City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -308- MINUTES OF THE MEETING JULY 29, 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: 10 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, CHRISTINE SCHULMAN, BILL SMUCKLER, GREG HAWK, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL & PETER FERGUSON) TEN COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Ten present, one absent, Mr. President. EXCUSING MEMBERS MEMBER SMITH: Mr. President, excuse...(laughs)...Mr. President I move we excuse Member Morris from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to excuse Member Morris from this evening’s meeting. Are there any remarks?... Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: The motion carries and Member Morris is excused from this evening’s meeting. Tonight’s invocation will be given by Council Member-At-Large, Bill Smuckler. 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 29, 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 William Smuckler, Council Member-At-Large. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: Thank you, Member Smuckler. We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 10 through 24 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 for Ordinances 10 through 24 to this evening’s agenda. Are there any remarks?... Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -309- MINUTES OF THE MEETING JULY 29, 2019 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 10 through 24 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have three Public Hearings for this evening. Mr. Clerk, would you please announce the first Public Hearing. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; LOCATED AT 1703 FULTON RD NW (PARCELS 244550 & 210921) FROM R-3 (GARDEN & TOWNHOUSE APARTMENT DISTRICT) TO PB...PB-3 (GENERAL BUSINESS DISTRICT) IN WARD 7, PLANNING COMMISSION RECOMMENDS APPROVAL. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Zone Change... please step forward. I must repeat...Is there anyone in the audience wishing to speak for or against this Zone...Zone Change...please step forward. Seeing no one step forward, the clare...the Chair clares...declares the Public Hearing over this re... in regard to this matter. The matter now rests in the hand...hands of Council. The Ordinance will follow later this evening. Second Public Hearing, please Mr. Clerk. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; 84 PARCELS IN THE NE FLOOD PLAIN AREA LOCATED IN WARD 4 FROM I-1 (LIGHT INDUSTRIAL) TO OS (OPEN SPACE); PLANNING COMMISSION RECOMMENDS APPROVAL. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Zone Change...Zone Change... please step forward. I must repeat...Is there anyone in the audience wishing to speak for or against this Zone Change...please step forward. Seeing no one step forward, the Chair declares the Public Hearing over this regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. The third Public Hearing, please, Mr. Clerk. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; 4 AREAS ABUTTING THE CURRENT CENTRAL BUSINESS DISTRICT INCLUDING 140 PARCELS LOCATED IN WARDS 2 & 4 FROM R-1A, B-3 & B-4 TO B-5 (CENTRAL BUSINESS DISTRICT); PLANNING COMMISSION RECOMMENDS APPROVAL. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Zone Change... please step forward. I must repeat...Is there anyone in the audience wishing to speak...in the audience wishing to speak for or against this Zone Change...please step forward. Seeing no one step forward, the Chair declares the Public Hearing over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow...follow later this evening. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -310- MINUTES OF THE MEETING JULY 29, 2019 OLD BUSINESS PRESIDENT SHERER: We are now under Old Business and we have no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for tonight. Our first speaker is Eric Resnick. Eric, would you please step forward and give us your name and residential address, please. ERIC RESNICK: My name is Eric Resnick. 1828 Grace Ave NE. I’m speaking this evening in opposition to the property tax abatement (Inaudible), and I would ask that Members correct their frustration about this at me during the Miscellaneous Business comments (Inaudible). I was (Inaudible) the CRA. I understand that there is a nuance (Inaudible) Community Development Chair. I ask that City Council (Inaudible) Canton City School District and be briefed as to the impact of it to the schools. Member Smuckler (Inaudible). Let me read the description correctly (Inaudible). If approved, 75% of the real estate taxes (Inaudible) improvements to this property that is (Inaudible) will be exempted for a period of (Inaudible). Now, some facts. McKinley Grand property is currently valued at $4.5 million dollars, according to the Auditor. In 2018 it generated $117,000.00 in property taxes. Fifteen to twenty million in improvements is likely to raise that value. We don’t know how much, but we know Hall of Fame (Inaudible). .... 75% spread (Inaudible). Hall of Fame Village already has a 30 year TIF, interrupting property tax payments to school district. The public education funding model used by the state is changing in such a way that it is more important than it has been in a very long time to school districts like ours, to preserve and expand our local property taxes (Inaudible). Ohio law doesn’t create any mechanism for (Inaudible) education, interrupt or alter the tax revenue streams in the city. The financial health of the Canton City School District is an interest to the city of Canton. We are the largest and most consequential development project going on here. The education for the next generation of citizens. We are not (Inaudible) and if that’s not enough, 100% of Canton City School District employees pay Canton city income taxes which in 2018 totaled more than $1.7 million dollars. Finally, it is not the school district’s burden to ensure the economic viability of that property or any other property. It shouldn’t be the city’s either. I understand that the hotel is in distress, it is not suitable for your family members to stay there. That’s not the point. The city has bailed it out in numerous times before and it is still in distress. What makes this time any different? Except for the (Inaudible) of bailout money. Thank you. PRESIDENT SHERER: Thank you. Our next speaker is Pete DiGiacomo. Pete, could you please step forward and give us name and residential address, please. PETE DIGIACOMO: (Taps microphone) Is this thing on? PRESIDENT SHERER: Yep, you’re good Pete. PETE DIGIACOMO: (Inaudible). Is it on? (Inaudible). Okay...yeah... PRESIDENT SHERER: There you go, Pete. PETE DIGIACOMO: You’re gonna hear me. You can shut it off, but I’ll (Inaudible) okay...anyhow...the grass was attended to, cut down. (Taps mic). Thank you. Thank you. Thank you. Oh, and by the way, where they...you’ve done McKinley Avenue, thank you on that also, with the asphalt. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -311- MINUTES OF THE MEETING JULY 29, 2019 MEMBER SMITH: You’re welcome. PRESIDENT SHERER: (Laughs). PETE DIGIACOMO: (Inaudible). I don’t complain all the time. (Laughter). I do present atta-boys and atta- girls! PRESIDENT SHERER: Thank you Pete. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have no Informal Resolutions for this evening. 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 29, 2019. 245. AGENT FOR PETITIONER SLIMAN: ANNEX PETITION DOCS FILED WITH STARK COUNTY COMMISSIONERS 7/11/19 FOR TAMSAL & JEL LAUNDRY - FULTON DR/BLAKE AVE NW ANNEX. - RECEIVED & FILED 246. COUNCIL CLERK DOUGHERTY: WITHDRAW OBJECTION TO TRF OF C-1-2 LIQUOR PERMIT FOR COMMUNITY CONVENIENCE LLC, DBA DUEBER DRIVE THRU, 1037 DUEBER AVE SW, WARD 5. - JUDICIARY COMMITTEE 247. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR CONSTRUCTION SERVICES AND PURCHASE AND INSTALLATION OF EQUIP AND FURNISHINGS NEEDED TO ESTABLISH MED/DENTAL CLINIC; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCHASE OF SAID ITEMS IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER ORC OR CANTON CODIFIED ORD; AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE ANY AND ALL CONTRACTS NECESSARY TO ENTER INTO LEASE AGMT WITH ENTITY TO PROVIDE MED/DENTAL SERVICES AT EDWARD “PEEL” COLEMAN CTR; AUTHORIZE MAYOR AND/OR SERV DIR TO UTILIZE APPROX $1,005,000.00 OF ISSUE 13 FUNDS TO RENOVATE PORTION OF EDWARD “PEEL” COLEMAN CTR; AMEND APPROP O#50/2019 WITH $1,005,000.00 SUPP APPROP FR UNAPPROP BAL OF 2170 NEIGHBORHOOD FUND TO 2170 200501 GENERAL GOV’T SUPPORT ADMIN - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -312- MINUTES OF THE MEETING JULY 29, 2019 248. FINANCE DIRECTOR CROUSE: REQ $1,292.00 SUPP APPROP FR UNAPPROP BAL OF 1151 LAND REUTILIZATION AND NOTE FUND TO 1151 101501 CODE ENFORCEMENT ADMIN - OTHER. - FINANCE COMMITTEE 249. FINANCE DIRECTOR CROUSE: REQ $134,484.00 SUPP APPROP FR UNAPPROP BAL OF 2658 FY 2016 ASSIST TO FIREFIGHTERS GRANT FUND TO 2658 103001 FIRE ADMIN - OTHER AND $134,484.00 INTER-FUND ADV REPAYMENT FR 2658 103001 FIRE ADMIN - ADV OUT TO 1001 103001 FIRE ADMIN - ADV IN. - FINANCE COMMITTEE 250. MAJORITY LEADER SMITH: AUTHORIZE APPT OF DR. PETER FERGUSON TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL COMMENCING 8/12/19 THRU COMPLETION OF HIS COUNCIL TERM. - PERSONNEL COMMITTEE 251. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND WATER MAIN TO SARATOGA HILLS NO. 5 LOCATED IN PLAIN TWP; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL AGMTS, INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID EXTENSION; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 252. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR JUNE, 2019. - RECEIVED & FILED 253. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS MADE TO AMBULANCE LOCK BOX FOR JUNE, 2019. - RECEIVED & 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 #9 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 7601 HEALTH FUND AND RECLASSIFY HEALTH DEPARTMENT REPORTING ACTIVITY FROM “GOVERNMENTAL-SPECIAL REVENUE FUND” TYPE CATEGORY TO “FIDUCIARY-AGENCY” TYPE CATEGORY OF REPORTING AND MOVE ALL 2019 ASSOCIATED BUDGET ACTIVITY INTO THE NEW TYPE CATEGORY; AUTHORIZING THE ELIMINATION OF CERTAIN HEALTH SPECIAL FUNDS WITH UNEXPENDED BALANCES BY TRANSFERRING THE REMAINING BALANCE TO THE NEWLY CREATED 7601 HEALTH FUND WHEN ALL OBLIGATIONS INCURRED AND PAYABLE FROM SUCH SPECIAL FUND IS COMPLETE AND THE FUND IS NO LONGER NECESSARY AS PERMITTED BY ORC SECTION 5705.14(D); COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -313- MINUTES OF THE MEETING JULY 29, 2019 AUTHORIZING THE RENAMING OF CERTAIN HEALTH DEPT. FUNDS; AND AUTHORIZES THE HUMAN RESOURCE DEPT. TO RECLASSIFY HEALTH DEPARTMENT EMPLOYEES OUT OF THE GOVERNMENTAL TYPE FUNDS TO THE NEW FIDUCIARY-AGENCY FUND TYPE CLASSIFICATION; AMENDING APPROPRIATION ORD. NO. 50/2019; AUTHORIZING THE EFFECTIVE DATE OF THE FOREGOING CHANGES; AND DECLARING THE SAME TO BE AN EMERGENCY ($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, 7601 301001 HEALTH ADMIN - OTHER - $185,000.00, 7601 303001 NURSES - PAYROLL - $86,000.00, 7601 303001 NURSES - OTHER - $10,000.00, 7601 304001 LAB - PAYROLL - $35,000.00, 7601 304001 LAB - OTHER - $30,000.00, 7601 307001 ENVIRONMENTAL HEALTH ADMIN - PAYROLL - $47,000.00, 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) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ADVERTISE RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY WITH WI-FIBER LLC FOR THE PURCHASE OF HARDWARE, SOFTWARE, LICENSING; CONFIGURATION, INSTALLATION, AND NETWORK ACTIVATION; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY THE OHIO REVISED CODE OR CANTON CODIFIED ORDINANCES; AND ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS FOR THE INSTALLATION OF THE ABOVE-REFERENCED HARDWARE AND SOFTWARE NEEDED FOR THIS PROJECT; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS THAT ARISE WITH THIS PROJECT; AMENDING APPROPRIATION ORD. NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($180,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN -OTHER) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO SIGN REPLACEMENT ON US 62 FROM THE W. CORP. LIMIT TO THE E. CORP. LIMIT, SR-43 FROM US-30 TO 17TH STREET NE IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ODOT, D04 SIGN FY 2021, PID 103277, TP 1310) Referred to Public Safety & Thoroughfares Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -314- MINUTES OF THE MEETING JULY 29, 2019 RESURFACING OF STA US 62 AND SR 687 RAMPS AT THE I-77 INTERCHANGE IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ODOT, STA-IR77/VAR-11.84/VAR, PID 88936, GP 1309) Referred to Public Safety & Thoroughfares Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT AND EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($645,600.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207062 WOODLAND ST SW WATER MAIN EXTENSION PROJ - OTHER) Referred to Environmental & Public Utilities and Finance Committees #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $4,487.12 TO DELL MARKETING L.P.; AND DECLARING THE SAME TO BE AN EMERGENCY (AUTOMATIC METER READING DATA COLLECTION UNITS) Referred to Finance Committee #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 120/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT A DONATION OF LAND FROM THE ESTATE OF JAMES L. BRECHBILL; AND DECLARING THE SAME TO BE AN EMERGENCY (1319 WOODWARD PL NW, PARCEL #227179) Referred to Community & Economic Development Committee #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 121/2019 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 701001 JUDGES ADMIN - OTHER; $18,000.00 SUPP APPROP FR UNAPPROP BAL OF 2795 JUSTICE REINVEST GRANT FUND TO 2795 701001 JUDGES ADMIN- PAYROLL; $32,000.00 SUPP APPROP FR UNAPPROP BAL OF 2799 JUSTICE REINVEST GRANT PRETRIAL FUND TO 2799 701001 JUDGES ADMIN - PAYROLL; $50,000.00 INTERFUND ADV 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; INTERFUND ADV REPAYMENT FR 2795 701001 JUDGES ADMIN - ADV OUT - $18,000.00, FR 2799 701001 JUDGES ADMIN - ADV OUT - $32,000.00 TO 1001 701001 JUDGES ADMIN - ADV IN - $50,000.00) COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -315- MINUTES OF THE MEETING JULY 29, 2019 Referred to Finance Committee #9. (1ST RDG) ADOPTED AS ORDINANCE NO. 122/2019 AN ORDINANCE AUTHORIZING THE AUDITOR TO RENAME THE 2324 STD SEROPREVALENCE GRANT FUND TO THE 2324 NALOXONE ACCESS GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 INTER-FUND TRF FR 1001 301001 HEALTH ADMINISTRATION - OTHER ADVANCE OUT TO 2324 301001 NALOXONE ACCESS GRANT; $15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2324 NALOXONE ACCESS GRANT FUND TO 2324 301001 NALOXONE ACCESS GRANT - 600 PERSONNEL - $7,500.00, - 700 OTHER - $7,500.00) Referred to Finance Committee CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time the Chair would declare an in-house recess for Community & Economic Development and Finance Committees to meet in regard to Ordinances 7, 8 and 9 on your agenda this evening. You are now in recess. COUNCIL RECESSED AT 7:16 PM FOR THE COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES TO DISCUSS O#7, O#8 AND O#9; RECONVENED AT 7:26PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith. LEADER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinances 7, 8 and 9 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 7, 8 and 9 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: Ordinances 7, 8 and 9 are a legal part of your agenda. Leader. LEADER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinances 7, 8 and 9. MEMBER BABCOCK: Second. PRESIDENT SHERER: There’s a motion to suspend the Statutory Rules on Ordinances 7, 8 and 9. Are there any remarks? ...Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -316- MINUTES OF THE MEETING JULY 29, 2019 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #7. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: I’ll second that. PRESIDENT SHERER: Okay. It’s been moved and seconded that you adopt Ordinance #7. Are there any remarks under this Ordinance? MEMBER BABCOCK: Mr. President... PRESIDENT SHERER: Member Babcock... MEMBER BABCOCK: I have question for uh...Law Director. This is coming from an estate, correct? LAW DIRECTOR AYLWARD: Yes. MEMBER BABCOCK: Don’t the estate...isn’t the estate responsible for what’s left behind sometimes. LAW DIRECTOR AYLWARD: Well, here would be the procedure, and I explained this to Mr. Mariol. When we have these kinds of problem properties, we can pursue whoever inherited them. Our (Inaudible) is to criminally charge the person and if that’s how we can enforce them, if they still don’t have the money or chose not to tear down, then we do it at 100% our costs and then we put a lien on the empty lot, which won’t pay us money. So, we can use our (Inaudible) course on this, but I am uncomfortable prosecuting the widow because again, she...I’m not trying to get (Inaudible), you know she was not responsible for these and tried to help him with his hoarding and some other things, but if you guys, you know, want this down, then that’s what we will be pursuing. MEMBER MARIOL: Mr. President. And...and to kind of echo with the 100%, not to get too much into their interpersonal relationship, but she was not a part of running the rental properties. She has inherited this problem. But the bigger thing, the bigger problem is that the neighborhood has put up with a house that is in disrepair for a very, very long time. And this is an opportunity for us to get a hold of a property that is a problem, that is pulling down a neighborhood, that if we’re able to demo this property at 50% of the cost, this is a good thing for the city, this is a good thing for the neighborhood. Uh...you know...I have received, this year, multiple phone calls on this property. Um...people are living next to something that they should not have to live next to. This is an opportunity for us to solve that at a very reduced cost. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -317- MINUTES OF THE MEETING JULY 29, 2019 MEMBER SCHULMAN: I think the concern from what (Inaudible), is wasn’t that something from the estate of when she was married to this gentleman, is that she enjoyed the proceeds from all the homes that they had purchased, yet she isn’t responsible for this. And it’s not that there’s a story behind this, so, knowing that that’s the biggest concern of the Members voting for this tear down, what could you share with us that would make us (Inaudible) about that? MEMBER MARIOL: Mr. President. I would be uncomfortable to get into personal things in a personal setting. MEMBER SCHULMAN: But I wouldn’t ask for that. I’m just saying is there a certain standard that would make us feel better about the fact that they were estranged or she got all of the proceeds and left to spend it on something and now wants the city to (Inaudible). MEMBER MARIOL: Yeah, I would say that any person, and it kind of echos what the Law Director was saying, any person who would understand their inter-workings would not want...(Inaudible) criminally prosecuting this lady for something that this gentleman did incorrectly. I don’t think (Inaudible) public is going to want to pursue that. And what we’re going to be left with is...we’re going to be left with a house that’s running down a neighborhood and the time frame to be able to take advantage of the 50-50 program has passed us. So then, down the road, we’re going to have to figure out, you know, are we going to demo this thing at a higher cost. MEMBER HAWK: Mr....comment. PRESIDENT SHERER: Member Hall. MEMBER HALL: Uh...Law Director...so...what I’m hearing...we’ve been cutting this lot anyways. Have we been billing anybody for that? LAW DIRECTOR: I am not aware if we’re cutting the lot or not, and if we are, then yes, we (Inaudible), if we’re cutting it, but I don’t know that we are or not. I never was asked to look into that. I don’t know. PRESIDENT SHERER: You still want to comment? MEMBER HAWK: Thank you. This is a tough decision. It’s hard. Mr. Brechbill took advantage of everything you ever wanted to see as a landlord. He held us up over repairs, he’d go put a board on and claim he was doing all kinds of work. This is a man who was very savvy on getting around government issues, alright. He got around us again, folks. I mean, he dumped a piece of property...honestly, there’s probably tax liens against it, there’s probably everything else going on. I understand it will improve the neighborhood, but Mr. Brechbill just got us from the grave. (Laughter). MEMBER MARIOL: I just want to point out one thing...(Laughter)...The gentleman is dead. He hasn’t gotten over us. He’s not... MEMBER HAWK: ...Oh yes he did, because we’re going to pay for this and there’s probably taxes and everything else owed on it. I’m going to vote for this, but very much in opposition to it. It’s a good thing to do, but this is just a bad person who did a bad job as a landlord. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -318- MINUTES OF THE MEETING JULY 29, 2019 PRESIDENT SHERER: Are there any additional remarks under this Ordinance? PETE DIGIACOMO: Hell yes. PRESIDENT SHERER: ...Hearing none, roll call...roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 120/2019 PRESIDENT SHERER: Ordinance #7 has been adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any remarks under this Ordinance? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 121/2019 PRESIDENT SHERER: Are we ready? MEMBER SMITH: Excuse me. Excuse me. Excuse me. Thank you. PRESIDENT SHERER: Ordinance #8 has been adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #9. Are there any remarks under this Ordinance? ...Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 122/2019 PRESIDENT SHERER: Ordinance #9 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -319- MINUTES OF THE MEETING JULY 29, 2019 Reading. Mr. Clerk, please begin with Ordinance #10. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #10 THROUGH #24 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #10. (2ND 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) #11. (2ND 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) #12. (2ND 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) #13. (2ND 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 #14. (2ND 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 #15. (2ND 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 #16. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 515, FAIR HOUSING OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #17. (2ND RDG) AN ORDINANCE APPROVING AND ADOPTING THE EXTENSION OF AN ALTERNATIVE METHOD FOR APPORTIONING THE STARK COUNTY UNDIVIDED LOCAL GOVERNMENT FUND FOR 2020 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -320- MINUTES OF THE MEETING JULY 29, 2019 THROUGH 2022; AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY #18. (2ND 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) #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AMENDMENT/MODIFICATION IN AN ESTIMATED AMOUNT OF $268,760.00 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) #20. (2ND RDG) ADOPTED AS ORDINANCE NO. 123/2019 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 $119,890.00; AND DECLARING THE SAME TO BE AN EMERGENCY (7/1/19 THRU 6/30/21) #21. (2ND RDG) ADOPTED AS ORDINANCE NO. 124/2019 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 $380,401.00; AND DECLARING THE SAME TO BE AN EMERGENCY (7/1/19 THRU 6/30/21) #22. (2ND RDG) ADOPTED AS ORDINANCE NO. 125/2019 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 $340,208.00; AND DECLARING THE SAME TO BE AN EMERGENCY (7/1/19 THRU 6/30/21) #23. (2ND RDG) ADOPTED AS ORDINANCE NO. 126/2019 A RESOLUTION AMENDING COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -321- MINUTES OF THE MEETING JULY 29, 2019 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 $5,000.00 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 #24. (2ND RDG) ADOPTED AS ORDINANCE NO. 127/2019 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) PRESIDENT SHERER: Leader. LEADER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinances 20 thru 24. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 20 thru 24. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #20. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #20. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -322- MINUTES OF THE MEETING JULY 29, 2019 CLERK DOUGHERTY: Ten yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 123/2019 PRESIDENT SHERER: The motion carries and Ordinance #20 is adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #21. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #21. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 124/2019 PRESIDENT SHERER: The motion carries and Ordinance #21 is adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #22. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #22. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 125/2019 PRESIDENT SHERER: The motion carries and Ordinance #22 is adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #23. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s moved...it’s been moved and seconded to adopt Ordinance #23. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 126/2019 PRESIDENT SHERER: The motion carries and Ordinance #23 is adopted. Leader. LEADER SMITH: Mr. President, I move we adopt Ordinance #24. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -323- MINUTES OF THE MEETING JULY 29, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s moved...it’s been moved and seconded to adopt Ordinance #24. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 127/2019 PRESIDENT SHERER: The motion carries and Ordinance #24 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk, please begin with Ordinance #25. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #25 THROUGH #34 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 128/2019 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) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #25. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #25. Are there any...are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 128/2019 PRESIDENT SHERER: Motion carries and Ordinance #25 is adopted. Mr. Clerk, Ordinance #26, please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 129/2019 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 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -324- MINUTES OF THE MEETING JULY 29, 2019 EMERGENCY (PARCELS 220363, 216726 & 238011, CHRISTIAN WHITLOCK, 1711/1717 BELLFLOWER AVE SW, WARD 5) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #26. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #26. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 129/2019 PRESIDENT SHERER: Motion carries and Ordinance #26 is adopted. Mr. Clerk, Ordinance #27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 130/2019 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) 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 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 130/2019 PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted. Ordinance #28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 131/2019 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 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -325- MINUTES OF THE MEETING JULY 29, 2019 BE AN EMERGENCY (618 HIGH AVE CORP) PRESIDENT SHERER: Leader. 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 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 131/2019 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopted. Ordinance #29, please. #29. (3RD RDG) ADOPTED AS ORDINANCE NO. 132/2019 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 PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #29. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #29 ADOPTED AS ORDINANCE NO. 132/2019 PRESIDENT SHERER: Motion carries and Ordinance #29 is adopted. Ordinance #30, please. #30. (3RD RDG) ADOPTED AS ORDINANCE NO. 133/2019 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 PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -326- MINUTES OF THE MEETING JULY 29, 2019 MEMBER SMITH: Mr. President, I move we adopt Ordinance #30. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #30. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #30 ADOPTED AS ORDINANCE NO. 133/2019 PRESIDENT SHERER: Motion carries and Ordinance #30 is adopted. Ordinance #31,please. #31. (3RD RDG) ADOPTED AS ORDINANCE NO. 134/2019 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 PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #31. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #31. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #31 ADOPTED AS ORDINANCE NO. 134/2019 PRESIDENT SHERER: Motion carries and Ordinance #31 is adopted. Ordinance #32, please. #32. (3RD RDG) ADOPTED AS ORDINANCE NO. 135/2019 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) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #32. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -327- MINUTES OF THE MEETING JULY 29, 2019 PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #32. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #32 ADOPTED AS ORDINANCE NO. 135/2019 PRESIDENT SHERER: Motion carries and Ordinance #32 is adopted. Ordinance #33, please. #33. (3RD RDG) ADOPTED AS ORDINANCE NO. 136/2019 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 PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #33. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #33. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #33 ADOPTED AS ORDINANCE NO. 136/2019 PRESIDENT SHERER: Motion carries and Ordinance #33 is adopted. Ordinance #34, please. #34. (3RD RDG) ADOPTED AS ORDINANCE NO. 137/2019 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) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #34. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -328- MINUTES OF THE MEETING JULY 29, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #34. Are there any...any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #34 ADOPTED AS ORDINANCE NO. 137/2019 PRESIDENT SHERER: Motion carries and Ordinance #34 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee... Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Finance will meet August 12 at 6:00, here in the Council Chambers. MEMBER BABCOCK: Mr. President. Pers...Personnel, the same time, same place. MEMBER HAWK: Mr. President. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: Thank you. Public Safety & Thoroughfares will meet Monday, July 12th (Inaudible). MEMBER FISHER: Mr. President. PRESIDENT SHERER: Member Fisher. MEMBER FISHER: Environmental & Public Utilities will meet August 12th at 6:30...6:00, geez! LAW DIRECTOR AYLWARD: Mr. President. (Inaudible)...to throw our budget in, but we will need a brief Executive Session to discuss pending litigation on August 12th. I don’t know if you want that... CLERK DOUGHERTY: Is it likely to take (Inaudible). LAW DIRECTOR AYLWARD: It should not be long. Sorry. Announce it for 6:00 if the Clerk unless the Clerk feels otherwise. CLERK DOUGHERTY: We’ve got a presentation...30 minute presentation on something. We’ll do the Executive Session...5:45? Majority Leader. MEMBER SMITH: Did you say 5:45? Ok. That’s good. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -329- MINUTES OF THE MEETING JULY 29, 2019 CLERK DOUGHERTY: We’ll do the Executive Session and then do the Committee Meetings? MEMBER SMITH: That’s fine. LAW DIRECTOR AYLWARD: Thank you very much, Majority Leader. (Inaudible). 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: First, but not foremost, just for public record, Channel 5 ran a story that Canton Towers without...was without elevator service for the last 24 to 36 hours. Um...I know Council Member Smith and myself have both gone over to Canton Towers. Um...there’s one elevator up and running. There is some problem with people walking the steps, up and down that facility and we, for the record, we have contacted the Law Director and Zoning and whatever else we need to go through to try the...and the Mayor to get this resolved very quickly because for the age and some of the other problems in that facility, it is not possible for some of the people on the top floor to walk those stairs. Second...Mr. Resnick, don’t tell me who to talk to in this place. I’ve been here way too long for that. Mr. DiGiacomo and I have a great relationship and I’m always asking questions for him. And tonight I asked the question and now I want to report on it. The gentleman from the Hall of Fame sort of glossed over this, but the Field House will stay, the um...High School will stay...um...the...the Natatorium will stay and they will be used. To what extent, I don’t know. That’s not under us. That’s under somebody else. And the School Board will make that decision. Now, based on decisions we get to make...we’re going to make decisions for jobs, and for jobs, and for more jobs, and for people moving into this community. I know how important the schools are. I paid to tuition for my oldest daughter to graduate from McKinley High School. Checking with some other people around here, you get something out of tariffs...TIF’s, whatever you want to call ‘em. See, you glossed over that part. I’m asking this body to vote for jobs next week and I’m asking this body to vote for more people to move into this community to support the school system. Not just hope they move in. But, getting people tax abatements is a heck of a start. We have empty lots in this community that could be sold out and people could be building homes. I’ll start in Ward 4, at the Quarry and I’ll continue to move on to some other areas. We need people to support the school system, Eric, but it’s a question of how we do it and we totally disagree down here. And next week, unless I miss my guess, and I’ve been here a long time, we’re gonna be voting for jobs and home building in this community. Thank you. PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? CLERK DOUGHERTY: Yeah, Mr. President... PRESIDENT SHERER: Pardon me? CLERK DOUGHERTY: So, for clarification, Committee Meetings will start, officially, at 5:45. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -330- MINUTES OF THE MEETING JULY 29, 2019 PRESIDENT SHERER: Thank you. ...Hearing none, Clerk Dougherty, our quote for the week please. CLERK DOUGHERTY: Hall of Fame week. Parades, (Inaudible), and so I’ve got a quote from Will Rogers. “We can’t all be heros cause somebody has to sit on the curb and clap as they go by.” - Will Rogers PRESIDENT SHERER: Leader Smith. MEMBER SMITH: That was so precious. (Laughs). Thank you, Clerk Dougherty, for that. Mr. President, meeting adjourned. MEMBER BABCOCK: Second. (Inaudible). PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. Thank you for coming this evening. (Gavel falls). ADJOURNMENT TIME: 7:55 PM ATTEST: APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT