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City Council

Regular Meeting

Canton, OH · January 12, 2015

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -13- MINUTES OF THE MEETING JANUARY 12, 2015 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Geez, sorry. Welcome to Canton City Council and the Ohio THE Ohio State University victory tonight (One applause) national championship. CLERK TIMBERLAKE: Woo, woo. PRESIDENT SCHULMAN: And that means that we are gonna rocket ship this meeting tonight. I want to welcome Central Catholic student tonight. You want to stand up, give a little round of applause. (Applause) I’m not picking on one necessarily, but I understand one is Craig Chessler’s daughter who absolutely looks like her mom, which is a (Laughter) which is a really good thing. (Laughter) And with a quorum being present, the Chair does call this meeting of Canton City Council to order. Roll call vote please, Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL, & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Tonight’s invocation will be given by my very good friend, Council One Member, Greg Hawk. If you’ll all stand and remain standing, please, for our Pledge of Allegiance. The regular meeting of Canton City Council was held on January 12, 2015 at 6:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Greg Hawk, Ward 1 Council Member. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES MEMBER WEST: Mr. President, I think... PRESIDENT SCHULMAN: Member West. MEMBER WEST: I think that’s the second prayer that Member Hawk has done in twelve years. (Laughter) (Inaudible background voices) PRESIDENT SCHULMAN: Leader, we’re now under Agenda Corrections and Changes, please. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings, Ordinances #7 through and include #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add 2nd Readings COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -14- MINUTES OF THE MEETING JANUARY 12, 2015 Ordinances 7 through 10, to this evening’s agenda. Any remarks? Hearing none, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Motion carries Rule 22A is suspended and the ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Under Old Business, the Deputy Mayor, Fonda Williams, has informed me he has no old business this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We do have two speakers this evening, both of whom have spoke before. Mr. Parker, James Parker, if you’ll step forward. As welc- as always, welcome, sir. If you’ll give us your name, your residential address, please. JAMES PARKER: Hi, I’m Charlie Hebdo. For those in the current media events in the world, you’ll know exactly what I mean. Actually, my name is James Parker. I reside at 630 Penny Street Southwest Southeast in the City of North Canton. Concerning some of Canton City’s Council past desire to make aggravated asphalt application and codified ordinance, whereas the paving or roads after a certain date or temperature would be a crime. My question, why? So that Councilman Frank Morris sitting on his porch ten years from now can find out how the officer who went to enforce the offense of aggravated asphalting was tarred, pebbled and steam rolled? In light of all the problems manifested by police enforcing laws, like getting strangled to death for selling loose cigarettes on the sidewalk, why not let this be your guide? Do not pass an ordinance or law that you wouldn’t shoot someone over it. This council’s reason and logic can be powerful tools, but they can also be twisted and manipulated. Ask yourself, did the means justify the ends? My concern is that the means corrupt the ends. Or worse, become an end in themselves, without this honorable council even realizing it. There’s a great illustration of this in the classic I, Robot by Isaac Asimov. This book written and compiled in the forties and fifties looks towards a future where robots are commonplace in society. They have become so intelligent that they’d almost taken on a sentient type of personality. Their programming at the core was guided by three laws or robotics. First, they could not injure a human or through inaction allow a human to come to harm. Second, they had to obey the orders of human beings unless it conflicted with the first law. Third, had to protect its own existence provided it did not interfere with the first two laws. As the book evolves, despite the laws that guide the robots, they begin their to find creative logical ways around those laws. One robot allows humans to come to harm because it believed that eventually it would its work would cause more humans not to come to harm. Another robot used logic to hind amongst its peers and not do the work it was ordered to do, and it was able to lie to humans. Basically, using pure logic the robots in the book evolve to a point where they can get around the laws that guide them. That speaks I think directly to our human experience. People, all of us, have no problem finding reasonable excuses to act the way we do or do the things that we do. Isaac Asimov governed the robots with in his fictional world with three laws, and even COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -15- MINUTES OF THE MEETING JANUARY 12, 2015 those were twisted and manipulated in a way that deceived and harmed. In the end you must be mindful and careful with what this council reasons itself into and out of. For the end an object of a state’s existence, or city, is not physical might. It embodies might only in order that it may protect and develop the nobler aspects of mankind. In addition to body cameras, I’m asking that the city police department carry tourniquets that cost less than five dollars. They’re combat tourniquets, there’s several varieties. If someone is shot, you need to stop the bleeding and the hemorrhaging immediately. You don’t have time to go to your trunk and get out the first aid kit and search around for the tourniquet. You need it right on your body where the soldiers have them, where the swat teams have them, where they’re just as important or more important than that camera, cause they can stop bleeding. They just don’t take pictures of somebody bleeding to death. Thank you very much. Good night. PRESIDENT SCHULMAN: Thank you, Mr. Parker. Our next speaker is Kimberly Pantoya. Ms. Pantoya, are you here? (Inaudible voice) Oh, good. Alright. That then concludes public speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We turn to Informal Resolutions. We have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to 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 JANUARY 12, 2015. 5. ANNEXATION CHAIRMAN WEST: REQ STATEMENT OF SERVICES FOR WATER RECLAMATION FACILITY ANNEXATION OF 184.450 ACRES LOCATED IN CANTON TOWNSHIP. - ANNEXATION COMMITTEE 6. AUDITOR MALLONN: MNTHLY REPORT BY FUND FOR 12/1/14 THRU 12/30/14. - RECEIVED & FILED 7. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO TRANSFER PROP TO CCIC BECAUSE IT IS NO LONGER NEEDED FOR MUNI PURPOSES (PARCEL NO. 239677). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 8. LAW DIRECTOR MARTUCCIO: REQ SUPP APPROP TO RESTORE FUNDS ORIGINALLY REQUESTED TO MEET LEGAL OBLIGATION ($3,533.00 FROM UNAPPROP BAL OF THE 1001 GENERAL FUND TO 1001 753001 - OTHER). - FINANCE COMMITTEE 9. LAW DIRECTOR MARTUCCIO: AUTHORIZE SERV DIR TO RENEW CONTRACT FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY, EMPLOYEE BENEFITS LIABILITY INSURANCE, AND CYBER LIABILITY INSURANCE WITH OHIO PLAN THROUGH HYLANT GROUP IN AMT NOT TO EXCEED $164,255.00 RETROACTIVE TO 1/1/15 THRU COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -16- MINUTES OF THE MEETING JANUARY 12, 2015 1/1/16. - FINANCE COMMITTEE 10. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE-YR CONTRACT, WITH OPTION OF TWO (2) ONE-YR RENEWALS AT THE DISCRETION OF THE CITY, FOR EVALUATION OF WATER DISTRIBUTION VALVES; SUPP APPROP OF $395,000.00 FROM UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 75812 WATER DISTRIBUTION FUND - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 11. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE A PROF SERV CONTRACT FOR CONSTRUCTION ENGINEERING; AUTHORIZE MAYOR AND/OR SERV DIR TO RECEIVE ZERO PERCENT LOAN IN AMT OF $1,323.598 WITH A TWENTY YEAR TERM FROM OPWC; AUTHORIZE MAYOR AND/OR SERV DIR TO PURCH AN EASEMENT AND TO MAKE PYMT TO SYSTEM CAPITAL REAL PROPERTY CORPORATION; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE SEPARATE FUNDS FOR TRACKING PROJ REVENUES AND EXPENDITURES AND APPROP THE TOTAL OPWC FUNDING AMOUNT OF $1,323.598 ($1,323.598 FROM 5229 UNAPPROP BAL OF FAIRCREST ST SW WATER MAIN PROJECT TO 5229 207031 FAIRCREST STREET SW WATER MAIN PROJECT - OTHER); MAKE SUPP APPROP OF $330,000.00 FROM 5201 UNAPPROP BAL OF WATER FUND TO 5201 207031 FAIRCREST ST SW WATER MAIN PROJECT - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 12. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR DECEMBER 2014. - RECEIVED & FILED 13. TREASURER PEREZ: RPT OF DEPOSITS AND PAY IN FOR AMBULANCE LOCK BOX ACCT FOR DECEMBER 2014. - RECEIVED & FILED 14. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 12/31/14. - RECEIVED & FILED 15. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 12/31/14. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for their First Reading. Madame Clerk, would you please begin with Ordinance 1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -17- MINUTES OF THE MEETING JANUARY 12, 2015 #1. (1ST RDG) TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $5,000,000.00 TO PROVIDE FUNDS TO PAY A PORTION OF THE COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING OR EQUIPPING AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HALL OF FAME) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH THE 1154 HOF VILLAGE PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000,000.00 SUPP APPROP FROM UNAPPROP BAL OF 1154 HOF VILLAGE PROJ FUND TO 1154 HOF VILLAGE PROJ - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS Referred to Finance Committee #3. (1ST RDG) TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000.00 FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, RECONSTRUCTING AND IMPROVING CITY BUILDINGS, INCLUDING, WITHOUT LIMITATION, THE REPLACEMENT OF THE CITY HALL ROOF, THE CIVIC CENTER ROOF AND IMPROVEMENTS TO OTHER CITY FACILITIES Referred to Public Property Capital Improvement Committee #4. (1ST RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A GENERAL OBLIGATION BOND ANTICIPATION NOTE BY THE CITY OF CANTON IN ANTICIPATION OF THE COLLECTION AND PAYMENT OF CITY INCOME TAXES, GENERAL PROPERTY TAXES AND MISCELLANEOUS OTHER SOURCES TO THE CITY OF CANTON; DECLARING THE NECESSITY OF THE ISSUANCE OF SAID NOTE; RENAMING THE 4504 PARKING DECK FUND; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,500,000.00 SUPP APPROP FROM UNAPPROP BAL OF 4504 2015 CONSTRUCTION/RECONSTRUCTION NOTE FUND TO 4504 2015 CONSTRUCTION/RECONSTRUCTION NOTE - OTHER) Referred to Public Property Capital Improvement Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO VARIOUS CONTRACTS UTILIZING CDBG, HOME AND ESQ FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY ($325,000.00 IN CDBG FUNDS FOR SPECIAL REHAB PROJ. NO SINGLE AWARD WILL EXCEED $200,000.00; $445,000.00 IN CDBG FUNDS FOR SUMMER YOUTH PROG. NO SINGLE AWARD WILL EXCEED $300,000.00; $300,000.00 IN CDBG FUNDS FOR PUBLIC SERV PROJ; $200,000.00 IN ESG FUNDS FOR ELIGIBLE PROJ. NO SINGLE COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -18- MINUTES OF THE MEETING JANUARY 12, 2015 AWARD WILL EXCEED $85,000.00) Referred to Community & Economic Development Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) A 2015 ANNUAL ACTION PLAN FOR THE 2015 COMMUNITY DEVELOPMENT BLOCK GRANT, 2015 HOME INVESTMENT PARTNERSHIP, AND 2015 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFYING SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE THREE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY (CDBG: 2015 GRANT FUNDS $2,400,000.00, CARRYOVER FUNDS $900,000.00, ESTIMATED PROGRAM INCOME - $200,000.00 CDBG TOTAL - $3,500,000.00) (HOME - 2015 GRANT FUNDS - $489,000.00, ESTIMATED PROGRAM INCOME - $25,000.00, HOME TOTAL - $514,000.00) (ESG: 2015 GRANT FUNDS - $202,000.00) TOTAL ANNUAL ACTION PLAN 2015 - $4,216,000.00 Referred to Community & Economic Development Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for the Second Reading. Madame Clerk, would you please begin with Ordinance 7. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #7 THROUGH #10 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #10 ADOPTED ON 2ND READING): #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH AND CREATE THE 2797 SPECIALIZED DOCKET GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($42,474.00 SUPP APPROP FROM UNAPPROP BAL OF THE 2797 SPECIALIZED DOCKET GRANT FUND TO 2797 701001 SPECIALIZED DOCKET GRANT - OTHER) #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY AN AMOUNT NOT TO EXCEED $37,342.60 TO JACK DOHENY COMPANIES FOR REPAIR OF A SEWER VACUUM TRUCK; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ACCEPT AND SUBSEQUENTLY RE-CONVEY ONE PARCEL OF LAND OWNED BY HISTORIC ONESTO, LLC, BY QUIT-CLAIM DEED; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #219373, 200 CLEVELAND AVE NW CANTON OH) #10. (2ND RDG) ADOPTED AS ORDINANCE NO. 5/2015 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH VIEVU, LLC IN AN AMOUNT NOT TO EXCEED $73,096.39 FOR THE PURCHASE OF BODY WORN VIDEO CAMERAS FOR THE POLICE DEPARTMENT; AMENDING APPROPRIATION COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -19- MINUTES OF THE MEETING JANUARY 12, 2015 ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rule for Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance 10. Any remarks? There are none. Madame Clerk, roll call vote please. ROLL CALL 11 YEAS, 1 ABSTAIN NO REMARKS (MEMBER DOUGHERTY ABSTAINED) CLERK TIMBERLAKE: Eleven yeas, one abstain, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries. Leader, you’ve heard the 3 readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under this ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTAIN (MEMBER DOUGHERTY ABSTAINED) CLERK TIMBERLAKE: Eleven yeas, one abstain, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 10 is adopted. #10 ADOPTED AS ORDINANCE NO. 5/2015 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Now turning to Ordinances and Formal Resolutions for the Third Final Reading and Vote. Would you please begin with Ordinance 11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #11 THROUGH #13 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 6/2015 AN ORDINANCE ESTABLISHING THE FAIR REUSE VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY PURSUANT TO THE CITY’S RESIDENTIAL LAND DISPOSITION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY(SALVADORE CEDILLO, PARCEL #02-01946, NICHOLAS PL NW) PRESIDENT SCHULMAN: Leader Morris. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -20- MINUTES OF THE MEETING JANUARY 12, 2015 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 under this Ordinance? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 6/2015 PRESIDENT SCHULMAN: Ordinance #11 is adopted. Ordinance 12 please. #12. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 7/2015 AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO MAKE COMPENSATION ADJUSTMENTS TO FAIRLY COMPENSATE THE FIVE FULL-TIME ASSISTANT PROSECUTORS IN THE CRIMINAL DIVISION UP TO THE MAXIMUM OF 85% OF THE RANGE PREVIOUSLY AUTHORIZED BY COUNCIL; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12, any remarks under this Ordinance? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER MORRIS: I move we amend Ordinance #12 per copy that all Council Members have in front of them. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #12 by virtue of the copy before each member of council. Any remarks? MEMBER MORRIS: Can we have that summarized, please. PRESIDENT SCHULMAN: Yes. Law Director. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -21- MINUTES OF THE MEETING JANUARY 12, 2015 LAW DIRECTOR MARTUCCIO: Yes. Thank you, Mr. President. Mr. Majority Leader, the amendment is offered to reconcile the language in section one with the exact language in the caption of the ordinance. They have to match. Thank you for letting us do that. Thank you. PRESIDENT SCHULMAN: Anything else? By voice vote, all those in favor signify by saying aye. Those opposed, no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: They ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12 as amended. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12 as amended. Any remarks under the Ordinance as amended? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 7/2015 PRESIDENT SCHULMAN: Thank you, Madame Clerk. Ordinance 12, as amended, is adopted. Ordinance 13 please. #13. (3RD RDG) POSTPONED UNTIL 2-2-15. DECLARING IMPROVEMENT TO REAL PROPERTY OWNED BY THE HISTORIC ONESTO, LLC TO BE A PUBLIC PURPOSE; REQUIRING THE OWNER(S) THEREOF TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES; EXEMPTING SEVENTY-FIVE PERCENT OF THE IMPROVEMENT FROM TAXATION FOR A PERIOD OF TEN YEARS; AND AUTHORIZING THE CITY’S DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A TIF AGREEMENT WITH THE HISTORIC ONESTO, LLC.; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Morris. 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, Leader? MEMBER MORRIS: Mr. President, I move we postpone Ordinance #13 to February 2, 2015. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone Ordinance #13 to February 2, 2015. Any COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -22- MINUTES OF THE MEETING JANUARY 12, 2015 remarks? By voice vote, all those in favor of the postponement signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN : The ayes have it. The motion carries. Ordinance #13 is postponed to 2-2-15. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we turn to Announcement of Committee Meetings. Chairman Hawk. MEMBER HAWK: (Inaudible)... Finance committee will meet January 26, 2015 at 6:15 p.m. (Inaudible) PRESIDENT SCHULMAN: Thank you, Chairman. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Chairman Mariol. MEMBER MARIOL: Public Property Capital Improvement will meet same time, same place. PRESIDENT SCHULMAN: Thank you. Chairman Smith. MEMBER SMITH: (Inaudible)... Community and Economic Development will meet same time, same place. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Thank you. Turning now to Miscellaneous Business. Member Hart. MEMBER HART: Very quickly. For everybody here, please drive safely. Wherever you are going to be going, making it to the TV isn’t that important, getting into an accident. And as a 1975 graduate of Ohio State, I leave you with this thought. Go Bucks! PRESIDENT SCHULMAN: Member Hart, it’s THE Ohio State Buckeyes. What’s wrong with you? He’s so excited, he forgot the THE. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you, Council, very very much. Second matter, Mr. Parker, I appreciate his passion and creativity. The ordinance on paving does not provide for a criminal penalty, however, it’s simply a marriage of science and contractual enforcement (balance of sentence inaudible). But I understand the point. Lastly, I would be remiss since there’s no meeting next week if I didn’t remind Council that one of your hardest working, longest serving employees is leaving. Her last day is Thursday, January 22nd. Our office manager, Jane Carmen, who has been serving the city for nearly twenty-six years, first under the yoke of last Service Director Bernabei and then under my yoke. Jane, as you all know cause you all worked with her at different points in time, is possessed of an extremely strong work ethic, wonderful intelligence and focus, extremely dedicated to making sure that what was done was done right for the good of the entire city. I will miss her deeply (Inaudible). For those of you who care to, please call her, thank her. On her last day, January 22nd, we’re having cake up in the sixth floor conference room over a long lunch hour, so please if you think of it, if you want to for a call, come and visit and have a piece of cake. And, again, I’m so grateful to Jane Carmen and what she’s done for all of us in the city. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -23- MINUTES OF THE MEETING JANUARY 12, 2015 PRESIDENT SCHULMAN: Thank you, Law Director. Service Director Bartos. SERVICE DIRECTOR BARTOS: O-H! THE AUDIENCE: I–O! PRESIDENT SCHULMAN: (Laughter) Leader. MEMBER MORRIS: Member Hart, I’ve invested quite a few thousand dollars to hear the THE with Ohio State, so thank you. (Laughter) With my thirty-six thousand dollar investment in Ohio State, I move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn with Leader Morris’s thirty-six thousand dollar investment. Madame Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. Go Buckeyes! PRESIDENT SCHULMAN: Meeting is adjourned. ADJOURNMENT TIME: 6:48 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM JANUARY 12, 2015 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: Greg Hawk, W ard 1 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#7 - O#10; O#10 Adopted in 2 nd Rdg; O#12 Adopted as Am ended; O#13 Postponed until 2/2/15) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS: Jam es Parker stated that he was dism ayed with the aggregate asphalt ordinance. He asked the Councilm an not to pass an Ordinance or a law that they wouldn’t shoot them selves over. He also stated that people have no problem m aking excuses for what they do and asked that they be m indful and careful of what they do. He m entioned that the police would be carrying body cam eras and asked that they also carry tourniquets. He believes they should carry tourniquets in cases where there are shootings or other types of accidents where they m ay be needed to help stop som eone’s bleeding. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 5. ANNEXATION CHAIRMAN W EST: REQ STATEMENT OF SERVICES FOR W ATER RECLAMATION FACILITY ANNEXATION OF 184.450 ACRES LOCATED IN CANTON TOW NSHIP. - ANNEXATION COMMITTEE 6. AUDITOR MALLONN: MNTHLY REPORT BY FUND FOR 12/1/14 THRU 12/30/14. - RECEIVED & FILED 7. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO TRANSFER PROP TO CCIC BECAUSE IT IS NO LONGER NEEDED FOR MUNI PURPOSES (PARCEL NO. 239677). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 8. LAW DIRECTOR MARTUCCIO: REQ SUPP APPROP TO RESTORE FUNDS ORIGINALLY REQUESTED TO MEET LEGAL OBLIGATION ($3,533.00 FROM UNAPPROP BAL OF THE 1001 GENERAL FUND TO 1001 753001 - OTHER). - FINANCE COMMITTEE 9. LAW DIRECTOR MARTUCCIO: AUTHORIZE SERV DIR TO RENEW CONTRACT FOR GENERAL LIABILITY, AUTOMOBILE LIABILITY, PUBLIC OFFICIALS LIABILITY, LAW ENFORCEMENT LIABILITY, EMPLOYER’S LIABILITY, EMPLOYEE BENEFITS LIABILITY INSURANCE, AND CYBER LIABILITY INSURANCE W ITH OHIO PLAN THROUGH HYLANT GROUP IN AMT NOT TO EXCEED $164,255.00 RETROACTIVE TO 1/1/15 THRU 1/1/16. - FINANCE COMMITTEE 10. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO ONE-YR CONTRACT, W ITH OPTION OF TW O (2) ONE-YR RENEW ALS AT THE DISCRETION OF THE CITY, FOR EVALUATION OF W ATER DISTRIBUTION VALVES; SUPP APPROP OF $395,000.00 FROM UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207022 75812 W ATER DISTRIBUTION FUND - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 11. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE A CONSTRUCTION CONTRACT; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE A PROF SERV CONTRACT FOR CONSTRUCTION ENGINEERING; AUTHORIZE MAYOR AND/OR SERV DIR TO RECEIVE ZERO PERCENT LOAN IN AMT OF $1,323.598 W ITH A TW ENTY YEAR TERM FROM OPW C; AUTHORIZE MAYOR AND/OR SERV DIR TO PURCH AN EASEMENT AND TO MAKE PYMT TO SYSTEM CAPITAL REAL PROPERTY CORPORATION; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE SEPARATE FUNDS FOR TRACKING PROJ REVENUES AND EXPENDITURES AND APPROP THE TOTAL OPW C FUNDING AMOUNT OF $1,323.598 ($1,323.598 FROM 5229 UNAPPROP BAL OF FAIRCREST ST SW W ATER MAIN PROJECT TO 5229 207031 FAIRCREST STREET SW W ATER MAIN PROJECT - OTHER); MAKE SUPP APPROP OF $330,000.00 FROM 5201 UNAPPROP BAL OF W ATER FUND TO 5201 207031 FAIRCREST ST SW W ATER MAIN PROJECT - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 12. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR DECEMBER 2014. - RECEIVED & FILED 13. TREASURER PEREZ: RPT OF DEPOSITS AND PAY IN FOR AMBULANCE LOCK BOX ACCT FOR DECEMBER 2014. - RECEIVED & FILED CANTON CITY COUNCIL AGENDA - PAGE 2 - JANUARY 12, 2015 COM M UNICATIONS CONTINUED: 14. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 12/31/14. - RECEIVED & FILED 15. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF 12/31/14. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. PROVIDE FOR ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMT NOT TO EXCEED $5,000,000.00 TO PROVIDE FUNDS TO PAY A PORTION OF COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING OR EQUIPPING AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY; AUTHORIZING RELATED MATTERS; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 2. AUTHORIZE AUDITOR TO ESTABLISH 1154 HOF VILLAGE PROJ FUND; AMEND APPROP O#266/2014; EMERGENCY ($5,000,000.00 SUPP APPROP FROM UNAPPROP BAL OF 1154 HOF VILLAGE PROJ FUND TO 1154 HOF VILLAGE PROJ - OTHER); AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS Referred to Finance Com m ittee 1 ST RDG 3. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $3,500,000.00 FOR PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, RECONSTRUCTING AND IMPROVING CITY BUILDINGS, INCLUDING, W ITHOUT LIMITATION, THE REPLACEMENT OF THE CITY HALL ROOF, THE CIVIC CENTER ROOF AND IMPROVEMENTS TO OTHER CITY FACILITIES. Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 4. PROVIDE FOR ISSUANCE OF GENERAL OBLIGATION BOND ANTICIPATION NOTE IN ANTICIPATION OF COLLECTION AND PYMT OF CITY INCOME TAXES, GENERAL PROP TAXES AND MISCELLANEOUS OTHER SOURCES; DECLARE NECESSITY OF ISSUANCE OF NOTE; RENAME THE 4504 PARKING DECK FUND; AMEND APPROP O#266/2014; EMERGENCY ($3,500,000.00 SUPP APPROP FROM UNAPPROP BAL OF 4504 2015 CONSTRUCTION/RECONSTRUCTION NOTE FUND TO 4504 2015 CONSTRUCTION/RECONSTRUCTION NOTE - OTHER) Referred to Public Property Capital Im provem ent Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR TO ENTER INTO VARIOUS CONTRACTS UTILIZING CDBG, HOME AND ESG FUNDS; EMERGENCY ($325,000.00 IN CDBG FUNDS FOR SPECIAL REHAB PROJ. NO SINGLE AW ARD W ILL EXCEED $200,000.00; $445,000.00 IN CDBG FUNDS FOR SUMMER YOUTH PROG. NO SINGLE AW ARD W ILL EXCEED $300,000.00; $300,000.00 IN CDBG FUNDS FOR PUBLIC SERV PROJ. NO SINGLE AW ARD W ILL EXCEED $100,000.00; $100,000.00 IN HOME FUNDS FOR ELIGIBLE PROJ; $200,000.00 IN ESG FUNDS FOR ELIGIBLE PROJ. NO SINGLE AW ARD W ILL EXCEED $85,000.00) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR TO FILE W ITH U.S. DEPT OF HOUSING AND URBAN DEVELOP (HUD) A 2015 ANNUAL ACTION PLAN FOR 2015 COMMUNITY DEVELOP BLOCK GRANT, 2015 HOME INVESTMENT PARTNERSHIP, AND 2015 EMERGENCY SOLUTIONS GRANT PROG; RATIFY SUBMISSION AND FILING OF PLAN; AUTHORIZE MAYOR TO EXECUTE GRANT AGMTS W ITH HUD AND ACCEPT FUNDING FOR THE THREE PROG; EMERGENCY (CDBG: 2015 GRAND FUNDS $2,400,000.00, CARRYOVER FUNDS - $900,000.00, ESTIMATED PROGRAM INCOME - $200,000.00, CDBG TOTAL - $3,500,000.00) (HOME: 2015 GRANT FUNDS - $489,000.00, ESTIMATED PROGRAM INCOME - $25,000.00, HOME TOTAL - $514,000.00) (ESG: 2015 GRANT FUNDS - $202,000.00) TOTAL ANNUAL ACTION PLAN 2015 - $4,216,000.00 Referred to Com m unity & Econom ic Developm ent Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#7 - O#10; O#10 ADOPTED ON 2 ND RDG) 2 ND RDG 7. AUTHORIZE AUDITOR TO ESTABLISH AND CREATE 2797 SPECIALIZED DOCKET GRANT FUND; AMEND APPROP O#266/2014; EMERGENCY ($42,474.00 SUPP APPROP FROM UNAPPROP BAL OF THE 2797 SPECIALIZED DOCKET GRANT FUND TO 2797 701001 SPECIALIZED DOCKET GRANT - OTHER) (FIN) 2 ND RDG 8. AUTHORIZE AUDITOR TO PAY AMT NOT TO EXCEED $37,342.60 TO JACK DOHENY COMPANIES FOR REPAIR OF SEW ER VACUUM TRUCK; EMERGENCY (FIN) 2 ND RDG 9. AUTHORIZE SERV DIR TO ACCEPT AND RE-CONVEY ONE PARCEL OF LAND OW NED BY HISTORIC ONESTO, LLC, BY QUIT-CLAIM DEED; EMERGENCY (PARCEL #219373, 200 CLEVELAND AVE NW CANTON OH) (C&ED) 5/2015 10. AUTHORIZE SAF DIR TO ENTER INTO CONTRACT W ITH VIEVU, LLC IN AMT NOT TO EXCEED $73,096.39 FOR PURCH OF BODY W ORN VIDEO CAMERAS FOR POLICE DEPT; AMEND APPROP O#266/2014; EMERGENCY (PPCI) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 6/2015 11. ESTABLISH FAIR REUSE VALUE OF PARCEL OF CITY OW NED PROP; AUTHORIZE SALE AND CONVEYANCE OF SAID PROP PURSUANT TO CITY’S RESIDENTIAL LAND DISPO PROG; EMERGENCY (SALVADORE CEDILLO, PARCEL #02-01946, NICHOLAS PL NW ) CANTON CITY COUNCIL AGENDA - PAGE 3 - JANUARY 12, 2015 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: AM ENDED AS 7/2015 12. AUTHORIZE LAW DIR TO MAKE COMPENSATION ADJUSTMENTS FOR FIVE FULL-TIME ASSIST PROSECUTORS IN CRIMINAL DIVISION NOT TO EXCEED 85% OF THE RANGE PREVIOUSLY AUTHORIZED BY COUNCIL; EMERGENCY POSTPONED UNTIL 2/2/15 13. DECLARE IMPROVE TO REAL PROP OW NED BY HISTORIC ONESTO, LLC TO BE PUBLIC PURPOSE; REQUIRE OW NER(S) TO MAKE SERV PYMT IN LIEU OF TAXES; EXEMPT 75% OF IMPROVE FROM TAXATION FOR TEN YEARS; AUTHORIZE SERV DIR TO ENTER INTO TIF AGMT W ITH HISTORIC ONESTO, LLC; EMERGENCY ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, January 26, 2015 in Council Caucus Room at 6:15 PM 1) Finance Com m ittee 2) Public Property Capital Im provem ent Com m ittee 3) Com m unity & Econom ic Developm ent Com m ittee RICK W ALTERS PRESENTATION ON CORONER’S NOTIFICATION POLICY M ISCELLANEOUS BUSINESS: Mem ber Hart asked that everybody drive hom e safely to watch the Ohio State Buckeye vs Oregon gam e. He stated that he was a 1975 graduate of Ohio State and yelled “Go Bucks”! President Schulm an rem inded Mem ber Hart that it is “The” Ohio State Buckeyes! Law Director Martuccio stated that he appreciates Jam es Parker’s passion and creativity. He also that the Ordinance on paving does not provide for crim inal penalty. He stated that it’s sim ply a m arriage of science and contractual enforcem ent. He also rem inded Council and the Adm inistration that Jane Carm an would be retiring on January 22. She has worked for the City for 26 years and has an extrem ely strong work ethic. He stated that they will be celebrating with her in the Law Departm ent on the 22 nd and invited Council to join them . He also asked that everyone call and thank her for her service. Service Director Bartos started the O-H-I-O chant with constituents and Council. Mem ber Morris told Mem ber Hart that he had invested quite a few thousand dollars to hear the word “The” in Ohio State! ADJOURNM ENT: 6:48 P.M. THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JANUARY 26, 2015 @ 7:30 PM

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