terrace, as far as the playground, you would have to talk to Skyline Terrace Apartments and People’s Baptist Church. And, just to let you know, they are accepting donations to expedite that project. So we look forward to you participating. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER DOUGHERTY: Just a reminder, we have the Feed the Needy Picnic this Saturday, so any of y’all COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -424- MINUTES OF THE MEETING SEPTEMBER 12, 2016 that could come, please do. If not, please give me your money. (Laughter). Give til it hurts. Thank you. PRESIDENT SCHULMAN: Thank you, Member Dougherty. Thanks for your, again, all your hard work on this. This is a labor of love and very important to our community. Any other remarks? Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: There’s a motion to adjourn. NO REMARKS ROLL CALL 11 YEAS, 0 NAY CLERK SHOWES: Eleven yeas, Sir. PRESIDENT SCHULMAN: (Gavel falls) Motion carries. Have a good evening everybody. Have a wonderful week. ADJOURNMENT TIME: 8:12 P.M. ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT