City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -431- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. Nice to have you all here. We have a very full meeting tonight, so bear with us, we’ll do the best we can. Uh, with a quorum being present, the Chair calls this meeting of 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 yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries, and we will now have our invocation given by my good friend and Ward 4, Chris Smith. If you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on July 31, 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 Ward 4 Council Member, Chris Smith. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Smith. We now turn to Agenda Corrections and Changes. Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #13 through 18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that Rule 22A be suspended to add 2nd Readings... or I’m sorry, to add readings 13 through 18 to this evening’s 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: Motion carries. Those are a part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. We have one Public Hearing tonight. CLERK DOUGHERTY: AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCELS 231680, 225923, 226098, 225813, 244539 & 230980), FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -432- MINUTES OF THE MEETING JULY 31, 2017 SPECIAL BUSINESS) FOR J. LEONARD MASON IN WARD 6, PLANNING COMMISSION RECOMMENDED APPROVAL PRESIDENT SCHULMAN: Is there anyone speaking before or against this? Repeat one more time. Is there anyone in the audience to speak for or against this zone chain... joan cha... zone change, will you please step forward. Hearing none, this will be called later this evening, and that closes that part of the business. OLD BUSINESS PRESIDENT SCHULMAN: Going to Old Business. We have no Old Business according to my good friend, Deputy Mayor. PUBLIC SPEAKS PRESIDENT SCHULMAN: And next we’re on Public Speaks. We do have three public speakers this evening. Our first is Laura Riley. Ms. Riley, if you’ll step forward. I don’t think you’ve ever been here, maybe you haven’t. If you’ll step forward with that microphone, take your time, and when you get to the microphone, then if you’ll give us your name and your residential address, please, and welcome to Canton City Council. LAURA RILEY: My name is Laura Riley, and I reside at 8720 Mapleton Street SE, East Canton, Ohio. But I am... I’m here for non owner occupied residential fee, and it’s at 1401 Vermont Place NE, Canton, Ohio. So that’s what it’s in regards to. Um, I know I have three minutes, but I’m nervous so... PRESIDENT SCHULMAN: Take your time, relax. LAURA RILEY: Um, the issue I have is with the building department. Um, I had paid the 2017 $80.00 registration fee, and they had notified me a month... about a couple months later, that I did not pay 2016, which I didn’t know I didn’t pay it until they had informed me of this. And I went through all my records and I couldn’t find any payment of it, so I don’t doubt it, but then the problem is that I was... I asked that the fee be waived for the 2016, which is $240.00 cause it’s $80.00 plus the $160.00, and at that point they said they couldn’t waive it, I had to get with the Safety Director. So I e-mailed the Safety Director and she was able to waive the fee, but then applied my 2017, which was on time, to 2016, waived the 2016 penalty fee and applied a penalty fee to 2017. So there is where I have my problem. I paid two late fees for one missed payment, and I just feel like I wasn’t given any notification of the... how things operate so... Within my trying to deal with this, I have contacted the Mayor’s Office, I have contacted Mr. Rinaldi, I... I have asked to see the Mayor, I wasn’t given a chance to see the Mayor, I left a message for Mr. Rinaldi, I was not given a call back. I have spoke to Mr. Morris, and he was more than gracious to listen to what I had to say cause he called me back, so I appreciate you calling me back. Um, but the... it’s just I’ve been told over and over it’s like a credit card payment, if you miss a payment then you get a fee, but I’ve never had two late fees for one missed payment. So, and I’ve asked for records to show for this, the policies, the internal policies, to show how payments are received and how they’re carried out and where it’s written that this is how things are applied to the previous year and then making the current year late and you get two penalties. So I... you know, I don’t know if I’m making sense or not (chuckles), but I just don’t think that this is fair. I’m a simple and plain person. I just like to be dealt with fairly and justly. PRESIDENT SCHULMAN: Thank you very much. We don’t disagree with what you’re saying. We’ll look into it and do our best, alright? COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -433- MINUTES OF THE MEETING JULY 31, 2017 LAURA RILEY: Um, but could I at least have a meeting with someone? A formal meeting or... or request some kind of formal written documentation of how policies go? PRESIDENT SCHULMAN: If you could do one thing for us, maybe if you’ll wait until after the meeting is over this evening, then they’ll be somebody that’ll be able to talk to you. Okay? LAURA RILEY: Yes, I can. PRESIDENT SCHULMAN: And by the way, we can’t promise that it’s going to resolve in your favor, but we’ll do our best to at least share with you the information we have. Okay? LAURA RILEY: I understand that. Thank you. PRESIDENT SCHULMAN: Great. Thank you so much. Thank you for coming. Our next speaker is Pete DiGiacomo. Mr. DiGiacomo, as always welcome to Canton City Council. If you’ll give us your name and your residential address, please. PETE DIGIACOMO: My name’s Pete DiGiacomo. I live at (slight hesitation) 600 Dent Place (chuckles) SW, Canton, Ohio. PRESIDENT SCHULMAN: Don’t feel bad. PETE DIGIACOMO: You scared me earlier. PRESIDENT SCHULMAN: Yeah, it scares me too, but don’t worry. PETE DIGIACOMO: Uh, what I wanted to talk about, and I may be off on this a little bit, the bleachers that they set up for the Hall of Fame belong to the city of Canton, and in the past my understanding is that the city of Canton puts out the bleachers, eats the cost, then the Chamber of Commerce sells tickets so people can sit in the bleachers. Doesn’t seem quite right. Doesn’t sit well with me, I’ll put it that way. Uh, I believe now they’re going to be using an outside company. I don’t know if they’re donating their time, Selinsky Force, to be doing the same thing that are city workers were doing, to free I guess our city workers up to do other things for the Hall of Fame, but once again, if it’s costing the city to move bleachers or anything like that and then the Chamber of Commerce sells seats, tickets, that’s... that’s wrong in so many ways. Simple as I can put it. Thank you. PRESIDENT SCHULMAN: Thank you very much. Appreciate it, as always. (Applause) Our next speaker is Richard Manson. Mr. Manson, good evening once again. As always, welcome. If you’ll give us your name and your residential address, please. RICHARD MANSON: Yes, Richard Manson, 601 High Avenue... can you hear me okay? PRESIDENT SCHULMAN: Well, you’re always very quiet, so you have to be a little louder. RICHARD MANSON: I notice I’m... I’m a little bit tall for this mic. I have to almost... Anyways, there are two subjects I was gonna talk about, and since the city council meetings are every other week, I missed the last COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -434- MINUTES OF THE MEETING JULY 31, 2017 couple... uh, I wanted to make it a point to mention, even though the people that would be the most helpful are not present, the Law Director and Safety Director, but the one subject is, some of you may remember it from a couple weeks ago when I mentioned when I was out on a bicycle ride, 30, 40 mile bicycle ride, I was coming back into town and heard an emergency siren, and as I looked behind me saw a Canton City police officer cruiser coming up behind me and they were going left of the double yellow around traffic. And then when I stopped at... in the right lane on Tusc at the red light, they were right behind me. And as I got off the side the one officer was just glaring me down as they drove by. Well, the story ended when... they went to an RTA bus situation. After the situation was over and they were getting ready to leave, I asked them really nicely, did I do something wrong because I noticed they were looking at me intently. And they became very argumentative, and if you remember me mentioning the... the attitude I got was... was unbelievable, and they subsequently threatened me with arrest even though they had no reason to arrest me. And I had asked if I could find out why the Safety Director, she gave me her card and told me to call her the next day or two or within the next week she’d try to find out, and I think ten days went by, and when I saw her in here at a city council meeting she said she couldn’t give me any information about any incident. Uh, I reminded her she gave me her card to call her, so I don’t know why I can’t at least get an answer of why people like me are being threatened with arrest erroneously. That’s all I wanted to know. The other situation is we have a... as you probably heard from others through the last couple years, we have noise issues with stereo systems that are 1,000, 2,000, 3,000 watt stereo systems in cars, and we could actually make a bunch of revenue in the city because Martuccio had mentioned there is a law on the books where officers can ticket anybody with a loud stereo that can be heard more than 50 feet away. Well, it’s not very hard to... I mean, you can hear these blocks away. Uh, why aren’t we going after some revenue to impress upon the point you can’t go around at 11:00 P.M. at night or 1:00 in the morning in a residential area waking people up. That should be revenue that is free and ready to go after, and would send a nice message to people that obviously don’t have enough common sense to respect others. Thank you very much. PRESIDENT SCHULMAN: Thank you very much. (Applause) And we’ll take that under advisement, I can tell you. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. Uh, we have one this evening. Mr. Clerk. 29. COUNCIL-AS-A-WHOLE: AMENDING PROCEDURE RULE #2 “REGULAR MEETINGS” BY CHANGING TIME OF REGULAR COUNCIL MEETINGS FR 7:30 PM TO 7:00 PM, EFFECTIVE AUGUST 14, 2017. - ADOPTED CLERK DOUGHERTY: Resolution submitted by Council-as-a-Whole on this 31st day of July, 2017. Whereas, pursuant to “Rules of Council” Rule #46, “Amending Council Rules,” Canton City Council is amending Council Rule #2, “Regular Meetings;” and Whereas, after polling the public, as well as discussions with members of Council, the Administration and the Law Department, it has been decided to change the time for commencement of regular meetings of Council from 7:30 P.M. to 7:00 P.M. effective August 14, 2017. Now, Therefore Be It Resolved: that we the Members of Council of the City of Canton do hereby go on public record amending Rule #2, “Regular Meetings.” Effective August 14, 2017, and continuing COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -435- MINUTES OF THE MEETING JULY 31, 2017 thereafter, all regular meetings of Council will commence at 7:00 P.M. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #29. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 29. Are there any remarks to this? This is somewhat of a dramatic change I would say, maybe, but we hope we’re doing the right thing for the people that we represent obviously. Uh, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #29 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries, and the Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JULY 31, 2017. 280. AGENT FOR PETITIONER, SLIMAN: COPY OF NEW ANNEX MAP AND LEGAL DESCRIPTION CLARIFYING LIMITED ACCESS HIGHWAY INFO FOR TAMSAL-FULTON DR NW ANNEX. - RECEIVED & FILED 281. FINANCE DIRECTOR CROUSE: AMEND APPROP O#41/2017; EMERGENCY ($14,500.00 SUPP APPROP TRF FR 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO 1001 201001 SERVICE DIRECTOR ADMIN - OTHER - $7,000.00, TO 1001 501101 HUMAN RESOURCES ADMIN - OTHER - $7,500.00). - FINANCE COMMITTEE 282. FINANCE DIRECTOR CROUSE: AMEND APPROP O#41/2017; EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT DMV FUND TO 6041 208010 SERVICE AND REPAIR - OTHER). - FINANCE COMMITTEE 283. HEALTH COMMISSIONER ADAMS: AMEND APPROP O#41/2017 ($25,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2320 NURSING CLINIC ACTIVITY FUND TO FUND 2320 303002 NURSING CLINIC ACTIVITY FUND - 700 OTHER). - FINANCE COMMITTEE 284. LIQUOR CONTROL DIV (OHIO): REQ NEW D5I PERMIT FOR AVI FOOD SYSTEMS INC @ 1835 HARRISON AVE NW. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -436- MINUTES OF THE MEETING JULY 31, 2017 285. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 PERMIT FOR FAMILY DOLLAR STORES OF OHIO INC, DBA FAMILY DOLLAR 2035 @ 1908 CLEVELAND AVE NW. - RECEIVED & FILED 286. LIQUOR CONTROL DIV (OHIO): REQ NEW D2 PERMIT FOR DIPIETRO ENTERPRISES NO 1 INC, DBA PIZZA OVEN @ 3201 W TUSCARAWAS ST & PATIO. - RECEIVED & FILED 287. PARKS & REC DIRECTOR GORDON: AUTHORIZE PARKS & REC DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE ANY AND ALL NECESSARY CONTRACTS FOR KING PARK RENOVATION PROJ; ALTERNATIVELY AUTHORIZE PARKS & REC DIR TO ENTER INTO ANY AND ALL NECESSARY CONTRACTS FOR KING PARK RENOVATION PROJ USING ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - PARKS & REC AND FINANCE COMMITTEES 288. SAFETY DIRECTOR PERRY: REQ APPRVL TO ALLOW CPD TO RECEIVE GRANT FUNDS FR NORTHERN OH VIOLENT CRIME CONSORTIUM (NOVCC) IN CONJUNCTION WITH KENT STATE UNIV.; AMEND APPROP O#41/2017; EMERGENCY ($17,793.00 SUPP APPROP FR UNAPPROP BAL 2770 - 2016 LOCAL SOLICITATION BYRNE GRANT TO 2770 102001 POLICE ADMIN - OTHER). - FINANCE COMMITTEE 289. SAFETY DIRECTOR PERRY: AUTHORIZE AUDITOR TO PAY MORAL OB TO A CUT ABOVE TREE SERVICE, LLC IN AMT NOT TO EXCEED $10,500.00 FOR TREE SERVS RELATED TO CITY OF CANTON NEIGHBORHOOD INITIATIVE PROGRAM, PHASE III; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 290. SERVICE DIRECTOR BARTOS: LTR INFORMING COUNCIL THAT CITY WILL NOT ENTER INTO PROJECT LABOR AGMT (PLA) FOR ROADWAY BASE STABILIZATION PROJECT, GP 1265. - RECEIVED & FILED 291. SERVICE DIRECTOR BARTOS: AUTHORIZE AUDITOR TO PAY MORAL OB TO STANDARD PLUMBING AND HEATING CO. IN AMT NOT TO EXCEED $8,354.65 FOR SERVICES RELATED TO CITY HALL FLOODING EVENT; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY . - FINANCE COMMITTEE 292. TREASURER PEREZ: COMPARATIVE RPTS OF INCOME TAX RECEIPTS FOR JANUARY 2017 THRU JUNE 2017. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for their Fir... First Reading. Mr. Clerk, would please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #12 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -437- MINUTES OF THE MEETING JULY 31, 2017 #1. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE HOF VILLAGE #4 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 AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR THE RECEIPT OF THE FY 2018- 2019 PROBATION IMPROVEMENT & INCENTIVE GRANT IN THE AMOUNT OF $88,822.00; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($88,822.00 SUPP APPROP FR UNAPPROP BAL OF 2765 PROBATION IMPROVEMENT & INCENTIVE GRANT FUND TO 2765 701001 PROBATION IMPROVEMENT & INCENTIVE GRANT - PERSONNEL) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2018 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($170,601.00 SUPP APPROP FR UNAPPROP BAL OF 2767 MISDEMEANANT JAIL DIVERSION GRANT FUND TO 2767 MISDEMEANANT JAIL DIVERSION GRANT FUND - OTHER) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($13,750.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASE FUND TO 4502 103501 CENTRAL COMMUNICATION ADMIN - OTHER) Referred to Public Property Capital Improvement Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,163,656.00 SUPP APPROP FR UNAPPROP BAL OF 2211 COMMUNITY DEVELOPMENT FUND TO 2211 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $388,896.00 SUPP APPROP FR UNAPPROP BAL OF 2214 HOME FUND TO 2214 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $213,203.00 SUPP APPROP FR UNAPPROP BAL OF 2219 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -438- MINUTES OF THE MEETING JULY 31, 2017 EMERGENCY SHELTER GRANT FUND TO 2219 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER) Referred to Community & Economic Development Committee #6. (1ST RDG) 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 (PARCEL NOS. 224034, 244037, 229347, 244039, 244041, 244044, AND 244029 @ 2213 CLEVELAND AVE NW FROM R-1A (SINGLE-FAMILY RESIDENTIAL) AND B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS DISTRICT FOR GROFFRE INVEST & JEFFRIES BROS EXCAVATING & PAVING INC.) Referred to Judiciary Committee PUB HRG 8/28/17 @ 7:30 PM #7. (1ST RDG) 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 (PARCEL #245005 @ 115 BROAD AVE NW FROM R-1A (SINGLE-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR STEPHANIE DONAHUE) Referred to Judiciary Committee PUB HRG 8/28/17 @ 7:31 PM #8. (1ST RDG) 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 (PARCEL #245905 @ 2110 - 8TH ST NE FROM R-1A (SINGLE-FAMILY RESIDENTIAL) TO PB-4 (PLANNED SPECIAL BUSINESS FOR MOTOR VEHICLE STORAGE) Referred to Judiciary Committee PUB HRG 8/28/17 @ 7:32 PM #9. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 1158, HALL OF FAME VILLAGE DISTRICT OF PART ELEVEN, PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES BY THE ADDITION OF SECTION 1158.19 - SIGNS PERMITTED IN HOFV ZONING DISTRICT REQUIRING A PERMIT Referred to Judiciary Committee PUB HRG 8/28/17 @ 7:33 PM #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A 5 YEAR CONTRACT FOR THE LEASE OF APPROXIMATELY 274 ACRES OF CITY OF CANTON PROPERTY AT THE SUGARCREEK WATER TREATMENT PLANT FOR FARMING PURPOSES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement and Finance Committees #11. (1ST RDG) ADOPTED AS ORDINANCE NO. 157/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($25,603.00 SUPP APPROP FR UNAPPROP BAL COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -439- MINUTES OF THE MEETING JULY 31, 2017 OF 2321 IMMUNIZATION ACTION GRANT FUND TO 2321 301001 IMMUNIZATION ACTION GRANT - 700 - OTHER) Referred to Finance Committee #12. (1ST RDG) ADOPTED AS ORDINANCE NO. 158/2017 AN ORDINANCE VACATING PORTIONS OF BARR AVENUE N.W., WOODWARD PLACE N.W., AND 21ST STREET N.W.; APPROVING AND ACCEPTING THE REPLAT OF THE VACATED STREETS AND LOTS 43052-43066, 43077, 43079, 43137, 43138, 43146-43159, 43178, 43211-43214, 43237, 43238, 43239 AND PART OF OUT LOTS 1377 AND 1378; AND DECLARING THE SAME TO BE AN EMERGENCY (WARD 7, FOR HOF VILLAGE LLC) Referred to Public Safety & Thoroughfares Committee NO PUB HRG - WAIVERS ATTACHED PRESIDENT SCHULMAN: At this time the Chair will declare an in-house recess for the committees... uh for Finance and Public Safety and Thoroughfares Committee to meet in regard to this issue. You are now in recess. Thank you. (COUNCIL RECESSED AT 7:50 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE O#11; RECONVENED AT 7:51 PM) (COUNCIL RECESSED AT 7:51 PM FOR THE PUBLIC SAFETY & THOROUGHFARES COMMITTEE TO DISCUSS ORDINANCE O#12; RECONVENED AT 7:53 PM) PRESIDENT SCHULMAN: Council will reconvene after its recess. Leader. MEMBER MORRIS: Mr. President, I move that we suspend Rule 22A to place Ordinances #11 and 12 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 11 and 12 back on this evening’s 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. Motion carries. Ordinances 11 and 12 are a legal part of your agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules for Ordinances #11 and 12. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -440- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance #12. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #11. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 157/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 11 is adopted. Ordinance 12, please. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12. 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. #12 ADOPTED AS ORDINANCE NO. 158/2017 PRESIDENT SCHULMAN: Motion carries, and the Ordinance is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Second Reading Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, would you please again... uh, not again. Would you please begin with Ordinance #13. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -441- MINUTES OF THE MEETING JULY 31, 2017 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #13 THROUGH #18 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#13, O#15, O#17 & O#18 ADOPTED ON 2ND RDG): #13. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 159/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ( $50,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 753001 LAW DEPT - PERSONNEL) #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($23,000.00 SUPP APPROP FR UNAPPROP BAL OF 2659 PROBATION AWARD FUND TO 2659 701001 PROBATION AWARD FUND - OTHER) #15. (2ND RDG) ADOPTED AS ORDINANCE NO. 160/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($372,642.39 SUPP APPROP FR UNAPPROP BAL OF 2815 FEMA SAFER GRANT FUND TO 2815 103001 FIRE ADMIN - OTHER) #16. (2ND RDG) AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2018; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) ADOPTED AS ORDINANCE NO. 161/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE 13TH STREET NW LIFT STATION ELECTRICAL PANEL REPLACEMENT PROJECT, GP 1254; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206319 13TH ST NW LIFT STATION ELECTRICAL PANEL PLACEMENT, GP 1254 - OTHER) #18. (2ND RDG) ADOPTED AS ORDINANCE NO. 162/2017 AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH HUD A 2017 ANNUAL ACTION PLAN FOR THE 2017 COMMUNITY DEVELOPMENT BLOCK GRANT, 2017 HOME INVESTMENT PARTNERSHIP, AND 2017 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFYING SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE THREE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -442- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: Thank you. Leader. MEMBER MORRIS: Mr. President, I move that we suspend Statutory Rules for Ordinances #13, 15, 17 and 18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinances 13, 15, 17 and 18, is that correct? MEMBER MORRIS: That is correct. MEMBER SMITH: Yes. PRESIDENT SCHULMAN: All those... any com... anybody want to comment? Alright, Leader. CLERK DOUGHERTY: I’ll do roll call. PRESIDENT SCHULMAN: Yes. Yeah, roll call. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader. MEMBER MORRIS: I move we adopt Ordinance #13. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Leader. MEMBER MORRIS: I move we amend Ordinance #13 per a copy all Council Members have before them. MEMBER SMITH: Second. AMENDMENT: Pursuant to Rule 36, I move to amend Agenda Item No. 13 by the substitution of the attached revised ordinance for the original proposed ordinance. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -443- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance 13. Uh, any remarks? 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. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13 as amended. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 13 as amended. 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 AMENDED AS ORDINANCE NO. 159/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 13 as amended is adopted. Turning now to Ordinance 15. MEMBER MORRIS: Mr. Pres... Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to 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. 160/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 15 is adopted. Ordinance 17. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 17. Any remarks? Hearing none, roll call vote please. Or, Leader. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -444- MINUTES OF THE MEETING JULY 31, 2017 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas Mr. President. #17 ADOPTED AS ORDINANCE NO. 161/2017 PRESIDENT SCHULMAN: Motion carries, thank you, and Ordinance 17 is adopted. Ordinance 18, please. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 18. 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. #18 ADOPTED AS ORDINANCE NO. 162/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 18 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Turning now to Second Reading Ordinances... MEMBER MORRIS: Nope, third. PRESIDENT SCHULMAN: ...and Ordinances for their First Reading, or for their Third Reading, I’m sorry. Uh, Leader. No, sorry. MEMBER MORRIS: No, Member Dougherty... or, Member Dougherty... Clerk Dougherty. CLERK DOUGHERTY: Ordinance 19. PRESIDENT SCHULMAN: Yes, Ordinance 19. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #19 THROUGH #28 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 163/2017 AN ORDINANCE ESTABLISHING THE FAIR MARKET VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -445- MINUTES OF THE MEETING JULY 31, 2017 (PARCEL: 02-03042; LOT #18403 WH & PART LOT 18404, LOCATED ON 6TH ST NE, $976.19 TO DORIS TURNER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 19. Anything... any remarks? 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. 163/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 19 has been adopted. Ordinance 20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 164/2017 AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CANTON, OHIO TO BE A PUBLIC PURPOSE; DECLARING SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; DESIGNATING IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING AN URBAN REDEVELOPMENT TAX INCREMENT EQUIVALENT FUND; CREATING A TAX INCENTIVE REVIEW COUNCIL; ADOPTING CERTAIN CITY NONDISCRIMINATORY HIRING POLICIES FOR TAX EXEMPTION RECIPIENTS; AND RELATED AUTHORIZATIONS PURSUANT TO OHIO REVISED CODE CHAPTER 5709; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 20. Any remarks under this Ordinance? 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. 164/2017 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -446- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 20 is adopted. Ordinance 21, please. #21. (3RD RDG) POSTPONED UNTIL AUGUST 14, 2017 A RESOLUTION DETERMINING THE NECESSITY TO PROCEED WITH THE IMPLEMENTATION OF THE PUBLIC SERVICE PLAN ADOPTED BY THE DOWNTOWN CANTON SPECIAL IMPROVEMENT DISTRICT; DECLARING THE NECESSITY TO PROCEED WITH A SPECIAL ASSESSMENT FOR THE FUNDING OF SAID PLAN FOR THE PERIOD OF FIVE YEARS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 21. Any remarks? MEMBER MORRIS: Mr. President, (inaudible voices). It’s okay. I’m... I’m a pretty good at this a job. (Laughter) Mr. President, I move we postpone this Ordinance till 8-14 of 2017. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone this Ordinance till August 14th, 2017. Any remarks? MEMBER MORRIS: Yes, sir, Mr. President. Uh, after conversations with yourself and Finance Chairman Mariol, the Finance Committee would like to take a second look at this Ordinance before we bring it down and pass it. Uh, this has been communicated to the folks within the SID, and they’re understanding that this should only be a two week delay. PRESIDENT SCHULMAN: Very good. Thank you. CLERK DOUGHERTY: (Inaudible) PRESIDENT SCHULMAN: Motion to postpone. CLERK DOUGHERTY: No. PRESIDENT SCHULMAN: Uh, yeah. CLERK DOUGHERTY: (Inaudible) PRESIDENT SCHULMAN: Voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -447- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: The ayes have it, the motion carries, and this is postponed. Uh, turning to the next... 21.... 22. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 165/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($43,805.00 SUPP APPROP FR UNAPPROP BAL OF 2415 GUARDRAIL/ATTENUATOR REPLACEMENT FUND TO 2415 202210 MAINT -OTHER - $10,000.00, TO 2415 753001 LAW - OTHER - $33.805.00) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 22. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 165/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 22 is adopted. Ordinance 23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 166/2017 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUT LOT 838; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #304676, 4123 LESH ST NE, WARD 6, FOR MAX SOLOMON) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 23. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 166/2017 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -448- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: Thank you. Motion carries and Ordinance 23 is adopted. Ordinance 24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 167/2017 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOTS 7741 AND 7742; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 239102 & 213953, 712 SHORB AVE NW, WARD 2, FOR ARETHA FRANCIS) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 24. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 167/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 24 is adopted. Ordinance 25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 168/2017 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 10895 AND 10828 - 10833; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 231680, 225923, 226098, 225813, 244539 & 230980, 2333 MAHONING RD NE IN WARD 6 FOR J. LEONARD MASON) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #25. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 25. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 168/2017 PRESIDENT SCHULMAN: Ordinance 20... what was that, 25, 26? COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -449- MINUTES OF THE MEETING JULY 31, 2017 CLERK DOUGHERTY: That was 25. PRESIDENT SCHULMAN: 25 is adopted. Ordinance 26, please. Thank you. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 169/2017 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 (PARCELS 231680, 225923, 226098, 225813, 244539 & 230980, WARD 6, FR B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS) PUB HRG 7/31/17 @ 7:30 PM PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 26. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 169/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 26 is adopted. Ordinance 27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 170/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A ONE YEAR CONTRACT WITH THE STARK METROPOLITAN HOUSING AUTHORITY FOR VEHICLE MAINTENANCE AND FUEL SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #27. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 27. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -450- MINUTES OF THE MEETING JULY 31, 2017 #27 ADOPTED AS ORDINANCE NO. 170/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 27 has been adopted. Ordinance 28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 171/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A SOLE SOURCE PURCHASE AGREEMENT WITH NALCO COMPANY, LLC FOR THE PURCHASE OF PERMACARE MPE50; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206005 OPERATING AND MAINT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #28. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 28. 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. #28 ADOPTED AS ORDINANCE NO. 171/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 28 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcements of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman. MEMBER MARIOL: The Finance Committee and Public Property Capital Improvement Committee will be meeting August 14th at 6:30. PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: C.D. will also be meeting at the same time. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -451- MINUTES OF THE MEETING JULY 31, 2017 PRESIDENT SCHULMAN: Thank you very much. Anyone else? MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MACK: Judiciary will meet same time and same place. PRESIDENT SCHULMAN: Thank you. CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: Don’t forget, we start at 7:00. PRESIDENT SCHULMAN: 7:00 o’clock. CLERK DOUGHERTY: The next meeting. Do you want to re... revise that? MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: We’ll be meeting at 6:00 o’clock. MEMBER MACK: Same for Judiciary. PRESIDENT SCHULMAN: Anybody else? CLERK DOUGHERTY: Annexation. PRESIDENT SCHULMAN: Annexation? MEMBER MORRIS: Well, I thought he said 6:45. CLERK DOUGHERTY: Annexation. MEMBER MORRIS: Yeah, yeah, we’re at the same... same place, same bat channel, we’re here. I... I’m still dumbfounded by his... I thought he said 6:45, and then he all... UNIDENTIFIED VOICE: No, he said 6:30. MEMBER MORRIS: Then he... all of a sudden he said 6:00. CLERK DOUGHERTY: Community and Economic Development? COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -452- MINUTES OF THE MEETING JULY 31, 2017 MEMBER MARIOL: 6:30 to 6:00... MEMBER MORRIS: Okay, I’m good, half hour, yep. I’ll be here. CLERK DOUGHERTY: Member Smith. MEMBER SMITH: I’m sorry, I called mine. CLERK DOUGHERTY: Okay, thank you. MEMBER SMITH: You’re welcome. PRESIDENT SCHULMAN: Good job, Member Smith. Uh, anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business because before that, or after that, we’re gonna have our thought of the week. So I don’t want to forget that again like I do every time. In any case, any Miscellaneous Business? SERVICE DIRECTOR BARTOS: Mr. President. PRESIDENT SCHULMAN: Yes. SERVICE DIRECTOR BARTOS: Just a quick update on the Rover matter since I didn’t get to do that during committee. Um, Rover has begun moving forward with the items that were contained in the order that... uh, that came from Ohio EPA, or many of the... the items. That sets... uh, I think a very positive turn of events for the city of Canton. They’ve provided OEPA with the mandated ground water sampling and analysis plan. OEPA has provided some comments back, and they’ve asked the city of Canton actually to review the plan as well and provide it with any comments or critiques that we may have or concerns. So Tyler Converse, Superintendent Converse, and also Linda Aller from Bennett and Williams will be reviewing the plan and providing the OP... OEPA with any comments that we might have this week. Uh, tomorrow Rover will actually begin the mandated water testing of our Sugarcreek well field at... at our Sugarcreek plant. Um, and they’ll also be taking duplicate... uh, duplicative samples, so they’ll take a sample for themselves to do the testing and they’ll also be leaving us with a sample so we can basically, you know, check... check all the results. But we... uh, we man... mandated that the license agreement we... we, gave them for the testing purposes, but they’ll be doing the well testing that was required of them, and also tomorrow they’ll be meeting with city of Canton personnel, Linda Aller from Bennett and Williams, out on city of Canton property between the dump site and our well field to begin looking at locations for monitoring wells, which was also a mandated requirement. So they’re beginning the process of the... moving forward with the well fields and I be... or, the monitoring wells, and I believe they want to begin the process of drilling those as soon as August 14th. So they’re really moving forward with that, and then just in, Tyler Converse received an e-mail late today that on Wednesday, according to the OEPA, Rover will actually begin the... the actual cleanup of the... of the material that was dumped in the quarry site. So the cleanup and removal will actually begin and will be overseen by the OEPA, will take probably the better part of our August according to Mr. Converse’s contact, but it will hopefully kick off here this week, but they’re anticipating that to begin on Wednesday, so some very positive turn of COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -453- MINUTES OF THE MEETING JULY 31, 2017 events. We’ll continue monitoring those, we’ll continue keeping you updated, but between Superintendent Converse, Linda Aller from Bennett and Williams and also Steve Samuels, our environmental attorney, I think we have the best team that we can possibly have on this. So, thank you. PRESIDENT SCHULMAN: Well, I’d just like to say you’ve done... all of you have done a magnificent job, should be very proud of yourselves. I know we are all proud of what you’ve done. Um, this is the future basically. This is what we’re gonna have to put up with for the future, for at least the considerable future. So, we thank you very much for your effort and time, and thank everyone else on our behalf too. Anyone else? Uh, we do have a thought for the day. Clerk Dougherty. QUOTE FOR THE WEEK CLERK DOUGHERTY: Thank you, thank you. PRESIDENT SCHULMAN: You’re welcome. CLERK DOUGHERTY: “The most important single ingredient, in the formula of success, is knowing how to get along with people.” - Teddy Roosevelt. UNIDENTIFIED VOICE: Sell one to Dave Dougherty. (Laughter) PRESIDENT SCHULMAN: Any... any other remarks? Uh, hearing none, Mr. Clerk. CLERK DOUGHERTY: Move to adjourn. MEMBER MORRIS: I move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. NO REMARKS ROLL CALL 12 YEAS, 0 NAY CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion to adjourn is granted. (Gavel falls) Have a wonderful day, everyone, and a wonderful week. ADJOURNMENT TIME: 8:15 P.M. ATTEST: 8/1/17 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT