City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -583- MINUTES OF THE MEETING NOVEMBER 28, 2016 PRESIDENT SCHULMAN: It isn’t 7:30 yet but I just wanted to...(Gavel falls)...I just wanted to recognize our students from Jackson High School. If you’ll stand, please. Would you stand up and let us recognize you. (Applause). Welcome. We’re sorry we have to put you through this, but thank you and best of...good luck to you. Okay, good evening ladies and gentlemen. 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: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, ROBERT FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Thank you, Mr. Clerk. Tonight’s invocation will be given by my good friend, Ward 9 Council Member and Leader, Frank Morris. If you’ll stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on November 28, 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 Ward 9 Council Member, Frank Morris. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Mr. Speaker, for those very important words. We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #7 through #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 7 through 15 to this evening’s agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Rule 22A is suspended, and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We now turn to Public Hearings and we actually have two Public Hearings tonight. The first one is scheduled for 7:30 and it’s AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE HALL OF FAME VILLAGE #1 ANNEXATION AREA COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -584- MINUTES OF THE MEETING NOVEMBER 28, 2016 CONTAINING APPROXIMATELY 2.797 ACRES IN PLAIN TOWNSHIP; PLANNING COMMISSION RECOMMENDED APPROVAL, ASSIGNING SAID TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS HOFV (HALL OF FAME VILLAGE DISTRICT) Is there anyone in the audience wishing to speak in favor or against this annexation, will you please come forward. Yes Sir. If you’ll step forward please, and give us your name...oh, didn’t recognize you. JAMES PARKER: I’m in favor of it. Thank you. PRESIDENT SCHULMAN: Okay. Thank you, Mr. Parker. That was short and succinct. Anyone else? I have to say one more time, is there anyone in the audience wishing to speak for or against this particular annexation? Seeing no one step forward, the public hearing is over in regard to this matter and it will be in your hands shortly. The second Hearing is scheduled for 7:31 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 in the 900 BLOCK OF TUSCARAWAS ST W FROM R-1A (SINGLE FAMILY RESIDENTIAL) AND B-3 (GENERAL BUSINESS) TO PB-3 (PLANNED GENERAL BUSINESS) FOR MARK BUSH, AGENT FOR STARK MANAGEMENT SERVICES - WARD 1). Planning Commission again recommends the approval of the same. Is there anyone in the audience wishing to speak for or against this zoning change, would you please step forward. Seeing no one standing up, but again I have to say is there anyone in the audience wishing to speak for or against this particular zone change, would you please step forward. No one steps forward, and again, the Chair declares this public hearing to be over in this regard, and the matter now rests in the hands of Canton City Council and will follow later this evening. OLD BUSINESS PRESIDENT SCHULMAN: We are now under Old Business. We have no Old Business this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have no Public Speaks this evening. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have no Informal Resolutions...(Laughs)...that has to be a complete record. COMMUNICATIONS PRESIDENT SCHULMAN: We are 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 NOVEMBER 28, 2016. 439. AUDITOR MALLONN: APPROVE ISSUANCE OF NOTE NOT TO EXCEED $2,000,000.00 IN ANTICIPATION OF COLLECTION & PAYMENT OF INCOME & PROPERTY TAXES & MISC OTHER SOURCES; REQ $2,000,000.00 APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 801001 ANTICIPATORY NOTE OTHER. - FINANCE COMMITTEE 440. CD DIRECTOR MILLER: AUTHORIZE MAYOR TO SUBMIT APPLICATION TO US DEPT OF COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -585- MINUTES OF THE MEETING NOVEMBER 28, 2016 HOUSING & URBAN DEVELOPMENT (HUD) TO RECEIVE FUNDS FR 2016 ENHANCED EDUCATION & OUTREACH PARTNERSHIP GRANT FOR FAIR HOUSING; AUTHORIZE AUDITOR TO ESTABLISH 2016 PARTNERSHIP GRANT FUND FOR RECEIPT & DISBURSEMENT OF THESE FUNDS & DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 441. FINANCE DIRECTOR CROUSE: REQ $4,000.00 APPROP TRF FR 1001 201015 ANNEXATION - OTHER TO 1001 203001 CIVIC CENTER - OTHER FOR PAYMENT OF OCT 2016 BILL TO SMG. - FINANCE COMMITTEE 442. MAYOR BERNABEI: ADVISING OF RE-APPT OF SAMUEL SLIMAN TO CANTON PARK COMMISSION FOR TERM COMMENCING 1/1/17 AND EXPIRING 12/31/19. - RECEIVED & FILED 443. SAFETY DIRECTOR PERRY: REQ $4,500.00 SUPP APPROP FR UNAPPROP BAL OF FUND #2776 POLICE DONATION FUND TO 2776 102001 POLICE DEPARTMENT - OTHER FOR PURCH OF DIGITAL CAMERAS FOR PATROL DIV OFFICERS. - FINANCE COMMITTEE 444. SAFETY DIRECTOR PERRY: RATIFY DEMO OF 613 ALEXANDER PL NE PURSUANT TO SEC 105.04 OF CANTON CODIFIED ORDINANCES; AUTHORIZE AUDITOR TO PAY MORAL OB TO COMMERCIAL & RESIDENTIAL SERVICES GENERAL CONTRACTING CO FOR AMT NOT TO EXCEED $21,800.00 FOR THIS EMERGENCY DEMO; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances for their First Reading and Resolutions for the First Reading. Mr. Clerk... NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 6010 801001 WORKERS COMP RETRO FUND TO 6010 801001 WORKERS COMP RETRO - OTHER (CONT’D OPER OF ACCT’G FOR INTERNAL WORKERS COMP RETRO CLEARING ACCT) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($20,000.00 APPROP TRF FR 1001 801010 AUDITOR LEGALLY BINDING EXP. FUND - OTHER TO 1001 801001 AUDITOR ADMINISTRATION - OTHER) (CONT’D OPER OF ACCT’G FOR AND FUNDING GENERAL FUND ACCT) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -586- MINUTES OF THE MEETING NOVEMBER 28, 2016 Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($25,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102020 POLICE DETECTIVE BUREAU FOR $20,000.00 & TO 1001 102080 POLICE TRAFFIC DIVISION FOR $5,000.00; $11,585.00 SUPP TRF FR 1001 506001 COMMUNITY DEVELOPMENT - OTHER TO 1001 506001 COMMUNITY DEVELOPMENT - PERSONNEL) Referred to Finance Committee #4. (1ST RDG) A RESOLUTION AMENDING RESOLUTION NO. 144/2015 (CLERK STATED RESOLUTION NUMBER 44/2015 IN ERROR). (INCLUDE FIRST COMMONWEALTH & WESTFIELD BANKS AMONG CITY’S DESIGNATED DEP THRU 5/2020) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON: 125.02, NONPAYMENT CHECKS; 181.05(G) RETURN AND PAYMENT OF TAX; REFUND; 182.03 DEFINITIONS; 182.051 COLLECTION AT SOURCE; WITHHOLDING FROM QUALIFYING WAGES; 182.053 COLLECTION AT SOURCE; CASINO AND VLT; 182.062 NET PROFIT; INCOME SUBJECT TO NET PROFIT TAX; ALTERNATIVE APPORTIONMENT; 182.09 ANNUAL RETURN; 182.14 CONFIDENTIALITY; 185.08 RETURNS REQUIRED; 1311.04 REQUIREMENTS FOR HOME IMPROVEMENT CONTRACTOR’S LICENSE; 1313.04 REQUIREMENTS FOR ELECTRICAL CONTRACTOR’S LICENSE; FEE; 1315.06 REQUIREMENTS FOR PLUMBING CONTRACTOR’S LICENSE; 1317.06 REQUIREMENTS FOR HVAC/R CONTRACTOR’S REGISTRATION; FEE; 1319.03 LICENSE AND BOND REQUIREMENTS; 1321.03 TELECOMMUNICATIONS CONTRACTOR’S LICENSE REQUIRED; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee (COUNCIL RECESSED AT 7:38 P.M. FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS O#6; RECONVENED AT 7:39 P.M.) #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 229/2016 AN ORDINANCE AMENDING EXHIBIT A OF ORDINANCE NO. 168/2016; AND DECLARING THE SAME TO BE AN EMERGENCY (MAHONING RD NE CORRIDOR PROJ, RIGHT-OF-WAY ACQUISITION AUTH) Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: And at this time the Chair would declare an in-house recess for Public Property Capital Improvement Committee to meet in regard to Ordinance 6 on your agenda. You are now in recess. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -587- MINUTES OF THE MEETING NOVEMBER 28, 2016 (RECESS) PRESIDENT SCHULMAN: Okay...Council will come back into session. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinance #6 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinance 6 back on this evening’s agenda. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Motion carries. The Ordinance is a legal part of your agenda. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #6. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rules for Ordinance 6. Any remarks? Again, hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Thank you. Motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #6. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #6. Any remarks? Again, hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #6 ADOPTED AS ORDINANCE NO. 229/2016 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -588- MINUTES OF THE MEETING NOVEMBER 28, 2016 PRESIDENT SCHULMAN: Thank you. Motion carries and Ordinance #6 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Second Reading Ordinances and Ordinances for their Second Reading. Mr. Clerk, would you please being with Ordinance #7. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #7 THROUGH #15 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (O#13, O#14, & O#15 ADOPTED ON 2ND READING) #7. (2ND RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,387.80 SUPP APPROP FR UNAPPROP BAL OF 1001 801001 GENERAL OPERATING FUND TO 1001 801001 GENERAL OPERATING - PERSONNEL) (AUDITOR’S OFFICE) #9. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,500.00 SUPP APPROP FR UNAPPROP BAL OF 1001 852001 GENERAL OPERATING FUND TO 1001 852001 GENERAL OPERATING - PERSONNEL) (TREASURY DEPT) #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 753001 GENERAL OPERATING FUND TO 1001 753001 GENERAL OPERATING - PERSONNEL) (LAW DEPT) #11. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF ALL OF LOTS 13648 AND 13649; AND DECLARING THE SAME TO BE AN EMERGENCY (300 BLOCK OF WEBSTER, WARD 4, HABITAT FOR HUMANITY) #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTORS OF PUBLIC SERVICE AND SAFETY TO: ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACTS FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES, AND SERVICES PURSUANT TO CODIFIED ORDINANCE SECTION 105.09; ENTER INTO PROFESSIONAL SERVICES CONTRACTS PURSUANT TO CODIFIED ORDINANCE SECTION 105.10; ENTER INTO CONTRACTS VIA ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; ENTER INTO CONTRACTS PURSUANT TO O.R.C. SECTIONS 735.05 WITH QUALIFIED NONPROFIT AGENCIES; ENTER INTO CONTRACT AMENDMENTS AND CONTRACT MODIFICATIONS; AUTHORIZE COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -589- MINUTES OF THE MEETING NOVEMBER 28, 2016 ANY CONTRACTS, CONTRACT AMENDMENTS, AND CONTRACT MODIFICATIONS ENTERED INTO PURSUANT TO THIS ORDINANCE TO BE MULTIPLE YEAR AGREEMENTS AND/OR CONTAIN RENEWAL PROVISIONS WHERE REQUIRED OR BENEFICIAL TO THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) ADOPTED AS ORDINANCE NO. 230/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($163,751.09 APPROP TRF FR 2530 401060 PARKS AND REC - PERSONNEL - $15,000.00, FR 1001 301001 HEALTH - NURSES - PERSONNEL - $13,416.00, FR 1001 301001 HEALTH - NURSES - OTHER - $14,335.09, FR 1001 201001 SERVICE DIRECTOR - PERSONNEL - $20,000.00, FR 1001 201201 PURCHASING - PERSONNEL - $3,000.00, FR 1001 202210 MAINT - PERSONNEL - $63,000.00, FR 1001 701001 JUDGES - PERSONNEL - $35,000.00 TO 2530 401060 PARKS AND REC - OTHER - $15,000.00, TO 1001 307001 ENVIRONMENTAL - PERSONNEL - $27,751.09, TO 1001 101001 SAFETY DIRECTOR - PERSONNEL - $11,059.54, TO 1001 102090 POLICE - PERSONNEL - $30,000.00, TO 1001 204010 OTHER BUILDINGS - PERSONNEL - $20,000.00, TO 1001 501001 MAYOR’S - PERSONNEL - $10,000.00, TO 1001 501101 HUMAN RESOURCES - PERSONNEL - $2,090.00, TO 1001 506001 COMMUNITY DEV - PERSONNEL - $10,000.00, TO 1001 801001 AUDITOR - PERSONNEL - $10,000.00, TO 1001 852001 TREASURER - PERSONNEL - $6,700.00, TO 1001 102001 POLICE ADMIN - PERSONNEL - $21,150.46) (PAYROLL & OTHER OBS FOR 2016) #14. (2ND RDG) ADOPTED AS ORDINANCE NO. 231/2016 AN ORDINANCE REAUTHORIZING ORDINANCE NO. 170/2015; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AUTHORIZING THE AUDITOR TO PAY ONE OR MORE MORAL OBLIGATIONS TO STARK COUNTY IN A TOTAL AMOUNT NOT TO EXCEED $305,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY (NEW DAWN SUBDIVISION) SANITARY SEWER PROJECT, GP 1236 - OTHER) #15. (2ND RDG) ADOPTED AS ORDINANCE NO. 232/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AMENDMENT WITH FROST BROWN TODD LLC FOR LEGAL SERVICES RELATED TO THE CITY OF CANTON WATER RECLAMATION FACILITY AND COLLECTION SYSTEMS DEPARTMENT; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 WRF OPERATION AND MAINTENANCE - OTHER - $50,000.00, TO 5410 206006 COLLECTION SYSTEMS DEPARTMENT - OTHER - $50,000.00) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules for Ordinances 13, 14, and 15. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -590- MINUTES OF THE MEETING NOVEMBER 28, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinances 13, 14, and 15. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: Thank you. Leader, you’ve heard the three readings. 