City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -292- MINUTES OF THE MEETING JULY 15, 2019 PRESIDENT SHERER: With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 12 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, CHRISTINE SCHULMAN, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Twelve present, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Council Member At-Large, Christine Schulman. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on July 15, 2019 at 7:00 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 Christine Schulman, Council Member-At-Large. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: Thank you, Member Schulman. We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 16 through 25 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading of Ordinances 16 through 25 to this evening’s agenda. Are there any remarks?... Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 16 through 25 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings for this evening. OLD BUSINESS PRESIDENT SHERER: We ha... we are now under Old Business and we have no Old Business for this evening. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -293- MINUTES OF THE MEETING JULY 15, 2019 PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have one speaker for tonight. Our first speaker is Pete DiGiacomo. Pete, will you please step forward and give us your name and res... residential address, please. PETE DIGIACOMO: My name’s Pete DiGiacomo. I reside at (slight pause) 600 Dent Place South... I forgot where I live for a minute. Six... I got a pill for that. 600 Dent Place SW, Canton, Ohio. Um, what I wanted to talk about... good, good thing first. Uh, the last time I spoke about the big potholes down over... on the bridge that goes over ‘77, South Cleveland Avenue. I don’t know if the City patched those holes. I don’t know if the City got ahold of the State to patch those holes, but the holes did get patched. Very good timing of it and everything. So I really appreciate that. Uh, I got two minutes left. Okay, two other things. High grass. McKinley Avenue in the 800 block, I almost got in a wreck because I was pulling out of a side street, the grass was higher than my mini-van. I... I didn’t see the car coming, so that’s one spot. Second spot is again McKinley Avenue SW, south of the train tracks on the west side of the street of McKinley Avenue, just before you get down to McKinley and Navarre Road, high grass. I mean, it’s shoulder... to me, it’d be about shoulder length. Uh, one other thing, I still got time left. I see that Hall of Fame Village wants to purchase the McKinley Grand, but they also want to have a 15 year, 75% abatement. Come on, you gotta be kidding. You have got to be kidding if this... if this goes through. I mean, how much money is that for 15 years, are they gonna get? Does anybody up there actually know? Cause if you do, I would really like to hear it. That... that... that’s ridiculous. The School Board is getting nickle and dimed by the Hall of Fame Village. Thanks. PRESIDENT SHERER: Thank you, Pete. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have two for this evening. Mr. Clerk, would you please begin... please read Resolution #17 by title. #17. MAJORITY LEADER SMITH: AUTHORIZE AND DIRECT SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $36,900.00 FOR REPAIR/REPLACEMENT OF ROOF AT COMM SERV BLDG (FORMER FIRE STATION #9). - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance... Informal Resolution #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #17. Are there any remarks?...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #17 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries, and Resolution #17 is adopted. Resolution #18, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -294- MINUTES OF THE MEETING JULY 15, 2019 #18. PERSONNEL COMMITTEE: AUTHORIZE APPT OF MYRA WATKINS TO STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) BD COMMENCING 7/15/19 - 8/31/20. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #18. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #18. Are there any remarks?...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #18 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries, and Resolution #18 is adopted. COMMUNICATIONS PRESIDENT SHERER: We are 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 15, 2019. 225. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 6/27/19. - RECEIVED & FILED 226. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 6/1/19 THRU 6/28/19. - RECEIVED & FILED 227. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/19 THRU 6/28/19. - RECEIVED & FILED 228. CNCL MEMBER MARIOL, WARD 7: REQ ACCEPTANCE OF DONATION OF REAL PROP IN WARD 7 (PARCEL #227179). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 229. DEPUTY MAYOR WILLIAMS: WITHDRAW COM #188 FR 6/17/19 AGENDA. - RECEIVED & FILED 230 DEPUTY MAYOR WILLIAMS: REQ APPROVAL OF 15 YEAR, 75% REAL PROP TAX EXEMPTION TO THE NEW OWNERS OF THE MCKINLEY GRAND HOTEL; EMERGENCY. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 231. FINANCE DIRECTOR CROUSE: AMEND APPROP O#50/2019; EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 701001 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -295- MINUTES OF THE MEETING JULY 15, 2019 JUDGES ADMIN - OTHER; $18,000.00 SUPP APPROP FR UNAPPROP BAL OF 2795 JUSTICE REINVEST GRANT FUND TO 2795 701001 JUDGES ADMIN - OTHER; $32,000.00 SUPP APPROP FR UNAPPROP BAL OF 2799 JUSTICE REINVEST GRANT PRETRIAL FUND TO 2799 701001 JUDGES ADMIN - OTHER; $50,000.00 INTER-FUND ADVANCE FR 1001 701001 JUDGES ADMIN - ADV OUT TO 2795 701001 JUDGES ADMIN - ADV IN - $18,000.00, TO 2799 701001 JUDGES ADMIN - ADV IN - $32,000.00; $18,000.00 INTER-FUND ADVANCE FR 2795 701001 JUDGES ADMIN - ADV OUT, $32,000.00 INTER-FUND ADVANCE FR 2799 701001 JUDGES ADMIN - ADV OUT TO 1001 701001 JUDGES ADMIN - ADV IN - $50,000.00) (TO FUND CASH SHORTFALL IN CANTON MUNI GRANT FUNDS DUE TO DELAY OF PASSAGE OF STATE OF OHIO BUDGET). - FINANCE COMMITTEE 232. HEALTH COMMISSIONER ADAMS: AUTHORIZE AUDITOR TO RENAME FUND 2324 - STD SEROPREVALENCE GRANT TO FUND 2324 - NALOXONE ACCESS GRANT; AMEND APPROP O#50/2019 ($15,000.00 INTER-FUND TRF/ADV FR 1001 301001 HEALTH - ADMINISTRATION - OTHER ADVANCE OUT TO 2324 301001 - NALOXONE ACCESS GRANT; AMEND APPROP O#50/2019 ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2324 NALOXONE ACCESS GRANT TO 2324 301001 NALOXONE ACCESS GRANT - 600 PERSONNEL - $7,500.00, TO 2324 301001 NALOXONE ACCESS GRANT - 700 OTHER). - FINANCE COMMITTEE 233. HEALTH COMMISSIONER ADAMS: AUTHORIZE AUDITOR TO CREATE HEALTH DEPT AGENCY FUND 7601 - HEALTH FUND, WITHIN AGENCY FUND TYPE; MOVE ALL 2019 ASSOCIATED BUDGET ACTIVITY FROM CITY’S 1001 - GENERAL FUND TO 7601 - HEALTH FUND; AUTHORIZE AUDITOR TO RECLASSIFY HEALTH DEPT REPORTING ACTIVITY FR “GOVERNMENTAL - SPECIAL REVENUE FUND” TO “FIDUCIARY - AGENCY FUND”; MOVE ALL 2019 ASSOCIATED BUDGET ACTIVITY INTO NEW CATEGORY; PROVIDE FOR ELIMINATION OF CERTAIN HEALTH SPECIAL FUNDS WITH UNEXPENDED BALANCES BY TRF REMAINING BALANCE TO 7601 - HEALTH FUND WHEN ALL OBS INCURRED AND PAYABLE FR SUCH SPECIAL FUND IS COMPLETE AND NO LONGER NECESSARY AS PERMITTED BY O.R.C. SEC 5705.14(D); PROVIDE FOR RENAMING OF CERTAIN HEALTH DEPT FUNDS; PROVIDE FOR HUMAN RESOURCES DEPT AUTHORITY TO RECLASSIFY HEALTH DEPT EMPLOYEES OUT OF GOVERNMENTAL FUNDS TO FIDUCIARY - AGENCY FUND CLASSIFICATION; AMEND APPROP O#50/2019 ($463,500.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 301001 HEALTH ADMIN - OTHER; $463,500.00 SUPP APPROP FR UNAPPROP BAL OF 7601 HEALTH FUND TO 7601 301001 HEALTH ADMIN - PAYROLL - $60,500.00, TO 7601 301001 HEALTH ADMIN - OTHER - $185,000.00, TO 7601 303001 NURSES - PAYROLL - $86,000.00, TO 7601 303001 NURSES - OTHER - $10,000.00, TO 7601 304001 LAB - PAYROLL - $35,000.00, TO 7601 304001 LAB - OTHER - $30,000.00, TO 7601 307001 ENVIRONMENTAL HEALTH ADMIN - PAYROLL - $47,000.00, TO 7601 301001 ENVIRONMENTAL HEALTH ADMIN - OTHER - $10,000.00; $463,500.00 INTER-FUND TRF FR 1001 301001 HEALTH ADMIN - TRANSFER OUT TO 7601 301001 HEALTH ADMIN - TRANSFER IN); PROVIDE FOR CHANGES TO HAVE EFFECTIVE DATE OF OCTOBER 1, 2019 FOR BUDGET ACTIVITY AND OCTOBER 12, 2019 FOR PAYROLL ACTIVITY; EMERGENCY . - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -296- MINUTES OF THE MEETING JULY 15, 2019 234. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 PERMIT FOR MARC GLASSMAN INC DBA MARCS CANTON @ 3112 CLEVELAND AVE NW (WARD 7). - RECEIVED & FILED 235. MAYOR BERNABEI: LTR ADVISING OF RE-APPT OF TIM MILLER TO MAYOR’S COMMUNITY RELATIONS COMMISSION COMMENCING RETRO FR 7/1/19 THRU 6/30/21. - RECEIVED & FILED 236. PUBLIC UTILITIES COMM (OHIO): NORTHEAST OHIO NATURAL GAS CORP STAFF RPT. - RECEIVED & FILED 237. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY WITH WI-FIBER LLC; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCH OF SAID ITEMS IN ACCORD WITH PROCUREMENT PROCESS AUTHORIZED BY ORC OR CANTON COD ORD; AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS FOR INSTALLATION OF HARDWARE AND SOFTWARE NEEDED FOR PROJ; AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL OBS THAT ARISE WITH PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; AMEND APPROP O#50/2019 ($180,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN - OTHER; EMERGENCY). - FINANCE COMMITTEE 238. SERVICE DIRECTOR HIGHMAN: REQ FOR CONSENT LEG WITH OHIO DEPT OF TRANSPORTATION (ODOT) TO PERFORM SIGN REPLACEMENT ON US-62 FR W CORP LIMIT TO E CORP AND SR-43 FR US-30 TO 17TH ST NE WITHIN CANTON CORP LIMITS (D04 SIGN FY2021, PID 103277, GP1310, PLANNED FOR 2020). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 239. SERVICE DIRECTOR HIGHMAN: REQ FOR CONSENT LEG WITH OHIO DEPT OF TRANSPORTATION (ODOT) TO PERFORM RESURFACING WORK ON RAMPS AT US62 AND SR687 AT IR-77 INTERCHANGE WITH CANTON CORP LIMITS (STA-IR77/VAR- 11.84/VAR, PID 88936, GP1309, PLANNED FOR 2020). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 240. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR WOODLAND STREET SW WATER MAIN EXTENSION PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT FOR CONSTRUCTION OVERSIGHT SERVS FOR PROJ; AMEND O#50/2019 ($645,600.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207062 WOODLAND STREET SW WATER MAIN EXTENSION PROJECT - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHES; EMERGENCY. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES 241. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AND DIRECT AUDITOR TO PAY MORAL COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -297- MINUTES OF THE MEETING JULY 15, 2019 OB FOR COMPUTER SOFTWARE TO DELL MARKETING L.P. FOR AMT NOT TO EXCEED $4,487.12; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 242. SERVICE DIRECTOR HIGHMAN: REQ INF RESOLUTION AUTHORIZING SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $36,900.00 FOR REPAIR/REPLACEMENT OF ROOF AT COMM SERV BLDG (FORMER FIRE STATION #9). - FINANCE COMMITTEE 243. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 5/31/2019. - RECEIVED & FILED. 244. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF JUNE 28, 2019. - RECEIVED AND FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #15 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH HALL OF FAME VILLAGE II, LLC TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE CANTON CITY SCHOOL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82(C) OF THE REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY (75% FOR 15 YRS) Referred to Community & Economic Development 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 2020-2021 JUSTICE REINVESTMENT & INCENTIVE PROBATION GRANT IN THE AMOUNT OF $119,890; AND DECLARING THE SAME TO BE AN EMERGENCY (7/1/19 THRU 6/30/21) 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 THE RECEIPT OF THE FY 2020-2021 JUSTICE REINVESTMENT & INCENTIVE PRETRIAL GRANT IN THE AMOUNT OF $380,401; AND DECLARING THE SAME TO BE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -298- MINUTES OF THE MEETING JULY 15, 2019 AN EMERGENCY (7/1/19 THRU 6/30/21) Referred to Finance Committee #4. (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 2020-2021 COMMUNITY CORRECTIONS ACT GRANT IN THE AMOUNT OF $340,208; AND DECLARING THE SAME TO BE AN EMERGENCY (7/1/19 THRU 6/30/21) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($16,981.76 APPROP TRF FR 1001 104040 TRAFFIC ENG/PARKING METER - PERSONNEL TO 1001 104040 TRAFFIC ENG/PARKING METER - OTHER) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV FUND TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2020; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #9. (1ST RDG) A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF THE 2019 SUPPLEMENT TO THE CANTON CODIFIED ORDINANCES; TO AFFIX THE PRICE FOR THE SALE OF SAME; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #10. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 515, FAIR HOUSING OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -299- MINUTES OF THE MEETING JULY 15, 2019 #11. (1ST RDG) AN ORDINANCE APPROVING AND ADOPTING THE EXTENSION OF AN ALTERNATIVE METHOD FOR APPORTIONING THE STARK COUNTY UNDIVIDED LOCAL GOVERNMENT FUND FOR 2020 THROUGH 2022; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #12. (1ST RDG) A RESOLUTION AMENDING RESOLUTION 223/2004 TO EXPAND THE BORDERS OF THE EXISTING COMMUNITY REINVESTMENT AREA (CRA) CITY-WIDE TO CREATE A NEW, SINGLE COMMUNITY REINVESTMENT AREA WITHIN THE MUNICIPAL CORPORATION LIMIT KNOWN AS THE CANTON CITY COMMUNITY REINVESTMENT AREA; TO INCREASE THE TERM OF THE RESIDENTIAL ABATEMENT FROM TEN (10) TO FIFTEEN (15) YEARS FOR 100% OF THE INCREASE IN ASSESSED TAXES ATTRIBUTABLE TO NEW CONSTRUCTION OR REMODELING COSTS OF EXISTING STRUCTURES WHERE THE NEW CONSTRUCTION COSTS OR REMODELING COSTS ARE $5,000 OR MORE; TO CREATE A CLASSIFICATION OF MULTI-UNIT HOUSING WHICH DESIGNATES ANY BUILDING WITH MORE THAN THREE (3) RESIDENTIAL UNITS TO BE RESIDENTIAL FOR PURPOSES OF THE CRA; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development and Finance Committees #13. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 9751 AND 9752; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 202499, 208554, 234557 & 245789 @ 2306 TUSC ST W FOR TB-TUSC LLC, WARD 3) Referred to Public Safety & Thoroughfares Committee #14. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AMENDMENT/MODIFICATION IN AN ESTIMATED AMOUNT OF $268,760 WITH AECOM TECHNICAL SERVICES, INC. FOR ENGINEERING SERVICES RELATED TO THE 11TH STREET SE INTERSECTION AND ROADWAY IMPROVEMENT PROJECT, PID 90465, GP 1144; RETROACTIVELY AUTHORIZES ANY ACTIONS TAKEN PRIOR TO THE FINALIZATION OF SAID AMENDMENT/MODIFICATION TO FACILITATE THE PROJECT AND AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO SAME; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($107,760.00 SUPP APPROP FR UNAPPROP BAL OF 4568 11TH ST IMPROV PROJ GP 1144 FUND TO 4568 202095 11TH ST. IMPROV PROJ GP 1144 - OTHER) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -300- MINUTES OF THE MEETING JULY 15, 2019 #15. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 202001 ENGINEERING ADMIN - OTHER - $350,000.00, TO 4501 204010 OTHER BUILDINGS - OTHER - $100,000.00, TO 4501 201001 SERVICE DIRECTOR ADMIN - OTHER - $50,000.00) Referred to Public Property Capital Improvement and Finance Committees ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #16. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #16 THROUGH #25 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (618 8TH ST NW, PARCEL #223657) #17. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING T HE REPLAT OF ALL OF LOTS 30454, 31958, 31959, AND PART OF LOT 31962; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 220363, 216726 & 238011, CHRISTIAN WHITLOCK, 1711/1717 BELLFLOWER AVE SW, WARD 5) #18. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 14245, 14246, 14247, AND 34882; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 242269, 242270, 207055 & 218664, HAMMONTREE, WERNECKE, STARK CO LAND REUTILIZATION CORP, 415-501 COLUMBUS AVE NW, WARD 1) #19. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF OUTLOT 120, PART OF LOTS 3008 AND 3014, AND ALL OF LOTS 35589, 3011, 3013, 35883, 42572, 43106, 43107, 43108, 43109, AND 43110; AND DECLARING THE SAME TO BE AN EMERGENCY (618 HIGH AVE CORP) #20. (2ND 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 (PARCELS 244550 & 210921 @ 1703 FULTON RD NW, EMILY LARRICK, WARD 7) PUB HRG 7/29/19 @ 7:00 PM COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -301- MINUTES OF THE MEETING JULY 15, 2019 #21. (2ND 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 (NE FLOOD PLAIN AREA, WARD 4) PUB HRG 7/29/19 @ 7:01 PM #22. (2ND 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 (CENTRAL BUSINESS DISTRICT EXPANSION, WARDS 2 & 4) PUB HRG 7/29/19 @ 7:02 PM #23. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($40,000.00 APPROP TRF FR 2760 102001 POLICE ADMIN - OTHER TO 2760 102001 POLICE ADMIN - PERSONNEL) #24. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A ONE-YEAR, WITH THE OPTION OF TWO ONE-YEAR RENEWALS AT THE SOLE DISCRETION OF THE CITY, PROFESSIONAL SERVICES CONTRACT WITH M.E. SIMPSON CO., INC. FOR THE LARGE DIAMETER CONCRETE MAIN LEAK ASSESSMENT PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #25. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF OUTLOTS 940, 941, 947, 948, 953 AND LOTS 1134, 43097, 43098, AND PART OF OUTLOT 228 AND LOT 34170 AND THE DEDICATION OF PUBLIC STREET THRU SAID OUTLOT 953 AND PART OF OUTLOT 228; VACATING PORTIONS OF VARIOUS STREETS; AND DECLARING THE SAME TO BE AN EMERGENCY (DUEBER AVE, GARFIELD AVE, MARIOL CT, 19TH ST, 20TH ST & TIMKEN STEEL DR SW, WARD 5) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Res... Resolutions for their Third/Final Reading and Vote. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 117/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT AND ENTER INTO THE TAM O’SHANTER JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT AREA IN JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY (KNOWN AS TAM O’SHANTER JEDD FOR STRIP MALL) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #26. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -302- MINUTES OF THE MEETING JULY 15, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #26. Are there 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. 117/2019 PRESIDENT SHERER: Motion carries and Ordinance #26 is adopted. Ordinance #27, please. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #27 THROUGH #28 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 118/2019 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500.00 SUPP APPROP FR UNAPPROP BAL OF 2328 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 PUBLIC HEALTH INFRASTRUCTURE - 700 OTHER DIRECT COSTS PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 118/2019 PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted. Ordinance #28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 119/2019 AN ORDINANCE AMENDING SECTIONS 975.08, RATES; RESPONSIBILITY OF PUBLIC SERVICE DIRECTOR OF CHAPTER 975 SOLID WASTE MANAGEMENT SYSTEM AND 947.09, PAYMENT OF CHAPTER 947 SEWER RATES OF THE CODIFIED ORDINANCES OF CANTON PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -303- MINUTES OF THE MEETING JULY 15, 2019 MEMBER SMITH: Mr. President, I move we adopt Ordinance #28. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #28. Are there any remarks? ...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. 119/2019 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee... Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Finance will meet July 29th at 6:00 P.M. MEMBER HAWK: Mr. President. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: Public Safety & Thoroughfares will meet July 29th at 6:00 P.M. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. MEMBER FERGUSON: Mr. President. PRESIDENT SHERER: Member Ferguson. MEMBER FERGUSON: Community & Economic Development will meet same time, same place. MEMBER MARIOL: Mr. President, Judiciary will also meet same time, same place. PRESIDENT SHERER: Thank you, Member Mariol. MEMBER MARIOL: Thank you. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -304- MINUTES OF THE MEETING JULY 15, 2019 MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Member Smuckler. MEMBER SMUCKLER: Would I be in la... allowed to indulge to ask Mr. DiGiacomo one question, please? PRESIDENT SHERER: Yes. MEMBER SMUCKLER: Mr. DiGiacomo, do you believe that that 75% tax abatement, that we’re taking current money away from the schools if we pass that? PETE DIGIACOMO: Yes. MEMBER SMUCKLER: Yes. (Sighs) This is why, Eric. This is why. Today I contacted a School Board member based on a Facebook post for this exact reason. And I want you folks to hear this all out because we get painted as a brush as you all know. And you’re responsible for everything back to 1922 here, whether you were here or not. Now I know some people believe I was here in 1922. (Laughter) (Inaudible voices) Babby was, wow! (Chuckles) But, see I came on City Council in 1984, and downtown had deteriorated and there was no economic development in this community. And we’re all given a task of trying to create economic development in this community, but there’s always don’t do this, and don’t do this with this person, and don’t do this with somebody else, and you know what? I’m befuddled because I don’t know who the road map is anymore to do some of this economic development with. One of the things that I did as a newbie councilman with then newbie mayor, Sam Purses, was create an office building and a hotel. And I’ve probably bailed out the hotel no less than twice in the last thirty some years. Now the occupancy rate is below 30% of what I understand. The place is falling apart where my in-laws won’t stay there anymore. It’s a disaster. Now I don’t know what tool to use, but the one thing I promise you, we are not taking any current school money away if we pass this. It’s all based on future... future of what the abatement will be between what their currently paying now, and I asked this question so I don’t know what it’ll be, based on what the future fifteen million dollars they pour into this place. And that’s the 75% that’s being taken away. But I promise you that if the place goes under, which we’re close to, they will be getting what’s amounted to as a boarded up building. And they will pay less taxes based on that. I don’t know what to do anymore, and I don’t know what some folks expect us to do anymore, but I do know one thing. We have a tool, and I got really fired up about this today cause the tool is economic development in this community, and we shared with the School Board. This body, and I was a part of it during the Creighton Administration, poured a couple hundred thousand dollars into Fawcett Stadium because it was falling down, helping out the School Board. The five million we gave to Hall of Fame Village was basically the stadium was falling down again. And our money went towards the stadium. Now Mr. DiGiacomo, don’t even get me started on Lehman High School, of what we did to take that over. I have a great relationship with trying to work with other people, but the work has to go both ways. This is our tool to save the hotel. This is our tool to create economic development, and this is our tool to make this work and for the Hall of Fame to have COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -305- MINUTES OF THE MEETING JULY 15, 2019 a presence in downtown Canton. Does this mean they’re not going... cause this is the next big lie. Does this mean that they’re not going to build the hotel out there? No, they’re still going to build the hotel out there. But I can tell you one thing, when that hotel opened up, as Mr. Morris and I were talking about in the back room, in the 1980's it was first rate, first class, and I hope personally that I can do something about making it that way again. And will I give them and vote for a tax abatement? Yeah. But the thing that fired me up and I got criticized on your page one day because I said I can’t stand what happens on Facebook. And I can’t. Because if you tell the big lie often enough, the perception is that we’re taking the School Board’s money. Now they’re actually getting a 25% increase for whatever they put into it. But again, I’m also proposing with some other people that we create a city wide tax abatement for new buildings, for housing. That’s on your agenda tonight too. Because folks, it’s do or die. When the census comes around, it isn’t who’s legal and who’s not, it’s gonna be who’s still left here. And I want everybody I can to be here. And I was one of the biggest critics of tax abatement when I walked in here in the 1980's. But it’s changed cause it’s strictly on new development. That’s they key here. Now we can argue this till we’re blue in the face. I personally am putting my political neck out on the line to say this isn’t about the Hall of Fame, this is about saving a hotel that the citizens of this community get tax dollars off of if someone would stay there. And this is the only way to make it work. And I’m not picking on Mr. DiGiacomo because I thought that’s what your answer was. What my concern is, is economic development for this whole community, and am I gonna support abatements? Yeah, right now I’m gonna support abatements till we get this town back to where it needs to be. Thank you. MEMBER HALL: Mr. President. PRESIDENT SHERER: Member Hall. MEMBER HALL: You know, after what Member Smuckler said, I stayed in that hotel two years ago for my company Christmas party, and I was embarrassed because of the condition. In... in my opinion, we need to do whatever it takes to turn that around because it ain’t gonna get any better any other way. It’s gonna do nothing but get worse. And like what Mr. Smuckler said, it’ll be a boarded up building if we don’t do something. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: I just want to say one other thing just to hammer home this point that Member Smuckler made. If it gets done, on day one the School Board will get more money. With this tax abatement, if the project gets done, they will get more money. And that’s... that’s the... just crystal clear on how these abatements work. They’ll get 25% of what the property tax should be on top of what they are currently receiving. So this will be more money for the School Department if this gets done. PRESIDENT SHERER: I do have one thing myself. I received a post card from a resident, Dave Patete, and he asked me to read this in Council. It says please read at the Council meeting. “I would like to encourage all Canton City Council Members to take time to do more working together with Canton residents each day. Why don’t all Council Members take a few days a year to work with Canton’s Fire, Police and Service Departments to learn better what they do on a... on a daily basis and to also show their pride in the Hall of Fame City. And we also need more police walking the beat to provide... COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -306- MINUTES OF THE MEETING JULY 15, 2019 provi... prevent neighborhood crime.” And that was from Dave Petete, which also stems into... I had the pleasure of helping out with the southwest cleanup this past weekend, and I’ll be honest with you, I was blown away. Uh, I know Jason’s gonna make a few comments, but I was honored to... I was humbled to see how many people in our city actually still care. And it was actually serve day with the churches, so a lot of the community churches were involved and I’ll probably... I think, Jason, I think we had the biggest turnout that they’ve ever had. And I... I’d just like to thank everybody that helped out last Saturday for the southwest cleanup. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: If I could, I... I started the southwest cleanup three years ago when I first came into office cause I think it’s important that we give back. This year Aultman Area Neighborhood Association and the Raff Road Neighborhood Association wanted to do the southwest cleanup. I lended a hand where I could to make sure this continues to be successful. We’ve had numerous people through the three years start to support this. Alyssa Fabynick with Michael D’s donated pizza for this event. Lowe’s of North Canton, Lowe’s Home Improvement of North Canton came out with people, came out with gloves, came out with water and probably 15 boxes of contractor trash bags. Giant Eagle provided ten cases of water. Community Building Partnership was there with people and helped coordinate the event. Patty from the Health Department was there. Be a Better Me Foundation, LaMar Sharpe, was there with the kids from Be a Better Me Foundation. Woodlawn Church had their serve day and they brought about 50 people themselves. Davies Drugs on West Tusc, the owner and his son both showed up and... and provided service to the citizens that day. Cedar Elementary School Principal, Katherine Wise, opened up the... the school to host this event. Canton City Building Department was there and also City of Canton Sanitation provided roll off dumpsters that we filled two roll off dumpsters. This was a truly wonderful event. This year we had residents coming out saying hey, thank you for what your doing and being in our community. This was a big win for everybody, and I... I just hope that we can keep doing this and as we do these, we continue to see everything get better and better. We noticed that we didn’t have the trash in... in these areas like we did before, so now that allowed us a chance to get into back alleys and some things that we weren’t able to do before. So I... I just want to say how appreciative I am of all these volunteers and all these businesses that took their time to come out and say we believe in Canton and we want to help. Thank you. PRESIDENT SHERER: Thank you, Member Scaglione. Is there any additional Miscellaneous Business for this evening? Hearing none, Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: “Trust takes years to build, seconds to break and forever to repair.” - Author Unknown PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -307- MINUTES OF THE MEETING JULY 15, 2019 PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. Thank you for coming this evening. (Gavel falls). ADJOURNMENT TIME: 7:30 PM ATTEST: 7/17/19 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT