City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -365- MINUTES OF THE MEETING JUNE 19, 2017 (The first several seconds of the meeting was not recorded due to a technical malfunction) PRESIDENT SCHULMAN: .....City Council to Order. Roll call vote please Mister Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 10 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, & EDMOND MACK) TEN COUNCIL MEMBERS PRESENT. (MEMBER MORRIS & MEMBER MARIOL ABSENT) CLERK DOUGHERTY: Ten present, two absent. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you. Um...Member Smith. MEMBER SMITH: Mr. President. I move we excuse Member Morris and I guess, Mariol from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Members Morris and Mariol from this evening’s meeting. Any remarks? I know...I know that both of them, uh, had pressing engagements. Our Leader had a meeting that he had to attend to and uh, Member Mariol, I think, had some problem earlier. But we, we believe that he’s...anyone, any other remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President PRESIDENT SCHULMAN: Thank you. Motion carries and Members uh...Morris and Mariol are excused from this evening’s meeting. We’ll now have our invocation by our Member, favorite Member, if you’ll stand and uh... The regular meeting of Canton City Council was held on June 19, 2017 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council David Dougherty. The invocation was given by Council Member Chris Smith. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes. Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances 6 through 12. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -366- MINUTES OF THE MEETING JUNE 19, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add the Ordinances 8, sorry, 6 through 12 to this evening’s agenda. Are there any remarks? CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: Yes, we had that, uh, that won’t happen now since we’ve had their Committee Meeting, so...(Inaudible). PRESIDENT SCHULMAN: Thank you. Any other remarks? Hearing none, roll call vote please, Mister Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and 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 do have one tonight. CLERK DOUGHERTY: We have AN ORDINANCE ENLARGING THE BOUNDARIES OF THE AREA OF THE CITY OF CANTON DESIGNATED AS THE HOF VILLAGE TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014. PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this ordinance, will you please step forward. And I must repeat myself...if there is anyone in the audience wishing to speak for or against this ordinance, will you please step forward. Seeing no one step forward, this matter is closed and it will be in the next meeting scheduled for the 3rd. OLD BUSINESS PRESIDENT SCHULMAN: We’re now turning to Old Business. Do we have any Old Business? Is there any? PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning now to Public Speaks. We do have Public Speaks. Our first is Lisa Bussey. Is that correct? Did I pronounce your name? Step forward please and give us your name and your residential address, please. LISA BUSSEY: Yes. PRESIDENT SCHULMAN: Yeah, right up here. Thank you. Good evening, welcome to Canton City Council. Again, if you’ll give us your name and your residential address, please. And I apologize if I COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -367- MINUTES OF THE MEETING JUNE 19, 2017 pronounced your name... LISA BUSSEY: That’s fine, no problem. Lisa Bussey, 2111 Third St. NE. Uh...I had a whole speech written and I decided that it wasn’t necessary, and so the question that I have for you guys really is kind of simple. Um, it’s like, a lot of shooting going on in my neighborhood, on 14th Street, between Gibbs and Spring, and I just want to know what you’re going to do about it? Cause we need...we really need you to do something about it. We’re afraid to come out to cut our grass, and like, walk our dogs, and you know...we need some help. PRESIDENT SCHULMAN: And we hear you. And if you’ll do us a favor, if you don’t mind, stay here after the meeting is over and you’ll be able to talk to some people who will, I promise, will try to help you. Alright? LISA BUSSEY: Okay. Thanks. PRESIDENT SCHULMAN: thank you very much, ma’am. (Applause). Our next speaker is our good friend, Patricia Kirk. Ms. Kirk, as always, welcome. If you’ll step forward though, and give us your name and your residential address. PATRICIA KIRK: Hi, my name is Patricia Kirk. I live at 131 5th St. NE, and I’m president of the Downtown Central Neighborhood Association. I got a real quick question. Who is the Council Representative to the Canton Tree Commission...Canton City Tree Commission? Mr. Scaglione. Okay, thank you. Um, remind me, I want to give this to you. (Laughs). Uh, we won’t be meeting in July, but we will in August and we’re on the first Tuesday. But, uh, we look forward to working with you. Thank you very much. PRESIDENT SCHULMAN: Thank you, Ms, Kirk, as always. Our next speaker is (Inaudible) Lydia Campbell? Is that correct? Ms. Campbell? LINDA CAMPBELL: Linda...Linda. PRESIDENT SCHULMAN: Pardon? Linda. LINDA CAMPBELL: Um hum. PRESIDENT SCHULMAN: I’m sorry. Excuse me. LINDA CAMPBELL: Okay. PRESIDENT SCHULMAN: Would you please step forward though, Linda, and give us your name and your residential address, please, and welcome. LINDA CAMPBELL: Okay. Good afternoon. My name is Linda Campbell. I stay at 1016 Struble Ave NE, Canton, and I’m here...I have several different issues. Okay, one is, I told you once before about the high grass in a lot that’s across the street. I done seen everything and I told you about...except for King Kong. You know, I’m the same one that said that once before. But, anyway, I’ve been given the run around about this vacant lot across the street from my house. The grass has gotten so high, it’s almost as tall as the gar...the COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -368- MINUTES OF THE MEETING JUNE 19, 2017 garage that faces Struble. One of the houses face Gibbs and the other one faces...the garage faces Struble. Now, the last thing I’ve been told about these lots is that they’re back...they’re owned by (Inaudible), an d the back and all this stuff. My son has been trying to keep the grass cut, but it has just gotten so high now that ain’t nothing he can do about it, so I’m just wondering what can be...they gave me a name of...of a person to call and I called this person and all I get is uh...you know, I might get a few rings and then it’ll go to a busy mode so I never get to talk to this person. I believe his name is...supposed to be...humpf, I wrote it down somewhere, uh...J...J...Tom...Tom...Risetti, uh Risatti? They call him JR. I was...that’s the number I was given. No respond. Okay, the next issue is the park. Okay, we had the community develop...I mean, uh, it was the Juneittes Community...Juneteenth Community Development...Community Festival and it was supposed to have been for three days, down in the park. Which, uh...Sunday was cancelled, they claimed due to the weather. Okay, they have a lot that’s all...uh...well, it used to be the zoo area. I hear they got plans going for this area but I would like to see a recreation center down there, in case it might be other events down there. People won’t have to be outside, they can go in, it don’t have to be cancelled, or something like that. You know, something that our kids can be...all kids, you know. I don’t care if they’re blue, green, white, whatever color they are, you know, they need to be able to have something to do, and be able to go into the park and theirselves and stuff. So, I would really like to see something done in that aspect for them. They want to say flood area and stuff, it’s flood areas everywhere, Louisville, everywhere. It’s always flood areas the way there storms and things are going, so, I don’t think that should be a factor about flood area, you know. If it’s flood area, put some...whatever it needs to take to get the...you know, have the thing done, across the bridge where it comes, you know, but in the meantime, kids need to have something to do. And they also need jobs around here. I think that would stop a whole lot of crimes in our area. If people of all colors had jobs in the area. And the third thing... PRESIDENT SCHULMAN: No, I hate to say that’s all the time that you have. LINDA CAMPBELL: Okay. PRESIDENT SCHULMAN: I’m sorry. LINDA CAMPBELL: That’s okay. PRESIDENT SCHULMAN: But we’re here, you know, every couple weeks, at least now, in the summertime, and we’ve love to hear from you again. LINDA CAMPBELL: Okay. PRESIDENT SCHULMAN: And if you’ll write down the address, again, that you’re complaining about, and who you’ve spoken with and bring it up here, and we’ll try to help you out, alright? LINDA CAMPBELL: Okay, thank you. PRESIDENT SCHULMAN: Thank you very much, ma’am. Sorry to interrupt you. (Applause). Our next speaker is, uh, James Parker. Mr. Parker, if you’ll step forward and give us your name and your residential address. And as always, welcome to Canton City Council. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -369- MINUTES OF THE MEETING JUNE 19, 2017 JAMES PARKER: Thank you Council President Schulman. James Parker, 6y30 Penny St. SE, North Canton. Concerning rezoning for Marathon Petroleum from residential to heavy industrial, it’s on it’s 3rd and final reading. Last City Council meeting, we heard from resident, Dennis O’Brian, of 1919 Brook SW. He spoke passionately about being a thirty-three year resident. Being surrounded by these Marathon lots that are up for rezoning. He cares for his disabled daughter. We heard him say that Marathon Petroleum, vi-sa-vi, Roetzel and Andressi of Akron, have lied about resident’s concerns to the Planning Commission, that residents there did not care about the rezoning. Mr. O’Brian stated that could be farthest from the truth. A caveat of reality occurred when Attorney Stephen Funk got up, from right there, told this Council last meeting that “the four lots we’re asking to be rezoned isn’t reasonable to expect it to be used for residential.” Yet, there Mr. O’Brian’s lot sits. We submit, I quote Attorney Funk, “We submit this entire area is now an industrial area. It’s not to be used for”...and then he stopped himself from speaking. Why? Because there’s the rub. These lots surround Mr. O’Brian’s residential property. He, at prima facie and defacto, has admitted that should not be a residence. Why don’t they buy the lot from him, compensate him for his time and trouble, and move him off the property, if they want it that bad. Marathon has publicly admitted that these lots cannot be considered residential. Evidence exists that Marathon Petroleum will operate at all hours, a pipeline and transit station around the O’Brian’s lot. Reminds me of a Buggs Bunny episode where he wakes up and concretes been poured around his hole and there’s a...industrial highway all around him all the time. I submit to you, this brief, Council President, that you deny the rezoning as it stands. That you stipulate that this rezoning contains Mr. O’Brian’s property and language that he is adequately compensated for his estate and his hardship by Marathon Petroleum, arbitrated by a third party, like they would the Hall of Fame Village. You hold this man, Mr. O’Brian’s future, in the palm of your hands, Council. It’s a valuable future, don’t destroy it. Protect it. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. That you. (Applause). Our last speaker tonight is Jolanda Jackson. Good evening. Welcome... JOLANDA JACKSON: Hi. PRESIDENT SCHULMAN: ...To Canton City Council. If you’ll give us your name ma’am... JOLANDA JACKSON: My... PRESIDENT SCHULMAN: ...And your residential address, please. JOLANDA JACKSON: Hi, my name is Jolanda Jackson. I stayed at 1105 Baker Street. My current address is 326 Mohawk Ave. I’m up here to speak because I lived on the Southeast. I know what it was and how it felt to be on the Southeast, and I got bullied over there when I started speaking up. Other things had kept happening so I went to the Police, the Police couldn’t do anything and I took it upon myself to be able to get out of my situation, and I’ve got other people out of my situation. What I’m saying is this, there’s problems in our neighborhood and the only thing that I really think that could change this is prayer. I’ve asked for the Councils, so I could set up, um, leadership in each Ward, to have the churches come out, because the churches are the only ones that’s really gonna be able to do anything. Everybody believes in the power of prayer, so I’m trying to pull them out because a lot of these people are the ones that are outside of the church that are crying and are hurt. So, what I’m asking for is a Ward map. I’ve been down here for almost a year now, asking for a Ward map. I do things by myself, secretly. I don’t need Facebook likes, or anything like that. I just know that COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -370- MINUTES OF THE MEETING JUNE 19, 2017 if you...that’s my neighbor, I’m supposed to help my neighbor. No matter what color they are, no matter what creed, whatever, whatever. I just want to see somebody better their lives. And I believe by me doing this with the Wards, I can link up with the leadership, the Pastor in here. I’ve looked at y’all’s Comprehensive Plan and you guys have the same problem. You don’t know who the leaders are in the city. So, I’m asking everybody to step out and be challenged to come out to these different Wards. Let us see your faces, let us know that you care too. Our problems...your problems. Your problems...our problems. As a city-as-a-whole. So, if you could get me a copy of the Ward maps. Something that’s printable. I have a big copy but that’s too big, but I need something I can sit down with. I’ve talked to this...civil engineers, they haven’t gotten back to me about the Ward map, but I think this would be the first step in trying to make our city safer. They way I can pull preachers out, people that are leaders. If y’all talking about standing up, stand up. I’m young, I need...we have strength, you guys got the wisdom. So I need both of y’all’s sides to help, you know what I mean? Because it’s for my kids and y’all’s grandkids. I’m a taxpaying citizen so, you know what I mean, that’s all I’m asking for. This is a lot, so I ask you guys to pray for me, ‘cause as I’m pulling people out, it’s going to be people coming towards me, good and bad, you know what I mean. So pray for me, that I can continue to move forward with this and try to bring people out, you know what I mean. Because they need prayer. Period. Point blank. That’s it. Thank you. PRESIDENT SCHULMAN: Thank you very much. (Applause). JOLANDA JACKSON: Thank you. PRESIDENT SCHULMAN: Thank you very much and thanks to all of our speakers tonight. We appreciate your concern and your...your ability to talk about these issues. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions and we have one this evening. I’m sorry. We’re now under Informal Resolutions and Resolutions for their First Reading. Mr. Clerk, would you please read Informal Resolution #27, by title. #27. COUNCIL-AS-A-WHOLE: COMMEND GOODWILL EFFORTS OF MARIA BYINGTON BY HONORARY NAMING OF COURT AVE NW, FROM 3RD ST. NW TO 4TH ST. NW, AS MARIA’S WAY. - ADOPTED. PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #27. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 27. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #27 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -371- MINUTES OF THE MEETING JUNE 19, 2017 COMMUNICATIONS PRESIDENT SCHULMAN: We’re turning now to Communications. We’re now under Communication. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JUNE 19, 2017. 220. C&ED CHAIRPERSON SMITH: REQ LEGISLATION TO PROCEED WITH IMPLEMENTATION AND SPECIAL ASSESSMENT FOR FUNDING OF SERVICE PLAN ADOPTED BY DOWNTOWN CANTON SID FOR 5 YRS BEGINNING 2018. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 221. FINANCE DIRECTOR CROUSE: REQ $43,805.00 SUPP APPROP FR UNAPPROP BAL OF 2415 GUARDRAIL/ATTENUATOR REPLACEMENT FUND TO 2415 202210 MAINTENANCE - OTHER FOR $10,000.00 AND TO 2415 753001 LAW - OTHER FOR $33,805.00. - FINANCE COMMITTEE 222. LAW DIRECTOR MARTUCCIO: AUTHORIZE MAYOR OR SERV DIR TO EXECUTE DEVELOPMENT AND OPERATIONS & MAINTENANCE AGMTS, ALONG WITH ANY RELATED AND NECESSARY FUNDING, DISBURSEMENT, COOPERATIVE, REAL PROPERTY, OR OTHER NECESSARY AGMTS WITH THE HOF VILLAGE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 223. LAW DIRECTOR MARTUCCIO: AMEND BUDGET O#41/2017 TO RESTORE REDUCED PERSONNEL FUNDING TO LAW DEPT PROPORTIONATELY TO BALANCE OF 2017 TO UTILIZE SALARIED VACANT POSITION. - FINANCE COMMITTEE 224. LIQUOR CONTROL DIV (OHIO): REQ NEW D1, D3 PERMIT FOR H2 WINE MERCHANTS CANTON LLC, DBA H2 HATH & HARRIS WINE MERCHANTS, 421, 423, 427 E TUSC. - RECEIVED & FILED 225. MAYOR BERNABEI: AUTHORIZE NEWLY HIRED PUBLIC WORKS SUPERINTENDENT, STEVEN TRZCINSKI, TO RECEIVE 10 DAYS VACATION PER YR BEGINNING IN 2017 UNTIL HIS CITY ACCRUED TIME CORRELATES WITH APPLICABLE VACATION SCHEDULE. - PERSONNEL COMMITTEE 226. PLANNING COMMISSION: REQ REPLAT FOR LOT 838 (PARCEL #304676), 4113 LESH ST NE IN WARD 6, FOR MAX SOLOMON. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 227. PLANNING COMMISSION: REQ REPLAT OF PART OF LOTS 7741 AND 7742 (PARCELS 239102 & 213953), 710 SHORB AVE NW IN WARD 2 FOR ARETHA FRANCIS. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -372- MINUTES OF THE MEETING JUNE 19, 2017 228. PLANNING COMMISSION: REQ REPLAT OF LOTS 10895, 10828, 10829, 10830, 10831, 10832 & 10833 (PARCELS 231680, 225923, 226098, 225813, 244539 & 230980), 2333 MAHONING RD NE IN WARD 6 FOR J. LEONARD MASON. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 229. PLANNING COMMISSION: REQ ZONE CHANGE AT 2333 AND 2309 MAHONING RD NE, PARCELS 231680, 225923, 226098, 225813, 244539 & 230980, WARD 6, FR B-3 GENERAL BUSINESS TO PB-4 PLANNED SPECIAL BUSINESS (J. LEONARD MASON). - JUDICIARY COMMITTEE 230. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO AGMT FOR AND ACCEPT $134,484.00 IN GRANT FUNDS FR DEPT OF HOMELAND SECURITY; AUTHORIZE AUDITOR TO RENAME FUND #2658 - 2010 SUMMER YOUTH TANF GRANT TO FUND #2658 - FY 2016 ASSISTANCE TO FIREFIGHTERS GRANT FUND TO PLACE GRANT MONEY UPON RECEIPT; AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF MDT’S AND SOFTWARE FOR FIRE DEPT; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO CONTRACT FOR ABOVE PURCH IN ACCORDANCE WITH ANY COOP PURCH PROG OR PROCUREMENT PROCEDURE AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; REQ $13,448.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJ FUND TO 4501 103001 FIRE DEPT ADMIN - OTHER, AND $134,484.00 SUPP APPROP FR UNAPPROP BAL OF FUND #2658 - FY 2016 ASSISTANCE TO FIREFIGHTERS GRANT FUND TO 2658 103001 FIRE DEPT ADMIN - OTHER. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 231. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR, SAF DIR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR DEMO OF STRUCTURE AT 1306 LOGAN AVE NW; AUTHORIZE MAYOR, SAF DIR AND/OR SERV DIR TO ENTER INTO ANY OTHER NECESSARY CONTRACTS FOR ABOVE DEMO THRU ANY PROCUREMENT METHOD AUTHORIZED BY LAW; AUTHORIZE MAYOR, SAF DIR AND/OR SERV DIR TO TRF REAL PROPERTY LOCATED AT 1306 LOGAN AVE NW (PARCEL #228343) TO CANTON CCIC FOR ECONOMIC DEVELOPMENT PURPOSES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 232. SERVICE DIRECTOR BARTOS: INFORM COUNCIL THAT CITY WILL NOT BE ENTERING INTO PROJ LABOR AGMT (PLA) FOR 2017 CHIP AND SEAL PROG, GP 1059 PURSUANT TO SUBSEC 105.01(b)(5) OF CANTON CODIFIED ORDINANCES. - RECEIVED & FILED 233. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO (1) YR CONTRACT WITH OPTION OF (2) (1) YR EXTENSIONS IF MUTUALLY AGREED UP BY BOTH PARTIES WITH SMHA FOR VEHICLE MAINTENANCE AND FUEL SRVS FOR COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -373- MINUTES OF THE MEETING JUNE 19, 2017 SMHA; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 234. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO A SOLE SOURCE PURCH AGMT WITH NALCO CO, LLC FOR PURCH OF PERMACARE MPE50 FOR USE IN WRF MEMBRANE SYSTEM; REQ $50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 OPERATION AND MAINTENANCE - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 235. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONSTRUCTION CONTRACT FOR 19TH ST NE RESURFACING PROJ, GP 1239; REQ $510,000.00 APPROP TRF FR 4501 202210 STREET MAINTENANCE - OTHER TO 4501 202047 19TH ST NE RESURFACING PROJ, GP 1239 - OTHER, $207,500.00 APPROP TRF FR 4501 202260 STREET PAVING - OTHER TO 4501 202047 19TH ST NE RESURFACING PROJ, GP 1039 - OTHER, AND $182,500.00 APPROP TRF FR 4501 202042 FULTON ROAD RESURFACING PROJ, GP 1184 - OTHER TO 4501 202047 19TH ST NE RESURFACING PROJ, CP 1239 - OTHER; REQ $50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 202047 19TH ST NE RESURFACING PROJ, GP 1239 - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. -PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 236. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONSTRUCTION CONTRACT FOR ROADWAY BASE STABILIZATION PROJ, GP 1065; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 237. TREASURER PEREZ: MTHLY RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX ACCT FOR MAY, 2017. - RECEIVED & FILED 238. TREASURER PEREZ: MTHLY RPT OF PARKING METER REVENUE FOR MAY, 2017. - RECEIVED & FILED 239. TREASURER PEREZ: INFORM COUNCIL OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF JAN 31, 2017 THRU MAY 31, 2017. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: We now turn to Ordinances and... uh, for their First Reading, and Formal Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -374- MINUTES OF THE MEETING JUNE 19, 2017 ORDINANCES #1 THROUGH #5 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 4101 LOUISVILLE ST. NE 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 AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR A CREDIT/PURCHASE CARD PROGRAM FOR CITY PURCHASES NOT EXCEEDING $20,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000.00 SUPP APPROP FROM UNAPPROP BAL OF 2216 FHAP YR 13 PSHIP PROJ GR FUND TO 2216 505010 FAIR HOUSING DEPT. - OTHER) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY MORAL OBLIGATIONS TO AULTWORKS, BLACK, MCCUSKEY, SOUERS & ARBAUGH, LPA, OMNI ORTHOPAEDICS, AND MEDPRO GROUP IME SOLUTIONS, LLC; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO AGREEMENT FOR AND ACCEPT $70,500.00 IN GRANT FUNDS FROM THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES; ENTER INTO ALL CONTRACTS NECESSARY FOR THE UPDATE TO CURRENT RMS SOFTWARE AND FOR INSTALLATION, STAFF TRAINING, TESTING OF THE UPDATED SOFTWARE, AND ALL OTHER NECESSARY GOODS OR SERVICES; AUTHORIZING THE AUDITOR TO RENAME THE 2781 THERMAL IMAGING SYSTEM GRANT FUND TO FUND 2781 USE OF FORCE SOFTWARE UPGRADE GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances for their Second Reading. Mr. Clerk, would you please begin with Ordinance #6. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -375- MINUTES OF THE MEETING JUNE 19, 2017 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #6 THROUGH #12 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #6. (2ND RDG) AN ORDINANCE ENLARGING THE BOUNDARIES OF THE AREA OF THE CITY OF CANTON DESIGNATED AS THE HOF VILLAGE 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 PUB HRGS 6/19/17 @ 7:30 PM AND 7/3/17 @ 7:30 PM #7. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 262/2015 TO INCLUDE CERTAIN “PHASE 1 PROPERTY” OF THE HALL OF FAME VILLAGE PROJECT SITE AS “EXISTING PROPERTY” IN THE AREA COVERED BY THE TAX INCREMENT FINANCING PROVISIONS OF OHIO REVISED CODE SECTION 5709.40, EXEMPTING THE IMPROVEMENTS TO SAID “PROPERTY” FROM TAXATION DURING THE TERM OF THE COMPENSATION AGREEMENT AUTHORIZED BY ORDINANCE NO. 261/2015, AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) A RESOLUTION AMENDING RESOLUTION NO. 137/2016 BY THE ADDITION OF PARCEL #5208292; AND DECLARING THE SAME TO BE AN EMERGENCY (TAMSAL FULTON-BLAKE ANNEX) #9. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LAND WITHIN THE CITY #10. (2ND RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A NOTE BY THE CITY OF CANTON IN ANTICIPATION OF THE COLLECTION AND PAYMENT OF INCOME TAXES, GENERAL PROPERTY TAXES, AND MISCELLANEOUS OTHER SOURCES TO THE CITY OF CANTON; DECLARING THE NECESSITY OF THE ISSUANCE OF SAID NOTE PROCEEDS WHICH WILL BE USED FOR THE PAYOFF OF A PREVIOUSLY EXISTING NOTE; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 901001 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -376- MINUTES OF THE MEETING JUNE 19, 2017 CIVIL SERVICE - OTHER) (ADVERTISING FOR OPEN POSITIONS - STREET DEPT, MAYOR’S OFF; POLICE DEPT; FIRE DEPT) #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852002 TREASURER GROWTH INIT SETTLEMENT - OTHER) (JOB CREATION INCENTIVE PAYMENTS) PRESIDENT SCHULMAN: Thank you. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Third Final Reading and Vote. Would you please begin with Ordinance 13. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #13 THROUGH #17 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 133/2017 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 (SOUTH OF STATE ROUTE 30 AND NORTH OF 21ST ST SW, WEST OF BROOKS AVE SW, CANTON, OH) FR R-1A (SINGLE-FAMILY RESIDENTIAL) TO PI-2 (PLANNED HEAVY INDUSTRIAL, FOR MARATHON PETROLEUM) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 133/2017 PRESIDENT SCHULMAN: Motion carries and Ordinance 13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 134/2017 AN ORDINANCE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -377- MINUTES OF THE MEETING JUNE 19, 2017 AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO AGREEMENT FOR AND ACCEPT GRANT FUNDS IN AN AMOUNT NOT TO EXCEED $30,000.00 FROM HUNTINGTON NATIONAL BANK FOR THE IMPLEMENTATION OF THE CITY OF CANTON COMPREHENSIVE PLAN; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($30,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 134/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 15...14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 135/2017 AN ORDINANCE AUTHORIZING THE DISCHARGE OF A PORTION OF THE DEMOLITION LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON THE PROPERTY KNOWN AS PARCEL NO. 224899; AND DECLARING THE SAME TO BE AN EMERGENCY (AMT TO BE WAIVED - $4,384.10) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks under this Ordinance? Hearing none again, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 135/2017 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -378- MINUTES OF THE MEETING JUNE 19, 2017 PRESIDENT SCHULMAN: Thank you. Motion carries Ordinance 15 is adopted. Ordinance 16, please. #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 136/2017 AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (SERV DIR PUBLIC WORKS - WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY & TREATMENT DIV, UTILITY OPERATOR 3 FR 10 TO 18, SEMI-SKILLED UTILITY WORKERS FR 14 TO 4) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Are there any remarks? Leader. MEMBER SMITH: Mr. President, I move we amend Ordinance #16 per the copy that all Council Members have in front of them. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 16 by virtue of the copy before each Member of Council. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16 as amended. MEMBER BABCOCK: Seconded. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 16 by the substitution of the attached revised exhibit for the original proposed exhibit. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16 as amended. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -379- MINUTES OF THE MEETING JUNE 19, 2017 CLERK DOUGHERTY: Ten yeas, Mr. President. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 136/2017 PRESIDENT SCHULMAN: Thank you. Motion carries Ordinance 16 is adopted. Ordinance 17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 137/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND ENTER INTO A UTILITY EASEMENT AGREEMENT WITH THE EAST OHIO GAS COMPANY, DBA DOMINION EAST OHIO, RELATED TO THE RELOCATION OF A GAS LINE IN THE AREA OF MAHONING ROAD NE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks under this Ordinance? Again, hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 137/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 17 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Mr. Hawk. MEMBER HAWK: Thank you, good sir. Calling Finance Committee meeting on Monday, July 3rd at 6:45p.m. PRESIDENT SCHULMAN: July 3rd, thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -380- MINUTES OF THE MEETING JUNE 19, 2017 MEMBER SMITH: CD will also meet at the same time. PRESIDENT SCHULMAN: Thank you. MEMBER SMUCKLER: Mr. President, Annexation will also meet at the same time. PRESIDENT SCHULMAN: Thank you. Any other announcements? Hearing...(Laughter). MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Hearing uh, none...we turn to Miscellaneous Business. Is there any? (Inaudible). PRESIDENT SCHULMAN: Okay. Leader. MEMBER SMITH: Mr. President, I move we adjourn. PRESIDENT SCHULMAN: Wait, wait, before we adjourn... MEMBER SMITH: Oh, I am so sorry. Could we please hear the uh...quote for the week, or whatever? (Laughter). QUOTE FOR THE WEEK CLERK DOUGHERTY: I want you to pay attention over there. (Laughter). Mr. Hall. (Laughter). “Perfection is not attainable but if we chase perfection, we can catch excellence.” Vince Lombardi. MEMBER SMITH: Oh, wow. PRESIDENT SCHULMAN: Alright, Leader. MEMBER SMITH: That is just so touching. Um, I move to adjourn. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAY CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries. Meeting’s adjourned. Have a safe ride home, everyone. ADJOURNMENT TIME: 7:56 PM COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -381- MINUTES OF THE MEETING JUNE 19, 2017 ATTEST: APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT