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City Council

Regular Meeting

Canton, OH · April 4, 2016

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -176- MINUTES OF THE MEETING APRIL 4, 2016 PRESIDENT PRO TEM MORRIS: With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call 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. EXCUSING MEMBERS PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we excuse President Schulman from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to excuse President Schulman from this evening’s meeting. Are there any remarks? President Schulman did contact me, he’s feeling under the weather, so with that being said, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT PRO TEM MORRIS: Okay, President Schulman is excused from tonight’s meeting. Tonight’s invocation will be given by my friend, Ward 8 Councilman, Edmond Mack. Please remain standing afterwards for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 4, 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 8 Council Member, Edmond Mack. The Pledge of Allegiance was led by President Pro Tem Morris.. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM MORRIS: We’re now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinance #3. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to Suspend Rule 22A to add 2nd Reading Ordinance #3 to this evening’s Agenda. Any remarks? Hearing none, roll call please. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -177- MINUTES OF THE MEETING APRIL 4, 2016 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT PRO TEM MORRIS: Thank you. The motion carries. Rule 22A is suspended and the Ordinance is a legal part of your agenda. PUBLIC HEARINGS PRESIDENT PRO TEM MORRIS: Turning now to Public Hearings, we have none this evening. OLD BUSINESS PRESIDENT PRO TEM MORRIS: Turning to Old Business, we have no Old Business tonight. PUBLIC SPEAKS PRESIDENT PRO TEM MORRIS: We’re now under Public Speaks. Tonight we have 3 speakers signed up. When you’re called, please state your name and your current address for the record. Ms...Eugene Blakely. EUGENE BLAKELY: My name’s Eugene Blakely. I live at 22...2622 Caprice Ave. NW, Canton, Ohio 44709. I wanted to bring up to City Council, Weiss Park, up by the library on 25th. We’re getting back into the baseball season. There has been a lot of speeding up there. I love seeing your families up there (Inaudible). My main concern is these kids. You got a 4 year old kid running out to her family. No traffic signs out there for speed limits. You guys have got to do something. I have brought this to Mayor Healy before. It wasn’t getting done. I am really concerned about these kids because...you know how kids are. Oops, they’ve gone out right in front of a car. There’s no cop up there patrolling the area for baseball games. You guys, something’s got to be done. And that’s all I have to say. Thank you very much. PRESIDENT PRO TEM MORRIS: Thank you, sir. (Applause). Our next speaker is Mr. David Westrich. DAVID WESTRICH: Good evening. The reason why I’m up here tonight is concerning about my water bill. How many of you on the Council use 11,700 cubic feet of water (Inaudible). PRESIDENT PRO TEM MORRIS: David, I don’t want to interrupt, but could you say your address, leave an address... DAVID WESTRICH: David Westrich. 1309 24th St. NW. PRESIDENT PRO TEM MORRIS: Sorry about that, thank you. DAVID WESTRICH: I apologize. How many of you use 11,700 cubic feet of water in one month? That’s exactly what happened in 2015, September. Usually my bill is like 60...$60.00 a month. When my father passed away, it was about the same while I was paying it. But suddenly there was a big spike. All I heard was, from the Water Department, “Your neighbors are stealing the water”. What kind of excuse? I never used that. I’m one person, three little puppies. I’ve already emailed to Robert Gibbs, Scott Oelslager and Mike DeWine to look into this even further. I’d greatly appreciate it if the Council would look into this. This is totally uncalled for and now my water was off. Thanks to the Service Director, he’s helping me out for the night. It’s just to the point that I’m tired of being screwed over by the City Water Department. I’ve heard the same story from other people too, on their bills...over-charging, over-billing, cubic feet. This is just getting out of control and I do not COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -178- MINUTES OF THE MEETING APRIL 4, 2016 want it to come to this stage. I was born and raised in this City. I’ve always believed in this town. I grew up 48 years in this City. Northeast and Northwest. I’ve been there since 1972, well, I’m more than that now. But these water bills need to stop over charging. If not, someone else is going to get hit with it, hard. I greatly appreciate...taking my time to bring this to everyone’s attention. Just watch your water bills. Listen to your constituencies. They will be complaining hard if they’re overcharged, like I am complaining tonight. I will take this to the PUCO on up, including Bob Gates, in our District. I will move...make this thing happen unless it gets resolved. Thank you very much. PRESIDENT PRO TEM MORRIS: Thank you, David. (Applause). Our next speaker tonight is Mr. Pete DiGiacomo. I think Pete left...alright. I’m sure he’ll send us an email, a text message, or call one of us. COMMUNICATIONS PRESIDENT PRO TEM MORRIS: We’re now under Ordinances for their First Reading. Oh, wait, I’m sorry. Let the record show that all Communications have been 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 APRIL 4, 2016. 138. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 3/1/16 THRU 3/31/16. - RECEIVED & FILED 139. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/16 THRU 3/31/16. - RECEIVED & FILED 140. COUNCIL MEMBER WEST: REQ HONORARY CO-NAMING OF NUMBERED STREETS FR 24TH ST N TO 9TH ST S, INCLUDING CLEVELAND AVE, NAVARRE & FULTON, TO REFLECT 32 NFL TEAMS & FOOTBALL HOF CORRIDOR. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 141. COURT ADMIN KOCHERA: 2016 CANTON MUNICIPAL COURT ANNUAL REPORT. - RECEIVED & FILED 142. LIQUOR CONTROL COMM (OHIO): NOTICE OF APPEAL HRG FOR HILL MINI MART, LLC DBA SHORB DRIVE THRU, 829 12TH ST NW, FOR 4/8/16 @ 10:30 AM @ VERN RIFFE CTR FOR GOV’T & ARTS, 77 S HIGH ST, 19TH FL, COLUMBUS OH. - RECEIVED & FILED 143. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 LIQUOR PERMIT FOR DRAKE RAY ENTERPRISES, DBA DOLLAR BEER CLUB, 3302 MAHONING RD NE (WARD 6). - RECEIVED & FILED 144. SAFETY DIRECTOR PERRY: REQ $11,649.61 APPROP TRF FR 4502 104020 TRAFFIC SIGNAL - PERSONNEL TO 4502 104020 TRAFFIC SIGNAL - OTHER & $4,980.03 APPROP TRF FR 4502 104040 TRAFFIC ENG/PARKING METER - PERSONNEL TO 4502 104040 TRAFFIC ENG/PARKING - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 145. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #1 AND FINAL WITH ACLARA TECHNOLOGIES IN AMT NOT TO EXCEED COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -179- MINUTES OF THE MEETING APRIL 4, 2016 $142,539.04 FOR WATER METER AND METER TRANSMITTING UNIT REPLACEMENT PROG; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 146. SERVICE DIRECTOR BARTOS: 2016 SEWER RATE INCREASE RECOMMENDATION. - RECEIVED & FILED 147. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD & EXECUTE CONSTRUCTION CONTRACT FOR AVONDALE AREA PHASE I WATER MAIN REPLACEMENT PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERV CONTRACT FOR CONSTRUCTION OVERSIGHT SERV FOR THIS PROJ; AUTHORIZE CITY TO RECEIVE GRANT FUNDS IN AMT OF $475,000 AND 0% INTEREST LOAN IN AMT OF $475,000 FR OH PUBLIC WORKS COMMISSION FOR THIS PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE SEPARATE FUNDS FOR TRACKING PROJ REVENUES AND EXPENDITURES & APPROP $950,000 FR UNAPPROP BAL OF 5232 AVONDALE PHASE I WATER MAIN REPLACEMENT PROJ FUND TO 5232 207035 AVONDALE PHASE I WATER MAIN REPLACEMENT - OTHER; REQ $1,345,000 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207035 AVONDALE PHASE I WATER MAIN REPLACEMENT - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM MORRIS: Now we are under First Reading. Mister Clerk, please begin with Ordinance #1. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK SHOWES TO READ ORDINANCE #1 THROUGH ORDINANCE #2 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE ADDING CHAPTER 1352, VACANT COMMERCIAL PROPERTY MAINTENANCE AND STANDARDS, TO THE BUILDING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,472.16 FR UNAPPROP BAL OF 2776 POLICE DONATION FUND TO 2776 102001 POLICE DONATION - OTHER - $5,004.48, 2776 102005 POLICE DONATION - $45,467.68) Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM MORRIS: We are now under Ordinances and Formal Resolutions for their Second Reading. Please begin with Ordinance 3. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK SHOWES TO READ ORDINANCE #3 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -180- MINUTES OF THE MEETING APRIL 4, 2016 #3. (2ND RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO PLAIN TOWNSHIP; AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT(S) FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (LOT #103 WOODCREST AVE NE) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM MORRIS: We now move to Ordinances and Formal Resolutions for the Third Final Reading and Vote. Would you please begin with Ordinance #4, please. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK SHOWES TO READ ORDINANCE #4 THROUGH ORDINANCE #9 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #4 (3RD RDG) ADOPTED AS ORDINANCE NO. 59/2016 AN ORDINANCE AMENDING AND UPDATING CHAPTER 539 OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (PARKS) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #4. Any remarks under this Ordinance? Hearing none, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, Sir. #4 ADOPTED AS ORDINANCE NO. 59/2016 PRESIDENT PRO TEM MORRIS: Ordinance #4 has been adopted. Ordinance #5 please. #5. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 60/2016 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 MEMBER SMITH: Mr. President, I move we adopt Ordinance #5. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #5. Any remarks? COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -181- MINUTES OF THE MEETING APRIL 4, 2016 Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #5 per a copy all Council Members have in front of them. MEMBER BABCOCK: Second. Amendment Pursuant to Rule 36, I move to amend Section 1 a of Agenda Item No. 5 to read as follows: a. Solid Waste Collection. Periodic solid waste collection at the prevailing rates and in accordance with the Codified Ordinances of the city of Canton and the Rules and Regulations of the Canton Sanitation Department. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #5 by virtue of the amendment before each Member of Council. Any remarks? MEMBER SMITH: Could we have this Ordinance summarized? PRESIDENT PRO TEM MORRIS: Sure. LAW DIRECTOR MARTUCCIO: Mr. President. Leader Smith. The amendment to Agenda Item 5 is in the area of cleaning up language the Service Director described under Committee, for the solid waste collection for areas that are going to be annexed into the City. We talked, the Service Director and I, about making it clearer that periodic solid waste collection, prevailing rates, in accordance with the Codified Ordinance of the City of Canton, and Rules and Regulations of the Canton Sanitation Department, would be part of the annexation policies and procedures from now on. So, it’s a clarification to previous language. Thank you. PRESIDENT PRO TEM MORRIS: Any other questions? Concerns? Okay, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #5, as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #5, as amended. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #5 ADOPTED AS AMENDED AS ORDINANCE NO. 60/2016 COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -182- MINUTES OF THE MEETING APRIL 4, 2016 PRESIDENT PRO TEM MORRIS: Ordinance #5 has been adopted as amended. Ordinance #6, please. #6. (3RD RDG) ADOPTED AS ORDINANCE NO. 61/2016 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) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #6. Any remarks under this one? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #6 ADOPTED AS ORDINANCE NO. 61/2016 PRESIDENT PRO TEM MORRIS: Ordinance 6 has been adopted in a humorous fashion. Ordinance #7. #7. (3RD RDG) ADOPTED AS ORDINANCE NO. 62/2016 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 VARIOUS 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 PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #7. Any remarks under this? Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #7 per a copy all Council Members have in front of them. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -183- MINUTES OF THE MEETING APRIL 4, 2016 MEMBER BABCOCK: Second. Amendment Pursuant to Rule 36, I move to amend Section 3 of Agenda Item No. 7 to read as follows: The Mayor or Director of Public Safety, on behalf of the City of Canton, is further authorized to enter into various agreements with the County of Stark, Ohio and/or third parties for the maintenance and upkeep of the shared City/County shared 800 Megahertz Mixed Mode Trunked Simulcast Smartzone Radio System (retroactive to January 1, 2016, if necessary). PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #7 by virtue of the amendment each Member of Council has in front of them. Any remarks under this? MEMBER SMITH: Can we have the amendment summarized? LAW DIRECTOR MARTUCCIO: Mr. President. Leader Smith. This amendment clarifies that this agreement is to be back, retroactive to January 1, 2016. This is a multi-party contract in terms of sharing the radio, 800 Megahertz Radio System that we’ve gotten in the City and other entities. We wanted to make sure the language was clear about the System and the retroactivity. Thank you. PRESIDENT PRO TEM MORRIS: Thank you, Law Director. Any other questions? All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7, as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #7, as amended. Any remarks under this? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #7 ADOPTED AS AMENDED AS ORDINANCE NO. 62/2016 PRESIDENT PRO TEM MORRIS: Ordinance #7 has been adopted as amended. Ordinance #8, please. #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 63/2016 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; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -184- MINUTES OF THE MEETING APRIL 4, 2016 PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #8. Any remarks under this Ordinance? Hearing none, roll call vote. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #8 ADOPTED AS ORDINANCE NO. 63/2016 PRESIDENT PRO TEM MORRIS: Ordinance 8 has been adopted. Ordinance 9. #9. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 64/2016 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 259/2015; AND DECLARING THE SAME TO BE AN EMERGENCY ($69,709.00 FR UNAPPROP BAL OF THE 2770 2015 BYRNE MEMORIAL GRANT FUND TO 2770 2015 BYRNE MEMORIAL GRANT - OTHER) PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance #9. Any remarks under this? Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #9 per a copy all Council Members have in front of them. MEMBER BABCOCK: Second. Amendment Pursuant to Rule 36, I move to amend the caption and Section 1 of Agenda Item No. 9 to change the Appropriation Ordinance No. from “259/2015" to “44/2016.” PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend Ordinance 9 by virtue of the copy all Council Members have before them. Are there any remarks under this? MEMBER SMITH: Can we have the amendment summarized? LAW DIRECTOR MARTUCCIO: Mr. President. Leader Smith. This should be, hopefully and presumably, the last of the amendments that amends an Ordinance to say that you’re referring to 44/2016, the new mother COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -185- MINUTES OF THE MEETING APRIL 4, 2016 ordinance in terms of appropriations, versus the 2015 version. So, it’s a change in the reference number. Thank you. PRESIDENT PRO TEM MORRIS: Thank you, Law Director. Any other questions? All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #9, as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Ordinance 9, as amended. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. #9 ADOPTED AS AMENDED AS ORDINANCE NO. 64/2016 PRESIDENT PRO TEM MORRIS: Thank you. Ordinance 9, as amended, has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM MORRIS: We now turn to Announcement of Committees. We should have two. MEMBER MARIOL: Mr. President. PRESIDENT PRO TEM MORRIS: Member Mariol. MEMBER MARIOL: Yes, Finance will meet April 11th at 6:45 p.m. PRESIDENT PRO TEM MORRIS: Member Mack. MEMBER MACK: Thank you Mr. President. Judiciary will meet at the same time, same place. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM MORRIS: Okay, we’re now under Miscellaneous Business. Law Director Martuccio. LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. Members of Council, you all by now know Mrs. Lois DiGiacomo. She’s part of the Coming Together Stark County, to put the dialogues together and very successfully bringing people of all cultural and artsy areas of Stark County, recently. You’ll be getting invitations to yet another event to continue those dialogues because the usual questions, “now that we’ve had this first event...what happens?” There is a next. You’ll be getting that. Secondly, I wanted to (Inaudible). It occurs to me that to become a Police Office in the City of Canton, you have to undergo a psychological fitness COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -186- MINUTES OF THE MEETING APRIL 4, 2016 for duty (Inaudible). There should be something similar for a Fiscal Officer coming into a distressed city. But I know his background, he’s a terrific guy. Lastly, a couple of Council Members asked me to mention that there have been some convictions obtained recently in Canton Municipal Court by our Prosecutor’s Division in Failure to Comply with Required Repairs. In those events, two different Judges in two different Courts both found two people guilty. Each found one person guilty of Failure to Comply with Required Repairs, gave them Community Service fines and suspended sentences on condition to make the repairs as required. In one case, it was a jury trial, Mr. Hawk observed and I must give kudos to Mr. Hawk for spending some time there and our Chief Building Official for preparing and testifying very well (Inaudible), and our Prosecutor for handling it. In another case, the Prosecutor patiently explained to the person why they were there, went through all the records with them, explained why they were charged, what they have to do and they decided not to go forward with the trial, but to plead no contest, take the sentence, and effectuate the repairs. We’ll do our best to continue to do that so we get the same sort of preparation and cooperation in the investigative phase. Thank you. PRESIDENT PRO TEM MORRIS: Thank you, Law Director. Member Hawk. MEMBER HAWK: Thank you, Law Director, for the work you did on that. I sat in on that jury trial and watched the Prosecutor. The Prosecutor was very well prepared, Our Chief Building Official did a fine job testifying and so we won a conviction. Thank you guys very much. PRESIDENT PRO TEM MORRIS: Anyone else? A couple of announcements. Next week, or April 11th, that’s next week...Fair Housing will be in at 6:00 P.M. to do a presentation. Following Fair Housing, the Neighborhood Leadership Council will be coming in doing a presentation. I think Committee will start right after that. Alright. Also, just a reminder, tomorrow night...5:30 at the Hall of Fame for their update on the construction project. Leader Smith. MEMBER SMITH: I move to adjourn. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adjourn. Roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK SHOWES: Twelve yeas, sir. PRESIDENT PRO TEM MORRIS: (Gavel falls) Meeting’s adjourned. ADJOURNMENT TIME: 8:06 P.M. ATTEST: APPROVED: KELLEN SHOWES FRANK MORRIS CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM APRIL 4, 2016 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an Absent INVOCATION: Edm ond Mack, W ard 8 Council Mem ber PLEDGE OF ALLEGIANCE: President Pro Tem Morris AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#3; O#5, O#7 & O#9 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Eugene Blakely expressed his concern about the speeding traffic on 25 th Street in front of W eiss Park. It is baseball season, and he fears the children playing in the park m ay be hurt. He asked Council to please do som ething about this. David W estrich spoke about his water bill. He stated that in 2015 his m onthly bill was anywhere from $60.00 to $65.00. This year the W ater Departm ent is telling him he used 11,700 cubic feet of water in one m onth. He asked Council to please do som ething about this overcharging because it is out of control. He plans to take the m atter to the PUCO. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 138. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 3/1/16 THRU 3/31/16. - RECEIVED & FILED 139. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/16 THRU 3/31/16. - RECEIVED & FILED 140. COUNCIL MEMBER W EST: REQ HONORARY CO-NAMING OF NUMBERED STREETS FR 24 TH ST N TO 9 TH ST S, INCLUDING CLEVELAND AVE, NAVARRE & FULTON, TO REFLECT 32 NFL TEAMS & FOOTBALL HOF CORRIDOR. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 141. COURT ADMIN KOCHERA: 2016 CANTON MUNICIPAL COURT ANNUAL REPORT. - RECEIVED & FILED 142. LIQUOR CONTROL COMM (OHIO): NOTICE OF APPEAL HRG FOR HILL MINI MART, LLC DBA SHORB DRIVE THRU, 829 12 TH ST NW , FOR 4/8/16 @ 10:30 AM @ VERN RIFFE CTR FOR GOV’T & ARTS, 77 S HIGH ST, 19 TH FL, COLUMBUS OH. - RECEIVED & FILED 143. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C1 LIQUOR PERMIT FOR DRAKE RAY ENTERPRISES, DBA DOLLAR BEER CLUB, 3302 MAHONING RD NE (W ARD 6). - RECEIVED & FILED 144. SAFETY DIRECTOR PERRY: REQ $11,649.61 APPROP TRF FR 4502 104020 TRAFFIC SIGNAL - PERSONNEL TO 4502 104020 TRAFFIC SIGNAL - OTHER & $4,980.03 APPROP TRF FR 4502 104040 TRAFFIC ENG/PARKING METER - PERSONNEL TO 4502 104040 TRAFFIC ENG/PARKING - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 145. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #1 AND FINAL W ITH ACLARA TECHNOLOGIES IN AMT NOT TO EXCEED $142,539.04 FOR W ATER METER AND METER TRANSMITTING UNIT REPLACEMENT PROG; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 146. SERVICE DIRECTOR BARTOS: 2016 SEW ER RATE INCREASE RECOMMENDATION. - RECEIVED & FILED 147. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD & EXECUTE CONSTRUCTION CONTRACT FOR AVONDALE AREA PHASE I W ATER MAIN REPLACEMENT PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERV CONTRACT FOR CONSTRUCTION OVERSIGHT SERV FOR THIS PROJ; AUTHORIZE CITY TO RECEIVE GRANT FUNDS IN AMT OF $475,000 AND 0% INTEREST LOAN IN AMT OF $475,000 FR OH PUBLIC W ORKS COMMISSION FOR THIS PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE SEPARATE FUNDS FOR TRACKING PROJ REVENUES AND EXPENDITURES & APPROP $950,000 FR UNAPPROP BAL OF 5232 AVONDALE PHASE I W ATER MAIN REPLACEMENT PROJ FUND TO 5232 207035 AVONDALE PHASE I W ATER MAIN REPLACEMENT - OTHER; REQ $1,345,000 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207035 AVONDALE PHASE I W ATER MAIN REPLACEMENT - OTHER; AUTHORIZE AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 4, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. ADD CHAPTER 1352, VACANT COMMERCIAL PROPERTY MAINTENANCE AND STANDARDS, TO BLDG CODE OF CODIFIED ORDINANCES OF CITY OF CANTON Referred to Judiciary Com m ittee 1 ST RDG 2. AMEND APPROP O#44/2016; EMERGENCY ($50,472.16 FR UNAPPROP BAL OF 2776 POLICE DONATION FUND TO 2776 102001 POLICE DONATION - OTHER FOR $5,004.48 & TO 2776 102005 POLICE DONATION FUND FOR $45,467.68) Referred to Finance Com m ittee ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#3) 2 ND RDG 3. APPROVE CANTON CITY W ATER MAIN EXTENSION TO PLAIN TOW NSHIP; AUTHORIZE SERV DIR TO ENTER INTO AGMTS FOR EXTENSION OF SAID W ATER MAIN; EMERGENCY (LOT #103 W OODCREST AVE NE) (EPU) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 59/2016 4. AMEND AND UPDATE CHAPTER 539 OF CODIFIED ORDINANCES OF CITY OF CANTON (PARKS) AS AM ENDED 60/2016 5. 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 61/2016 6. APPROVE AND ACCEPT REPLATTING OF LOTS 23336-23341; EMERGENCY (2400 BLOCK 25 TH ST NE, HABITAT FOR HUMANITY, W ARD 9) AS AM ENDED 62/2016 7. 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 63/2016 8. 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 AS AM ENDED 64/2016 9. 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) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, April 11, 2016 in Council Caucus Room at 6:45 PM 1) Finance Com m ittee 2) Judiciary Com m ittee M ISCELLANEOUS BUSINESS: Law Director Martuccio announced that Lois DiGiacom o of Com ing Together Stark County will be inviting Council to another event soon. He stated that there have been two convictions in Canton Municipal Court for failure to com ply with requested repairs. Two people were found guilty and sentenced to com m unity service, fines and suspended sentences provided they m ake the necessary repairs. He thanked Mem ber Hawk for observing the one case which went to jury trial, and the Chief Building Official for testifying before the jury. He also recognized the prosecutor in the other case who took the tim e to thoroughly explain the charges to the defendant who in turn plead no contest. He indicated that the Law Departm ent will continue to do the sam e with future cases. Mem ber Morris announced that next Monday, April 11 th, Fair Housing will be giving a presentation at 6:00 PM followed by the Neighborhood Leadership Council. He also rem inded Council of the 5:30 PM m eeting tom orrow at the Hall of Fam e regarding the construction project. ADJOURNM ENT: 8:06 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 11, 2016 @ 7:30 PM

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