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City Council

Regular Meeting

Canton, OH · April 18, 2016

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -202- MINUTES OF THE MEETING APRIL 18, 2016 PRESIDENT SCHULMAN: Is this working? Can you hear me in the back? Not very well? Okay, is that any better? Can you hear me in the back, is that alright? Okay. First, let me say it’s nice to be back. I want to thank all of my fellow public servants for covering for me. The Mayor, and particularly, Leader Morris, while I was sick. There’s nothing worse than pneumonia, I can tell you that. I’ve learned my lesson and I’m glad science has a...at least a reasonably decent cure. So, thanks again everyone. We really appreciate you taking care of me while I was gone. And, having said that...with a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please. ROLL CALL TAKEN BY CLERK SHOWES: 11 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, TOM HARMON, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JASON SCAGLIONE, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER MORRIS ABSENT) CLERK SHOWES: Eleven yeas, one absent sir. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you Mister Clerk. Leader. MEMBER SMITH: Mr. President, I move we excuse Member Morris from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Morris from this evening’s meeting. Any remarks? I’ll just say that he was called away on a business trip and has indicated that he is very sorry he could not be here tonight. Obviously, the Leader attends all our meetings, but this one was just not one that he could make. With that, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, sir. PRESIDENT SCHULMAN: The motion carries and Member Morris is excused from this evening’s meeting. We will have our invocation given tonight by my good friend and Ward 4 Council Member, Chris Smith. Would you all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 18, 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 4 Council Member, Chris Smith. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you very much. Leader Smith. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #8 through COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -203- MINUTES OF THE MEETING APRIL 18, 2016 and including #14, to this evening’s agenda, O#7 will be retained. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add Ordinances 8 through 14 to this evening’s agenda. Ordinance 7 will be Retained in Committee. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, Sir. PRESIDENT SCHULMAN: Thank you. Rule 22A is suspended and the Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn to Public Hearings. We have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Old Business, and we have no Old Business this evening. PUBLIC SPEAKS PRESIDENT SCHULMAN: We turn now to our Public Speaks. We do have 2 speakers this evening. Our first is Stephanie Sweany. Ms. Sweany, as always, welcome to Canton City Council. It’s great to see you. You’re a terrific resource for our city and we appreciate all you do. STEPHANIE SWEANY: Thank you. I’m Stephanie Sweany. My address is 817 5th St. NW, Canton, Ohio 44703. I’m here to talk about the proposed open container legislation, and I am very much in support of this as a resident of downtown Canton and a citizen of downtown Canton. I just have a couple questions on the matter. Member Mack actually answered most of my questions and like Member Smuckler asking questions, he answered most of them as well. So, I want to echo the sentiments of Councilman Smuckler and very much encourage that we are using plastic that has the capability of being recycled by the City and that we have the appropriate amount of recyclable containers throughout the city. I just have a very big concern about that, just environmentally with that kind of production of plastic. The second thing I am a bit concerned about is just how is this going to be brought to the public? How is the public going to be informed of all of these changes. I had some questions about the enforcement, but that was very much answered by Councilman Mack, as well, during the initial hearing. So, the only other question that I have on this issue would be, how are we going to troubleshoot the possibility of the open containers being passed on to some folks in our city that might not be of age. I think that’s a bit harder to enforce and I didn’t know if that was something that was thought of during this whole...these whole proceedings, if we were going to assure that we don’t have an influx of underage folks roaming around downtown with these open containers. That’s very bad PR for the city and I would not like to see that happen because I do think this is a positive change and applicable implementation for the city, and that’s all I have to say. PRESIDENT SCHULMAN: Thank you very...thank you very much. (Applause). Chairman Mack, if you...do you want to respond quickly, while we’re...? COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -204- MINUTES OF THE MEETING APRIL 18, 2016 MEMBER MACK: Ms. Sweany, as always, thank you for joining us. Great thoughts as always on getting the word out. You’re absolutely right, that’s usually important and something I should have said, and I know that Mr. Gill had copies of it. The SID is actually paying for cards that explain all of the rules that will be handed out present at all of the different establishments in downtown because you know...I completely agree, we don’t want to have a rough learning curve when we first start. The idea is that once...if this body were to approve it, that we have the resources to get the word out and the designs already down and ready to hit print. Second thing...underage drinking...yeah, that’s definitely a big concern. What we’ve done to try to deal with that is...we put in place the restriction, only one person per cup. So like, when you think about where underage drinking can happen, like at baseball games and things like that, the concessionaires will allow people to buy 2 drinks or whatever and walk out. This is going to cause some heartburn because, you know, we’re keeping it that restricted, but because this is not going to be, you know, just a place where 17 year olds can come and this is where they hang out. We’ve decided, not myself, but the committee and Chairman West, and all the other people involved, that more restrictive is the best thing, certainly when we’re starting out. So I hope that answers your questions. PRESIDENT SCHULMAN: Thank you, very much. I think that answers your questions...I hope. STEPHANIE SWEANY: Yes. PRESIDENT SCHULMAN: Our next speaker is Stephon King. Mr. King, good evening. As always, welcome to Canton City Council. It’s good to see you. STEPHON KING: Good evening, President Schulman. First of all, my name is Stephon King, for all that don’t know me. I am the First Vice-President of the Stark County NAACP, and I came to thank the Mayor, Deputy Mayor, and all that have supported the NAACP in it’s endeavors, with the communication between our law enforcement and our community. First of all, our press release that’s today’s headlines, and for the stories detailing encounters between law enforcement officials and young people. Unfortunately, some of these stories just don’t have happy endings. While most officers of the law have standard procedures to follow, most young people just don’t. As a result, there are often breakdowns in communication between law enforcement officials and young adults. Now, in a collaborative effort, the Criminal Justice Committee of the Stark County National Association for the Advance of Colored People, the NAACP, chaired by Angela Walls Alexander, the Canton Police Department and the Canton City Schools, have joined together to present “The Law and You”, which are guidelines for interacting with Law Enforcement Officials. This presentation offers suggestive procedures to follow if you are stopped by police officers and/or law enforcement officials regardless of this...of any reason. This event is free and open to the public and will be held on Tuesday, April 26 at 6:00 p.m. The doors open at 5:30, which will be at the McKinley downtown campus, formerly known as the Timken High School Commons. Once again, I’d like to thank City Council and all of the community that does support the NAACP in it’s efforts, and we are asking for your continued support. (Applause). PRESIDENT SCHULMAN: Thank you. That concludes our Public Speaks. Thank you very much, Stephon. We appreciate it. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: And we are now under Informal Resolutions. We have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning now to Communications. Let the journal show that all Communications COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -205- MINUTES OF THE MEETING APRIL 18, 2016 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 18, 2016. 158. ANNEXATION CHAIRMAN WEST: REQ STATEMENT OF SERVICES FOR 1400 GRACE AVE ANNEXATION. - ANNEXATION COMMITTEE 159. LIQUOR CONTROL DIV (OHIO): REQ TRAN OF D2, D2X, D3 PERMIT FROM RICHARD DONATO, DBA VULCAN CAFÉ TO MARK A. MILLS, DBA MILLS TAVERN @ 1649 HARRISON AVE SW. - RECEIVED & FILED 160. MAYOR BERNABEI: AUTHORIZE ADOPTION OF CANTON PARKS MASTER PLAN. - PARKS & RECREATION 161. SAFETY DIRECTOR PERRY: APPROVE DEMO OF PROPERTIES LOCATED @ 3214 14TH ST SW, 2230 21ST ST NE, 2001 BOLLINGER AVE NE, 1532 TANNER AVE SW, 409 12TH ST NE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 162. SERVICE DIRECTOR BARTOS: REQ PROPERTIES BE CERTIFIED TO COUNTY AUDITOR FOR 2015 LIENS DUE TO UNPAID INVOICES IN AMT OF $282,140.00 FOR STREET DEPT AND $3,425.00 FOR ENGINEERING DEPT, URBAN FORESTRY DIVISION (LIST ATTACHED). - FINANCE COMMITTEE 163. SERVICE DIRECTOR BARTOS: REQ VARIOUS AMENDMENTS TO CHAPTER 551, WEED AND LITTER, OF CODIFIED ORDINANCES. - JUDICIARY COMMITTEE 164. SERVICE DIRECTOR BARTOS: AMEND CANTON CODIFIED ORDINANCES TO INCLUDE COMPREHENSIVE LANGUAGE REGARDING USE OF COLLECTION FIRMS, AGENCIES, ETC FOR COLLECTION OF UNPAID DEBTS. - JUDICIARY COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances. Mister Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCE #1 THROUGH ORDINANCE #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -206- MINUTES OF THE MEETING APRIL 18, 2016 #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) A 2016 ANNUAL ACTION PLAN FOR THE 2016 COMMUNITY DEVELOPMENT BLOCK GRANT, 2016 HOME INVESTMENT PARTNERSHIP, AND 2016 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 Referred to Community & Economic Development Committee #2. (1ST RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECENT RECOMMENDATIONS REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE PARK DIRECTOR/PARK COMMISSION TO ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1) 2016 FORD F250 SRW 4X4 REGULAR CAB FROM DOWNTOWN FORD IN AN AMOUNT NOT TO EXCEED $26,312.42; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A THREE YEAR PROFESSIONAL SERVICES CONTRACT WITH PHYSIO-CONTROL, INC. IN AN AMOUNT NOT TO EXCEED $61,882.80 FOR CARDIAC MONITOR MAINTENANCE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A ONE-YEAR PROFESSIONAL SERVICES CONTRACT RENEWAL WITH SHOTSPOTTER FLEX IN AN AMOUNT NOT TO EXCEED $135,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ME/IBI GROUP FOR DESIGN OF THE RIDGEWOOD EAST WATER MAIN REPLACEMENT AND ROADWAY RECONSTRUCTION PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Pubic Property Capital Improvement Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We are now under Ordinances and Formal Resolutions for their Second Reading. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -207- MINUTES OF THE MEETING APRIL 18, 2016 NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCES #8 THROUGH AND INCLUDE #14 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS; ORDINANCE #7 RETAINED IN COMMITTEE: #7. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE ADDING CHAPTER 1352, VACANT COMMERCIAL PROPERTY MAINTENANCE AND STANDARDS, TO THE BUILDING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #8. (2ND RDG) 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) PUB HRG 4/25/16 @ 7:30 PM PRESIDENT SCHULMAN: That’ll be Retained in Committee. (Inaudible). MEMBER SMITH: Not 8, Mr. President, that’s 7. PRESIDENT SCHULMAN: Oh, I’m sorry. MEMBER SMITH: That’s okay. PRESIDENT SCHULMAN: I’m sorry...did you just read...which one did you just read? CLERK SHOWES: I read 8. PRESIDENT SCHULMAN: Oh, you started with 8? Oh, okay...alright. Number 9. #9. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (P.A.L. MISSION) PUB HRG 4/25/16 @ 7:32 PM #10. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (HAMMER & NAILS) PUB HRG 4/25/16 @ 7:33 PM #11. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE FIRST TEE OF CANTON NO. 2 ANNEXATION AREA CONTAINING APPROXIMATELY 0.099 ACRES; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS OS (OPEN SPACE); AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 4/25/16 @ 7:31 PM #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($11,649.61 APPROP TRF FR 4502 104020 TRAFFIC SIGNAL - PERSONNEL TO 4502 104020 TRAFFIC SIGNAL COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -208- MINUTES OF THE MEETING APRIL 18, 2016 - OTHER; $4,980.03 APPROP TRF FR 4502 104040 TRAFFIC ENG/PARKING METER - PERSONNEL TO 4502 104040 TRAFFIC ENG/PARKING METER - OTHER) #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #1 AND FINAL WITH ACLARA TECHNOLOGIES, LLC, IN AN AMOUNT NOT TO EXCEED $142,539.04 FOR THE WATER METER AND METER TRANSMITTING UNIT REPLACEMENT PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT AND ALSO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE AVONDALE AREA PHASE I WATER MAIN REPLACEMENT PROJECT; RECEIVE GRANT FUNDS IN THE AMOUNT OF $475,000 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $475,000; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5232 AVONDALE AREA PHASE I WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 44/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($950,000.00 SUPP APPROP FR UNAPPROP BAL OF 5232 AVONDALE PHASE I WATER MAIN REPLACEMENT PROJ FUND TO 5232 207035 AVONDALE PHASE I WATER MAIN REPLACEMENT - OTHER; $1,345,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207035 AVONDALE PHASE I WATER MAIN REPLACEMENT - OTHER) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Mister Clerk. We now turn to Ordinances and Formal Resolutions for their Third and Final Reading and Vote. Would you please begin with Ordinance #3...3rd Reading, 15. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK SHOWES TO READ ORDINANCE #15 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 66/2016 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) PRESIDENT SCHULMAN: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #15. Any remarks? Hearing none, Mr. Clerk, roll call please. COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -209- MINUTES OF THE MEETING APRIL 18, 2016 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, Sir. #15 ADOPTED AS ORDINANCE NO. 66/2016 PRESIDENT SCHULMAN: Ordinance #15 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcements of Committee Meetings. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER SMITH: C&ED will meet the 25th at 6:15. PRESIDENT SCHULMAN: Thank you. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Finance will meet at the same time, same place. PRESIDENT SCHULMAN: Thank you, Chairman. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Chairman. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet then. PRESIDENT SCHULMAN: Thank you. Chairman Mack. MEMBER MACK: Judiciary will meet at the same time and same place. PRESIDENT SCHULMAN: Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Hearing none, we now move to Miscellaneous Business. Is there any? MEMBER SMUCKLER: Mr. President. PRESIDENT SCHULMAN: Yes, Member Smuckler. MEMBER SMUCKLER: I want to preface my remarks, because we always seem to kill the messenger down here. (Laughter). By saying that I commend the people that worked on the Downtown Open Container Cup, whatever you want to call this...whatever the proper terminology is. I, I...DORA. I appreciate all the work you COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -210- MINUTES OF THE MEETING APRIL 18, 2016 put into this but I also know that we don’t keep minutes back there during committee meetings and I just want to go on record what Councilman Mack and I discussed and it was a very expensive lesson for me for one of my kids down at O.U. I know the ingenuity of 21 year olds, believe it or not, I used to be that age at one point in time. (Laughter). Some of us, older than me can barely remember that, but times were different too. There was 3/2 beer, there was 18 years olds drinking at that point in time and the expensive lesson at O.U. was that just because they closed down a street and you have cups, it doesn’t mean that there isn’t somebody waiting for you to walk off that street or they can’t believe that everybody’s 21 in college because usually 2/3 to 3/4 aren’t. My suggestion, for the record, is that we collect these cups as fast as possible throughout the whole night, and not just clean up at the end, because if we don’t...I still remember Councilman Dougherty and myself getting into this with the Chamber of Commerce over the Rib Burn-Off moving out of downtown. I don’t want to see this work go to waste by having an incident down here, because it’ll only take one that’s out of control, and like the Rib Burn-Off, we’ll loose this. I just think that it’s better to do this a few times a night rather than once a night and try to preclude the ingenuity of myself and a lot of other people at that age that would think of ways to be able to get an extra drink or two. Thank you. PRESIDENT SCHULMAN: Thank you, Member Smuckler. (Applause). Any other Miscellaneous Business? Leader. MEMBER SMITH: Mr. President, I move that we go into Executive Session. MEMBER BABCOCK: Second. MEMBER SMITH: That will include Council Members, the Mayor, his Cabinet, the Law Director, and Tracy, for personnel reasons. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: Law Director. LAW DIRECTOR MARTUCCIO: Thank you. Mr. President, Leader. We have to be a little more specific than personnel. Compensation, discipline, promotion, demotion, hiring and compensation of public employees. Thank you. MEMBER SMITH: Hiring and compensation of personnel. (Inaudible). PRESIDENT SCHULMAN: Okay, it’s a motion to go into Executive Session... MEMBER BABCOCK: Second. PRESIDENT SCHULMAN. Second...roll call vote, please. CLERK SHOWES...Smith... PRESIDENT SCHULMAN: Roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 104 JOURNAL PAGE -211- MINUTES OF THE MEETING APRIL 18, 2016 CLERK SHOWES: Eleven yeas, Sir. PRESIDENT SCHULMAN: And for the members in the audience, we’ll be coming back but we’ll just be adjourning so, there will be no more business so you’re more than free to go home and enjoy this beautiful evening or have a drink. We’ll see you next week. MEMBER SMITH: Mr. President, I move that we come out of Executive Session. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you come out of Executive Session. Roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS PRESIDENT SCHULMAN: Motion carries, you’re now out of Executive Session. Leader. MEMBER SMITH: I move to adjourn. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote, please, Mister Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK SHOWES: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Meeting is adjourned. Be careful everybody, thank you. (Gavel falls) ADJOURNMENT TIME: 8:18 P.M. ATTEST: APPROVED: KELLEN SHOWES ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM APRIL 18, 2016 ROLL CALL: Eleven Mem bers Present M OTION TO EXCUSE M EM BERS: Mem ber Morris Absent INVOCATION: Chris Sm ith, W ard 4 Council Mem ber PLEDGE OF ALLEGIANCE: President Schulm an AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#8 - O#14; O#7 Retained in Com m ittee) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Stephanie Sweany expressed her support for the open container proposal for downtown, but indicated she had som e questions which Mem ber Mack answered. She does have an environm ental concern about the am ount of plastic cups, and encouraged recycling and an appropriate am ount of containers. She is also concerned about how the public will be inform ed of the various changes. Her only other question is how they will troubleshoot the possibility of underage drinking. Mem ber Mack responded by explaining that the SID is paying for cards which explain all the rules that will be handed out at all the participating establishm ents. As far as the underage drinking he explained that the restriction of only one person per cup is intended to address that possibility. Stephon King, who is the First Vice President of the NAACP, thanked the Mayor and Deputy Mayor for their support with com m unications between the NAACP and law enforcem ent. He referred to their Press Release which detailed stories of encounters between young people and law enforcem ent officials, and how there is often a breakdown in com m unication. He stated that the Crim inal Justice Com m ittee of the NAACP, the Canton Police Departm ent and the Canton City Schools have joined to present Law and You which sets out guidelines for youth interacting with police officials. This is a free event to be held Tuesday, April 26 th at 6:00 P.M. at the Tim ken Downtown Cam pus. INFORM AL RESOLUTIONS: None COM M UNICATIONS: 158. ANNEXATION CHAIRMAN W EST: REQ STATEMENT OF SERVICES FOR 1400 GRACE AVE ANNEXATION. - ANNEXATION COMMITTEE 159. LIQUOR CONTROL DIV (OHIO): REQ TRAN OF D2, D2X, D3 PERMIT FROM RICHARD DONATO, DBA VULCAN CAFÉ TO MARK A. MILLS, DBA MILLS TAVERN @ 1649 HARRISON AVE SW . - RECEIVED & FILED 160. MAYOR BERNABEI: AUTHORIZE ADOPTION OF CANTON PARKS MASTER PLAN. - PARKS & RECREATION COMMITTEE 161. SAFETY DIRECTOR PERRY: APPROVE DEMO OF PROPERTIES LOCATED @ 3214 14 TH ST SW , 2230 21 ST ST NE, 2001 BOLLINGER AVE NE, 1532 TANNER AVE SW , 409 12 TH ST NE. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 162. SERVICE DIRECTOR BARTOS: REQ PROPERTIES BE CERTIFIED TO COUNTY AUDITOR FOR 2015 LIENS DUE TO UNPAID INVOICES IN AMT OF $282,140.00 FOR STREET DEPT AND $3,425.00 FOR ENGINEERING DEPT, URBAN FORESTRY DIVISION (LIST ATTACHED). - FINANCE COMMITTEE 163. SERVICE DIRECTOR BARTOS: REQ VARIOUS AMENDMENTS TO CHAPTER 551, W EEDS AND LITTER, OF CODIFIED ORDINANCES. - JUDICIARY COMMITTEE 164. SERVICE DIRECTOR BARTOS: AMEND CANTON CODIFIED ORDINANCES TO INCLUDE COMPREHENSIVE LANGUAGE REGARDING USE OF COLLECTION FIRMS, AGENCIES, ETC FOR COLLECTION OF UNPAID DEBTS. - JUDICIARY COMMITTEE ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 1 ST RDG 1. AUTHORIZE MAYOR TO FILE W ITH US DEPT OF HOUSING AND URBAN DEVELOPMENT (HUD) 2016 ANNUAL ACTION PLAN FOR 2016 COMMUNITY DEVELOPMENT BLOCK GRANT, 2016 HOME INVESTMENT PARTNERSHIP AND 2016 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFY SUBMISSION AND FILING OF SAID PLAN; AUTHORIZE MAYOR TO EXECUTE GRANT AGMTS W ITH HUD AND TO ACCEPT FUNDING FOR 3 PROGRAMS; EMERGENCY (CDBG, HOME & ESG PROGRAMS) Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 2. RESOLUTION ACCEPTING TAX INCENTIVE REVIEW COUNCIL’S RECENT RECOMMENDATION REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGMTS; EMERGENCY Referred to Com m unity & Econom ic Developm ent Com m ittee 1 ST RDG 3. AUTHORIZE PARK DIRECTOR/PARK COMMISSION TO ENTER INTO CONTRACT FOR PURCHASE OF ONE (1) 2016 FORD F250 SRW 4X4 REGULAR CAB FR DOW NTOW N FORD IN AMT NOT TO EXCEED $26,312.42; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 4. AUTHORIZE MAYOR OR SAFETY DIR TO ENTER INTO 3-YR PROF SERVS CONTRACT W ITH PHYSIO-CONTROL, INC. IN AMT NOT TO EXCEED $61,882.80 FOR CARDIAC MONITOR MAINTENANCE; EMERGENCY (FIRE DEPT) Referred to Finance Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - APRIL 18, 2016 ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED: 1 ST RDG 5. AUTHORIZE SAFETY DIR TO ENTER INTO 1-YR PROF SERVS CONTRACT RENEW AL W ITH SHOTSPOTTER FLEX IN AMT NOT TO EXCEED $135,000; EMERGENCY Referred to Finance Com m ittee 1 ST RDG 6. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROF SERVS CONTRACT W ITH ME/IBI GROUP FOR DESIGN OF RIDGEW OOD EAST W ATER MAIN REPLACEMENT AND ROADW AY RECONSTRUCTION PROJ; AMEND APPROP O#44/2016; EMERGENCY ($35,997.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207043 RIDGEW OOD EAST W ATER MAIN REPLACEMENT AND ROADW AY RECONSTRUCTION PROJ - OTHER; $16,675.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 207043 RIDGEW OOD EAST W ATER MAIN REPLACEMENT AND ROADW AY RECONSTRUCTION PROJ - OTHER) Referred to Finance and Public Property Capital Im provem ent Com m ittees ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#8 - O#14; O#7 RETAINED IN COMMITTEE) RETAINED IN COM M ITTEE 2 ND RDG 7. ADD CHAPTER 1352, VACANT COMMERCIAL PROPERTY MAINTENANCE AND STANDARDS, TO BLDG CODE OF CODIFIED ORDINANCES OF CITY OF CANTON (JUD) 2 ND RDG 8. 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) PUB HRG 4/25/16 @ 7:30PM (DW NTW N DEV&JUD) 2 ND RDG 9. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (P.A.L. MISSION) PUB HRG 4/25/16 @ 7:32PM (JUD) 2 ND RDG 10. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (HAMMER & NAILS) PUB HRG 4/25/16 @ 7:33PM (JUD) 2 ND RDG 11. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS FIRST TEE OF CANTON NO. 2 ANNEXATION AREA CONTAINING APPROX 0.099 ACRES; ASSIGN TERRITORY TO W ARD 6; ZONE TERRITORY AS OS (OPEN SPACE); EMERGENCY PUB HRG 4/25/16 @ 7:31PM (ANNEX) 2 ND RDG 12. AMEND APPROP O#44/2016; EMERGENCY ($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 METER - OTHER) (PPCI) 2 ND RDG 13. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDER #1 AND FINAL W ITH ACLARA TECHNOLOGIES, LLC IN AMT NOT TO EXCEED $142,539.04 FOR W ATER METER AND METER TRANSMITTING UNIT REPLACEMENT PROG; EMERGENCY (FIN) 2 ND RDG 14. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO A CONSTRUCTION CONTRACT & EXECUTE PROF SERVS CONTRACT FOR CONSTRUCTION OVERSIGHT SERVS FOR AVONDALE AREA PHASE 1 W ATER MAIN REPLACEMENT PROJ; RECEIVE GRANT FUNDS IN AMT OF $475,000.00 & A ZERO PERCENT INT LOAN IN AMT OF $475,000.00; AUTHORIZE AUDITOR TO ESTABLISH 5232 AVONDALE AREA PHASE 1 W ATER MAIN REPLACEMENT PROJ FUND; AMEND APPROP O#44/2016; EMERGENCY ($950,000.00 SUPP APPROP FR UNAPPROP BAL OF 5232 AVONDALE PHASE 1 W ATER MAIN REPLACEMENT PROJ FUND TO 5232 207035 AVONDALE PHASE 1 W ATER MAIN REPLACEMENT - OTHER; $1,345,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207035 AVONDALE PHASE 1 W ATER MAIN REPLACEMENT - OTHER) (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 66/2016 15. 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) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: M ONDAY, April 25, 2016 in Council Caucus Room at 6:15 PM 1) Com m unity & Econom ic Developm ent Com m ittee 2) Finance Com m ittee 3) Public Property Capital Im provem ent Com m ittee 4) Judiciary Com m ittee M ISCELLANEOUS BUSINESS: Mem ber Sm uckler com m ended the people who worked on the DORA, however because m inutes are not kept of the com m ittee m eetings he wanted to go on record with his discussion with Mem ber Mack. Because of a situation that occurred at O.U. regarding underage drinking, and rem em bering being 21 years old him self, he suggested collecting the cups as soon as possible throughout the night. He doesn’t want to see all this work go to waste by a situation getting out of control and losing this like they did the ribs burnoff. ADJOURNM ENT: 8:18 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, APRIL 25, 2016 @ 7:30 PM

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