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City Council

Regular Meeting

Canton, OH · March 21, 2016

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -144- MINUTES OF THE MEETING MARCH 21, 2016 PRESIDENT SCHULMAN: Good evening...good evening ladies and gentlemen and welcome to Canton City Council. Before I begin, I would really, very much like to thank my friends here in Council who took over during my absence. Actually, they took over in a better way, which resulted in my coming back much earlier than I thought I would. But it is humbling to have good friends, and we really...my wife, my family, and I do really appreciate it. It’s good to see good friends in the audience who have been sick for a while. With a chair...um, with a quorum being present...and by the way, I may make some mistakes tonight for various reasons, but I hope to make as few mistakes as possible. With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Mister Clerk. ROLL CALL TAKEN BY CLERK SHOWES: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM HARMON, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you very much. Everyone’s present tonight. We’ll have our invocation given tonight by my good friend, Ward 4...6 Councilman, David Dougherty. If you’ll all stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on March 21, 2016 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Kellen Showes. The invocation was given by Ward 6 Council Member, David Dougherty. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Well, on that note, the meeting is adjourned! Thank you ladies and gentlemen! (Laughter). Okay, we are under Agenda Corrections and Changes, Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #9 through #14 and #16. Ordinance #15 will be postponed. MEMBER SMITH: Second. PRESIDENT SCHULMAN: Alright, It’s been moved and seconded to Suspend Rule 22A to add 2nd Reading Ordinances 9 through 14 and 16 to this evening’s agenda. Ordinance #15 will be postponed. Are there any remarks? Hearing none, Madame...er...Mister Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. Ordinance...Rule 22A is suspended and the Ordinances are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -145- MINUTES OF THE MEETING MARCH 21, 2016 PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Ordinance for Public Hearing, we have none tonight. OLD BUSINESS PRESIDENT SCHULMAN: Moving now to Ordinances...under Ordinances, we have none this evening under Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We do have one under Public Speaks. Our first speaker is Andy Black. Mr. Black if you’ll step forward. Good evening. As always, welcome to Canton City Council. ANDY BLACK: Thank you. My name is Andy Black. I live at 3913 Market Avenue North. I’m the current President of the Canton City Parks, and soon to be the Canton City Parks & Recreation Department. I’m here tonight to thank the members of the body, all the Council Members, the Mayor, and this Administration for helping us pass Issue 5, this past Tuesday. Without your help, your support, it certainly could not have been accomplished. We turned around from November of last year, just a short 4 months ago, losing by 1000 votes, to this past March by passing by almost 5000 votes. Without your efforts, that certainly could not have been possible. Many of you contributed you dollars, your time, your expertise in making this happen. I want to thank you for coming out walking the streets, talking to your constituents. Council Member Smith, making a commercial, the Mayor helping make a commercial, that helped that passage. I also would be remiss in not thanking all of the other unions, the ASCME Union, the Ironworkers Local 560...550, Aultman Hospital, Mercy Medical Center, the Karcher Group for helping push the...our Facebook pages, and many, many others, including the Repository. I look forward to working with all of you in the coming months as we merge our two departments together. You’ve already started that through passage of an Ordinance that allows this Department to seek additional funds though various government organizations. There will be the codification of our park rules, that’s on your agenda for hopefully your adoption in the next couple of meetings. And starting this Thursday, we will be working with the HR Department and with our Law Department to lay out the structure for the new organization, the job descriptions and the time lines for making this merger possible. I’d also like to thank our Chairman, Sam Sliman, for the extraordinary amount of effort that he put forward in making this levy pass as well as J.R. Rinaldi, who is the President of the Joint Recreational District. And the last thing I’d like to do is just close with these three...six simple words, and that’s thank you, thank all of you, and thank you. (Applause). PRESIDENT SCHULMAN: Thank you very much, and what a remarkable job the community did. We appreciate all your help. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We now turn to Informal Resolutions, and we have two this evening. Mister Clerk, would you please begin with Ordinance 34 and then we’ll continue on to 35. #34. PERSONNEL COMMITTEE: CONFIRMING RE-APPT OF ROBERT THOMPSON TO FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 3/1/16 THRU 12/31/18. - ADOPTED #35. PERSONNEL COMMITTEE: CONFIRMING RE-APPT OF DEBORAH ROHRBACH TO FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 3/1/16 THRU 12/31/18. - ADOPTED PRESIDENT SCHULMAN: It’s been...do we have a motion? COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -146- MINUTES OF THE MEETING MARCH 21, 2016 MEMBER MORRIS: Mr. President, I move we adopt Informal Resolutions #34 and #35. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolutions 34 and 35. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. RESOLUTIONS #34 AND #35 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. It’s a miracle I got through that. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now under Communications. Let the journal....let the journal show that all Communications have been received and 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 MARCH 21, 2016. 127. COM DEV DIRECTOR MILLER: REQ ADOPT CITY’S (2) NEIGHBORHOOD REVITALIZATION STRATEGY AREAS (NRSA) AS DESIGNATED BLIGHTED AREA. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 128. LIQUOR CONTROL DIV: REQ NEW C1 LIQUOR PERMIT FOR DRAKE RAY ENTERPRISES, DBA DOLLAR BEER CLUB, 3302 MAHONING RD NE (WARD 6). - RECEIVED & FILED 129. SERVICE DIRECTOR BARTOS: RATIFY ACTIONS PURSUANT TO ORC 105.04 FOR EMERGENCY REPAIRS TO PARTIALLY COLLAPSED RETAINING WALL ON FENTON AVE NE & 4TH ST NE; AUTHORIZE AUDITOR TO PAY $19,250.00 MORAL OB TO ALBORN EXCAVATING FOR SAID REPAIRS & DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 130. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND WATER MAIN ALONG WOODCREST AVE NE PER REQ TED SHETLER & ENTER INTO ANY AGMTS NECESSARY FOR THIS WATER MAIN EXTENSION. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 131. TREASURER PEREZ: REPORTS OF JAN 2016 BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 1/31/16. - RECEIVED & FILED 132. TREASURER PEREZ: REPORTS OF FEB 2016 BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 2/29/16. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to First Reading Ordinances and Formal Resolutions for their First Reading. Mister Clerk, could you please begin with Ordinance #1. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -147- MINUTES OF THE MEETING MARCH 21, 2016 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCE #1 THROUGH ORDINANCE #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING AND UPDATING CHAPTER 539 OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (PARKS) Referred to Judiciary Committee PRESIDENT SCHULMAN: That has been postponed, is that correct? CLERK SHOWES: No. PRESIDENT SCHULMAN: Sorry. (Inaudible). Oh. Sorry, it is referred then to Judiciary Committee. Thank you. #2. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE PILOT ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee #3. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 23336-23341; AND DECLARING THE SAME TO BE AN EMERGENCY (2400 BLOCK 25TH ST NE, HABITAT FOR HUMANITY, WARD 9) Referred to Public Safety & Thoroughfares Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF STARK, OHIO AND THE STARK COUNTY SHERIFF TO SHARE THE COSTS; MAINTENANCE, AND USAGE OF THE 800 MEGAHERTZ MIXED MODE TRUNK SIMULCAST SMARTZONE RADIO SYSTEM; ENTER INTO VARIOUS AGREEMENTS WITH VARIOUS OUTSIDE AGENCIES, PUBLIC ENTITIES, ETC., THE COUNTY OF STARK, OHIO, AND/OR THE STARK COUNTY SHERIFF TO LEASE SPACE ON THE SHARED RADIO SYSTEM; AND TO ENTER INTO VARIOUS AGREEMENTS WITH THE COUNTY OF STARK, OHIO AND/OR THIRD PARTIES FOR THE MAINTENANCE AND UPKEEP OF THE SHARED RADIO SYSTEM; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDERS NO. 4 THROUGH NO. 9 IN THE AMOUNT OF $93,355.27 WITH CENTRAL-ALLIED ENTERPRISES, INC. FOR THE 12TH STREET NORTH CORRIDOR PROJECT, PID 85299, GP 1098. Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -148- MINUTES OF THE MEETING MARCH 21, 2016 #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 259/2015; AND DECLARING THE SAME TO BE AN EMERGENCY ($69,709.00 FR UNAPPROP BAL OF 2770 2015 BYRNE MEMORIAL GRANT FUND TO 2770 2015 BYRNE MEMORIAL GRANT-OTHER) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 9/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,798,815.33 SUPP APPROP FR UNAPPROP 7509 CASH BALANCE TO 7509 101501 CODE ENFORCEMENT ADMIN - OTHER; $30,000.00 APPROP TRF FR 2160 202210 - OTHER, $41,493.00 FR 2160 505010 - PERSONNEL, $4,300.00 FR 2160 505010 - OTHER TO 2160 101501 - OTHER - $75,793.00) Referred to Finance Committee (COUNCIL RECESSED AT 7:40 P.M. FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE NO. 8; RECONVENED AT 7:43 P.M.) #8. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 44/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 259/2015; AND DECLARING THE SAME TO BE AN EMERGENCY (2016 BUDGET) Referred to Finance Committee PRESIDENT SCHULMAN: And at this time the chair will declare an in house recess for the Finance Committee to meet in regards to Ordinance #8 on your agenda. You’re now in recess, thank you. PRESIDENT SCHULMAN: Thank you, Chairman. Council will reconvene after the recess. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A and place Ordinance #8 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place the Ordinance back on this evening’s agenda. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. Ordinance carries. Ordinance 8 is a legal part of your Agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules on Ordinance #8. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 8. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -149- MINUTES OF THE MEETING MARCH 21, 2016 Any remarks? Hearing none again, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: Thank you. You’ve heard the three readings, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #8. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Any remarks under that? MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: I move we amend Ordinance #8 per a copy all Council Members have in front of them. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 8 by the substituting the attached amended ordinance and exhibits for the version currently pending before Council. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 8 by virtue of the copy of the amendment before each Member of Council. Any remarks on that motion? Again, hearing none, roll call vote, please. MEMBER MORRIS: (Inaudible). There should be a voice vote. PRESIDENT SCHULMAN: Oh, voice vote? MEMBER MORRIS: Yes. PRESIDENT SCHULMAN: Well, you know I haven’t been here for about 8 weeks, so, you know, can you give me a break? MEMBER MORRIS: Well, to be quite honest... PRESIDENT SCHULMAN: All those in favor, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. Leader. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -150- MINUTES OF THE MEETING MARCH 21, 2016 MEMBER MORRIS: It’s a little awkward for me over here too, so. PRESIDENT SCHULMAN: I know, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #8, as amended. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #8, as amended. Any remarks under that Ordinance as amended? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: I will be able to finally vote for a budget because I’m finally looking at a revenue driven budget. There’s still a lot of hard work to be done and I appreciate all the work that the current administration has placed into this and I hope we’re going to turn the corner and come back. I take great pride in voting for this budget. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? Hearing none, roll call vote please, on the amendment...on the Ordinance, as amended. NO REMARKS ROLL CALL 11 YEAS, 1 NAY (MEMBER FISHER VOTED NAY) CLERK SHOWES: Eleven yeas, one nay, Sir. #8 ADOPTED AS AMENDED AS ORDINANCE NO. 44/2016 PRESIDENT SCHULMAN: Thank you. Motion carries and the Ordinance is adopted...the Ordinance, as amended, is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning now to Second Reading Ordinances, please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCE #9 THROUGH ORDINANCE #16 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #15 POSTPONED UNTIL 4/18/16): #9. (2ND RDG) ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 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 COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -151- MINUTES OF THE MEETING MARCH 21, 2016 #10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 259/2015; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4504 2015 CONSTRUC/RECONSTRUC NOTE FUND TO 4504 201001 - OTHER) (CITY HALL AND CIVIC CENTER ROOF BOND) #11. (2ND RDG) ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $5,000,000 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 VILLAGE) #12. (2ND RDG) ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,200,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY #13. (2ND RDG) ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,515,000 FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 259/2015; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,515,000.00 SUPP APPROP FR UNAPPROP BAL OF 1151 LAND REUTILIZATION & NOTE FUND TO 1151 801001 - OTHER) #15. (2ND RDG) POSTPONED UNTIL 4/18/16 AN ORDINANCE CREATING A DESIGNATED OUTDOOR REFRESHMENT AREA AND ESTABLISHING REQUIREMENTS TO ENSURE PUBLIC HEALTH AND SAFETY WITHIN SUCH AREA; AND DECLARING THE SAME TO BE AN EMERGENCY (DOWNTOWN CANTON SPECIAL IMPROVEMENT DISTRICT) #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE ADOPTION OF THE COMPREHENSIVE PLAN FOR THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for Third and Final Reading. (Inaudible). Sorry, we have to do a postponement for 15, Leader. MEMBER MORRIS: Mr. President, I move we postpone Ordinance #15 until April 18, 2016. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -152- MINUTES OF THE MEETING MARCH 21, 2016 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone this until April 15...18th. Any remarks? By voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Eventually I’ll be able to figure these things out. Now we turn to Ordinances and Formal Resolutions for their Third and Final Reading and Vote. Will you please begin with Ordinance 14...Ordinance 17, please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCE #17 THROUGH ORDINANCE #20 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 45/2016 AN ORDINANCE AMENDING SECTION 1 (J) OF ORDINANCE NO. 177/2006; AND DECLARING THE SAME TO BE AN EMERGENCY (INCREASE CHANGE DRAWER FUNDS FR $100.00 TO $200.00) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #17. Any remarks? Hearing none again, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #17 ADOPTED AS ORDINANCE NO. 45/2016 PRESIDENT SCHULMAN: Motion carries. Ordinance #17 is adopted. Ordinance #18 please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 46/2016 AN ORDINANCE AUTHORIZING COUNCIL TO ADOPT THE DEPARTMENT OF DEVELOPMENT’S AFFIRMATIVE MARKETING POLICY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -153- MINUTES OF THE MEETING MARCH 21, 2016 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #18. Any remarks under this Ordinance? Again, hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #18 ADOPTED AS ORDINANCE NO. 46/2016 PRESIDENT SCHULMAN: Ordinance #18 is adopted. Ordinance #19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 47/2016 AN ORDINANCE AUTHORIZING THE DIRECTOR OF COMMUNITY DEVELOPMENT TO ADOPT, AMEND, AND DEFINE THE LIST OF LOW-INCOME OR MINORITY CONCENTRATIONS; AND DECLARING THE SAME TO BE AN EMERGENCY (FAIR HOUSING ACTION PLAN AS APPROVED BY HUD) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks under this Ordinance? Again, hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #19 ADOPTED AS ORDINANCE NO. 47/2016 PRESIDENT SCHULMAN: Ordinance #19 is adopted. Ordinance #20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 48/2016 AN ORDINANCE REPEALING SECTION 107.05, USE OF COUNCIL CHAMBERS, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #20. Any remarks under this Ordinance? Again, hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -154- MINUTES OF THE MEETING MARCH 21, 2016 CLERK SHOWES: Twelve yeas, Sir. #20 ADOPTED AS ORDINANCE NO. 48/2016 PRESIDENT SCHULMAN: Ordinance #20 is adopted. Thank you. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Now we turn to Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Finance Committee will meet March 28th at 6:30. PRESIDENT SCHULMAN: Thank you. MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER WEST: Annexation will meet, same time, same place. PRESIDENT SCHULMAN: Thank you. Any other announcements? Turning now to Miscellaneous Business... MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes, I’m sorry. MEMBER MACK: Judiciary will meet at the same time, the same place. PRESIDENT SCHULMAN: Thank you, Leader Mack. Any other announcements? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER HAWK: Public Safety & Thoroughfares will meet at the same time. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Turning now to Miscellaneous Business. Is there any? MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -155- MINUTES OF THE MEETING MARCH 21, 2016 MEMBER SMUCKLER: Some people believe that Monday night is the time that business gets done down here at City Council. I don’t want it to go left unsaid that we just passed a $50 million dollar plus budget and barely a peep was uttered. There was countless hours that Member Mariol, other Members of the Finance Committee, the rest of Council got briefed on over and over and over again. And that doesn’t even go into the fact the amount of time that the Administration and the Mayor’s office spent on this budget. I, like Councilman Hawk, had not voted for these budgets in the past because they were not revenue driven, but the amount of work, the amount of energy, the amount of time that was spent on this was just incredible and I want to commend Member Mariol, the rest of the Finance Committee, and especially the Mayor, bringing about a compromise of something that we could all live with tonight. Thank you. (Applause). PRESIDENT SCHULMAN: Any other remarks? MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: The Treasurer’s Office are collecting hygiene products to support the Veterans and their military families. They have been set up in their office and the drive will take place from March 21st to April 15th. Any donations will be very much appreciated. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? MEMBER WEST: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER WEST: This is for the Service Director. I know you had mentioned that they’re going to start the 12th Street Project in April. I have a concern. Between Market and Cleveland, it appears that they did do a layer, one layer already, the early phase I guess, of that project. It’s already coming up and there are some potholes that are actually being formed. My concern is if they did it just last year and we didn’t have a rough winter this year, and it’s already coming up, my concern is...is this going to be an ongoing situation in the future. I’m not asking you to...I’m asking if you can check into that and get back to me on it so you don’t have to respond to that. Thank you. PRESIDENT SCHULMAN: Thank you. Any other remarks? I’d just like to thank again all my friends here at Council and people that come down here. I really appreciate the thoughts and prayers you sent to me and my family. It’s much appreciated. Member Dougherty, thank you very much for those kind words, it’s very heartfelt, and I do appreciate it. Hopefully I’ll get a little better and I won’t be quite as stupid as I was tonight. It’s been a while so it’s getting back in the saddle again, and I appreciate your patience, believe me. And I think the world of each and every one of you. With that, anything else? Leader. Leader. MEMBER MORRIS: Mr. President, that is a very tough job up there. I must say, it’s easy to get distracted. I move we adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -156- MINUTES OF THE MEETING MARCH 21, 2016 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. PRESIDENT SCHULMAN: (Gavel falls) Meeting adjourned. Thank you ladies and gentleman. Safe trip. ADJOURNMENT TIME: 7:58 P.M. ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM MARCH 21, 2016 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: Not Necessary INVOCATION: David Dougherty, W ard 6 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#8, 2 nd Rdg O#9 - O#14 & O#16; O#8 Adopted as Am ended on 1 st Rdg; O#15 Postponed) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Andy Black, President of Canton City Parks, thanked the Mem bers of Council and the Mayor and his Adm inistration for helping to pass Issue 5. He said that m any contributed m oney, tim e and expertise, and Mem ber Sm ith and the Mayor m ade com m ercials. He thanked the Unions, Aultm an and Mercy Hospitals, the Karcher Group and the Repository. He is looking forward to working with Council, and has an upcom ing m eeting with Hum an Resources and the Law Departm ent to lay out the structure and tim e lines for the m erger. He also thanked Sam Slim an and J.R. Rinaldi for their hard work. INFORM AL RESOLUTIONS: 34. PERSONNEL COMMITTEE: CONFIRMING RE-APPT OF ROBERT THOMPSON TO FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 3/1/16 THRU 12/31/18. - ADOPTED 35. PERSONNEL COMMITTEE: CONFIRMING RE-APPT OF DEBORAH ROHRBACH TO FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 3/1/16 THRU 12/31/18. - ADOPTED COM M UNICATIONS: 127. COM DEV DIRECTOR MILLER: REQ ADOPT CITY’S (2) NEIGHBORHOOD REVITALIZATION STRATEGY AREAS (NRSA) AS DESIGNATED BLIGHTED AREA. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 128. LIQUOR CONTROL DIV: REQ NEW C1 LIQUOR PERMIT FOR DRAKE RAY ENTERPRISES, DBA DOLLAR BEER CLUB, 3302 MAHONING RD NE (W ARD 6). - RECEIVED & FILED 129. SERVICE DIRECTOR BARTOS: RATIFY ACTIONS PURSUANT TO ORC 105.04 FOR EMERGENCY REPAIRS TO PARTIALLY COLLAPSED RETAINING W ALL ON FENTON AVE NE & 4 TH ST NE; AUTHORIZE AUDITOR TO PAY $19,250.00 MORAL OB TO ALBORN EXCAVATING FOR SAID REPAIRS & DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 130. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND W ATER MAIN ALONG W OODCREST AVE NE PER REQ TED SHETLER & ENTER INTO ANY AGMTS NECESSARY FOR THIS W ATER MAIN EXTENSION. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 131. TREASURER PEREZ: REPORTS OF JAN 2016 BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 1/31/16. - RECEIVED & FILED 132. TREASURER PEREZ: REPORTS OF FEB 2016 BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 2/29/16. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. POSTPONED FROM 2/8/16 AMEND AND UPDATE CHAPTER 539 OF CODIFIED ORDINANCES OF CITY OF CANTON (PARKS) Referred to Judiciary Com m ittee 1 ST RDG 2. APPROVE STATEMENT OF SRVS TO BE PROVIDED TO PROPERTY OW NER IN PILOT ANNEX AREA, APPROX DATE SRVS W ILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO CITY OF CANTON, OH; EMERGENCY Referred to Annexation Com m ittee 1 ST RDG 3. APPROVE AND ACCEPT REPLATTING OF LOTS 23336-23341; EMERGENCY (2400 BLOCK 25 TH ST NE, HABITAT FOR HUMANITY, W ARD 9) Referred to Public Safety & Thoroughfares Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - MARCH 21, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 4. AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO COOP AGMT W ITH COUNTY OF STARK, OHIO AND STARK COUNTY SHERIFF TO SHARE COSTS, MAINTENANCE, AND USAGE OF 800 MEGAHERTZ MIXED MODE TRUNK SIMULCAST SMARTZONE RADIO SYSTEM; ENTER INTO VARIOUS AGMTS W ITH VARIOUS OUTSIDE AGENCIES, PUBLIC ENTITIES, ETC., COUNTY OF STARK, OHIO, AND/OR STARK COUNTY SHERIFF TO LEASE SPACE ON SHARED RADIO SYSTEM; AND TO ENTER INTO VARIOUS AGMTS W ITH COUNTY OF STARK, OHIO AND/OR THIRD PARTIES FOR MAINTENANCE AND UPKEEP OF SHARED RADIO SYSTEM; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 5. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDERS NO. 4 THRU NO. 9 IN AMT OF $93,355.27 W ITH CENTRAL-ALLIED ENTERPRISES, INC. FOR 12 TH ST NORTH CORRIDOR PROJ, PID 85299, GP 1098; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AMEND APPROP O#259/2015; EMERGENCY ($69,709.00 FR UNAPPROP BAL OF 2770 2015 BYRNE MEMORIAL GRANT FUND TO 2770 2015 BYRNE MEMORIAL GRANT - OTHER) Referred to Finance Com m ittee 1 ST RDG 7. AMEND O#9/2016; EMERGENCY (ADD $1,798,815.33 SUPP APPROP FR UNAPPROP 7509 CASH BAL TO 7509 101501 CODE ENFORCEMENT ADMIN - OTHER; APPROP TRFS FR 2160 202210 - OTHER FOR $30,000.00, FR 2160 505010 - PERSONNEL FR $41,493.00 & FR 2160 505010 - OTHER FOR $4,300.00 TO 2160 101501 FOR $75,793.00) Referred to Finance Com m ittee (COUNCIL RECESSED AT 7:40 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #8; RECONVENED AT 7:43 PM) AS AM ENDED 44/2016 8. ADOPTING THE 2016 ANNUAL APPROPRIATIONS FOR CITY OF CANTON; EMERGENCY (2016 BUDGET) Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#9 - O#14 & O#16; O#15 POSTPONED) 2 ND RDG 9. 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 COST OF ACQUIRING, CONSTRUCTING, RECONSTRUCTING AND IMPROVING CITY BLDGS, INCLUDING, THE REPLACEMENT OF CITY HALL ROOF, CIVIC CENTER ROOF AND IMPROVEMENTS TO OTHER CITY FACILITIES (PPCI) 2 ND RDG 10. AMEND APPROP O#259/2015; EMERGENCY ($3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4504 2015 CONSTRUC/RECONSTRUC NOTE FUND TO 4504 201001 - OTHER) (CITY HALL AND CIVIC CENTER ROOF BOND) (PPCI) 2 ND RDG 11. PROVIDE FOR ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN MAXIMUM AGGREGATE PRINCIPAL AMT NOT TO EXCEED $5,000,000.00 TO PROVIDE FUNDS TO PAY PORTION OF COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING OR EQUIPPING ECONOMIC DEVELOPMENT PROJ IN THE CITY; AUTHORIZE RELATED MATTERS; EMERGENCY (HALL OF FAME VILLAGE) (FIN) 2 ND RDG 12. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,200,000 FOR PURPOSE OF PROVIDING FUND TO PAY A COURT- APPROVED SETTLEMENT OF CLAIM AGAINST THE CITY (FIN) 2 ND RDG 13. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,515,000 FOR PURPOSE OF PAYING COSTS OF REVITALIZATION IN CITY AND ADDRESSING PROP CONDITIONS DELETERIOUS TO PUBLIC HEALTH AND SAF THRU DEMOLITION OF DETERIORATING STRUCTURES AND IMPROVEMENT OF THOSE SITES, ENABLING USE OR REUSE OF LAND IN CITY (FIN) 2 ND RDG 14. AMEND APPROP O#295/2015; EMERGENCY ($1,515,000.00 SUPP APPROP FR UNAPPROP BAL OF 1151 LAND REUTILIZATION & NOTE FUND TO 1151 801001 - OTHER) (FIN) POSTPONED UNTIL 4/18/16 15. CREATE A DESIGNATED OUTDOOR REFRESHMENT AREA AND ESTABLISH REQUIREMENTS TO ENSURE PUB HEALTH AND SAF W ITHIN SUCH AREA; EMERGENCY (DOW NTOW N CANTON SPECIAL IMPROVEMENT DISTRICT) (DW NTW N DEV&JUD) 2 ND RDG 16. AUTHORIZE ADOPTION OF COMPREHENSIVE PLAN FOR THE CITY OF CANTON, OH; EMERGENCY (C&ED) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 45/2016 17. AMEND SEC 1 (J) OF O# 177/2006; EMERGENCY (INCREASE CHANGE DRAW ER FUNDS FR $100.00 TO $200.00) 46/2016 18. AUTHORIZE COUNCIL TO ADOPT DEPT OF DEVELOPMENT’S AFFIRMATIVE MARKETING POLICY; EMERGENCY CANTON CITY COUNCIL AGENDA - PAGE 3 - MARCH 21, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 47/2016 19. AUTHORIZE COMMUNITY DEVELOPMENT DIR TO ADOPT, AMEND, AND DEFINE LIST OF LOW - INCOME OR MINORITY CONCENTRATIONS; EMERGENCY (FAIR HOUSING ACTION PLAN AS APPROVED BY HUD) 48/2016 20. REPEAL SEC 107.05, USE OF COUNCIL CHAMBERS, OF CODIFIED ORDINANCES OF CITY OF CANTON ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, M arch 28, 2016 in Council Caucus Room at 6:30 PM 1) Finance Com m ittee 2) Annexation Com m ittee 3) Judiciary Com m ittee 4) Public Safety & Thoroughfares Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Sm uckler stated that while Council just passed a 50 m illion plus budget, countless hours went into this. Council was briefed over and over and the Adm inistration spent a trem endous am ount of tim e in preparing the various proposals. There were tim es in the past he did not vote for the budget because it was not revenue driven. He com m ended Mem ber Mariol, the other m em bers of the Finance Com m ittee and the Mayor for com ing up with a com prom ise we can all live with. Mem ber Babcock announced that the Treasurer’s Office will be collecting hygiene products for Veterans and m ilitary fam ilies. The drive will go from March 21 to April 15, and he said that all donations are appreciated. Mem ber W est directed a concern regarding the 12 th Street Project, which is to begin in April, to Service Director Bartos. He said that a layer was put down between Market and Cleveland last year that is already com ing up. He asked the Service Director to please check into this situation. President Schulm an thanked all his friends on Council and everyone who rem em bered him and his fam ily in their prayers, and thanked Mem ber Dougherty for his com m ents during the Invocation. He said that he expects to keep getting better and appreciates everyone’s patience. ADJOURNM ENT: 7:58 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, M ARCH 28, 2016 @ 7:30 PM

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