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? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #13 ADOPTED AS ORDINANCE NO. 230/2016 PRESIDENT SCHULMAN: Motion carries. Ordinance #13 is adopted. Ordinance 14. 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? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #14 ADOPTED AS ORDINANCE NO. 231/2016 PRESIDENT SCHULMAN: Thank you. Ordinance #14 is adopted. Ordinance 15. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -591- MINUTES OF THE MEETING NOVEMBER 28, 2016 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Again, hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #15 ADOPTED AS ORDINANCE NO. 232/2016 PRESIDENT SCHULMAN: Thank you. Ordinance #15 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Third Reading Ordinances and Formal Resolutions for their Third Final Reading and Vote. Mr. Clerk, would you please begin with Ordinance 16. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ THE FOLLOWING ORDINANCES #16 THROUGH #20 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #16. (3RD RDG) POSTPONED UNTIL 12/5/2016 AN ORDINANCE DECLARING CERTAIN PARCELS OF REAL PROPERTY LOCATED IN THE CITY OF CANTON, STARK COUNTY, OHIO TO BE BLIGHTED; DECLARING THE IMPROVEMENT OF THOSE PARCELS OF REAL PROPERTY TO BE A PUBLIC PURPOSE; DECLARING SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; DESIGNATING SPECIFIC PUBLIC INFRASTRUCTURE IMPROVEMENTS THAT, ONCE MADE, WILL DIRECTLY BENEFIT THE PARCELS FOR WHICH IMPROVEMENT IS DECLARED TO BE A PUBLIC PURPOSE; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND; AUTHORIZING THE EXECUTION OF A COMPENSATION AGREEMENT; AND PROVIDING RELATED AUTHORIZATIONS PURSUANT TO OHIO REVISED CODE SECTIONS 5709.40(B), 5709.42, 5709.43, 5709.832 AND 5709.85; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #16. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we postpone Ordinance #16 until 12/5/2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance to 12/5...is that COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -592- MINUTES OF THE MEETING NOVEMBER 28, 2016 correct? MEMBER MORRIS: 12/5/2016. PRESIDENT SCHULMAN: 2006...er...2016. Any remarks? By voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS ORDINANCE #16 POSTPONED UNTIL 12/5/16 UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries, and the Ordinance is continued. Ordinance 17, please. #17. (3RD RDG) POSTPONED UNTIL 12/5/2016 AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we postpone Ordinance #17 until 12/5/2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone Ordinance #17 until 12/5/16. Any remarks? By voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS ORDINANCE #17 POSTPONED UNTIL 12/5/16 UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries, and that is continued until 12/5/16. We now turn to a vote authorizing 18...or...sorry, Leader, 18. MEMBER MORRIS: Did he actually read it? PRESIDENT SCHULMAN: Oh... #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 233/2016 AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE HOF VILLAGE #1 ANNEXATION AREA CONTAINING APPROXIMATELY 2.797 ACRES, MORE OR COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -593- MINUTES OF THE MEETING NOVEMBER 28, 2016 LESS; ASSIGNING SAID TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS HALL OF FAME VILLAGE DISTRICT (HOFV); AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Sorry Leader, it’s very easy to confuse me, so...Leader. 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... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #18 ADOPTED AS ORDINANCE NO. 233/2016 PRESIDENT SCHULMAN: Motion carries. Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 234/2016 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 (DOLLAR GENERAL, W. TUSC) PRESIDENT SCHULMAN: Leader. 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? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #19 ADOPTED AS ORDINANCE NO. 234/2016 PRESIDENT SCHULMAN: Motion carries. Ordinance 19 is adopted. Ordinance 20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 235/2016 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL 284927, 5TH ST SW) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -594- MINUTES OF THE MEETING NOVEMBER 28, 2016 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #20. Any remarks? Hearing none... NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #20 ADOPTED AS ORDINANCE NO. 235/2016 PRESIDENT SCHULMAN: Ordinance 20 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 meet Monday, December 5th at 6:45. PRESIDENT SCHULMAN: Thank you, Chairman Mariol. MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MACK: Judiciary will meet at the same time, same place. PRESIDENT SCHULMAN: Thank you, Chairman Mack. Anyone else? CLERK SHOWES: (Inaudible). It would be Dave. (Inaudible). Excuse...sorry about that, it was passed. PRESIDENT SCHULMAN: Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We now turn to Miscellaneous Business. Is there any Miscellaneous Business? Yes, Director. SERVICE DIRECTOR BARTOS: Mr. President, just to follow up on last week’s announcement about the ice rink, I have an advanced press release that’ll be going out from the Mayor...but just a little bit more detailed. It’s actually been seven years since the rink was last opened...in operation. A little bit more details about the  COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -595- MINUTES OF THE MEETING NOVEMBER 28, 2016 rink itself...it will be open at the Light Up Downtown event on Thursday, December 1st, pending any issues with the weather coming up here. It’s supposed to be like 60 degrees tomorrow, but the folks that are operating it are confident that we will be able to make it work, so there will be a youth hockey demonstration on 7:30 p.m. that evening and also at First Friday on December 2nd , there’ll be a figure skating demonstration at 6:15 p.m. that evening. The general public will also be welcomed to skate on both of those evenings. On-site food and skate rentals will be available at Arcade Coneys and the regular hours for the rink will be Monday through Thursday, from 10:00 a.m. to 7:00 p.m. Friday and Saturday will be 10:00 a.m. to 8:00 p.m. and Sunday will be noon to 6:00 p.m. Admission to the rink is free, figure and hockey skate rentals will be $3.00 per person. You can...as I said, you can rent the skates at Arcade Coneys. So, once again, very exciting stuff for downtown. If you’ve seen...I know on Facebook I got to see one of the pictures from the Onesto Lofts...an overhead picture. It’s neat how they do it, you actually have to paint...you put a thin layer of ice down and you actually paint the ice. I didn’t know that, but when you watch hockey games, you have to put a paint coat down on the ice and that’s what gives it...kind of the, the white look, like, the white look to the ice and then you put the different logos on, so you’ll see the City of Canton logo, the Onesto logo, the CID logo, and there’s one more logo there...and the Center Ice logo, since they’ve been so, so (Inaudible) in helping us not only chill the ice, and also set everything up, so...just...just four of the partners who have been integral to this...this process. So, very exciting stuff. I hope everybody’s out there to take advantage. As I told President Schulman last week, I’ll be the first one out there. I’ll be playing youth hockey, so...(Laughter). It’ll be very enjoyable for me, I guess. MEMBER DOUGHERTY: Me too! PRESIDENT SCHULMAN: We’re looking...we’re looking forward to it, Director! Any other...er...any other remarks? I just want to say one thing about those unfunded mandates that we were talking about...Member Smuckler was talking about. You know, the only purpose of not funding is to inflame the public against the legislatures...legislators who are trying to clean up our country. And so, (Inaudible), everybody gets angry and eventually they get so angry that they defund important resources like the EPA and other agencies that protect us and protect our children and our grandchildren. And it’s infuriating and it’s a scam and we should all know that and say it’s exactly what it is. They’re not taking advantage of us, they’re trying to help us and the people that don’t want us to help them, are the ones that are against it. So, with that, anything else? Leader. MEMBER MORRIS: Move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT SCHULMAN: (Gavel falls). We’re now in adjournment. Thank you ladies and gentlemen. Safe ride home. Have a wonderful week. See you next week. ADJOURNMENT TIME: 7:56 P.M. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -596- MINUTES OF THE MEETING NOVEMBER 28, 2016 ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT