City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -530- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: Good evening everyone. Welcome to Canton City Council. We appreciate you being here. With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 11 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) ELEVEN COUNCIL MEMBERS PRESENT (MEMBER MACK ABSENT) CLERK DOUGHERTY: Eleven present, one absent. Eleven present, one absent. PRESIDENT SCHULMAN: Thank you. Leader. EXCUSING MEMBERS MEMBER MORRIS: Mr. President, I move we excuse uh...excuse Member Mack from this evening’s meeting. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Mack from this evening’s meeting. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and Member Mack is excused from this evening’s meeting. We turn now to uh...our invocation. Our invocation is given by my good friend, Nate Chester. If you’ll all stand and remain standing please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on September 25, 2017 at 7:00 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 Ward 2 Council Member, Nathaniel Chester. The Pledge of Allegiance was led by President Schulman. 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 Reading Ordinances #9 through #17, and Ordinance #8 will be retained in committee. MEMBER SMITH : Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -531- MINUTES OF THE MEETING SEPTEMBER 25, 2017 Ordinances 2 through 17, and Ordinance uh, 8, will be retained in Committee. Any remarks? Hearing none, roll call vote please. (Note: President Schulman said Ordinances 2 through 17, however Rule 22A was suspended for Ordinances 9 through 17) NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Rule 22A is suspended and the Ordinances are a legal part of your agenda PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to uh....Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business. We have no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning now to Public Speaks. We do have Public Speaks, and our first public speaker is Katherine Baylock. If you’ll step forward ma’am. Good evening. Will you step forward. You did sign up, didn’t you? KATHERINE BAYLOCK: Yes I did. PRESIDENT SCHULMAN: Come on up and give us your name and your residential address, and welcome. KATHERINE BAYLOCK: Thank you. My name is Katherine Baylock. I reside at 325 Cornelia Avenue NE, Canton, Ohio. And my reason for wanting to have words this evening, um...is because of a property that’s on Cornelia Avenue, 322 Cornelia Avenue NE. We’ve been having to call the city about the grass being cut and the house just looks terrible, and I’m sure nobody in here would want that house in their neighborhood, on their street. So, all of you that’s sitting in here, I extend an invitation for you to drive on Cornelia Avenue and look at 322 Cornelia Avenue property, and tell me what you think about it. PRESIDENT SCHULMAN: Have you made previous complaints? KATHERINE BAYLOCK: Yes. PRESIDENT SCHULMAN: In city...I’m sorry...in City Council? Have you made any complaints? KATHERINE BAYLOCK: Yes, not only myself, but other people have also. Numerous people that are in the Association, and the Association...the Neighborhood Association has called Affairs of the Community, and they have called also, about that property. So, I really would appreciate if something is done about it. PRESIDENT SCHULMAN: We agree. Thank you. KATHERINE BAYLOCK: So...you’re cut...I’m finished? COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -532- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: No, you’re more than welcome to continue. KATHERINE BAYLOCK: Okay. I was told that Mr. Smuckler is the man to see about it, he’ll get the job done. (Laughter). That’s what I was told. (Laughter). UNIDENTIFIED VOICE: Old Bill! (Laughter). KATHERINE BAYLOCK: So, I’m going to say it again, 322 Cornelia Avenue. And it’s not nice at all. It really isn’t. I’ve been in that neighborhood almost forty years and I just don’t know why it’s just sitting there like that. PRESIDENT SCHULMAN: I will assure you Member Smuckler will take care of it. (Laughter). KATHERINE BAYLOCK: Okay, We gonna see. With all your support. PRESIDENT SCHULMAN: With all of our support. KATHERINE BAYLOCK: Okay, alright. PRESIDENT SCHULMAN: Thank you very much. (Applause). Our next speaker is Michael Steward. Mr. Steward, good evening. Welcome. If you’ll step forward and give us your name and your residential address please. MICHAEL STEWARD: My name’s Michael Steward, and 2440 Whipple Avenue NW. My regards is real short. It’s about the exit ramp, Everhard Road exit there. Get off, East. My suggestion is to eliminate the whole Exit 10...B completely, and it’ll eliminate all the problem cause there...a half mile before you get off and get on Exit 109, you go East and West, to eliminate the whole exit 109B, eliminate all the problems. (Inaudible). So, that’s it. PRESIDENT SCHULMAN: Thank you very much, appreciate it. MICHAEL STEWARD: Uh huh, yep. PRESIDENT SCHULMAN: Thank you. (Applause). Our next speaker is Jan Schueler. Ms. Schueler, good evening. Welcome. If you’ll give us your name though, and residential address, please. JAN SCHUELER: My name is Jan Schueler and I live at 1575 24th St. NW in Canton. And I... PRESIDENT SCHULMAN: Good evening. JAN SCHUELER: Oh, good evening. I brought back...I brought a little uh...show and tell here. Uh, these are little stones I gathered off of my road with chip and seal and I gathered them from the edge of the road by the curb, I gathered them from on the curb, I gathered from on the sidewalk, and I gathered them from in the middle of the street. So...uh...the guy that was giving the speech up there before said that they swept the street five to seven days after they did this. Well, chip and seal, you’re supposed to um, sweep the street four hours after you do it, and another day or two later. Well, nobody’s been sweeping my street unless they have a little COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -533- MINUTES OF THE MEETING SEPTEMBER 25, 2017 gremlin with a whisk broom, um...because there’s all these loose stones. And there’s loose stones that go out into 25th Street from Roberts and people are skidding on them, and um...we have a lot of noise from the tires and we have a lot of dust, and...it said that uh, online, that the streets must be in decent shape to do this. Well, the people just went over weeds and everything else, and now there are weeds coming up through the chip and seal things. And 23rd St. is supposed to be a bike path and uh, I used to ride a bike a lot, and I steered away from chip and seal streets because it was too hard to ride on. Now, there is a thing called slurry seal, which uses much smaller stones than these here. I doubt if you’d like to have this thrown at your car while it’s sitting on the street and have the windshield cracked or the paint scratched. So, I just...I’m not a big fan of chip and seal, especially, I think, whenever they have to plow the snow. If these stones are going to go up into the grass, and on the sidewalk and everywhere else. So, that’s all I have to say. PRESIDENT SCHULMAN: Thank you very much, ma’am. We appreciate it. Thank you. (Applause). Our next speaker is Dave Ferris. Good evening. Welcome, sir. If you’ll give us your name, I think I mispronounced your name. I apologize. DAVE FETTERS: Dave Fetters. PRESIDENT SCHULMAN: Thank you. DAVE FETTER: 2801 Wood Owl Street. First of all I want to apologize for my outburst, I didn’t...I was kind of in the moment. Uh, I just want to say that this chip and seal stuff...it’s coming into...like Mr. Zachary said in the first place, it’s coming into our homes. I have bruises on the bottom of my foot cause I like to walk around my house barefoot. Now, I walked through my kitchen several times and I stepped on these stones. It brought them in the house because we’re dragging them in our...on our boots, our shoes, or whatever you’re wearing. We’re bring them in our house, they’re scratching up our floors, linoleum floors, wood floors, whatever you go in there. They’re getting into our carpet and we got to sweep it all up. So, my...and, and once again as I referred to last week, my son still wants to run out in the street because he sees the stones out there. I don’t want my son running in the streets. I don’t want my son hit by a car. So, that’s all I have to say about that. The other thing I wanted to uh, bring up is, I’ve called several times and I mentioned also last week that Ms. Tonya’s house...Tonya Johnson...I’ve called on several occasions to say something about her lawn and I don’t know what Council people came out to our properties on Wood Owl last...what was it...Wednesday? MEMBER SMITH: Wednesday, Tuesday and Wednesday. DAVE FETTERS: Tuesday and Wednesday? Did you see Ms. Tonya’s house? MEMBER SMITH: Yes. DAVE FETTERS: How decrepit it looks... MEMBER SMITH: I’ll talk to you about it afterwards. DAVE FETTERS: And, and as far...I just heard from another uh...friend of mine that was on Facebook, that her sons put on Facebook that somebody just recently broke into that house. Now, I don’t know if it’s because COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -534- MINUTES OF THE MEETING SEPTEMBER 25, 2017 that the grass is grown up and the house looks so decrepit, but something needs to be done about that house and I would appreciate it, as uh, I believe this woman spoke, about something coming and taking care of own lawns that sit next...that are vacant, or..er...somebody’s just not mowing. Thank you. (Applause). PRESIDENT SCHULMAN: Our last speaker is Brenda Baylor. Good evening, welcome as always. If you’ll step forward and give us your name and your residential address. Thank you coming. BRENDA BAYLOR: Thank you. I’m Brenda Baylor. I live at 2722 Wood Owl St. NE, and again, as those of us who are here on this chip and seal, I just asked someone how many chip and seal streets can be done as opposed to one paved street, and I was told seventeen. I don’t know...that’s amazing to me. So, anyway you look at it, in my opinion, it still is ridiculous because if you did three more street, as opposed to...you have to do seventeen chip and seals, to compensate for one paved street, I’m not a real mathematician, in fact...uh...when it got to algebra I was not good at all; however, that’s a lot of rhetoric that I don’t understand, but I don’t consider myself to be ignorant because I want to know the answer. There are a lot of things that we are told, “Oh, well this is happening because of this, and these numbers and this, or these numbers or that”, and in about two seconds time, most of us are so confused until we just want to tell them to shut up, I don’t want to hear anymore because I don’t understand it. And that is the premise in which many organizations work. They work on the ignorance of people. If they don’t know what I’m talking about, then I can go ahead and do what I want to do. I can’t imagine that you are paying the people who are doing the chip and seal, the workers, less to do seventeen streets, before they do one that is a paved street. I’m thinking that their pay is the same. I’m thinking that the cost of the equipment is the same. So, some kind of way it seems to me, wouldn’t it be better to leave the streets that are not in that bad of condition and go ahead and pave a few more? Because bottom line is, if you’re paving four more streets, than that’s four more streets that are done. I think I heard them say four to seven years? We have not had our done since I’ve been here and it was done before I moved there, so that’s seventeen years. So, if you add seven years to it. Hey, you can do the numbers, but you see, that’s a lot of years. And so, you know, we don’t know when that chip and seal’s gonna be gone and I personally hate it. I wanna see it gone. It’s not pretty, and I live in a pretty area, and I would like to see it stay that way. I don’t know of any streets that have chip and seal on it, that I have seen, that is pretty. But when you go down a paved street, it’s an immediate reaction. I don’t care where it is. You go down that street and say, “Oh wow, this looks really good.” And it enhances the whole street. So, I don’t understand this, I don’t understand the numbers. I would like to. Let somebody explain to me how that can be. You’re paying workers, and I know my time is almost up, to do seventeen streets and then pave one. Same amount of money, except obviously for the materials, and I would like to see this stopped because there’s more people than us obviously, who are complaining about this crap. Ok, it hurts, it’s ridiculous, and you can’t do anything with it, other than get it in your house and tear up your floors. Thank you very much. (Applause). PRESIDENT SCHULMAN: Thank you very much. Thank all of our speakers this evening. We appreciate it. We do listen to you, I hope you know that, and uh, we’re trying to do what’s best, and we will respond to any legitimate complaint you have. Any legitimate complaint you have, and this happens to be a legitimate complaint. I hear you. We all hear you. There are some things though that should be discussed in more detail. We are more than happy to do that. You know that. We’re always here for you and if you have questions, if you want to make appointments, please. Because there are some issues here that should be addressed. But we want to thank you again, as always, for coming. We appreciate it. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -535- MINUTES OF THE MEETING SEPTEMBER 25, 2017 INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Uh, we’re now under Informal Resolutions. We have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: We turn now to...uh...Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED SEPTEMBER 25, 2017. 368. AUDITOR MALLONN: REQ RE-ISSUANCE AND SALE OF REVITALIZATION ANTICIPATORY NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 FOR DEMO OF DETERIORATING STRUCTURES AND IMPROVEMENT OF THOSE SITES. - FINANCE COMMITTEE 369. COURT ADMIN KOCHERA: REQ $170,601.00 APPROP TRF FR OTHER MISDEMEANANT JAIL DIVERSION GRANT FUND #2767-701001 TO PERSONNEL MISDEMEANANT JAIL DIVERSION GRANT FUND #2767-701001. - FINANCE COMMITTEE 370. DEPUTY MAYOR WILLIAMS: ESTABLISH BOARD OF DIRECTORS FOR CANTON INNOVATION DISTRICT COMPOSED OF MAYOR OR DESIGNEE, MEMBER OF CITY COUNCIL APPOINTED BY MAYOR, STARK CTY COMMISSIONER OR DESIGNEE, REP FROM AGILE NETWORKS OR HOF CITY TECHNOLOGY INCUBATOR OR DESIGNEE, LOCAL BANKING DESIGNEE, PRIVATE EQUITY DESIGNEE, CHAMBER OF COMMERCE REP OR DESIGNEE, STARK CTY FOUNDATION REP OR DESIGNEE, UP TO 3 ADDT’L MEMBERS NAMED BY BOARD. - COMMUNITY & ECONOMIC DEVELOPMENT AND DOWNTOWN DEVELOPMENT COMMITTEES 371. FINANCE DIRECTOR CROUSE: REQ $5,000.00 APP TRF FR 1001 506001 - COMMUNITY DEVELOPMENT ADMIN - OTHER TO 1001 901001 CIVIL SERVICE - OTHER FOR ADVERTISING AND TESTING IN CIVIL SERVICE DEPT. - FINANCE COMMITTEE 372. LIQUOR CONTROL DIV (OHIO): REQ NEW C1 PERMIT FOR FAMILY DOLLAR STORES OF OHIO, INC., DBA FAMILY DOLLAR 1348 LOCATED @ 2901 MAHONING RD NE (WARD 6). - RECEIVED & FILED 373. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1, C2 PERMIT FROM EAST SIDE POP & DRIVE THRU, INC., PARTIAL 1ST FLR & DRIVE THRU ONLY LOCATED @ 2401 E TUSC ST TO FAGGANAJMA LLC, PARTIAL 1ST FLR & DRIVE THRU ONLY LOCATED @ 2401 E TUSC ST (WARD 4). - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Ordinances for their Formal COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -536- MINUTES OF THE MEETING SEPTEMBER 25, 2017 Resolutions. And we begin with uh...1 please, Mr. Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #7 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,328.96 SUPP APPROP FR UNAPPROP BAL OF 7131 DOWNTOWN CANTON SPEC IMP DIST FUND TO 7131 801001 AUDITOR - ADMIN - OTHER) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE PROCEEDING WITH THE IMPLEMENTATION OF THE PUBLIC SERVICE PLAN ADOPTED BY THE DOWNTOWN CANTON SPECIAL IMPROVEMENT DISTRICT, ADOPTING THE ESTIMATED ASSESSMENT PREPARED AND FILED WITH THE RESOLUTION OF NECESSITY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Downtown Development Committee PRESIDENT SCHULMAN: (Inaudible). That’s what I was thinking. CLERK DOUGHERTY: #1 is referred to Finance, #2, Downtown Development. We’re on #3. #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION TO PROVIDE A GRANT UTILIZING GENERAL FUND DOLLARS IN AN AMOUNT NOT TO EXCEED $50,000; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development and Finance Committees #4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 38781 AND 38782; AND DECLARING THE SAME TO BE AN EMERGENCY (LOUIS & RITA SCANNER AND ELLEN RAPPORT, 1265 & 1289 GRENADA DR. NE, WARD 8) Referred to Public Safety & Thoroughfares Committee #5. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 994 - 997 AND LOTS 1002 - 1005, PART OF LOTS 1020 - 1021 AND 2550 - 2551, THE VACATED PORTION OF OAK STREET AND ELM STREET, A VACATED 18' ALLEY, TWO VACATED 14' ALLEYS, AND PART OF VACATED UNION STREET; AND DECLARING THE SAME TO BE AN EMERGENCY (SLESNICK REALTY, 800 3RD ST SE, WARD 4) Referred to Public Safety & Thoroughfares Committee COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -537- MINUTES OF THE MEETING SEPTEMBER 25, 2017 #6. (1ST RDG) AN ORDINANCE VACATING A PORTION OF GROSSE PLACE SW; APPROVING AND ACCEPTING THE REPLAT OF LOTS 3156, 3157, 6474, 6732, AND THE VACATED PORTION OF GROSSE PLACE SW; AND DECLARING THE SAME TO BE AN EMERGENCY (ANTHONY & SHARED CAMPITELLI, WARD 5) Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE FALL 2017 TREE PLANING PROJECT, GP 1256, AND TO ENTER INTO ALL OTHER CONTRACTS NECESSARY FOR THE COMPLETION OF THIS PROJECT IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities and Finance Committees ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, would you please begin with Ordinance #8. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #8 THROUGH #17 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (2ND RDG) RETAINED IN COMMITTED AN ORDINANCE DECLARING THE WEEK OF DECEMBER 11 - DECEMBER 15, 2017, TO BE AMNESTY WEEK FOR ANY PERSON WITH UNPAID PARKING TICKETS AND UNPAID RENTAL REGISTRATION FEES; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($30,000.00 APPROP TRF FR 1001 506001 COMMUNITY DEV ADMIN - OTHER TO 1001 501001 MAYOR ADMIN - PERSONNEL) (PLANNING DEPT) #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE EMERGENCY ($2,475.00 FR UNAPPROP BAL OF 1001 GENERAL OPER FUND TO 1001 102001 POLICE - ADMIN - OTHER) (HOF MARATHON) #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($190,000.00 FR UNAPPROP BAL OF 1001 GENERAL OPER FUND TO 1001 801010 AUDITOR- LEGALLY BINDING EXP - OTHER - $155,000.00, TO 1001 102090 POLICE - CANTON CRIME LAB - PERSONNEL SERVICES - COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -538- MINUTES OF THE MEETING SEPTEMBER 25, 2017 $35,000.00) #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($21,223.44 SUPP APPROP FR UNAPPROP BAL OF 2185 URBAN TIF FUND TO 2185 501001 MAYOR ADMIN - OTHER) (HISTORIC ONESTO) #13. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($75,509.00 SUPP APPROP FR UNAPPROP BAL OF 2817 JOBS OHIO FUND TO 2817 506001 COMM DEV ADMIN - OTHER; $148,215.00 INTER-FUND ADV REPAY FR 2817 506001 COMM DEV ADMIN - ADV OUT TO 1001 506001 COMM DEV ADMIN - ADV IN) (WEBER DENTAL) #14. (2ND RDG) AN ORDINANCE VACATING A PORTION OF GEORGE HALAS DRIVE NW; APPROVING AND ACCEPTING THE REPLAT OF LOTS 43041-43051, 43067-43076, 43078, 43102, 43240 AND 43241 PLUS THE VACATED PORTION OF GEORGE HALAS DRIVE NW; AND DECLARING THE SAME TO BE AN EMERGENCY (WARD 7) #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF TABLETS AND RELATED WARRANTIES AND ACCESSORIES FOR THE POLICE DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY COOPERATIVE PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR EMS BILLING SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) ADOPTED AS ORDINANCE NO. 205/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,190,000.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #17. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -539- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 17. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #17. 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 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 205/2017 PRESIDENT SCHULMAN: Ordinance 17 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you. We now turn to Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Begin with Ordinance #18, please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #18 THROUGH #29 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 206/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($16,277.56 SUPP APPROP FR UNAPPROP BAL 2797 701001 SPECIALIZED DOCKET FUND - PERSONNEL TO 2797 701001 SPECIALIZED DOCKET FUND - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -540- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 206/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 207/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($80,000.00 SUPP APPROP FR UNAPPROP BAL OF 2797 SPECIALIZED DOCKET GRANT FUND TO 2797 701001 SPECIALIZED DOCKET GRANT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #19 per a copy all Council Members have before them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved & seconded that you amend Ordinance 19 before...uh... all those (Inaudible) and uh, any remarks? Hearing none, roll call...er...sorry...signify by saying aye if you agree. Signify nay. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Ayes have it. Motion carries. Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #19, as amended. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Section 1 of the Agenda Item No. 19 to change the word COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -541- MINUTES OF THE MEETING SEPTEMBER 25, 2017 “Other” to the word “Personnel”. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #18...sorry, 19...18 is adopted. 19 is adopted, sorry. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #19 ADOPTED AS AMENDED AS ORDINANCE NO. 207/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 18 is adopted. Ordinance 19...19 please. CLERK DOUGHERTY: Ordinance #20. PRESIDENT SCHULMAN: Sorry, Ordinance 20. Wait a sec...what? (Inaudible). Go ahead. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 208/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($83,000.00 SUPP APPROP FR UNAPPROP BAL OF 2762 INDIGENT TREATMENT FUND TO 2762 701001 INDIGENT TREATMENT - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 20. Any remarks Hearing..no remarks, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 208/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 19...18...20 has been adopted. Ordinance 21, please. #21. (3RD RDG) POSTPONED UNTIL 10/16/17 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE CANTON REGIONAL CHAMBER OF COMMERCE FOR A GRANT OF CITY FUNDS IN AN AMOUNT NOT TO EXCEED $175,000.00 FOR COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -542- MINUTES OF THE MEETING SEPTEMBER 25, 2017 ECONOMIC AND CIVIC DEVELOPMENT OF THE COMMUNITY; 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 that you adopt Ordinance 21. Any remarks? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: I have some remarks and I’m sure everybody knew I did. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Okay, here we go. Third year in a row, we’re broke. I say, “We don’t have any money.” Everybody else says, “Oh we have it, it’s in the budget.” $1.5 million dollar deficit facing this year. I don’t think we have the money. I get combated with, “The Chamber creates jobs.” I respond, “Show me.” Income tax are down, revenues are down, but they create jobs. But your income tax revenue’s down. But, you know what, we could sit up here and point fingers and cry and complain that we don’t have any money, and we all know why we don’t have any money. Because right now the State of Ohio is sitting on billions of dollars in their slush fund. Their rainy day fund, the fat cats down in Columbus, are friends the Republicans, are hoarding all the cash. And what a great idea it was to cut the Municipal Funds. It was such a great idea that they came up with a plan. Alright....and the plan was called “Redesigning Ohio”, back in 2010, December 2010 to exact. Now who came up with this plan? Well, the plan was prepared by the Ohio Chamber of Commerce. And our State, a Metropolitan Chamber of Commerce, on December 20th, 2010. What a novel idea, these gentlemen had. Oh, they were genius. Let’s solicit the Governor. Less funding for local government. Great idea, guys. Let’s make them fiscally remore....more responsible. Strategically redirect the State funds. Wonderful, great idea guys. Let’s teach them to do more with less. Great idea, guys. So why, after we’re cut year after year, after year, to the tune of almost $11 million dollars, because the State reached deep into our pockets, on a wonderful idea by the great 8 Regional Chamber of Commerce. Wonderful idea. We have done more with less and we continue to do more with less, but we’ve been giving them the same amount. Maybe it’s time you guys think about this. Maybe the Chamber needs to learn to do more with less. We’re doing more with less. Chip and Seal is a perfect example. We’re trying to more with less. We’re struggling to keep our head above water, but the fight continues because we pass out money, no strings attached, no guarantee on a return, but every year we sit here and we do more with less and we’re going to cough up another $175,000.00 this year, and I’m going to be sitting here next year when we’re looking at a $2.5 million deficit, saying the same thing. We’re giving money away to the top echelon of our community, while we continue to do more with less. It’s sad, I’ll never support it until we have enough money in our coffers to pay for it and I pray that you guys can all live with yourself for continuously putting this before the safety of our constituents. Thank you. (Applause). COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -543- MINUTES OF THE MEETING SEPTEMBER 25, 2017 MEMBER MARIOL: Mr. President. UNIDENTIFIED VOICE: Vote No! Enough’s enough. MEMBER MARIOL: It is... PRESIDENT SCHULMAN: Please, no comments, please. Thank you. MEMBER MARIOL: It...it’s somewhat um...it happens occasion, but it’s somewhat uncommon for us to have a issue that we are not somewhat united on, and have a consensus. When those times come, and the Chamber money being one of them, I think it’s important that we all have a chance to make our voice heard. My friend and colleague, Councilman Mack, is unable to be here for this meeting, being on vacation, but I know that this is a vote that he would like to cast, and when we contentious, but important issues, I think it is something that when we can have everyone speak on the matter, it’s important. So, if it’s okay with Majority Leader, I’d like to ask for us to maybe postpone this vote for one week, until next Monday, if that’s okay? MEMBER MORRIS: No. Pardon me. PRESIDENT SCHULMAN: There’s a motion and is there a second? MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded. Remarks? Well, any other remarks? MEMBER MORRIS: Yes, Mr. President, there is a motion and there is a second. I fail to see the significance of wanting to postpone this so Member Mack could be here to voice his opinion. Uh...I don’t feel that this legislation is in jeopardy of failing, but there...as Member Mariol said, there is a motion on the floor, and it is seconded, so... CLERK DOUGHERTY: Postpone to a certain date. MEMBER MORRIS: Uh, no I think we’re going to vote whether we postpone. MEMBER MARIOL: There is a motion for October 2nd. MEMBER MORRIS: Correct. PRESIDENT SCHULMAN: It’s been seconded. MEMBER MORRIS: Correct. PRESIDENT SCHULMAN: All those in favor... Any other remarks? MEMBER MORRIS: I’d like a roll call on that. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -544- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: Yep. All those in favor signify by saying aye, and...we’ll do it by roll call vote, please. NO REMARKS ROLL CALL 6 YEAS, 5 NAYS (MEMBERS MORRIS, SMITH, BABCOCK, HARMON, AND FISHER VOTED NAY) CLERK DOUGHERTY: Six yeas, five nays, Mr. President. (Inaudible). Majority present. (Inaudible). PRESIDENT SCHULMAN: So with say nay...six yeas added, it is postponed. CLERK DOUGHERTY: Til October 2nd. MEMBER MORRIS: Uh, Mr. President, with all due respect, I would like that postponed til the week after October 2nd. Uh, I will be on vacation this week, and if this Council showed the latitude to Member Mack while he’s on vacation, I would like this vote to take place when I’m back from vacation. PRESIDENT SCHULMAN: I agree, I agree. So we’re going to postpone it. Postpone it til what date? CLERK DOUGHERTY: The 16th. PRESIDENT SCHULMAN: Postpone it til the 16th. CLERK DOUGHERTY: October 16th. PRESIDENT SCHULMAN: October 16th. (Inaudible). This is a...I just want to make a point that this is a somewhat significant vote, so I think it’s only fair that everybody have the opportunity to hear each other’s comments. Not only present their comment, but listen to the other people. Uh... MEMBER HAWK: Mr. President, I...I agree. What did we just vote on? I mean... CLERK DOUGHERTY: We voted on the postponement. MEMBER HAWK: Ok, but no date, that’s the questions. Just so we’re seeing (Inaudible), that’s all I care about, so we do it properly, and right, legally and (Inaudible). That’s all I care about. Thank you. PRESIDENT SCHULMAN: The Postponement’s until... MEMBER MORRIS: October 9th. PRESIDENT SCHULMAN: October... MEMBER MORRIS: Oh, it’s a holiday? 16th then. CLERK DOUGHERTY: It’s the 16th. PRESIDENT SCHULMAN: Alright? Alright, let’s go to uh...22, please. Ordinance 22, Leader. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -545- MINUTES OF THE MEETING SEPTEMBER 25, 2017 MEMBER MORRIS: Mr...oh...he needs to read it first, before I can... PRESIDENT SCHULMAN: Yes, sorry. #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 209/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,789,092.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206057 OWDA WRF PHOSPHORUS PROJ (MEMBRANE) #6556 - OTHER - $1,009,053.00, TO 5410 206058 OWDA WRF PHOSPHORUS (CONSTRUCTION) #6699 - OTHER - $1,780,039.00) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks? Hearing none, roll call vote, please, Mr. Clerk. NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER HALL ABSTAINED) CLERK DOUGHERTY: Ten yeas, one abstention. #22 ADOPTED AS ORDINANCE NO. 209/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 22 is adopted. Ordinance 23, please. MEMBER SMUCKLER: Point...point of information, Mr. President. Did we have a vote suspend...postponing this til Frank’s back from vacation? Did we have a vote on that? Because I remember voting on the October 2nd, and it says here in our Council Rules, to postpone to a certain date, voice vote, majority present, and voting needed. Did we vote to postpone it til the 22nd? MEMBER MORRIS: Member Mariol never produced a date, so he said when Member Mack gets back, and I said out of all fairness, I would like it when I’m in town. MEMBER SMUCKLER: I agree with you, I agree with you, but I just think that we’d better have a date on the record for this thing. PRESIDENT SCHULMAN: I thought we did. (Inaudible). MEMBER SMUCKLER: I heard October 2nd. CLERK DOUGHERTY: It was changed to the 16th. We want to make a motion, we could do that. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -546- MINUTES OF THE MEETING SEPTEMBER 25, 2017 MEMBER SMUCKLER: The 16th’s alright, I just want everybody... PRESIDENT SCHULMAN: Let’s...let’s make a motion for the 16th. MEMBER SMUCKLER: Please. PRESIDENT SCHULMAN: Leader. MEMBER SMITH: You make the motion to the....(Inaudible). MEMBER MORRIS: Mr. President. I move we postpone Ordinance #21 until October 16th, 2017. MEMBER SMITH: Second. PRESIDENT SCHULMAN: Postpone 21 until October...I’m sorry, October 16th. And there’s a second? All those in favor, signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. It’s postponed. We are now... CLERK DOUGHERTY: Ordinance 23. PRESIDENT SCHULMAN: Thank you. 23. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks? #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 210/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($130,000.00 SUPP APPROP FR UNAPPROP BAL OF 2773 2015 COPS HIRING PROG GRANT FUND TO 2773 102001 POLICE ADMIN - OTHER) PRESIDENT SCHULMAN: Thank you. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. CLERK DOUGHERTY: No, 23. PRESIDENT SCHULMAN: 23. MEMBER MORRIS: 23, I’m sorry. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -547- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: That’s okay. It’s been moved and seconded that you adopt Ordinance 23. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 210/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 24, please. #24. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 211/2017 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN ENVIRONMENTAL COVENANT WITH THE OHIO EPA; AND DECLARING THE SAME TO BE AN EMERGENCY (HOFV RACEWAY STREAM) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #24. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks? MEMBER MORRIS: Mr. President, I move we amend Ordinance #24 per a copy all Council Members have before them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved & seconded that you amend Ordinance 24. Any remarks? 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 motions carries. Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #24, as amended. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 24 by the substitution of the attached revised ordinances for the original proposed ordinance. PRESIDENT SCHULMAN: It’s been moved and seconded that adopt Ordinance #24, as amended. Any COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -548- MINUTES OF THE MEETING SEPTEMBER 25, 2017 remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #24 ADOPTED AS AMENDED AS ORDINANCE NO. 211/2017 PRESIDENT SCHULMAN: Motion...thank you. Motion carries. Ordinance 24 is adopted. Ordinance...as amended, is adopted. Ordinance 25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 212/2017 AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION OF PLAIN TOWNSHIP; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT(S) FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (SARATOGA HILLS NO. 4) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #25. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 212/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 25 is adopted. Ordinance 26, please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 213/2017 AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO PLAIN TOWNSHIP; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT(S) FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (WICKER CREEK NO. 2) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #26. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -549- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 213/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 26 is adopted. Ordinance 27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 214/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE PASSENGER VAN; OR TO ALTERNATIVELY PURCHASE SAID VEHICLE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY (SANITATION DEPARTMENT) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20...... PRESIDENT SCHULMAN: ......7. MEMBER MORRIS: ......7. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 27. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 214/2017 PRESIDENT SCHULMAN: Ordinance 27 has been adopted. Ordinance 28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 215/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN ADMINISTRATIVE ORDER ON CONSENT (AOC) WITH THE USEPA AND/OR TAKE ANY OTHER ACTIONS NECESSARY TO ENSURE THE AOC IS FULLY EXECUTED AND TAKES FULL EFFECT; COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -550- MINUTES OF THE MEETING SEPTEMBER 25, 2017 AND DECLARING THE SAME TO BE AN EMERGENCY (SANITARY SEWER SYSTEM) 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? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 215/2017 PRESIDENT SCHULMAN: Motion grudgingly is passed, uh, and is adopted. Ordinance 29, please. #29. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 216/2017 AN ORDINANCE AMENDING SECTIONS 187.02 THROUGH 187.33 AND 187.99 OF CHAPTER 187 ADMISSIONS TAX, PART ONE, TITLE NINE OF THE TAXATION CODE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #29. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 29. Any remarks under this Ordinance? Hearing none, roll call vote... CLERK DOUGHERTY: We have an amendment. PRESIDENT SCHULMAN: Yes, sorry. MEMBER MORRIS: I move we amend Ordinance #29 per a copy all Council Members have before them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved & seconded to amend Ordinance 29 before the...by virtue of the copy before each member of Council. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -551- MINUTES OF THE MEETING SEPTEMBER 25, 2017 NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motions carries. Leader. MEMBER MORRIS: Mr. President, I move that we adopt Ordinance #29, as amended. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 29 by the substitution of the attached revised ordinance for the original proposed ordinance. PRESIDENT SCHULMAN: Thank you. It’s been moved and seconded to amend Ordinance 29 as adopted. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #29 ADOPTED AS AMENDED AS ORDINANCE NO. 216/2017 PRESIDENT SCHULMAN: Motion carries and the...is adopted. Let’s see, where are we here? Where are we here? 29? Pardon? ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re under Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: The Finance Committee will be meeting at 6:15 on October 2nd, and from Committee Meeting, the offer will still stand if there is an alternative plan regarding paving, we’ll definitely allow time to speak about that. Thank you. PRESIDENT SCHULMAN: Thank you. Everybody... MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER HAWK: Thank you, my good friend. Public Safety & Thoroughfares will meet at the same time, the same place. MEMBER SMITH: Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -552- MINUTES OF THE MEETING SEPTEMBER 25, 2017 PRESIDENT SCHULMAN: Yes. MEMBER SMITH: CD will also meet at the same time. PRESIDENT SCHULMAN: Anybody else? MEMBER HARMON: Public Utilities & Environment will meet with Finance, at the same time. PRESIDENT SCHULMAN: Thank you. MEMBER CHESTER: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER CHESTER: Downtown Development will meet. PRESIDENT SCHULMAN: Thank you very much. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Do we have any Miscellaneous Business? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: Uh, just...just for a little clarification...the reason I paused on #28, and I think out of everybody, Member Smuckler gets it the best. This is the legislation that was ultimately going to lead to an 8 ½ % increase, annually, in our sewer rates for our constituents. And this is one of those where we are damned if we do, and damned if we don’t. If we don’t comply, big brother digs deeper and deeper into our pocket; and when we do comply, big brother makes us dig deeper and deeper into your pocket. So, it...it...my gut told me to vote no, uh, but ultimately we’re going to have to do it regardless. It’s just one of those things that make you nauseous when you have to vote for it. So, just a point of clarification on that. PRESIDENT SCHULMAN: Thank you, very much. Anyone else? CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. Well, one second. Anybody have any other remarks? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: What you trying...Bill, was that a signal or something you were trying to do over there? (Laughs). COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -553- MINUTES OF THE MEETING SEPTEMBER 25, 2017 MEMBER SMUCKLER: Oh, you got... you are (Inaudible). MEMBER SMITH: Oh, okay. Yes, I guess it is okay, but since he got smart with me y’all, listen... Mr. President, to uh, Kathy Baylock, I’ll talk to you about 322, and I know you said that they said that Bill Smuckler, gets stuff done? When it comes to house and the grass, the Street Dept. do a great job, and so does JR Rinaldi, and he has been looking in 322. And Mr. Uh...I’ll talk to you too about Tonya’s house, also. Thank you. PRESIDENT SCHULMAN: Anyone else? My friend. QUOTE FOR THE WEEK CLERK DOUGHERTY: Quote of the week: (Inaudible). PRESIDENT SCHULMAN: Excuse me. CLERK DOUGHERTY: (Laughs). The quote of the week: “People often say that motivation doesn’t last. Well, neither does bathing. That’s why we recommend it daily.” Zig Ziglar PRESIDENT SCHULMAN: Okay, well that certainly was inspirational. So, Leader. MEMBER MORRIS: Well, I’m motivated all the time. I bathe frequently... CLERK DOUGHERTY: Good... MEMBER MORRIS: I smell pretty damn good. (Laughter). Move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: (Gavel falls). Motion carries. Everyone have a wonderful evening and a great week. See you next week. ADJOURNMENT TIME: 7:50 PM ATTEST: SEPTEMBER 27, 2017 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT