City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -167- MINUTES OF THE MEETING APRIL 3, 2017 PRESIDENT SCHULMAN: We’re starting just a little bit earlier ‘cause I want to...um...um...bring to the audience’s attention, the people that come here on a consistent basis...think about this, see if you would agree. We’re...we’re all discussing starting the meetings at 7:00 instead of 7:30. Uh...we don’t want to cut anyone out obviously, and we certainly will not, if there is overwhelming, uh, belief that we need to start it at 7:30 as opposed to 7:00. I think most Members of...of...Frank’s giving me a strange look, but I think most of us would like to probably start a little earlier for next...um...obviously we don’t want to deprive anybody the opportunity to come down here to speak, to listen to what we do because the public’s work is very important to us, obviously. So, give that some thought. If anybody has any strong feelings among you, one way or the other, please let me know, okay: And uh...again, welcome everyone, and 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 DOUGHERTY: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Twelve present, Mr. President. PRESIDENT SCHULMAN: Thank you. We’ll have our invocation tonight given by my good friend and Council Member-At-Large, Jim Babcock. If you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on April 3, 2017 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The invocation was given by At-Large Council Member, James Babcock. The Pledge of Allegiance was led by President Schulman. PRESIDENT SCHULMAN: Thank you, Member Babcock. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings, Ordinances #5 through #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add second reading Ordinances 5 through 12 to this evening’s agenda. Are there any remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -168- MINUTES OF THE MEETING APRIL 3, 2017 PRESIDENT SCHULMAN: Motion carries. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We’re now under Public Hearings. We actually do have a Public Hearing tonight and it’s farely lengthy so, bare with me. It’s AN ORDINANCE ESTABLISHING AND DESIGNATING BOUNDARIES OF PROPOSED DOWNTOWN REDEVELOPMENT DISTRICT or (DRD); APPROVING ECONOMIC DEVELOPMENT PLANS FOR PROPOSED DRD; DECLARING IMPROVEMENT TO ONE OR MORE PARCELS OF REAL ESTATE... er...REAL PROPERTY LOCATED IN THE DISTRICT TO BE A PUBLIC PURPOSE; FINDING AND DETERMINING THAT THE IMPROVEMENTS TO THE PARCELS WITHIN DRD BE EXEMPTED UP TO 70% FOR 10 YEARS WITHOUT SCHOOL DISTRICT APPROVAL, OR UP TO 70% FOR 30 YEARS WITH EITHER SCHOOL DISTRICT APPROVAL OR SERVICE PAYMENTS TO SCHOOL DISTRICTS EQUAL TO TAXES EXEMPTED; ESTABLISHING AND DESIGNATING BOUNDARIES OF THE PROPOSAL...THE PROPOSED INNOVATION DISTRICT; APPROVING ECONOMIC DEVELOPMENT PLAN FOR PROPOSED INNOVATION DISTRICT. Is there anyone in the audience wishing to speak for or against this Redevelopment Plan, will you please step forward. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes. DEPUTY MAYOR WILLIAMS: May I summarize the...uh...legislation you just discussed? PRESIDENT SCHULMAN: Absolutely. DEPUTY MAYOR WILLIAMS: Okay, As I (Inaudible) to Council Members in Caucus, this is new legis...can you hear me okay? Sorry. This is new legislation that was sponsored by Representative Kirk Schuring, it was sponsored approximately last August. The... (Inaudible)...sorry...I’m soft spoken, I apologize. So again, this is legislation sponsored by Representative Kirk Schuring, back in August of 2016. Uh, he asked the city of Canton to consider passing an ordinance to adopt this legislation. One of the requirements of this legislation is notification to all downtown property owners 30 days prior to Canton City Council adopting this legislation. So, what we’re proposing is, what we call a “Downtown Renovation District/Innovation District.” Amended House Bill 233 establishes a procedure by which Municipal Corporations may designate a Downtown Redevelopment/Innovation District for the purposes of rehabilitating historic buildings, creation of jobs, and encouraging economic development in commercial and mixed use commercial and residential areas. The creation of the Downtown Redevelopment/Innovation District allows a Municipality, like the city of Canton, to establish an area within this downtown, that operates much like tax increment financing. Whereas an increase in assessed value of real property is exempted from taxation. Rather than paying property taxes, amounts otherwise due from this increase in assessed value, are placed into a special fund. Amounts exempted are paid a service payment, in lieu of taxes. The city of Canton intends to use these service payments to promote economic development in job creation within the District. These service payments will be put into a special fund and be redistributed as grants and/or low interest loans to attract technology based companies to our downtown. If City Council passes this legislation, or this ordinance is adopted, it shall do the following: It shall establish and designate the boundaries of the District, not to exceed ten continuous acres; It will improve the economic development plan laid out for these Districts; It will COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -169- MINUTES OF THE MEETING APRIL 3, 2017 spell out how we will market and promote our downtown to attract technology based companies to our downtown; It will allow for Council to determine that improvements to parcels within the DRD, Downtown Redevelopment/Innovation District be exempted up to seventy percent for ten years without school district approval, or up to seventy percent for thirty years with school district approval. It will also allow us to establish the boundaries of the Innovation District, which we’re proposing they be identical to the Downtown Redevelopment District; and lastly, again, we want to allow the funds that are generated from the proposed Districts, which are the Downtown Redevelopment District and the Innovation District, we’re asking for those funds to be used to facilitate growth of technology oriented businesses and to support our economic development marketing strategies and to create business incubators to attract technology based companies to our downtown. Mr. President, again I tried to just summarize the proposed legislation. PRESIDENT SCHULMAN: Thank you very much. Is there anyone else wishing to speak for or against this proposal, which I think is a amazing opportunity for our city, and it is the world of tomorrow. (Inaudible) economy is not based on (Inaudible). This is new world. DEPUTY MAYOR WILLIAMS: Mr. President, if I...the Mayor reminded me, in the packets that I passed out to all Members of Council, the proposed map of the District is on the last page of your packet, and again, this is what we’re proposing. This won’t be before City Council for another couple of weeks, uh, we will have another Public Hearing prior to City Council adopting this, and by all means, if you have any questions, suggestions, additions, deletions, please do not hesitate to contact myself or Law Director Martuccio. Thank you. PRESIDENT SCHULMAN: Good job. It’s a very bold undertaking, it’s worth all of our sincere attention in providing this to our citizens. Anyone else wishing to speak for or against this? Hearing none...yes, I’m sorry...yes, Mr. DiGiacomo, step forward please. Would you give us your name and, as you usually do, your name and residential address. I’m sorry, I didn’t see you there. PETE DIGIACOMO: I was slumped down. Uh...my name’s Pete DiGiacomo. I live at 600 Dent Pl. SW, Canton, Ohio. I think it’s a great idea, uh, hopefully everything will come to fruit, work out very good. Um, the one questions I had...is there a way that you can enlarge the district...Downtown District? Like...it...to the North it’s 6th Street, if it could go up to 12th Street you’d have the Civic Center, the Art Museum. If you take it a little bit further South, you’re going to include the uh...hotel that’s down there...if... PRESIDENT SCHULMAN: Deputy Mayor? DEPUTY MAYOR WILLIAMS: Yes. Mr...Mr. President, Mr. (Inaudible)...Mr. DiGiacomo, excuse me, uh, the current legislation, as written...uh...only allows us to create a ten acre district, but we are...it is permissible to create additional Districts, so we can have multiple ten acre districts, but as the legislation is currently written, it’s for ten acre districts, but we can have multiple districts. PETE DIGIACOMO: So this one here is already locked. DEPUTY MAYOR WILLIAMS: This one here is not already locked, it’s just a proposal, but we do have the ability to change what’s before Members of Council and/or create an additional district to encompass additional areas that Members of Council may see fit to be part of the DRD or Innovation District. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -170- MINUTES OF THE MEETING APRIL 3, 2017 PETE DIGIACOMO: Okay, I just know, since I’m a life resident, there are places where there were buildings, companies, that are not included now, but going back in time, they would’ve...they’re out of the district. But if you could go extend it, possibly...like over on Cleveland Avenue, extend it more there. That was the equivalent to some...what they call up in Cleveland...the uh...magic mile of automobiles, up there. And, uh, at one time, Canton...everything was on Cleveland...well, almost everything, was on Cleveland Avenue and you’d still have a few empty lots there that possibly a dealership could come in. Just an idea. PRESIDENT SCHULMAN: I think it’s a great idea. Thank you, very much. DEPUTY MAYOR WILLIAMS: Thank you. PETE DIGIACOMO: Okay. PRESIDENT SCHULMAN: Member West, my good friend, do you have anything you wish to add, Representative West? REP. THOMAS WEST: Not at this level, and (Inaudible). PRESIDENT SCHULMAN: Great, thank you, very much. Welcome to our meeting. It’s good to see you. Now, anyone else have any remarks? Yes. Step forward, please, and give us your name and your address, please. STEPHANIE SWEANY: Stephanie Sweany. I’m at 817 5th St. NW, here in Canton. I...I just wanna..just voice my support for this legislation. I’m a young person, my apartment is within the District. So that is also...(Laughs)...that is also a benefit to me, but there’s an ever growing young professionals workforce in this county, and we’re going to get the majority here the next ten years, so I say having a District where technology and innovation is central, will attract young people to come to downtown and work, and if you want to have ‘em anywhere in the county, let’s have ‘em here. PRESIDENT SCHULMAN: Great. Thank you very much. Anyone else? Step forward, give us your name. How are you sir? RICHARD MANSON: Hi. Richard Manson. 601 High Avenue. PRESIDENT SCHULMAN: You’re gonna have to speak a little louder, please. RICHARD MANSON: Richard Manson. 601 High Avenue SW. I just had a question, uh, probably for Fonda, which would be...what is exactly defined as a technology company in this ordinance, or is there an exact definition? PRESIDENT SCHULMAN: Great questions. Thank you. DEPUTY MAYOR WILLIAMS: I’m sorry, I didn’t hear the question. I apologize. PRESIDENT SCHULMAN: He asked if there’s a definition of a District... COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -171- MINUTES OF THE MEETING APRIL 3, 2017 RICHARD MANSON: A technology company... PRESIDENT SCHULMAN: A technology district. RICHARD MANSON: Well...he mentioned technology... PRESIDENT SCHULMAN: That’s right... RICHARD MANSON: ...For technology companies to come into the area, what’s defined as a technology company? DEPUTY MAYOR WILLIAMS: Mr. President. Actually, as written, the...the definition is...or I should say the language speaks to technology oriented businesses, so it’s my opinion, that’s pretty broad. RICHARD MANSON: Yeah, so, information technology or com...anything related to computers, I would imagine. PRESIDENT SCHULMAN: Yes, I think you’re correct. RICHARD MANSON: Okay. PRESIDENT SCHULMAN: Anything else? RICHARD MANSON: Oh, oh, I was just gonna mention that a lot of these companies usually look for an internet backbone, uh, to be able to...if they’re connected company, that needs such services. I don’t believe Canton is anywhere near an internet backbone, which if you research that, you’d probably find out...what...what I mean by that. PRESIDENT SCHULMAN: Well, I think we’re trying. Thank you very much, sir. DEPUTY MAYOR WILLIAMS: Mr. President. To Mr....to Mr. Mason’s comments...one of the things I failed to mention which is pretty important, is that the District calls for a hundred gigabyte connection, so that’s one thing that will assist in hopefully attracting technology oriented businesses to our downtown. PRESIDENT SCHULMAN: Sir, you want to step forward and give us your name and address, please. JOHN ALGEE: Good evening, Council. My name is John Algee. I live at 1600 27th St. NW, here in Canton and I strongly support this proposal. Anything that can help our city, you know, improve the quality of life for our residents, uh...I’m definitely for, and there’s a few of my friends here have...in the audience this evening, who happen to be small business owners and I’m honored to call them my friends. I’m pretty sure...I can’t really speak for them, but I’m pretty sure they would probably...anything that we can get is a positive for us, so...so I hope you all consider, consider the legislation when it comes and I hope you, uh, I hope it passes, so. That’s all I have. Thank you guys and thanks for all you do. PRESIDENT SCHULMAN: Thank you very much. Anyone else have anything either for or against this COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -172- MINUTES OF THE MEETING APRIL 3, 2017 proposal? Law Director. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. Members of Council. I’m not going to speak for or against it, but I want to clarify the issue of public hearings. This is unique legislation, the first of its kind. I believe Deputy Mayor Williams mentioned earlier that this is probably the first Council in Ohio entertaining something like this because it’s a very recent piece of legislation crafted by Representative Schuring and others. We have also dealt with some other new kinds of ordinances recently, some of which...one of which I think requires two public hearings. This required that the public hearing be held at least thirty days before final passage, which is why it’s being held tonight so that at least thirty days transpire before Council finally passes this on a final reading. There’s nothing preventing us from having another public hearing on the night of passage because, as was mentioned earlier, there are some proposals like the boundaries, and so this is the official opportunity required by law, this evening, but certainly folks can be heard again on passage. Thank you. PRESIDENT SCHULMAN: Majority Leader, do you have anything you wish to say? MEMBER MORRIS: Yeah. Deputy Mayor, you said that according to this legislation, we’re only allowed ten...roughly ten acres? DEPUTY MAYOR WILLIAMS: Mr. President. Leader Morris. My understanding of the legislation is we can have up to ten continuous acres for your district but you do have the ability to create multiple districts. MEMBER MORRIS: Could you please provide myself and other Council Members with a list of whose and what businesses are lying in this area, as well as any vacant properties that could be developed? Uh...because if we can only go into a continuous ten acre area, this entire development is surrounding Market Square, which is one city block...one square city block right in the middle of a development which doesn’t seam like it would be logical if we’re trying to pull people in to the city. Why would we give up that amount of acreage? Why wouldn’t we carve this out a difference direction. I’m going to go with uh...with uh, I think it was Mr. DiGiacomo said, we’re potentially looking at having a vacant building right at 12th and Cleveland, which is...uh...Nationwide. So, why wouldn’t we be looking at a more suitable area for development of job creation instead...I...I...I’m baffled as to why this location, and I’d really like to know whose sitting in this location, what businesses are there, and who actually is going to benefit inside this district. If you could provide that with me. DEPUTY MAYOR WILLIAMS: Mr. President. Leader Morris. Um...I will certainly get Members of Council all the necessary information. Um, it was also attached to my original Communications, sent down in January. I’ll be happy to sit down with Council Members and go over it, but one of the requirements is that the district has to contain one historic building. So, that’s the nature of the initial proposed area, but again, as I said earlier, we’re certainly open to looking how we could, for lack of a better term, gerrymander the area that is most suitable. PRESIDENT SCHULMAN: Anyone else have anything to say for or against, uh, this proposal? Okay, the Chair declares this public hearing over in regard to this matter. The matter will now rest in the hands of wisdom of uh...the hands of Council. OLD BUSINESS PRESIDENT SCHULMAN: We now turn to Old Business. Is there any Old Business? Deputy Mayor, any COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -173- MINUTES OF THE MEETING APRIL 3, 2017 Old Business? DEPUTY MAYOR WILLIAMS: Oh, I’m sorry, Mr. President. PRESIDENT SCHULMAN: Not a problem. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now under Public Speaks. We have six speakers signed up this evening. One whose name get...gives me great difficulty, so I’m gonna try to work through it for her. The first one though is Bruce Shorsten. Mr. Schorsten, as always welcome. You’re a good friend. It’s good to see you. If you’ll step forward though and give us your name and your residential address please, for our record. BRUCE SCHORSTEN: Thank you very much, Council President Schulman. Uh, it’s...my name is Bruce Schorsten. I live at 1045 Stone Crossing St. NW...er...NE, Canton Ohio. I’m here to discuss the Market Square Development and uh, the first thing I’d like to ask, first, is am I too late? Is it a done deal? Am...my words too late in order to possibly change the direction of this development? Anybody like to answer that? PRESIDENT SCHULMAN: No, you’re not too late, no. BRUCE SCHORSTEN: Okay. Well thank you. Um, as most of you know, I’ve...I’ve been on Facebook and I’ve discussed this with many people. The development of Market Square and the...um...I was in the, I’m in the Canton Rotary, I’m a board member of the Canton Rotary. And, as many of you know, it was the Canton Rotary that put up $100,000.00 to do a study as to what could possibly be done on that city square block. And, uh...some other Foundations also kicked in. I believe $200,000.00 was raised just to do architectural renderings and fees. Um...what came back, and we all saw it in the newspaper, and some of us saw it in other means, was this uh...giant sculptor, taller than the Renkert Building, I understand. And, um...I wondered, why are they taking the only available green space in downtown, where we many, many times gather for winefests, foodfests, jazzfests, all kinds of public gatherings, including our First Fridays in the summer? And, why are we taking this open space and, um, I guess, trying to soup it up. And, in the process of souping it up, the project went from a $2,000,000.00 price tag to a $9,000,000.00 price tag, and that’s...that’s probably a fee that could go up. And I thought to myself, in addition to eliminating some open space and green space, they’re going to eliminate a lot of parking space. I understand the double road parking in front of the Arcadia will now be part of the development and won’t be there any longer. And I would think that the business that border that area, that use that parking space now, would wonder why did we pay all this money and I no longer have the parking spaces that my customers relied on, including the Canton Brewery Company. I...uh...passed PRESIDENT SCHULMAN: You have about twenty second. BRUCE SCHORSTEN: I passed out a picture, uh, that I took the other day in Monterey, California, of a statue and I want you to imagine this statue with the five people from Stark County who are enshrined in the Hall of Fame, standing on this rock. And around the base of the rock there would be brass plaques signifying all of the individuals from Stark County who participated, officiated, who were contributors to the NFL. PRESIDENT SCHULMAN: I think that’s a great...I, I, I don’t mean to cut you off, but we do have a certain time. This is an ongoing discussion among everyone in our community, so, I...we really, truly appreciate your input. It’s not, it’s not closed, it’s not over. We’ll be listening to people throughout the time that we’re COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -174- MINUTES OF THE MEETING APRIL 3, 2017 making these decisions, but I do appreciate... BRUCE SCHORSTEN: It’s just an idea, rather than the big fountain or whatever you call it. PRESIDENT SCHULMAN: I understand exactly what you’re saying and there’s a lot of people that feel the same way that you do. BRUCE SCHORSTEN: Thank you... PRESIDENT SCHULMAN: Thank you, Mr. Schorsten. Appreciate it. (Applause). Our next speaker...she...I know Aimee’s been here before. There you are. And I apologize, but you’re just gonna have to pronounce your name for me. AIMEE SCHLERNITZAUER: Oh, Schlernitzauer. And I’m sorry, how long do I get again? PRESIDENT SCHULMAN: Get...? AIMEE SCHLERNITZAUER: How long...time? PRESIDENT SCHULMAN: It’s three minutes. Would you give us...would you give us your name and your residential address, please. AIMEE SCHLERNITZAUER: Sure. Aimee Schlernitzauer. 4460 15th St. NW, Canton. PRESIDENT SCHULMAN: Thank you. Welcome again. AIMEE SCHLERNITZAUER: Uh, the reason I came tonight is about a week ago, I ran a report on the Stark County Auditor’s site, of which I hold in my hand, it’s a week old. The report that... PRESIDENT SCHULMAN: Would you repeat what you just said, I’m sorry, I didn’t hear that. AIMEE SCHLERNITZAUER: Oh...I ran a report on the Stark County Auditor’s site on Shorb and what I found prompted me to come today. As we know, this is a vital part of Canton and it’s always in the headlines. Forty-two properties, of what I have in my hand here, are owned by investment properties, not owned by individuals. To me, I see this as real estate companies using Shorb as a profit center. When I compared Shorb to other streets in other reports on the Auditor’s site, there was not near as many properties owned by investment companies as there were individuals. I feel like there’s been plenty of other funds allocated to this city in rec...in the past that could have been used to improve this area, rather than letting other individuals come in and we don’t know who’s living there. The Fair Housing Act states that race, color, origin, religion, sex, disability, and family status are the only concepts they don’t...they have to go by. It doesn’t necessarily mean they have to let a criminal, felon, or previous sex offender live there. Page uh...twenty-seven of the Canton Comprehensive Plan states that Shorb revitalization is essential to downtown development and its neighborhood and its communities, and I would really hope that the city either holds these investment properties accountable or start um, hold the investment properties accountable or start investing in Shorb. Some of the properties have also had litigation against them. Some of them I’ll just mention, Leading Edge Property, Foxy Few, Sippo Sac (sp) Properties, Helping Hands Housing, Renew Residential, Tri Valley COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -175- MINUTES OF THE MEETING APRIL 3, 2017 Estates, Adjacent Properties, and the list goes on. So, I think it’s...the point of what I’m trying to say is that, why is the investment in the real estate properties so strong on Shorb as opposed to other cities in the area? And as page twenty-seven of the Comprehensive Plan states, we must take action. We needed to take action yesterday, if everything that we want to occur in downtown to happen, to really happen. Thank you. PRESIDENT SCHULMAN: Thank you very much. Appreciate that. (Applause). Our next speaker is Richard Manson. Mr. Manson, good evening. Welcome. Would you do me a favor sir, speak up because I’m having some trouble hearing. RICHARD MANSON: Okay, I’ll try getting closer to the mic. PRESIDENT SCHULMAN: (Inaudible) speak up. RICHARD MANSON: Hi, my name is Richard Manson, from 601 High Avenue SW, and I wanted to talk briefly about what is a growing problem for myself, possibly for other residents. I’m not sure, but it’s...it’s a problem with uh, noise, and uh, primarily uh, high-powered stereo systems. Something that wasn’t a problem back before the eighty’s, but now-a-days, of course, we have cars with uh, a thousand watt stereo system. Sometimes two or three thousand watts stereo systems. Uh, one in particular...I...there is a neighbor at 610 Marion that tends to play their car stereo all day long from...usually...it seems like they sleep in, in the morning, so it’s usually 1:00 in the afternoon ‘til midnight. Sometimes 1 - 2 in the morning, and it’s constant. It rarely goes away. Maybe they drive away to get beer or something for ten minutes, but it’s...it’s a...I don’t know what noise ordinance we have in the city, most of these have some kind of noise ordinance where you can’t make excessive noise past 8 - 9 p.m., uh, you can’t have construction hammers going, uh...I’m probably going to be asking somebody with a..a...some...a...probably Mr. Martuccio, about noise ordinances later, but is there any a...is there something that may warrant a re-looking at our city noise ordinances to update them, to facilitate these 2 - 3 thousand watt stereo systems that people just sit in front of houses and play, and neighborhoods, for hours and hours because it’s literally driving me crazy because I can feel the vibrations in my house. I can’t think and concentrate, and when it’s after midnight, you know, it makes it hard to sleep, so it’s... PRESIDENT SCHULMAN: We’ll let the Law Director, Martuccio, actually...just briefly ex...answer your question. RICHARD MANSON: Yeah, and I want to also mention, before he does, I did call the Canton PD several times. They referred me downstairs where they said I could put in a...uh...I forget what they call it, but a requested continually check, and the guy that answered the phone asked if he could call me back and he never did. So that never happened. PRESIDENT SCHULMAN: Okay, and..Law Director. LAW DIRECTOR MARTUCCIO: Mr. President. Members of Council. Mr. Manson, I can actually give you the citation a little later, but there is a Codified Ordinance in the city of Canton that prohibits excessive noise from noise appli...amplification devices, including car stereos and the like. Uh, there are restrictions on how late that can go and how early it can start. Uh, and it is enforceable. It’s...it’s...it’s a...it’s a misdemeanor offense. Provided of course, that the police are there to hear it and then can issue citations, but I’ll be happy to give you the actual citation in a letter. And we do have one (Inaudible). If the Councilman wanted to, there COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -176- MINUTES OF THE MEETING APRIL 3, 2017 is...some cities have specific decibel levels, but that requires equipment that law enforcement officers can carry to measure decibel levels at certain distances. Um, our prohibit...prohibits uh, disturbing the peace and (Inaudible) of the neighborhood with excessive noise from noise amplification devices at certain times. Thanks. RICHARD MANSON: Okay, so you don’t know the specific times...frames of the... PRESIDENT SCHULMAN: He’ll provide that for you. Thank you very much, sir. Appreciate it. Our next speaker is Stephanie Sweany (Applause). Ms. Sweany, as always, welcome. If you’ll give us your name and your residential address. STEPHANIE SWEANEY: Stephanie Sweany. I am at 817 5th St. NW, Canton, Ohio 44703. I’m here today in the capacity as a Vice President of the Ohio Jaycees. If you’re not familiar with the Jaycees, we are an...group of active young citizens whose mission is to empower our young three...people through community service and professional development. One of my capacities as an Ohio Jaycee, is I’m the manager of a program that’s called SAFE. This was established in 2015, to deter young people from participating and distracted driving practices. The acronym for SAFE is Stay Alert For Everyone. So, a couple of things that we’re doing with this program is, we want to educate the community on the risk and dangers of distracted driving. We want to reduce the rate of injuries and death in distracted driving, and we want to influence state and local legislation to ensure the safety of Ohio citizens. Uh, Tom West will be hearing from us because you’re actually on the Committee that we took a look at the legislation, so if you get an increase in calls this months, that’s probably us. So, we wanted to start this program because, again, we are a young professionals organization and we are the folks who are causing these accidents, for the most part. Here’s a couple statistics. Uh, this was done by AAA very recently. Ninety percent of drivers between the ages of nineteen to twenty-four, admit to participating in distracted driving practices. Eighty percent of people between the ages of twenty-five to thirty-nine admit to participating in distracted driving practices. So, I took some stats from the Ohio Highway Patrol as well, to sort of drive the point home. So, in 2015, 13,261 car crashes in Ohio, were a direct result of distracted driving and these resulted in 6916 injuries and 43 deaths. That seems to be a lot. I didn’t find the breakdown of what that was attributed to young people, but still, this is a problem that has not been addressed in any capacity, it feels like, and any level of government. Uh, so, I’m here today because April is Distracted Driving Awareness Month and the SAFE Team is celebrating this in a couple different ways. We’re having watch parties, we’re having social media days of action, we’re having an advocacy day of action on House Bill 95. That’s the day we’ll be calling Representative West, many times, hopefully. So, what I’m here today for, in particular is, I would like to see a proclamation from the city of Canton, declaring April to be Distracted Driving Awareness Month. We at the Ohio Jaycees, I feel that this proclamation would just be a simple gesture that shows the city is dedicated to keeping its citizens safe and to curbing distracted driving practices in the city. We’re the largest city in the county and I guarantee this is a problem that’s happening on a regular basis. I don’t know the statistics for the city, but given the amount of young people we have, especially in the downtown area, I can see how this could be an issue. But we’re out here today, we’re at several different communities in Stark County. I chose to come here, obviously, ‘cause it’s where I live. So, we’re just asking for the city for a proclamation declaring April to be Distracted Driving Awareness Month. Thank you. PRESIDENT SCHULMAN: Thank you very much, Ms. Sweany. (Applause). I’m sure we’ll be able to do that, very shortly. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -177- MINUTES OF THE MEETING APRIL 3, 2017 STEPHANIE SWEANY: Thank you. PRESIDENT SCHULMAN: Thank you for coming, and you’re...thank you for your, um...citizenry. We appreciate it, I can tell you that. Our next speaker is Brenda Baylor. Ms. Baylor, as always, welcome to Canton City Council. If you’ll step forward again, and give us your name and your residential address, please. BRENDA BAYLOR: Yes, I’m Brenda Baylor. I live at 2722 Wood Owl St. NE, and first I want to thank those of you who helped to get the meeting together...together, I’m sorry, for tomorrow evening because it’s very important. Republic Steel sits dead smack in the middle of an extremely large community, which encompasses part of Canton Township, as well as Northeast Canton. And, there are some things we know for sure about Republic Steel, but there’s questions that we can’t answer and, and, it really affects all of us in that area. One is, are we breathing anything that is toxic? We don’t know that. Are we drinking it? Okay, is it in the vegetables we grow? Because lead...there is no known safe level of lead poisoning. If it gets in the ground and you grow vegetables there, then you’re eating lead, okay. Can we keep houses clean? We don’t even know how to get the gunk that’s on them, from Republic Steel, off and it would seem that nobody else does, and Republic Steel themselves, is not...been willing to return any calls to help us in that matter. Okay, can we prevent cracks...um...foundations...um...should we all be checked for lead poisoning since there’s no safe level? Okay...how will this affect the value of our homes? I for one would like to sell mine soon and I couldn’t in good faith do that, if I didn’t know that somebody was buying it and moving into a safe area. Okay...how will this affect the value? Um...who is paying to clean our houses? Because, we...some people have tried, to no avail, some have resided. Okay, will there always be loud booms and explosions? They cause cracks in the foundations and so forth. How will we know, okay, if the levels are high or low? We don’t know because we didn’t know, okay. Do we have to move to live in a healthy environment, and who would pay for that? So, this meeting is of extreme importance because this, obviously, is something that people are aware of, not just us. It has been on the news, it has been in the newspaper. And so, it is just not gonna go away and I for one, will come and stand every week, if necessary, until this is better because it’s deplorable. Um, we did not know that we had lead until a few...well...a month ago and then we found out that they’d been doing it since 2014, and we had no clue. We deserve to know that we’re living in a healthy place and that we don’t have to power wash our houses and clean our cars every other day. Thank you. PRESIDENT SCHULMAN: And to repeat...uh...(Applause)...thank you ma’am, very much. To repeat, tomorrow...tomorrow night, here in City Council, and starting at? BRENDA BAYLOR: 6:00. PRESIDENT SCHULMAN: 6:00. Thank you very much. BRENDA BAYLOR: Yes. PRESIDENT SCHULMAN: Thank you. (Applause). Our last speaker tonight is Kathryn Ramsey. Ms. Ramsey, as always, welcome to Canton City Council. If you’ll step forward and give us your name and residential address, please. KATHRYN RAMSEY: Good evening. My name is Kathryn Ramsey. I live at 2322 16th St. NE, in Canton. And thank you for the opportunity for me to voice my opinion and I have quite a few of ‘em. (Laughter). Covers a wide variety of subjects. First of all, I’m asking you to please, enforce the laws that we already have COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -178- MINUTES OF THE MEETING APRIL 3, 2017 on the books. Seems as if it is not being done. In today’s paper, there was an arrest made on 15th St. NE. This residence is a perpetual problem. They are scrappers so they have continuous litter and junk in the yards. They are constantly fighting and using foul language. We have called the Police and the Fire Department several times for open fires. They burn metal, bare, for recycling the metal. The Police have told some of the neighbors that some of them are from different families, mentally ill, all living together, two sexual predators in the house unsupervised, two doors down from a school. Why can’t someone inspect this property? Or why doesn’t the landlord know about this? Letters should go out to all property owners with the city water bills informing them of the laws of trash collecting. Trash goes curbside on the day before collection, not the day after, unsecured for animals to raid. The main problem with Canton is stability. We have all these colleges here and no well paying jobs for college graduates, so they leave. We’re left with a bunch of transient, unemployed people, renters who take no pride in their property. You can’t tell me you brought jobs here that pay ten to thirteen dollars an hour to make a self-sustaining wage, because you can’t purchase a home and put down roots and have any pride in a neighborhood on ten dollars an hour. So, I’m glad to hear that we’re working on job creation. That...that’s really a plus in my mind because we have experienced this, that there’s just no...not that many jobs, well paying. Okay, um...what was it...see...oh...now, if you travel to to a lot of cities, you see signs warning of a $500.00 fine for littering. Our access up Harrisburg Road is usually filthy until Hall of Fame week. Then you see the city sweeping the streets, mowing, pickup up litter, and the rest of the time we put on a collective front of being a clean city. When we did a Crystal Park neighborhood clean up, people were amazed, “what are you doing”? It hasn’t been done since. I am eighty years old, picking up broken glass and litter from some twenty-something’s litter, no thank you. I say, “Fine them til it hurts.” And by the way, could we please have a city truck, perhaps once a month, come out to pick up tree limbs, tires, and oversized trash which people don’t have any way to dispose of. Thank you. PRESIDENT SCHULMAN: Thank you, ma’am. (Applause). And I think you’ll hear an earful, uh, about this from our Leader, who is, uh, up in arms, as we all should be. And we are, we’re trying. It’s not easy...you know, it’s not easy. Government’s not easy. KATHRYN RAMSEY: (Inaudible)...a tree on Royal Avenue NE. PRESIDENT SCHULMAN: Well, we appreciate all that you do, believe me. We want people to come down. Okay, (Inaudible). That concludes our Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: So, we’re under Informal Resolutions. Mr. Chairman...(Inaudible). We do have one this evening. Mr. Clerk, would you please begin with Informal Resolution 20, please. #20. COUNCIL-AS-A-WHOLE: SUPPORTING RENEWAL OF STARK COUNTY 0.50% CRIMINAL JUSTICE SALES TAX (ISSUE #1). - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #20. MEMBER SMITH: Second PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 20. Any remarks? Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -179- MINUTES OF THE MEETING APRIL 3, 2017 NO REMARKS RESOLUTION #20 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. COMMUNICATIONS PRESIDENT SCHULMAN: We’re under Communications. Let the journal show that all Communications have been 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 APRIL 3, 2017. 128. AUDITOR MALLONN: MTHLY REPORT BY FUND FOR 3/1/17 THRU 3/30/17. - RECEIVED & FILED 129. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 1/1/17 THRU 3/30/17. - RECEIVED & FILED 130. CD DIRECTOR SEWARD: AMEND O#92/2016 SEC 1b TO INCREASE AWARD TO COMMUNITY BASED DEV ORGANIZATIONS FR $607,243 TO $1,400,000 TO MOVE SUMMER/YOUTH CONTRACTS FWD; AMEND O#92/2016 SEC 1c TO INCREASE PUB SRV AWARD FR $55,000 TO $80,000 FOR CONTRACT WITH STARK CO MENTAL HEALTH & ADDICTION RECOVERY FOR OPIATE/HEROIN PREVENTION SRVS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 131. SAFETY DIRECTOR PERRY: AUTHORIZE SAF DIR TO APPROP UNAPPROP BAL OF $3,514.44 INTO FUND 2763 UNDER 102085 (FUNDS SEIZED BY NORTHERN OH VIOLENT FUGITIVE TASK FORCE) TO PURCHASE EQUIP FOR POLICE DEPT TO AID IN APPREHENSION OF VIOLENT FUGITIVES. - FINANCE COMMITTEE 132. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER/CONTRACT AMENDMENT NO. 2 WITH MICHAEL BAKER, JR., INC./MICHAEL BAKER INTERNATIONAL FOR CONSTRUCTION ENGINEERING SRVS RELATED TO MAHONING RD NE CORRIDOR PROJ, PHASE 1, PID 90361, GP 1103; RETROACTIVELY AUTHORIZE AND RATIFY ANY ACTIONS TAKEN PRIOR TO EFFECTIVE DATE OF LEGISLATION TAKEN IN FURTHERANCE OF PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 133. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER NO. 4 WITH LOCKHART CONCRETE CO. FOR EAST SIDE INTERCEPTOR SEWER RELOCATION PROJ, GP 1113; RETROACTIVELY AUTHORIZE AND RATIFY ANY ACTIONS TAKEN PRIOR TO EFFECTIVE DATE OF LEGISLATION TAKEN IN FURTHERANCE OF PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -180- MINUTES OF THE MEETING APRIL 3, 2017 134. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ONE OR MORE SIDEWALK, STREETSCAPE, AND/OR ADA RAMP CONSTRUCTION CONTRACTS; REQ SUPP APPROP OF OPWC FUNDS IN AMT OF $320,621.52 FR UNAPPROP BAL OF 4579 30TH ST NW RESURFACING PROJ, GP 1238, FUND TO 4579 202044 30TH ST NW RESURFACING PROJ, GP 1238 - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 135. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO PURCHASE SANITARY SEWERS SERVICING AREA INCLUDED IN GENERAL DEVELOPMENT PLAN FOR JOHNSON CONTROLS HOF VILLAGE FROM STARK CO IN ACCORDANCE WITH ALL APPLICABLE AGMTS BETWEEN CITY OF CANTON AND STARK CO; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT(S) WITH STARK CO FOR OWNERSHIP, OPERATION, AND/OR MAINTENANCE OF SANITARY SEWERS AND SANITARY SEWER FACILITIES THEREIN; REQ $300,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 202010 ENGINEER DAILY OPERATIONS - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 136. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROFESSIONAL SRVS CONTRACT AMENDMENT WITH BRICKER & ECKLER LLP FOR LEGAL SRVS RELATED TO CONSTRUCTION PROJ AT WRF; REQ $75,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 OPERATIONS AND MAINTENANCE - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 137. WATER DEPT SUPT CONVERSE: 2016 ANNUAL REPORT. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: Turning now to First Reading Ordinances and uh... Formal Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #4 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE ONE RICHMOND AVENUE 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 Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,786,199.00 FR UNAPPROP COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -181- MINUTES OF THE MEETING APRIL 3, 2017 BAL OF 5410 SEWER OPERATING FUND TO 5410 206057 OWDA WRF PHOSPHORUS PROJ (MEMBRANE) #6556 - OTHER - $1,007,989.00, TO 5410 206058 OWDA WRF PHOSPHORUS (CONSTRUCTION) #6699 - OTHER - $1,778,210.00) Referred to Finance Committee (COUNCIL RECESSED AT 8:17 PM FOR THE COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS O#3; RECONVENED AT 8:18 PM) #3. (1ST RDG) ADOPTED AS ORDINANCE NO. 67/2017 AN ORDINANCE DECLARING THE FIVE BUILDINGS LISTED ON EXHIBIT A TO BE PUBLIC NUISANCES; AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE DEMOLITION OF SAID BUILDINGS; AUTHORIZING THE CLERK OF CANTON CITY COUNCIL TO CERTIFY THE COSTS OF DEMOLITION TO THE STARK COUNTY AUDITOR; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 235082, 215199, 215617, 226346, 217166) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE ADOPTION OF THE GENERAL DEVELOPMENT PLAN FOR THE HALL OF FAME VILLAGE DEVELOPMENT PROJECT; AND DECLARING HE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee PRESIDENT SCHULMAN: At this time the Chair would declare an in-house recess for the Community & Economic Development Committee to meet in regard to Ordinance #3 on your agenda. You’re now in recess. Mr. Chair...Ms. Chair. (RECESS) PRESIDENT SCHULMAN: Council will reconvene after the recess. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add Ordinance 3 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add the Ordinance #3 back on this evening’s agenda. Any remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries. Leader. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -182- MINUTES OF THE MEETING APRIL 3, 2017 MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #3. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule on Ordinance 3. Any remarks? Hearing none, Mr. Clerk again, roll call vote. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #3. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #3. Any remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #3 ADOPTED AS ORDINANCE NO. 50/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 3 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances for their Second Reading. Would you please begin with Ordinance 5, thank you. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #5 THROUGH #12 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#11 AND O#12 ADOPTED ON 2ND READING): #5. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE HOF VILLAGE #2 ANNEXATION AREA CONTAINING APPROXIMATELY 13.078 ACRES, MORE OR 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 PUB HRG 4/10/17 @ 7:30 PM #6. (2ND RDG) AN ORDINANCE VACATING A PORTION OF MOSLEY COURT S.W.; APPROVING AND ACCEPTING THE REPLAT AND RENUMBERING PLAT OF ALL OF LOTS 10181 THROUGH 10191, 10194 THROUGH 10208, 42226 THROUGH 42235 AND 42638 THROUGH 42642 PLUS THE VACATED PORTION COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -183- MINUTES OF THE MEETING APRIL 3, 2017 OF MOSLEY COURT S.W.; AND DECLARING THE SAME TO BE AN EMERGENCY (FR NORTH LINE OF LOTS 42638 AND 42640 TO SOUTH LINE OF LOT 10193; FOR AULTMAN HEALTH FOUNDATION, WARD 3) PUB HRG 4/10/17 @ 7:31 PM #7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,812,000.00 APPROP TRF FR 1155 500601 COMMUNITY DEVELOPMENT - OTHER TO 1155 101501 CODE ENFORCEMENT - OTHER) #8. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 18439 AND 18440; AND DECLARING THE SAME TO BE AN EMERGENCY (HABITAT FOR HUMANITY, WARD 9) #9. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 24467 AND 24466; AND DECLARING THE SAME TO BE AN EMERGENCY (DON BONIPHANT, WARD 5) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE APPROPRIATE OFFICIAL(S): TO PURCHASE AND/OR LEASE VARIOUS TITLED VEHICLES; TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THOSE PURCHASES DESCRIBED IN EXHIBIT A THAT EXCEED ANY APPLICABLE DOLLAR AMOUNT THRESHHOLD(S); AND TO ALTERNATIVELY ENTER INTO CONTRACT FOR THE PURCHASES PURSUANT TO ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,260,027.50 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 102001 POLICE ADMIN - OTHER - $38,970.00, TO 4501 103001 FIRE ADMIN - OTHER - $105,814.00, TO 4501 103501 CENTRAL COMMUNICATION ADMIN - OTHER - $7,500.00 TO 4501 202210 STREET MAINTENANCE - OTHER - $751,000.00, TO 4501 204010 OTHER BUILDINGS - OTHER - $147,400.00, TO 4501 301001 HEALTH ADMIN - OTHER - $26,428.50, TO 4501 504010 INFORMATIONAL TECHNOLOGY - OTHER - $90,000.00, TO 4501 701001 JUDGES ADMIN - OTHER - $34,220.00, TO 4501 753001 LAW ADMIN - OTHER - $11,695.00, TO 4501 801001 AUDITOR ADMIN - OTHER - $27,000.00, TO 4501 852001 TREASURER ADMIN - OTHER - $10,000.00, TO 4501 901001 CIVIL SERVICE - OTHER - $10,000.00; $340,248.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASES FUND TO 4502 102001 POLICE ADMIN - OTHER - $262,500.00, TO 4502 103001 FIRE ADMIN - OTHER - $37,204.00, TO 4502 201201 PURCHASING ADMIN - OTHER - $12,544.00, TO 4502 504010 INFORMATION TECHNOLOGY - OTHER - $28,000.00; $7,728.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS OPERATING FUND TO 5201 201201 PURCHASING ADMIN - OTHER; $7,728.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND OPERATING FUND TO 5410 201201 PURCHASING ADMIN - OTHER; $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701 BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMIN - OTHER) COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -184- MINUTES OF THE MEETING APRIL 3, 2017 #11. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 68/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY TO PURCHASE TWO (2) SALT TRUCKS; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($170,000.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE FUND TO 4502 202210 STREET MAINT - OTHER) #12. (2ND RDG) ADOPTED AS ORDINANCE NO. 69/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ARCADIS U.S., INC. IN AN AMOUNT NOT TO EXCEED $713,700.00 FOR THE CANTON WATER RECLAMATION FACILITY SLUDGE PROCESSING MODIFICATIONS PROJECT; ENTER INTO AGREEMENTS WITH NORTH CANTON AND STARK COUNTY; AND ENTER INTO A CONSTRUCTION CONTRACT FOR THIS PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($7,398,700.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SANITARY SEWER REPLACEMENT FUND TO 5413 206056 WRF SLUDGE PROCESSING MODIFICATIONS PROJECT - OTHER) PRESIDENT SCHULMAN: Thank you, Mr. Clerk. Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules for Ordinances #11 and 12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinances 11 and 12...uh...on the agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Three read....You’ve heard the three readings, 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 under this Ordinance? Hearing none... MEMBER MORRIS: Mr... COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -185- MINUTES OF THE MEETING APRIL 3, 2017 PRESIDENT SCHULMAN: Yes. 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 that you amend Ordinance 11 by virtue of the copy before each Member of Council. Any remarks? Hearing none, all those in favor, signify by saying aye. Those oppose 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 current Section 2 of Agenda Item No. 11 to read as follows: Section 2. The Mayor or Director of Public Service, on behalf of the city of Canton, is authorized to alternatively enter into contract for the purchases described in Section 1 in accordance with any cooperative purchasing program or procurement procedure authorized by law. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 11 as amended. Any more remarks? Hearing none, roll call vote please. NO REMARKS #11 ADOPTED AS AMENDED AS ORDINANCE NO. 68/2017 CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Ordinance 11 has been adopted. Ordinance #12, 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 under this Ordinance? Again, hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -186- MINUTES OF THE MEETING APRIL 3, 2017 #12 ADOPTED AS ORDINANCE NO. 69/2017 PRESIDENT SCHULMAN: Thank you. Ordinance #12 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Now we turn to Ordinances for their Second Reading...Mr. Clerk would you please begin with Ordinance #13. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #13 THROUGH #20 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. CLERK DOUGHERTY: Third Reading Ordinances. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 70/2017 A RESOLUTION WITHDRAWING CANTON’S OBJECTION TO THE TRANSFER OF A LIQUOR PERMIT LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (MARK A. MILLS DBA MILLS TAVERN, 1649 HARRISON AVE SW, WARD 5) 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? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 70/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 71/2017 AN ORDINANCE AMENDING SECTION 521.08, LITTERING AND DUMPING OF CHAPTER 521 OF THE GENERAL OFFENSES CODE 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? Leader. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -187- MINUTES OF THE MEETING APRIL 3, 2017 MEMBER MORRIS: Mr. President. First I’d like to thank, uh, the Law Director for working with me to get this moving. I’m going to reach out to our City Engineer and start working on the signs as well. I know he had some personnel issues that he has to resolve. Uh...I got quite a few phone calls and texts messages about this when, compliments to the Repository, I thanked them for that. Uh, two elected officials, uh, one county, one city...both sent me a text message and I told both of those gentlemen that I would be more than glad to ask this question on the floor...uh, Service Director, if you recall a few years ago, I made a comment about a garbage truck flying down Gibbs Avenue backwards, in the wrong lane, and I said, uh, Service Director, do they have to follow the same laws as we, on the roads? And you said, “Well absolutely.” So, the question put before me is...some of the biggest complaints of litter are actually coming from our own sanitation workers as they throw it in the back of the truck. It blows down the street or they pick up a bag that tears and in some neighborhoods, Ridgewood, Market Heights, uh...Colonial Heights...just the areas that I’m familiar with. I’m not saying other areas don’t do this, but those folks, they go out and they clean it up. And some other areas, we’re not so fortunate as a city, to have them clean it up. So, I know that we have union contracts, but is this something that we could address with our sanitation workers and their Director, please? SERVICE DIRECTOR BARTOS: Mr. President. Yes. We’ll be happy to...we discuss this from time to time. I get the same complaints that...hey, you know, the litter was left behind by the truck and this is a good time to bring this up again, especially mention that...hey, there’s a crackdown city-wide. So, we’ve been talking about raising the level of our performance in our Sanitation Department anyways, this is as great a time as any to discuss this. (Applause). MEMBER MORRIS: Thank you, Director Bartos, cause that...I knew you’d have the right response. Uh, and I do...I think it’s...it’s really coming down to a respect issue in our city, of people just disrespecting our city and I...I wish the Chief all the luck, and if it would help the cause, I would like to even get the Police Department out here on, uh, Cleveland Avenue and me and Mr. Mariol can throw a...a cigarette butt down and be the first two to write that check for $150.00 to get the sign a rolling, so, but uh...thank you. PRESIDENT SCHULMAN: Thank you. Thank you, Leader. Any other remarks? And...as humorous as that...(Laughter)...as humorous as that is, uh, this is a serious issue. Our city...who...wouldn’t do this in our homes. We don’t do this in our houses. How people treat their community. Not all of us obviously, but it’s disgusting and it really needs to be taken seriously. And it...it affects everything, everything that we do. If your city...if you’re in squaller and dirt and filth, it affects how you feel, it affects...uh...everything that you do. And, uh, it’s time...I appreciate, Leader, I appreciate you taking the (Inaudible) on this. This has to be done. Any other remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 71/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 72/2017 AN ORDINANCE AMENDING SECTIONS 505.14 AND 505.15 OF CHAPTER 505 OF THE GENERAL OFFENSES CODE (KEEPING OF DOGS AND CATS) PRESIDENT SCHULMAN: Leader. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -188- MINUTES OF THE MEETING APRIL 3, 2017 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, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 72/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 15 is adopted. Ordinance 16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 73/2017 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION TO COUNTY FIRE PROTECTION; AND DECLARING THE SAME TO BE AN EMERGENCY ($4,207.00 FOR INSPECTION & MAINTENANCE OF FIRE TRUCK LADDERS AND AERIALS) 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? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 73/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 16 has been adopted. Ordinance 17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 74/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($35,420.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102075 POLICE PROFESSIONAL TRAINING - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -189- MINUTES OF THE MEETING APRIL 3, 2017 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 74/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 17 is adopted. Ordinance 18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 75/2017 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION TO GPD GROUP; AND DECLARING THE SAME TO BE AN EMERGENCY ($75,859.05 TO GPD GROUP FOR MAHONING RD NE CORRIDOR PROJ) PRESIDENT SCHULMAN: 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 undere this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 75/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 76/2017 AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO THE VILLAGE OF HARTVILLE; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (LMT MERCER GROUP, 322 LAKE AVE NE) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -190- MINUTES OF THE MEETING APRIL 3, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 76/2017 PRESIDENT SCHULMAN: Motion carries. Thank you. Ordinance 19 is adopted. Ordinance 20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 77/2017 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 (AEP SCHROYER AVE SW SUBSTATION, PARCEL #247982) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks under this Ordinance? Again, hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 77/2017 PRESIDENT SCHULMAN: Motion carries. The Ordinance is adopted. Thank you to the staff, Clerk. It’s a long meeting, a lot of work to do. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcements of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER MARIOL: The Fin...Finance Committee will meet on April 10th at 6:45. PRESIDENT SCHULMAN: Thank you Chairman Mariol. MEMBER SMITH: Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -191- MINUTES OF THE MEETING APRIL 3, 2017 PRESIDENT SCHULMAN: Yes. MEMBER SMITH: CD will also meet at the same time. MEMBER MORRIS: Mr. President. Annexation will meet at the same time. PRESIDENT SCHULMAN: Anyone else? 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 invite all Council Members-At-Large, and any members that’s sitting in out in the audience, do come down tomorrow for this uh...very important meeting. And also, we’re going to have a 4th Ward Townhall Meeting on Saturday, April 8th, 11:00 at the Southeast Community Center. Come out and learn what’s really going to be happening in the 4th Ward. Thank you. PRESIDENT SCHULMAN: That you, Member Smith. Great job, thank you. Law Director. LAW DIRECTOR MARTUCCIO: Mr. President. Members of Council. Folks in the Audience. In an hour or so, some of you may be asking yourselves who or what is a Gonzaga Bulldog? And what has it got to do with the city of Canton? What is this school of less than eight thousand students in semi (Inaudible) high plain in Eastern Washington, near the mountains and pristine lakes of (Inaudible) got to do with the city of Canton. Me. I was lucky enough to have gone to the Gonzaga University School of Law back in the late seventies. Before John Stockton came along, before Gonzaga became the Cinderella powerhouse. They are known for...a...this Jesuit school, way out there, is known for...uh...a lot of Washington State Supreme Court Justices and Washington State’s Attorney General. Great place, and uh...obviously in a Cinderella position tonight. Never having made it to the Final Four, for a title, after all the years of having (Inaudible). So, in all these years that I’ve been sitting here, I don’t think you’ve ever heard me plug a sports team, but tonight is the exception. Go Gonzaga Bulldogs! (Applause). PRESIDENT SCHULMAN: Any other business? CLERK DOUGHERTY: Mr. President. Thought for the week, ladies and gentlemen, especially you Council people. “Whenever you find yourself on the side of the majority, it’s time to pause and reflect.” - Mark Twain. PRESIDENT SCHULMAN: (Laughter). Leader. MEMBER MORRIS: Move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -192- MINUTES OF THE MEETING APRIL 3, 2017 CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Meeting’s adjourned. (Gavel falls). Be careful everybody. Thank you for attending. ADJOURNMENT TIME: 8:35 PM ATTEST: APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT