City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -567- MINUTES OF THE MEETING OCTOBER 16, 2017 PRESIDENT SCHULMAN: Good evening, ladies and gentlemen. Good evening. Welcome to Canton City Council. Thank you all for coming. With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 11 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, ROBERT FISHER, KEVIN HALL, JOHN MARIOL & EDMOND MACK) ELEVEN COUNCIL MEMBERS PRESENT (MEMBER SCAGLIONE ABSENT) CLERK DOUGHERTY: Eleven present, one absent, Mr. President. PRESIDENT SCHULMAN: Thank you. Leader. EXCUSING MEMBERS MEMBER MORRIS: Mr. President, I move to excuse Member Scaglione from uh...tonight’s meeting. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Scaglione from this evening’s meeting. Any remarks? I can tell you he’s not feeling well, so he apologizes and sends his regrets for not being here this evening. Any other remarks? Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. The motion carries and Member Scaglione is excused from this evening’s meeting. Tonight’s invocation will be given by my good friend and Ward 5 Council Member, Robert Fisher. If you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on October 16, 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 5 Council Member, Robert Fisher. 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 Readings Ordinance 4 through 7. 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 -568- MINUTES OF THE MEETING OCTOBER 16, 2017 Ordinances 4 through 7 to this evening’s agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Rule 22A is suspended. The Ordinances are, 4 through 7 are a part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We turn now to Old Business. I don’t believe we have any Old Business. We do not. PUBLIC SPEAKS PRESIDENT SCHULMAN: Turning now to Public Speaks. We have 2 speakers this evening. First speaker is...uh...Brenda Baylor. BRENDA BAYLOR: I decline to speak to speak tonight. I’m gonna postpone. Thank you. PRESIDENT SCHULMAN: Okay. Thank you very much. It’s good to see you. Have a good week. Our next speaker is Pete DiGiacomo. Mr. DiGiacomo, if you’ll step forward and be very brief. (Laughter). PETE DIGIACOMO: Okay. Okay. PRESIDENT SCHULMAN: I said will you step forward and be very brief. (Laughter). PETE DIGIACOMO: Okay. Uh...my name’s Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. I’m just gonna speak shortly about one of the things I’ve talked about before and it has to do with the $175,000.00 that uh...they want from the city, to give to them...no strings attached, my understanding. Here’s the money, enjoy it, do what you want with it. I think there should be some feedback as to where that money is being used, as just giving a blank check. I also heard a rumor, something about three years, instead of just every year, they have to come here. $175,000.00 to the Chamber is not going to make ‘em or break ‘em. The city, at the end of this year, I’ve got money in my wallet that I’ll bet anybody, we’re going to have a deficit. Nobody wants to comment. I know you’re not allowed. Okay. Uh, and I’m not going to mention anybody’s names, but have a good evening. PRESIDENT SCHULMAN: Thank you very much. (Applause). INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under uh...Informal Resolutions. We have two this evening. Mr. Clerk, would you please begin with Informal Resolution 35. #35. COUNCIL-AS-A-WHOLE: COMMENDING CANTON MUNICIPAL CT PROBATION COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -569- MINUTES OF THE MEETING OCTOBER 16, 2017 DEPT ON BEING AWARDED 2017 CLIFFORD SKEEN AWARD. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Informal Resolution #35. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution #35. Any remarks? MEMBER MORRIS: Mr. President, can we have the Clerk read that, please? PRESIDENT SCHULMAN: Yes, Clerk, could you read please read that for us. CLERK DOUGHERTY: An Informal Resolutions respectfully submitted by Council-as-a-Whole on this 16th day of October, 2017. Whereas, The Honorable Clifford Skeen served as State Representative for the 69th House District of Ohio from 1977 through 1993; and Whereas, During his eight terms in the Ohio House of Representatives, Representative Skeen sponsored the original Ohio Community Corrections Act legislation and championed the development, enhancement and funding for community corrections programs as an alternative to incarceration for low-level and non-violent offenders; and Whereas, In recognition of his commitment to excellence in correctional practices and legacy in community corrections, The Ohio Department of Rehabilitation & Correction posthumously created and established the Clifford Skeen Award in 1993; and Whereas, The Ohio Department of Rehabilitation & Correction presents the Clifford Skeen Award annually to the most outstanding probation or community corrections program in the State of Ohio that has demonstrated excellence in correctional practices, enhanced public safety and changing offender behavior; and Whereas, The Ohio Department of Rehabilitation & Correction has awarded the Canton Municipal Court, Probation Department, the 2017 Clifford Skeen Award for excellence in community corrections for demonstrating marked and sustained decreases in offender recidivism. Now Therefore Be It Resolved: That we, the Members of Canton City Council, do hereby go on public record commending the Canton Municipal Court, Probation Department for their dedicated service in helping to make the City of Canton a safer and more productive community in which to live. (Applause). PRESIDENT SCHULMAN: Any other remarks? All those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #35 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Yes. CLERK DOUGHERTY: Please come to the podium. MEMBER HARMON: I know that everybody here knows Mike Kochera, Court Administrator, very well, and I’d like to introduce Lauren Kelly. Lauren Kelly is the Chief Probation Officer and of course this acknowledgment tonight is because the State of Ohio..let’s see...Department of Corrections and Rehabilitation has acknowledged our Probation Department, Canton Municipal Court Probation Department for a really outstanding deduction in repeat offenders and as a result, a reduction in repeat offenses. And, and, uh...as COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -570- MINUTES OF THE MEETING OCTOBER 16, 2017 mentioned to the two of you earlier, we don’t get a lot of good news like that about (Inaudible) and courts here, so it is, uh... my honor on behalf of all of City Council to present this to you Mike and you Lauren. MICHAEL KOCHERA: Thank you. LAUREN KELLY: Thank you. MEMBER HARMON: I would ask you to perhaps say a few words. Tell us about your success. MICHAEL KOCHERA: Thank you. Thank you Mr. President, uh...Mr. Majority Leader, honorable Members of Council. First, on behalf of the Judges of the Court, I’d like thank you for your rec...recognition of, uh...the Cliff Skeen award. Um, before I turn it over to Lauren, who is truly the brains behind this operation, um, I think it goes without saying that the probation population that the department deals with is not the easiest population. Um...however, through continued...uh...research based initiatives and interventions with offenders, we have been able to make a change. Um...roughly 198 different programs across the state are considered for this award, and I’m very, very proud that Lauren and her department have achieved this, and this is the second time...2011 we were recognized for the same award. So, um...just outstanding contributions in the community that Lauren and her, uh...her staff make. And I again, I just want to acknowledge City Council and thank you for your recognition of the award. So, thank you. Lauren. (Applause). LAUREN KELLY: Thank you. I’ll just be brief. Um...I just want to thank you for this recognition tonight. It means a lot to my department. My department is made up of a team of men and women that really understand the importance of following evidence based practices. And our department really is committed to reducing recidivism and improving community safety. So, thank you very much for this. (Applause). PRESIDENT SCHULMAN: Well, what a great job. Thank you so much for the work that you do and it’s very, very meaningful. Very meaningful. Thank you. Uh...turning now to Resolution 36. Mr. Clerk. #36. PERSONNEL COMMITTEE: CONFIRM MAYOR’S RE-APPT OF JAMES BABCOCK AS COUNCIL MEMBER TO CANTON CONSTRUCTION BOARD COMMENCING RETRO FROM 1/1/17 AND EXPIRING 11/31/19. - ADOPTED PRESIDENT SCHULMAN: Well, from the sublime to the sad. Go ahead. (Laughter). MEMBER MORRIS: Mr. President, I reluctantly move to adopt Informal Resolution #36. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 36. Are there any remarks? By the way Jim, seri...on a serious note, excellent job. Thank you for your hard work. We do appreciate it. Any uh...any other remarks? Hearing none, those...all those in favor signify by saying aye. Those in fav...those opposed no. NO REMARKS RESOLUTION #36 PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -571- MINUTES OF THE MEETING OCTOBER 16, 2017 PRESIDENT SCHULMAN: Ayes have it, motion carries. Congratulations. CLERK DOUGHERTY: That vote...Mr. President...that vote will go down as one abstention. Mr. Babcock, please. COMMUNICATIONS PRESIDENT SCHULMAN: We’re 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 OCTOBER 16, 2017. 378. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 9/29/17. - RECEIVED & FILED 379. AUDITOR MALLONN: MTHLY REPORT BY FUND FOR 9/1/17 THRU 9/29/17. - RECEIVED & FILED 380. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 1/1/17 THRU 9/29/17. - RECEIVED & FILED 381. COUNCIL MEMBER HAWK: REQ LEGISLATION AMENDING ENFORCED METERED TIME TO END AT 4:00 PM INSTEAD OF 6:00 PM AND TO EXCLUDE SATURDAYS (SEC 353.03 OF CODIFIED ORDINANCES). - JUDICIARY COMMITTEE 382. HEALTH COMMISSIONER ADAMS: REQ $2,824.00 SUPP APPROP FR FUND 2311 301001 V.D. - 103 GONORRHEA (VD) - 600 PAYROLL TO FUND 2311 301001 V.D. - 103 GONORRHEA (VD) - 700 OTHER AND $2,245.00 SUPP APPROP FR FUND 2318 301001 LOCAL AIDS PREVENTION - 600 PAYROLL TO FUND 2318 301001 LOCAL AIDS PREVENTION - 700 OTHER) - FINANCE COMMITTEE 383. LIQUOR CONTROL COMM (OHIO): ORDER REVERSING DIV OF LIQUOR CONTROL DECISION FOR SHA B INC., DBA B&B DRIVE THRU #3, 1115 RAFF RD SW, AND ORDERING PROCESSING OF NEW PERMIT APP (WARD 3). - RECEIVED & FILED 384. LIQUOR CONTROL DIV (OHIO): REQ NEW C1 PERMIT FOR DOLGEN MIDWEST LLC, DBA DOLLAR GENERAL STORE 17922 LOCATED @ 915 TUSC ST W (WARD 1). - RECEIVED & FILED 385. LIQUOR CONTROL DIV (OHIO): REQ NEW C1 PERMIT FOR DOLGEN MIDWEST LLC, DBA DOLLAR GENERAL STORE 19248 LOCATED @ 210 11TH ST NE (WARD 2). - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -572- MINUTES OF THE MEETING OCTOBER 16, 2017 386. LIQUOR CONTROL DIV (OHIO): REQ TRF OF D2, D2X, D3 PERMIT FROM HOUSDEN INC., DBA MIKES AGAIN, 1ST FL & PATIO TO KAYMACK INC., DBA MIKES AGAIN, 1ST FL & PATIO LOCATED @ 1037-39 BEDFORD AVE SW (WARD 3). - RECEIVED & FILED 387. PLANNING COMMISSION: APPROVE WARD ASSIGNMENT AND ZONING CLASSIFICATION FOR TAMSAL-FULTON ANNEX (B-3 GENERAL BUSINESS, WARD 7). - ANNEXATION COMMITTEE 388. PLANNING COMMISSION: APPROVE REPLAT OF OUTLOTS 1118, 1119, 1114, 1132 & 1192 AND DEDICATION OF FORD MOTOR WAY, WARD 4 (CCIC & CITY ENGINEER, 3300 BLOCK OF GEORGETOWN RD NE). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 389. SERVICE DIRECTOR BARTOS: INFORM COUNCIL THAT CITY WILL NOT BE ENTERING INTO PROJ LABOR AGMT (PLA) FOR FALL 2017 TREE PLANTING PROJ, GP 1156. - RECEIVED & FILED 390. SERVICE DIRECTOR BARTOS: INFORM COUNCIL THAT CITY WILL NOT BE ENTERING INTO PROJ LABOR AGMT (PLA) FOR ADA RAMPS AND SIDEWALK PROJ, GP 1167. - RECEIVED & FILED 391. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY TO PURCH (1) SALT TRUCK CAB AND CHASSIS FOR STREET DEPT; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ALL CONTRACTS NECESSARY FOR PURCH OF SAME VIA ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 392. STARK CO. COMMISSIONERS: REQ ANNEX OF 0.637 ACRES IN PLAIN TWP TO CITY OF CANTON (4111 LOUISVILLE ST NE/MAHONING INDUSTRIAL PARK ANNEX). - PLANNING COMMISSION 393. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 9/30/17. - RECEIVED & FILED 394. TREASURER PEREZ: AUTHORIZE LAW DIR TO JOIN COALITION OF MUNICIPALITIES IN LITIGATION CHALLENGING AMENDMENTS TO ORC CHAPTER 718 RELATING TO MUNICIPAL INCOME TAX AND APPROVE $8,000 COST SHARING EXPENDITURE. - FINANCE AND JUDICIARY COMMITTEES 395. TREASURER PEREZ: MTHLY RPT OF PARKING METER REVENUE FOR SEPT 2017. - RECEIVED & FILED 396. TREASURER PEREZ: MTHLY RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -573- MINUTES OF THE MEETING OCTOBER 16, 2017 BOX ACCT FOR SEPT 2017. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: Turning now to Informal Resolutions and Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance 1 and I apologize, my voice is a little uh...under the weather tonight, so... Go ahead. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO VARIOUS CONTRACTS UTILIZING CDBG, ESG, AND HOME FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development and Finance Committees #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT AMENDMENT WITH BRICKER & ECKLER LLP; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 2060005 OPERATIONS AND MAINTENANCE - OTHER) Referred to Finance Committee #3. (1ST RDG) ADOPTED AS ORDINANCE NO. 226/ 2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO RECEIVE AND APPROPRIATE THE 2018 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $13,930.09 AND THE 2018 IMPAIRED DRIVING ENFORCEMENT PROGRAM GRANT IN AN AMOUNT NOT TO EXCEED $17,837.54 FROM THE OHIO DEPARTMENT OF PUBLIC SAFETY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee CLERK DOUGHERTY: We are in recess for Finance, please. (COUNCIL RECESSED AT 7:12 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #3; RECONVENED AT 7:14 PM) PRESIDENT SCHULMAN: We are now out of recess. Council will reconvene. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinance #3 back on this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -574- MINUTES OF THE MEETING OCTOBER 16, 2017 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add Ordinance 2...er I’m sorry... CLERK DOUGHERTY: 3. PRESIDENT SCHULMAN: 3 on this evening’s agenda. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Ordinance is a legal part of your agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #3. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 3. 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. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #3. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #3. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #3 ADOPTED AS ORDINANCE NO. 226/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance #3 is adopted. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -575- MINUTES OF THE MEETING OCTOBER 16, 2017 ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances and Res...Ordinances for their Second Reading. Leader. I’m sorry, Mr. Clerk. Or did we already do... CLERK DOUGHERTY: No, no, no. Number 4? PRESIDENT SCHULMAN: Yes. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #4 THROUGH #7 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCES #4 AND #7 ADOPTED ON SECOND READING): #4. (2ND RDG) ADOPTED AS ORDINANCE NO. 227/2017 AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,000,000 FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #4. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 4. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #4. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 4. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -576- MINUTES OF THE MEETING OCTOBER 16, 2017 CLERK DOUGHERTY: Eleven yeas, Mr. President. #4 ADOPTED AS ORDINANCE NO. 227/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 4 is adopted. (Inaudible). #5. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($170,601.00 APPROP TRF FR 2767 701001 MISDEMEANANT JAIL DIVERSION GRANT FUND - OTHER TO 2767 701001 MISDEMEANANT JAIL DIVERSION GRANT FUND - PERSONNEL) #6. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000.00 APPROP TRF FR 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO 1001 901001 CIVIL SERVICE - OTHER) #7. (2ND RDG) ADOPTED AS ORDINANCE NO. 228/2017 AN ORDINANCE AMENDING PART ONE, TITLE FIVE - ADMINISTRATIVE CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON BY THE ADDITION OF CHAPTER 159, DOWNTOWN REDEVELOPMENT/INNOVATION DISTRICT BOARD; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #7. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for Ordinance 7. Any remarks? Hearing none, excuse me, roll call vote. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. You’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #7. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Any remarks? Hearing none, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -577- MINUTES OF THE MEETING OCTOBER 16, 2017 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 228/2017 PRESIDENT SCHULMAN: Thank you. Thank you. Motion carries. Ordinance 7 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinance and First...Second...Third Readings. Leader. I’m sorry. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #8 THROUGH #14 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 229/2017 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 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 #8. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #8. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 2 NAYS (MEMBERS MORRIS AND HARMON VOTED NAY) CLERK DOUGHERTY: Nine yeas, two nays, Mr. President. #8 ADOPTED AS ORDINANCE NO. 229/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 9 is adopted. Ordinance 10, please. Sorry, what? Number 8. I apologize. So Ordinance #8 is adopted. #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 230/2017 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 COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -578- MINUTES OF THE MEETING OCTOBER 16, 2017 7131 DOWNTOWN CANTON SPEC IMP DIST FUND TO 7131 801001 AUDITOR - ADMIN - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #9. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #9. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 230/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance #9 is adopted. Ordinance 10, please. #10. (3RD RDG) ADOPTED AS ORDINANCE NO. 231/2017 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 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 231/2017 PRESIDENT SCHULMAN: Ordinance 10 is adopted. Ordinance 11, please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 232/2017 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE CANTON COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -579- MINUTES OF THE MEETING OCTOBER 16, 2017 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 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 232/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 11 is adopted. Ordinance 12, please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 233/2017 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, 1165 & 1189 GRENADA DR. NE, WARD 8) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 233/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 11 is adopted. Ordinance 12, please. CLERK DOUGHERTY: No, that was 12. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -580- MINUTES OF THE MEETING OCTOBER 16, 2017 PRESIDENT SCHULMAN: Sorry. Ordinance 12 was adopted, Ordinance 11, please. CLERK DOUGHERTY: 13, Ordinance 13. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 234/2017 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 234/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance uh...13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 235/2017 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) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under this Ordinance? Hearing none, roll call vote. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -581- MINUTES OF THE MEETING OCTOBER 16, 2017 CLERK DOUGHERTY: Eleven yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 235/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 14 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now go to Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Finance Committee will meet October 23rd at 6:30, here in Council Chambers. PRESIDENT SCHULMAN: 6:30 is right? MEMBER MARIOL: 6:30, thank you. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: CD will meet also at the same time. PRESIDENT SCHULMAN: Any others? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We now turn to Miscellaneous Business. Is there any tonight? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: Over here. DEPUTY MAYOR WILLIAMS: Mr. President. I just wanted to take this opportunity to thank the Members of Council for adopting the Step 2 of the...uh...Downtown Redevelopment/Innovation District. Uh, I think this is gonna be some revolutionary legislation for the city of Canton. I just appreciate it. Thank you. PRESIDENT SCHULMAN: Thank you. MEMBER HAWK: Yes, President. PRESIDENT SCHULMAN: Member Hawk. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -582- MINUTES OF THE MEETING OCTOBER 16, 2017 MEMBER HAWK: Thank you, sir. I have two things here. First of all, I’d like to thank the students at Mrs. Stanton’s class at Cedar School who took the time to send me this wonderful thank you card. They ask me to come over there every year so...to talk to the students. It’s absolutely wonderful. Their questions are great. They’re entertaining and I usually spend longer than the teacher likes us to, but it’s great that the kids are that involved, and I thank them for that. On the second point, we...I have a, a property owner, a landlord in Ward 1 who owns nine properties. And, he owes back registration fees from 2015. The total of this is now $5,060.00. That’s what he owes us in back registration fees and penalties. This is why we should not waive these fees or anything else. Here’s a man who owes us $5,000.00. He makes his living off of these people, off of these properties, doesn’t give us our money that we’re due, and I think we should start talking...calling some of these people out. This gentleman’s name is Robert Van Epps. So, understand that once you take a look at other property owners in the city. I think we should make it a point to bring one of them up here every week until...and mention their names. They owe us the money folks. They make a dollar off of this. They should pay. Mr. Van Epps, send us your check. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? MEMBER SMUCKLER: Mr...Mr. President. I made a speech down here, a week ago or two weeks ago, and talked about when I came to City Council that the downtown was barely breathing in the eighties and it was Benders and...it was Steve Coon, and it was Gasser’s. It’s a sad day now that we’re losing one of the barely breathing, at the time of the eighties, and this says a lot for how far we’ve come but how far we still have to go. And there isn’t much retail left here. And, I think that was a blow to this community, and I know that I’m sad and I hope that some of the other people in this room find it in their heart, that when we lose a retail business in this downtown, it effects us all in one way or the other. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? QUOTE FOR THE WEEK CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: Yes, I got uh...with the award for the Municipal Court tonight, Beth thought to give this quote for the week...”True freedom requires the rule of law and justice, and a judicial system in which the rights of some are not secured by the denial of rights to others.” - Jonathan Sacks, British Rabbi and Philosopher. Thank you. PRESIDENT SCHULMAN: Thank you. MEMBER MORRIS: Okay, it’s on me. Uh, before I move to adjourn, it was brought to my attention that there was a letter to the editor written on Monday, October 10th. And uh, I’m going to read this to you because I think it speaks volumes of the work that not only Council does, but uh, Clerk Dougherty. “We’d like to start out by saying thank you to all City Council Members, the Mayor of Canton, and city employees, along with the great job that the Giant Eagle employees did, who contributed to Feed the Needy Picnic. A special day like this takes a little bit of the sting out of being poor. May the tradition COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -583- MINUTES OF THE MEETING OCTOBER 16, 2017 continue. God bless everyone.” Carl and Louise Carnes. So, that’s good stuff, positive note. (Applause). Now, I move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion is approved. (Gavel falls). ADJOURNMENT TIME: 7:30 P.M. ATTEST: OCTOBER 16, 2017 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT