City Council
Regular MeetingCanton, OH · February 13, 2017
Minutes
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MINUTES OF THE MEETING FEBRUARY 13, 2017
PRESIDENT SCHULMAN: Good evening ladies and gentlemen, and welcome to Canton City Council. We
were surprised (Inaudible) were going to come out of Executive Session, but we did. Welcome, again. And
with a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote,
please, Mr. Clerk.
ROLL CALL TAKEN BY CLERK DOUGHERTY:
12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, TOM
HARMON, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT
FISHER, KEVIN HALL, JOHN MARIOL & EDMOND MACK)
TWELVE COUNCIL MEMBERS PRESENT.
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: We’ll have our invocation given tonight my good friend, Ward Council Member,
Robert Fisher. Will you all please stand and remain standing for our Pledge of Allegiance
The regular meeting of Canton City Council was held on February 13, 2017 at 7:30 P.M. in the Canton City
Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The
invocation was given by Ward 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by
President Schulman.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Thank you, Member Fisher. We are now under Agenda Corrections and
Changes. Leader.
MEMBER MORRIS: Mr. President, mmmm, ok, wait a minute. I move we suspend Rule 22A to add
Ordinances #9 through 13, back on the...or, on the agenda.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add second readings
Ordinances 9 through 13 to this evening’s agenda. Any remarks? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: Thank you. Motions carries. Rule 22A is suspended, and the Ordinances are
now a legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: We now turn to Public Hearings. We have no Public Hearings this evening.
OLD BUSINESS
PRESIDENT SCHULMAN: Turning to Old Business. We have no Old Business this evening.
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PUBLIC SPEAKS
PRESIDENT SCHULMAN: Going to Public Speaks. We do have one speaker tonight. And um, if you’ll
step forward and give us your name and your residential address, please. And as always, welcome.
HENRY PRESTON: Thank you. My name is Henry Preston. I live at 326 31st St. NW, Canton. Part of the
Market Heights neighborhood, part of Frank Morris’ 9th Ward.
PRESIDENT SCHULMAN: Thank you, Mr. Preston.
HENRY PRESTON: The reason I’m here tonight is to speak about the relaxed standards that we seem to
continually apply to the paving that we have done in the city. It seems like we only get 50% of it right. The
other 50%, we have to go back and keep doing it. And, the latest project that affects me is on 30th St., by
Harvard. Frank Morris and I have talked about this and he’s talked with Mr. Rorar. And, uh, Mr. Rorar
assures him that he...Mr. Rorar knows what he’s doing, but I still question that. Um, because what they did
was, on 37th St...on 37th St. they did a good job because when the...cross streets on 37th, they came twelve to
twenty feet on the cross section. Well, on 30th St. and Harvard Avenue, they didn’t go back anything at all.
And so, 30th St. and Harvard Avenue...Harvard is like a ball park...grass, where everybody walks...mean...
drives over it. When it’s wet it gets rudded. It gets uneven. Then when it freezes, guess what, you’ve got a
rudded field. Well, that’s what we’ve got with Harvard. It’s a rudded street and when you pave it, you’ve got
to go down far enough to where your surface...your surface has something to adhere to and stick. But what
they’ve done, is this rudded surface, they went over it and now it’s cracking. So, now we have a street that’s
falling apart again, so, I’d like to ask Mr. Morris to check with Mr. Rorar and get out there and look at it, and
ask him why that he allowed that to happen. Thank you.
PRESIDENT SCHULMAN: Thank you, Mr. Preston, as always. Thanks for your comments. (Applause).
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We now turn to Informal Resolutions and we have three this evening. Mister
Clerk would you please read Informal Resolution 14.
#14. COUNCIL AS A WHOLE: OPPOSING OHIO GOVERNOR’S PROPOSED 2017-2018 BUDGET
AS IT RELATES TO MUNICIPAL INCOME TAX. - ADOPTED
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: I move we adopt Informal Resolution #14.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded...I haven’t been here in a while...to adopt Informal
Resolution 14. Are there any remarks? I hope there’s somebody here that can tell us what this is. Mr.
McEnaney. Thank you.
DEPUTY TREASURER MCENANEY: Mr. President, Members of Council...Informal Resolution 14 is
opposing the provisions in the Governor’s budget for 2017 - 2018. There are...included in the budget, are two
tax provisions, uh, er, (Inaudible) municipal income tax provisions. One would take the authority to collect
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and enforce the municipal income tax on net profits away from the cities, and invest it in the State. Tax
Commissioner would then proscribe the forms and the way and the means of their collection and then dump
them into a big income tax fund in the State, and then distribute it to cities; removing from the cities, then, the
ability to audit and enforce removing from the cities the ability to ensure that refunds are being properly
vetted, and removing from the cities the ability to service uh, net profits tax returns and tax payers.
Additionally, there’s another provision in this budget which removes from the uh, revised code pertaining to
the cities and from all the city income tax codes, a thing called a “throw-back provision.” The throw-back
provision is a very technical, um, um, provision of allocating receipts to the municipality from a company
that’s doing business in and out of the municipality. Defines (Inaudible). And it is expected that that too
would be harmful, detrimental to municipal receipts. But the most important thing about this is that the city
now would lose control over all of its net profits tax returns and tax receipts to the extent that we may or may
not even see them. Even if we do, we no longer would have the ability to audit and enforce on the net profits
returns.
PRESIDENT SCHULMAN: So, if I may, how much do you think we are going to lose on this initiative from
the State?
DEPUTY TREASURER MCENANEY: Mr. President, it’s hard to say what we would lose, but I can tell you
this. When we do audits of the net profits returns, it’s the corporate returns where the significant money
comes in. We’re not talking about hundreds of dollars in an audit, we’re talking tens of thousands. There was
one that we were involved with the city Law Department recently where the audit can’t...you know...resulted
in a settlement that was a couple hundred thousand dollars and...and it continues...a hundred thousand dollars
a year to the city, as the result of an audit. Now, these kinds of things that would trigger an audit to a
municipal tax auditor who’s looking at this and saying, “Oh, wait a minute, I need to look into this”, that will
never happen again because we won’t even see the returns, even if we do, we will no longer have the authority
to question it.
PRESIDENT SCHULMAN: So, whose idea was this?
DEPUTY TREASURER MCENANEY: Mr. President, it’s the Governor’s proposal.
PRESIDENT SCHULMAN: It’s the Governor’s proposal, and the support is there in the legislature?
DEPUTY TREASURER MCENANEY: I’m hoping not and I’m hoping that City Council’s adoption of this
resolution will sway at least, or give our legislators pause.
PRESIDENT SCHULMAN: Yes, Law Director.
LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. If I can augment. Mr. McEnaney has gathered
great deal of information. The Ohio Municipal League, The Ohio Municipal Attorney’s Association are
questioning the validity of yet another attack on home rule. We understand the state is trying to say, they want
to make this uniformly applied, statewide importance, using all the magic words to try to pre-empt us and
create a conflict. What this is, in our opinion, attack on our home rules powers that will eliminate local
control and local, good, detailed attention to a very important matter, that taxation of our residents. This
resolution, when passed, will be sent to the Governor, all of our local State Representatives, our local State
Senator, and the Clerks of the Councils of all our neighboring cities and villages. So, we want to get the
message out, with your help, that this is not something that we see as just rolling over on. Thank you.
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PRESIDENT SCHULMAN: Thank you. Well, what I’m trying to figure out is, how much are we losing,
potentially? (Inaudible).
MEMBER SMUCKLER: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER SMUCKLER: The problem’s not losing it, the problem that he’s explaining is, and as a
businessman, I can tell you, the problem is the collection, the problem is making sure that the collection’s
done properly, and then the turnaround time of getting the money from the state back to the city. Am I correct,
Mr. Treasurer? So, in a sense, we’re getting it, it’s going to take a while because the state’s collecting it and
returning it to us and we lose all audit on it and that’s the biggest problem.
PRESIDENT SCHULMAN: Well, there’s also an administrative fee?
MEMBER SMUCKLER: Correct, one percent.
DEPUTY TREASURER MICHAEL MCENANEY: That’s correct, Mr. President. There would be a one
percent administrative fee if that’s...would be applied, ultimately to all of our revenue, which seems to be the
direction they’re going. That cost would be around half a million, what I received last year, forty-seven
million, so...
PRESIDENT SCHULMAN: Mr. Hawk...Member Hawk.
MEMBER HAWK: (Inaudible) sir, I was just going to point out that they will in fact charge us a one percent
fee for collecting taxes and then send us the rest back when they feel like it. And that’s going to be the other
issue, (Inaudible), when we finally get it back.
PRESIDENT SCHULMAN: Well, what’s the...what’s the ultimate scheme here? Is it just to put us out of
business? Is that the idea? Is it to...
MEMBER SMUCKLER: The ultimate scheme will be that eventually, they want to collect all the income
taxes across the state.
PRESIDENT SCHULMAN: I understand that. Ultimately, what is the long term game here, with the State?
Do they just want to put us out of business? Is that what they want? And who is going to pull up the slack, if
that happens?
MEMBER SMUCKLER: The State Treasurer’s Office becomes larger because they will be handling all the
income taxes.
PRESIDENT SCHULMAN: We’re still broke. Who makes up the difference. I mean, we’ve been through
this, all of us, and some of the new members may not be aware of it, but we’ve been through this for years.
Anticipating what they’re doing. They’re raping the tax payers, our local taxpayers. That’s what they’re
doing. They’re putting us out of business and we stand by and basically, just allow them to do it. You know,
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we’ve asked for, and I’m not...this is not a criticism of anyone here, but I’d like to see our members of the
House and the Senate to come down. We’ve asked for that. Come down and tell us, why are you doing this?
Why does the State have...how much? In surplus? Mr. Speaker.
MEMBER MORRIS: A couple billion.
PRESIDENT SCHULMAN: How much? Two hundred seventy....we should know. It’s two billion dollars.
Two billion with a “b”.
MEMBER HAWK: I think, Mr. President, that as you so often said, and as we have to come to the realization
that the State has balanced their budget on the backs of the cities. While we suffer, they prosper, because
they’re taking our dollars that we used to get back to return to our communities, and they keep it for
themselves. And we...I don’t see any major improvements for what we get for what we send to the State. We
certainly could use it at our local bases to put it where we need it.
PRESIDENT SCHULMAN: Well, maybe it’s time, and this is the last statement I’ll make, maybe it’s time
that we, uh, take a page out of what’s going on in the country now and demonstrate...go down and demonstrate
at their offices. Ask them to come down to talk to us and Council. This affects everyone who’s here. We
have to do something because this cannot last. We cannot sustain these poundings, uh, year after year, after
year. So, with that...any other remarks? There is a motion, by voice vote, all those in favor of this motion
signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #14 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it, the motion carries and hopefully we’ll be able to build upon
this and send a message to these people because they are miserable and they are really hurting our people. Ok,
um, turning now to Resolution #15.
#15. COUNCIL MBR FISHER, WARD 5: HONORARY NAMING OF 13TH ST SW FROM
CLARENDON AVENUE SW TO WERTZ AVE SW AS “J. BABE STEARN WAY SW”. -
ADOPTED
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: I move we adopt Informal Resolution #15.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 15. Any remarks?
MEMBER FISHER: Mr. President.
PRESIDENT SCHULMAN: Yes, Member Fisher.
MEMBER FISHER: Will you please have that read?
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PRESIDENT SCHULMAN: Absolutely. Sure
CLERK DOUGHERTY: An Informal Resolution Respectfully Submitted By Robert Fisher, Ward 5
Council Member on this 13rd day of February, 2017. Whereas, Council is in receipt of Communication
#48 from Robert Fisher, Ward 5 Council Member, requesting that Council recognize J. Babe Stearn by the
honorary naming of 13th St SW, from Clarendon Ave. SW to Wertz Ave. SW as J. Babe Stearn Way SW; and
Whereas, Council is in agreement with Member Fisher that J. Babe Stearn has made a significant impact on the
City of Canton, and wishes to honor the achievements of J. Babe Stearn. Now Therefore Be It Resolved: that
we, the Members of Canton City Council commend and honor the efforts of J. Babe Stearn by the honorary
naming of 13th St. SW, from Clarendon Ave. SW to Wertz Ave. SW, through the placement of informational signs
labeled as “J. Babe Stearn Way SW”. The official name will remain 13th St. SW for all postal, commercial and
governmental purposes. The informational signs are to be constructed and placed by the Engineering Department
pursuant to any applicable laws, safety and fiscal standards. The informational signs are not to be posted in the
likeness or location of typical city street signs.
PRESIDENT SCHULMAN: Thank you very much, Mr. Clerk. Any other remarks? All those in favor
signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #15 PASSED UNANIMOUSLY BY VOICE VOTE
RESIDENT SCHULMAN: The ayes have it, the motion carries. The Resolution is adopted. Turning now to
Resolution 16.
#16. PERSONNEL COMMITTEE: CONFIRMING MAYOR’S RE-APPT OF BRIAN SKILES TO
CANTON RECREATION BOARD FROM 1/1/17 TO 12/31/21. - ADOPTED
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: I move we adopt Informal Resolution #16.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 6....17, I’m
sorry. Any remarks? Hearing none, by voice vote all those in favor signify by saying...I’m sorry, 16. All those
in favor signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it, the motion carries and Resolution 16 is adopted.
COMMUNICATIONS
PRESIDENT SCHULMAN: We’re now under Communications. Let the record know 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
FEBRUARY 13, 2017.
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58. AGENT FOR PETITIONER SLIMAN: ANNEXATION PETITION DOCS FILED WITH STARK
COUNTY COMMISSIONERS ON 2/9/17 IN HOF VILLAGE #3 ANNEXATION - RECEIVED &
FILED
59. AUDITOR MALLONN: REQ ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION
NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 FOR
OPERATION OF HERCULES REDEVELOPMENT PROJECT I. - FINANCE COMMITTEE
60. AULTMAN HEALTH FOUNDATION: REQ VACATION OF MOSLEY CT SW FROM NORTH
LINE OF LOTS 42638 AND 42640 TO SOUTH LINE OF LOT 10193. - PLANNING COMMISSION
61. ENGINEERING DEPT: LIST OF ADDRESS RANGES FOR PILOT PROPERTY ANNEXATION. -
RECEIVED & FILED
62. ENGINEERING DEPT: LIST OF ADDRESS RANGES FOR TRUMP SCHOOL PROPERTY
ANNEXATION. - RECEIVED & FILED
63. MAYOR BERNABEI: REQ ADOPTION OF GENERAL FUND BUDGET AND APPROPS FOR
2017. - FINANCE COMMITTEE
64. SAFETY DIRECTOR PERRY: REQ LEGISLATION TO FORMALIZE AMENDMENTS TO
EXISTING CPPA AND FOP CONTRACTS, WITH 2 YR EXTENSIONS FOR EACH, SUBJECT TO
WAGE & HEALTHCARE ARTICLE REOPENERS. - FINANCE AND PERSONNEL COMMITTEES
65. TREASURER PEREZ: MTHLY RPT OF PARKING METER REVENUE FOR JANUARY, 2017. -
RECEIVED & FILED
66. TREASURER PEREZ: MTHLY RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK
BOX ACCT FOR JANUARY, 2017. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING.
PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Ordinances for their First Reading.
Mr. Clerk, would you please begin with Ordinance #1.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1
THROUGH #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 1352, REGISTRATION AND
MAINTENANCE STANDARDS OF VACANT NON-RESIDENTIAL
COMMERCIAL AND INDUSTRIAL PROPERTY
Referred to Judiciary Committee
#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO RENAME THE 2774
BYRNE MEM JUSTICE ASSIST GR 09 59 FUND 2774 2016 COPS HIRING PROG
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GRANT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO A
SETTLEMENT AGREEMENT WITH SHOOK CONSTRUCTION CO.;
AUTHORIZING THE MAYOR DIRECTOR OF PUBLIC SERVICE TO ENTER
INTO CHANGE ORDERS NOS. 3 & 4 TO THE WRF PHOSPHOROUS/NITROGEN
PROJECT - CONTRACT NO. 26; AMENDING APPROPRIATION ORDINANCE
NO. 257/2016; AND DECLARING THE SAME TO BE AN EMERGENCY
($255,651.77 INTRO-FUND TRF FR UNAPPROP BAL OF 5410 SEWER
OPERATING FUND TO UNAPPROP BAL OF 5442 WRF PHOSPHORUS PROJ
FUND; $637,673.23 SUPP APPROP FR UNAPPROP BAL OF 5442 WRF
PHOSPHORUS PROJ FUND TO 5442 206054 WRF PHOSPHORUS PROJ
(CONSTRUCTION) - OTHER; $255,651.77 SUPP APPROP FR UNAPPROP BAL
OF 5442 WRF PHOSPHORUS PROJ FUND TO 5442 206055 SHOOK
CONSTRUCTION CO. INDEMNIFICATION - OTHER)
Referred to Finance Committee
#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT
AMENDMENT WITH CT CONSULTANTS, INC. IN AN AMOUNT NOT TO
EXCEED $384,000.00; AMENDING APPROPRIATION ORDINANCE NO.
257/2016; AND DECLARING THE SAME TO BE AN EMERGENCY ($384,000.00
SUPP APPROP FR UNAPPROP BAL OF 5442 WRF PHOSPHORUS PROJ FUND
TO 5442 206054 WRF PHOSPHORUS (CONSTRUCTION) - OTHER)
Referred to Finance Committee
(COUNCIL RECESSED AT 7:52 P.M. FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT
AND FINANCE COMMITTEES TO DISCUSS ORDINANCE #5; RECONVENED AT 7:56 P.M.)
#5. (1ST RDG) ADOPTED AS ORDINANCE NO. 26/2017 AN ORDINANCE AUTHORIZING
THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE
BIDS, AWARD, AND ENTER INTO A CONSTRUCTION CONTRACT;
PROFESSIONAL SERVICES CONTRACT; CONTRACTS WITH OHIO POWER
COMPANY (AKA AEP), TIME WARNER CABLE/CHARTER (NKA SPECTRUM),
AT&T, AND/OR ANY OTHER ASSOCIATED ENTITIES FOR UTILITY WORK;
AND ENTER INTO AGREEMENT(S) FOR AND RECEIVE GRANTS AND/OR
LOANS FROM VARIOUS FUNDING SOURCES RELATED TO THE MAHONING
RD CORRIDOR PROJECT, PHASE 2; AMENDING APPROPRIATION
ORDINANCE NO. 257/2016; AND DECLARING THE SAME TO BE AN
EMERGENCY ($466,500.00 SUPP APPROP FR UNAPPROP BAL OF 4566
MAHONING RD. CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING
RD. CORRIDOR PROJ, GP 1103 - OTHER; $6,900,000.00 SUPP APPROP FR
UNAPPROP BAL OF 4566 MAHONING RD. CORRIDOR PROJ, GP 1103 FUND
TO 4566 202079 MAHONING RD. CORRIDOR PROJ, GP 1103 - OTHER;
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$1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD.
CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD. CORRIDOR
PROJ, GP 1103 - OTHER; $500,000.00 SUPP APPROP FR UNAPPROP BAL OF
5201 WATER OPER FUND TO 5201 202079 MAHONING RD. CORRIDOR PROJ,
GP 1103 - OTHER; $250,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410
SEWER OPER FUND TO 5410 202079 MAHONING RD. CORRIDOR PROJ, GP
1103 - OTHER; $1,357,203.00 SUPP APPROP FR UNAPPROP BAL OF 4501
CAPITAL FUND* TO 4501 202079 MAHONING RD. CORRIDOR PROJ, GP 1103 -
OTHER, *4501 CAP FUND WILL BE REIMBURSED THIS AMT BY SARTA FTA
FUNDING; $500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAP FUND
TO 4501 202079 MAHONING RD. CORRIDOR PROJ, GP 1103 - OTHER;
$275,000.00 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD
FUND TO 2113 202079 MAHONING RD. CORRIDOR PROJ, GP 1103 - OTHER
Referred to Public Property Capital Improvement and Finance Committees
#6. (1ST RDG AN ORDINANCE ADOPTING THE 2017 ANNUAL APPROPRIATIONS FOR THE
CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY
(BUDGET)
Referred to Finance Committee
(COUNCIL RECESSED AT 7:56 P.M. FOR THE FINANCE AND PERSONNEL COMMITTEES TO
DISCUSS ORDINANCES #7 AND #8; RECONVENED AT 7:58 P.M.)
#7. (1ST RDG) ADOPTED AS ORDINANCE NO. 27/2017 AN ORDINANCE APPROVING THE
AMENDMENTS AND EXTENSIONS TO THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON POLICE
PATROLMAN’S ASSOCIATION; AND DECLARING THE SAME TO BE AN
EMERGENCY (CPPA)
Referred to Finance and Personnel Committees
#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 28/2017 AN ORDINANCE APPROVING THE
AMENDMENTS AND EXTENSIONS TO THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF CANTON AND THE FRATERNAL
ORDER OF POLICE; AND DECLARING THE SAME TO BE AN EMERGENCY
(FOP)
Referred to Finance and Personnel Committees
PRESIDENT SCHULMAN: At this time the Chair would declare an in-house recess for the Public Property
Capital Improvement, Finance and Personnel Committees to meet in regard to Ordinances 5, 7, and 8 on your
agenda this evening. You’re now in recess. Chairman.
(RECESS)
PRESIDENT SCHULMAN: Council will reconvene after its recess, Leader.
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MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinances #5, 7, and 8 back on
this evening’s agenda.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 5, 7, and
8 back on this evening’s agenda. Are there any remarks? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SCHULMAN: Motion carries. Leader.
MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rules on Ordinances #5, 7, and 8.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Statutory Rule for Ordinances 5, 7, and
8 on this evening’s agenda. Any remarks? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas.
PRESIDENT SCHULMAN: You’ve heard the three readings, Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #5.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that adopt Ordinance #5. Any remarks? Hearing
none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#5 ADOPTED AS ORDINANCE NO. 26/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance #5 is adopted. Ordinance 6, please. (Inaudible). 7,
I’m sorry, 7.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #7.
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MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #7. Any remarks?
Hearing none, roll...roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#7 ADOPTED AS ORDINANCE NO. 27/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance #7 is adopted. Ordinance #8, please.
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?
Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#8 ADOPTED AS ORDINANCE NO. 28/2017
PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance #8 is adopted.
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: Now we turn to Second Reading Ordinances. Ordinances and Formal Resolutions
for their Second Reading. Mr. Clerk, could you please begin with Ordinance #9.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #9
THROUGH #13 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#9. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ENTER INTO A THREE
YEAR PROFESSIONAL SERVICES AGREEMENT WITH JULIAN & GRUBE,
INC. IN AN AMOUNT NOT TO EXCEED $25,400.00 ANNUALLY; AND
DECLARING THE SAME TO BE AN EMERGENCY (COVER 2016, 2017, 2018
AUDIT PERIODS)
#10. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 257/2016;
AND DECLARING THE SAME TO BE AN EMERGENCY ($27,600.00 INTER-
FUND TRF FR 1001 GENERAL FUND TO 1205 POLICE SETTLEMENT FUND)
(BOBBY JO WRIGHT SETTLEMENT)
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MINUTES OF THE MEETING FEBRUARY 13, 2017
#11. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ACCEPT AND ENTER INTO THE FITZPATRICK-JOINT
ECONOMIC DEVELOPMENT DISTRICT AGREEMENT AREA IN JACKSON
TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY (JEDD)
#12. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE, OR THEIR DESIGNEE, TO NEGOTIATE AND ENTER INTO
AGREEMENTS FOR THE SALE OR DONATION OF CITY-OWNED PROPERTY
FOR PERMANENT ROAD RIGHT-OF-WAY AND TEMPORARY
CONSTRUCTION EASEMENTS AS PART OF THE MIDDLEBRANCH AND 30TH
ST. RECONFIGURATION; AND DECLARING THE SAME TO BE AN
EMERGENCY
#13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH
DUBLIN TECHNOLOGIES, INC. FOR THE UPGRADE OF THE WATER
DEPARTMENTS SUPERVISORY CONTROL AND DATA ACQUISITION
SYSTEM AND TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO
CONTRACT FOR THE PURCHASE OF COMPUTERS, LAPTOPS, SOFTWARE
LICENSES, AND MISCELLANEOUS ASSOCIATED ITEMS REQUIRED FOR THE
UPGRADE; ALTERNATIVELY AUTHORIZES THE FOREGOING PURCHASE IN
ACCORDANCE WITH ANY COOPERATIVE PURCHASING PROGRAM OR
PROCUREMENT PROCEDURE AUTHORIZED BY LAW; AMENDING
APPROPRIATION ORDINANCE NO. 257/2016; AND DECLARING THE SAME
TO BE AN EMERGENCY
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: Thank you, Mr. Clerk. We now turn to Ordinances and Formal Resolutions for
their Third/Final Reading. Would you please begin with Ordinance 14.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #14 THROUGH #23 FOR THE THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS.
#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 29/2017 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 257/2016; AND DECLARING THE SAME TO
BE AN EMERGENCY ($20,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501
CAPITAL PROJ FUND TO 4501 102001 POLICE ADMIN - OTHER)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14.
MEMBER SMITH: Second.
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MINUTES OF THE MEETING FEBRUARY 13, 2017
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #14. Any remarks?
Hearing none...Leader.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#14 ADOPTED AS ORDINANCE NO. 29/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance #14 is adopted. Ordinance #15, please.
#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 30/2017 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 257/2016; AND DECLARING THE SAME TO
BE AN EMERGENCY ($8,353,850.00 SUPP APPROP FR UNAPPROP BAL OF 4581
12TH ST BRIDGE REPLACEMENT FUND TO 4581 202091 12TH ST BRIDGE
REPLACEMENT - OTHER; $273,297.00 SUPP APPROP FR UNAPPROP BAL OF
2123 MUNICIPAL ROAD FUND TO 2123 202091 12TH ST BRIDGE REPLACEMENT
- OTHER)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #15. Any remarks under this
Ordinance? Again, hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#15 ADOPTED AS ORDINANCE NO. 30/2017
PRESIDENT SCHULMAN: Ordinance 15 is adopted. Ordinance 16, please.
#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 31/2017 AN ORDINANCE AUTHORIZING THE
EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE
VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON,
OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY (O#S 48/2016,
59/201 AN ORDINANCE 6, 86/2016, 101/2016, 121/2016, 136/2016 & 252/2016;
TRAFFIC CODE SEC’S 501.04, 505.071, 52901 & 529.03)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16.
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MINUTES OF THE MEETING FEBRUARY 13, 2017
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks under
this Ordinance? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#16 ADOPTED AS ORDINANCE NO. 31/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance 16 is adopted. Ordinance 17, please
#17. (3RD RDG) ADOPTED AS ORDINANCE NO. 32/2017 A RESOLUTION AUTHORIZING THE
LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS
AND PUBLIC INSTITUTIONS COPIES OF THE 2016 SUPPLEMENT TO THE
CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME;
AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT SCHULMAN: Leader.
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 under this
Ordinance? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#17 ADOPTED AS ORDINANCE NO. 32/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance #17 is adopted. Ordinance 18, please.
#18. (3RD RDG) ADOPTED AS ORDINANCE NO. 33/2017 AN ORDINANCE APPROVING AND
ACCEPTING THE REPLATTING AND RENUMBERING OF PART OF LOTS 6538
AND 2460; AND DECLARING THE SAME TO BE AN EMERGENCY (HABITAT
FOR HUMANITY, 1012 4TH ST SW, WARD 4)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #18. Any remarks under
COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -90-
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this Ordinance? Hearing none...
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#18 ADOPTED AS ORDINANCE NO. 33/2017
PRESIDENT SCHULMAN: Thank you. Ordinance 18 is adopted. Ordinance 19, please.
#19. (3RD RDG) ADOPTED AS ORDINANCE NO. 34/2017 AN ORDINANCE APPROVING AND
ACCEPTING THE REPLATTING OF LOTS 22429 AND 22430; AND DECLARING
THE SAME TO BE AN EMERGENCY (HABITAT FOR HUMANITY, 2222 8TH ST
NE, WARD 4)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks?
Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#19 ADOPTED AS ORDINANCE NO. 34/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance 19 is adopted. Ordinance 20, please.
#20. (3RD RDG) ADOPTED AS ORDINANCE NO. 35/2017 AN ORDINANCE AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH CTI ENGINEERS, INC. FOR THE
13TH STREET NW LIFT STATION ELECTRICAL PANEL REPLACEMENT, GP
1254; AMENDING APPROPRIATION ORDINANCE NO. 257/2016; AND
DECLARING THE SAME TO BE AN EMERGENCY ($19,189.00 SUPP APPROP FR
UNAPPROP BAL OF 5410 SANITARY SEWER FUND TO 5410 206319 13TH ST NW
LIFT STATION ELECTRICAL PANEL REPLACEMENT, GP 1254 - OTHER)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks?
Hearing none...
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NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#20 ADOPTED AS ORDINANCE NO. 35/2017
PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 20 is adopted. Ordinance 21, please.
#21. (3RD RDG) ADOPTED AS ORDINANCE NO. 36/2017 AN ORDINANCE DECLARING:
VARIOUS PARCELS OF CITY- OWNED PROPERTY TO BE VACATED AND THE
INTENT OF CANTON TO SELL SAID PROPERTIES; AUTHORIZING THE
MAYOR, DIRECTOR OF PUBLIC SERVICE, OR THEIR DESIGNEE TO GIVE
NOTICE OF THE INTENTION TO SELL SAID PROPERTIES; AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO PROFESSIONAL
SERVICE CONTRACTS WITH ONE OR MORE PROFESSIONAL AUCTIONEERS
NECESSARY TO EXECUTE THE SALE OF SAID PROPERTIES; AND
DECLARING THE SAME TO BE AN EMERGENCY (UNUSED PARK PROP, 200
ECONOMY ST NE, 252 LAWN AVE SW, 1030 LAWN AVE SW, 740 MARION AVE
SW, WAYNESBURG DR SE)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks?
Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#21 ADOPTED AS ORDINANCE NO. 36/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance 21 is adopted. Ordinance 22, please.
#22. (3RD RDG) ADOPTED AS ORDINANCE NO. 37/2017 AN ORDINANCE AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS,
AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1)
CATERPILLAR 926M WHEEL LOADER AND ONE (1) CARGO VAN; OR TO
ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY
COOPERATIVE PURCHASING PROGRAM OR PROCUREMENT PROCEDURE
AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY
(WATER DEPT)
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22.
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MINUTES OF THE MEETING FEBRUARY 13, 2017
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 22. Any remarks?
Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#22 ADOPTED AS ORDINANCE NO. 37/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance 22 is adopted. Ordinance 23, please.
#23. (3RD RDG) ADOPTED AS ORDINANCE NO. 38/2017 AN ORDINANCE AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT
WITH TASOS ELECTRIC COMPANY, INC. FOR A STORM SEWER CONNECTION
AND PRIVATE DRAINAGE EASEMENT; AND DECLARING THE SAME TO BE
AN EMERGENCY
PRESIDENT SCHULMAN: Leader.
MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23.
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks?
Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#23 ADOPTED AS ORDINANCE NO. 38/2017
PRESIDENT SCHULMAN: Motion carries. Ordinance 23 is adopted. Good job.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: We now turn to Announcement of Committees Meetings.
MEMBER MARIOL: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER MARIOL: Finance will meet February 27th at 6:00 p.m. We will be going over the budget and
seeing a final presentation for end of year 2016, going into 2017.
PRESIDENT SCHULMAN: And what is that again?
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MINUTES OF THE MEETING FEBRUARY 13, 2017
MEMBER MARIOL: February 27th, 6:00 p.m., here in Council Chambers.
PRESIDENT SCHULMAN: Thank you. Anyone else?
CLERK DOUGHERTY: Judiciary.
PRESIDENT SCHULMAN: Judiciary.
MEMBER MACK: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER MACK: Judiciary will meet at the same time and the same place.
PRESIDENT SCHULMAN: Thank you. Anyone else?
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? Law Director
LAW DIRECTOR MARTUCCIO: Thank you, Mr. President. I wanted to pass along an observation to our city
administration and Council Members and members in the audience. It seemed to be the consensus this past
week, of some of our city prosecutors and safety forces, that they were grateful that the people who chose to
assembly on the Stark County Courthouse square last Sunday, peacefully and politely chose to exercise their
First Amendment rights to free speech and free assembly. It’s a credit to their civility that it...it was done so
well. Thank you.
PRESIDENT SCHULMAN: Thank you, Law Director. Anyone else? Following up with the Law Director,
this is the kind of thing we have to do. Noone is gonna listen to us, squeaky wheel gets the grease. So, we
have to start doing a lot more protesting and it’s got to come from the people, which is no question. We...we
can do all that we can do, but if the people don’t rise up and start demanding that we be treated fairly, it’s never
going to happen. Anything else? Leader.
MEMBER MORRIS: Law Director. The legislation...okay...we...we passed an Informal Resolution that pretty
much the State is preparing to pass their budget, which in their budget, they’re going to mandate that we send
our income tax receipts to them, correct? Was I understanding that...?
DEPUTY TREASURER MICHAEL MCENANEY: Mr. President, Member Morris. No, actually the State
will be collecting our receipts. They’ll be demanding the returns from the taxpayers, collecting the receipts,
and then sending them back to us.
MEMBER MORRIS: Okay. Well then I’m going to chime in on what the President says. People in hell want
ice water. Don’t send them the money. Let the State sue us. Uh, one way to make the wheel squeak is to show
some form of protest. So, if we refuse, per se, to go along with this Governor’s plan, uh, being rebellious has
always seemed to work for me, to get what I want, so I’m just kinda throwing that out there, and uh, we’ll go
with that. Anybody else, anything?
PRESIDENT SCHULMAN: Why don’t this...you know...I’m gonna follow up. I don’t disagree with what
you’re saying, but enough is enough.
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MINUTES OF THE MEETING FEBRUARY 13, 2017
MEMBER MORRIS: Right.
PRESIDENT SCHULMAN: You know, we’ve been taking this for as long as I’ve been a Member of Council.
That’s ten years. I know...I’m sure we look...that the...that the Elders, as we call them, who are actually
younger than I am, but, I mean, this has been going on for year after year, after year. Well, I mean, at some
point you have to stand up and say enough is enough. And you’ve gotta bring these people down here in this
Chamber, and have them explain why we are not being given any money. And they expect us to do all this.
They’re putting it all on the Mayor and his administration and he’s juggling and they’re doing everything they
possibly can. They’re working like dogs to try to balance this budget that should be balanced in the first place.
We shouldn’t have to worry about this. It’s an outrage. And I don’t know about you but I’m sick of it. Sick of
dealing with these people. They are mean spirited and all they care about is money. They don’t give a rat’s ass
about this city or the people here.
MEMBER MORRIS: No, they don’t.
PRESIDENT SCHULMAN: And I’m tired of it, so...in any case. Um, I have to say this. (Laughter). We’re
now going to start saying a little remark at the end of Council, and this is our first remark. Wisdom is the
power that enables us to use knowledge for the benefit of ourselves and others. And that was said by Thomas
Watson, who just happened to be the Chairman of the Board of AT...IBM, at the time, or still I mean, actually,
and he was a brilliant business person and I’m sure if he was here tonight he’d say exactly the same thing. You
can’t do anything without money.
MEMBER MORRIS: I move we adjourn. (Laughter).
MEMBER SMITH: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas.
PRESIDENT SCHULMAN: Thank you. Meeting’s adjourned everybody. Safe travels home. (Gavel falls)
ADJOURNMENT TIME: 8:20 P.M.
ATTEST: APPROVED:
DAVID R. DOUGHERTY ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM FEBRUARY 13, 2017
ROLL CALL: All Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: Robert Fisher, W ard 5 Council Mem ber
PLEDGE OF ALLEGIANCE: President Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#5, O#7 & O#8; 2 nd Rdg O#9 - O#13; O#5,
O#7 & #8 Adopted on 1 st Reading)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Henry Preston spoke about the paving of the roads in the city. He specifically
m entioned the project at 30 th Street and Harvard. He stated that they did a good job on 37 th Street because at the cross
streets they cam e up 12 to 20 feet, but on 30 th Street and Harvard, they did nothing like that at all. He com pared Harvard to a
ball park with grass. Everyone drives over it when it’s wet, and it gets rutted and uneven, then when it freezes you’ve got a
rutted field. W hen a street like this is paved, you m ust go down far enough so the surface has som ething to adhere here.
They just went over the ruts on Harvard, and now it’s falling apart again. He asked Mem ber Morris to contact Street
Superintendent Rorar to take a look at it, and find out why that happened.
INFORM AL RESOLUTIONS:
14. COUNCIL-AS-A-W HOLE: OPPOSING OHIO GOVERNOR’S PROPOSED 2017-2018 BUDGET AS IT
RELATES TO MUNICIPAL INCOME TAX. - ADOPTED
15. COUNCIL MBR FISHER, W ARD 5: HONORARY NAMING OF 13 TH ST SW FROM CLARENDON AVE SW TO
W ERTZ AVE SW AS “J. BABE STEARN W AY SW .” - ADOPTED
16. PERSONNEL COMMITTEE: CONFIRMING MAYOR’S RE-APP’T OF BRIAN SKILES TO CANTON
RECREATION BOARD FROM 1/1/17 TO 12/31/21. - ADOPTED
COM M UNICATIONS:
58. AGENT FOR PETITIONER SLIMAN: ANNEXATION PETITION DOCS FILED W ITH STARK COUNTY
COMMISSIONERS ON 2/9/17 IN HOF VILLAGE #3 ANNEXATION -
RECEIVED & FILED
59. AUDITOR MALLONN: REQ ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTE IN
MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 FOR
OPERATION OF HERCULES REDEVELOPMENT PROJECT I. - FINANCE
COMMITTEE
60. AULTMAN HEALTH FOUNDATION: REQ VACATION OF MOSLEY CT SW FROM NORTH LINE OF LOTS 42638
AND 42640 TO SOUTH LINE OF LOT 10193. - PLANNING COMMISSION
61. ENGINEERING DEPT: LIST OF ADDRESS RANGES FOR PILOT PROPERTY ANNEXATION. -
RECEIVED & FILED
62. ENGINEERING DEPT: LIST OF ADDRESS RANGES FOR TRUMP SCHOOL PROPERTY
ANNEXATION. - RECEIVED & FILED
63. MAYOR BERNABEI: REQ ADOPTION OF GENERAL FUND BUDGET AND APPROPS FOR 2017. -
FINANCE COMMITTEE
64. SAFETY DIRECTOR PERRY: REQ LEGISLATION TO FORMALIZE AMENDMENTS TO EXISTING CPPA
AND FOP CONTRACTS, W ITH 2 YR EXTENSIONS FOR EACH, SUBJECT
TO W AGE & HEALTHCARE ARTICLE REOPENERS. - FINANCE AND
PERSONNEL COMMITTEES
65. TREASURER PEREZ: MTHLY RPT OF PARKING METER REVENUE FOR JANUARY, 2017. -
RECEIVED & FILED
66. TREASURER PEREZ: MTHLY RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX
ACCT FOR JANUARY, 2017. - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AMEND CHAPTER 1352, REGISTRATION AND MAINTENANCE STANDARDS OF VACANT NON-
RESIDENTIAL COMMERCIAL AND INDUSTRIAL PROPERTY
Referred to Judiciary Com m ittee
1 ST RDG 2. AUTHORIZE AUDITOR TO RENAME 2774 BYRNE MEM JUSTICE ASSIST GR 09 TO FUND 2774 2016
COPS HIRING PROG GRANT FUND; EMERGENCY
Referred to Finance Com m ittee
CANTON CITY COUNCIL AGENDA - PAGE 2 - FEBRUARY 13, 2017
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
1 ST RDG 3. AUTHORIZE LAW DIRECTOR TO ENTER INTO SETTLEMENT AGMT W ITH SHOOK CONSTRUCTION
CO.; AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDERS NOS. 3 & 4 TO W RF
PHOSPHOROUS/NITROGEN PROJ - CONTRACT NO. 26; AMEND APPROP O#257/2016; EMERGENCY
($255,651.77 INTRA-FUND TRF FR UNAPPROP BAL OF 5410 SEW ER OPERATING FUND TO
UNAPPROP BAL OF 5442 W RF PHOSPHORUS PROJECT FUND; $637,673.23 SUPP APPROP FR
UNAPPROP BAL OF 5442 W RF PHOSPHORUS PROJECT FUND TO 5442 206054 W RF PHOSPHORUS
PROJECT - OTHER; $255,651.77 SUPP APPROP FR UNAPPROP BAL OF 5442 W RF PHOSPHORUS
PROJECT FUND TO 5442 206055 SHOOK CONSTRUCTION CO. INDEMNIFICATION - OTHER)
Referred to Finance Com m ittee
1 ST RDG 4. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROF SRVS CONTRACT AMENDMENT W ITH CT
CONSULTANTS, INC. IN AMT NOT TO EXCEED $384,000.00; AMEND APPROP O#257/2016;
EMERGENCY ( $384,000.00 SUPP APPROP FR UNAPPROP BAL OF 5442 W RF PHOSPHORUS
PROJECT FUND TO 5442 206054 W RF PHOSPHORUS PROJECT (CONSTRUCTION) - OTHER)
Referred to Finance Com m ittee
(COUNCIL RECESSED AT 7:52 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE
COMMITTEES TO DISCUSS ORDINANCE #5; RECONVENED AT 7:56 PM)
26/2017 5. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD, AND ENTER INTO
CONSTRUCTION CONTRACT; PROF SRVS CONTRACT; CONTRACTS W ITH OHIO POW ER CO. (AKA
AEP), TIME W ARNER CABLE/CHARTER (NKA SPECTRUM), AT&T, AND/OR ANY OTHER
ASSOCIATED ENTITIES FOR UTILITY W ORK; AND ENTER INTO AGMT(S) FOR AND RECEIVE GRANT
AND/OR LOANS FROM VARIOUS FUNDING SOURCES RELATED TO MAHONING RD CORRIDOR
PROJECT, PHASE 2; AMEND APPROP O#257/2016; EMERGENCY ($466,500.00 SUPP APPROP FR
UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJECT, GP 1103 FUND TO 4566 202079
MAHONING RD CORRIDOR PROJECT, GP 1103 - OTHER; $6,900,000.00 SUPP APPROP FR
UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJECT, GP 1103 FUND TO 4566 202079
MAHONING RD CORRIDOR PROJECT, GP 1103 - OTHER; $1,500,000.00 SUPP APPROP FR
UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJECT, GP 1103 FUND TO 4566 202079
MAHONING RD CORRIDOR PROJECT, GP 1103 - OTHER; $500,000.00 SUPP APPROP FR UNAPPROP
BAL OF 5201 W ATER OPERATING FUND TO 5201 202079 MAHONING RD CORRIDOR PROJECT, GP
1103 - OTHER; $250,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEW ER OPERATING FUND
TO 5410 202079 MAHONING RD CORRIDOR PROJECT, GP 1103 - OTHER; $1,357,203.00 SUPP
APPROP FR UNAPPROP BAL OF 4501 CAPITAL FUND* TO 4501 202079 MAHONING RD CORRIDOR
PROJECT, GP 1103 - OTHER, *THE 4501 CAPITAL FUND W ILL BE REIMBURSED THIS AMT BY
SARTA FTA FUNDING; $500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL FUND TO
4501 202079 MAHONING RD CORRIDOR PROJECT, GP 1103 - OTHER; $275,000.00 SUPP APPROP
FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 202079 MAHONING RD CORRIDOR
PROJECT, GP 1103 - OTHER)
Referred to Public Property Capital Im provem ent and Finance Com m ittees
1 ST RDG 6. ADOPT 2017 ANNUAL APPROPRIATIONS FOR CITY OF CANTON; EMERGENCY (BUDGET)
Referred to Finance Com m ittee
(COUNCIL RECESSED AT 7:56 PM FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS ORDINANCES
#7 AND #8; RECONVENED AT 7:58 PM)
27/2017 7. APPROVE AMENDMENTS AND EXTENSIONS TO COLLECTIVE BARGAINING AGMT BETW EEN CITY
OF CANTON AND CANTON POLICE PATROLMAN’S ASSOC; EMERGENCY (CPPA)
Referred to Finance and Personnel Com m ittees
28/2017 8. APPROVE AMENDMENTS AND EXTENSIONS TO COLLECTIVE BARGAINING AGMT BETW EEN CITY
OF CANTON AND FRATERNAL ORDER OF POLICE; EMERGENCY (FOP)
Referred to Finance and Personnel Com m ittees
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#9 - O#13)
2 ND RDG 9. AUTHORIZE AUDITOR TO ENTER INTO 3-YR PROF SERVS AGMT W ITH JULIAN & GRUBE, INC. IN
AMT NOT TO EXCEED $25,400.00 ANNUALLY; EMERGENCY (COVER 2016, 2017, 2018 AUDIT
PERIODS) (FIN)
2 ND RDG 10. AMEND APPROP O#257/2016; EMERGENCY ($27,600.00 INTER-FUND TRF FR 1001 GENERAL FUND
TO 1105 POLICE SETTLEMENT FUND) (BOBBY JO W RIGHT SETTLEMENT) (FIN)
2 ND RDG 11. AUTHORIZE MAYOR OR SERV DIR TO ACCEPT AND ENTER INTO FITZPATRICK-JOINT ECONOMIC
DEVELOPMENT DISTRICT AGMT AREA IN JACKSON TOW NSHIP; EMERGENCY (JEDD) (C&ED)
2 ND RDG 12. AUTHORIZE MAYOR OR SERV DIR, OR DESIGNEE, TO NEGOTIATE AND ENTER INTO AGMT FOR
SALE OR DONATION OF CITY-OW NED PROP FOR PERM ROAD RIGHT-OF-W AY AND TEMP
CONSTRUCTION EASEMENTS AS PART OF MIDDLEBRANCH AND 30 TH ST RECONFIGURATION;
EMERGENCY (PS&T & FIN)
CANTON CITY COUNCIL AGENDA - PAGE 3 - FEBRUARY 13, 2017
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED:
2 ND RDG 13. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROF SERVS CONTRACT W ITH DUBLIN
TECHNOLOGIES, INC FOR UPGRADE OF W ATER DEPT SUPERVISORY CONTROL AND DATA
ACQUISITION SYSTEM AND TO ADVERTISE, RECEIVE BIDS, AW ARD, AND ENTER INTO CONTRACT
FOR PURCH OF COMPUTERS, LAPTOPS, SOFTW ARE LICENSES, AND MISCELLANEOUS
ASSOCIATED ITEMS REQUIRED FOR UPGRADE; ALTERNATIVELY AUTHORIZE FOREGOING PURCH
IN ACCORDANCE W ITH COOP PURCH PROGRAM OR PROCUREMENT PROCEDURE AUTHORIZED
BY LAW ; AMEND APPROP O#257/2016; EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL
OF 5201 W ATER FUND TO 5201 207012 W ATER PUMPING MAINTENANCE - OTHER) (FIN)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
29/2017 14. AMEND APPROP O#257/2016; EMERGENCY ($20,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501
CAPITAL PROJECTS FUND TO 4501 102001 POLICE ADMIN - OTHER) (BULLETPROOF VESTS)
30/2017 15. AMEND APPROP O#257/2016; EMERGENCY ($8,353,850.00 SUPP APPROP FR UNAPPROP BAL OF
4581 12 TH ST BRIDGE REPLACEMENT FUND TO 4581 202091 12 TH ST BRIDGE REPLACEMENT -
OTHER; $273,297.00 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113
202091 12 TH ST BRIDGE REPLACEMENT - OTHER)
31/2017 16. AUTHORIZE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF VARIOUS
COMPONENT CODES OF CODIFIED ORDINANCES OF CANTON, OH; EMERGENCY (O#’S 48/2016,
59/2016, 86/2016, 101/2016, 111/2016, 136/2016 & 252/2016; TRAFFIC CODE SEC’S 501.04, 505.071,
529.01 & 529.03)
32/2017 17. AUTHORIZE LAW DIR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC
INSTITUTIONS COPIES OF 2016 SUPPLEMENT TO CANTON CODIFIED ORDINANCES; TO AFFIX
PRICE FOR SALE OF SAME; EMERGENCY
33/2017 18. APPROVE AND ACCEPT REPLATTING AND RENUMBERING OF PART OF LOTS 6538 AND 2460;
EMERGENCY (HABITAT FOR HUMANITY, 1012 4 TH ST SW , W ARD 4)
34/2017 19. APPROVE AND ACCEPT REPLATTING OF LOTS 22429 AND 22430; EMERGENCY (HABITAT FOR
HUMANITY, 2222 8 TH ST NE, W ARD 4)
35/2017 20. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROF SRVS CONTRACT W ITH CTI ENGINEERS,
INC. FOR 13 TH ST NW LIFT STATION ELECTRICAL PANEL REPLACEMENT, GP 1254; AMEND
APPROP O#257/2016; EMERGENCY ($19,189.00 SUPP APPROP FR UNAPPROP BAL OF 5410
SANITARY SEW ER FUND TO 5410 206319 13 TH ST NW LIFT STATION ELECTRICAL PANEL
REPLACEMENT, GP 1254 - OTHER)
36/2017 21. DECLARE VARIOUS PARCELS OF CITY-OW NED PROPERTY TO BE VACATED AND INTENT TO SELL
SAID PROPERTIES; AUTHORIZE MAYOR, SERV DIR, OR THEIR DESIGNEE TO GIVE NOTICE OF
INTENTION TO SELL SAID PROPERTIES; AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROF
SRV CONTRACTS W ITH ONE OR MORE PROF AUCTIONEERS NECESSARY TO EXECUTE SALE OF
SAID PROPERTIES; EMERGENCY (UNUSED PARK PROP, 200 ECONOMY CT NE, 252 LAW N AVE SW ,
1030 LAW N AV SW , 740 MARION AVE SW , W AYNESBURG DR SE - PARCEL #1380091)
37/2017 22. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO
CONTRACT TO PURCH OF (1) CATERPILLAR 926M W HEEL LOADER AND (1) CARGO VAN; OR TO
ALTERNATIVELY PURCH SAID VEHICLES PURSUANT TO ANY COOP PURCH PROG OR
PROCUREMENT PROCEDURE AUTHORIZED BY LAW ; EMERGENCY (W ATER DEPT)
38/2017 23. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W ITH TASOS ELECTRIC CO, INC. FOR
STORM SEW ER CONNECTION AND PRIVATE DRAINAGE EASEMENT; EMERGENCY
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, February 27, 2017 in Council Caucus Room at 6:00 PM
1) Finance Com m ittee
2) Judiciary Com m ittee
BUDGET PRESENTATION
M ISCELLANEOUS BUSINESS: Law Director Martuccio expressed his gratitude that the assem bly on the Stark County
Courthouse Square last Sunday was a peaceful exercise of their First Am endm ent rights. President Schulm an agreed, and
said that nobody is going to listen to us unless the people do m ore protesting, and dem and to be treated fairly. Mem ber Morris
asked about the legislation wherein the State is m andating that the cities send their incom e tax receipts to them . Deputy
Treasurer McEnaney indicated that the State will be collecting the receipts from the taxpayers and sending them back to the
city. Mem ber Morris suggested not sending them the m oney and let the State sue us. He agrees we need to show som e form
of protest. President Schulm an agreed and said enough is enough. This has gone on for years. He feels the State legislators
need to be brought down to the Cham ber and explain why the city is not being given any m oney. He said it’s an outrage, and
he’s sick of dealing with them because they don’t give a “rat’s ass” about the city or the people. He then recited the quote for
the week, “W isdom is the power that enables us to use knowledge for the benefit of ourselves and others,” said by Thom as
W atson, Chairm an of the Board of IBM at the tim e.
ADJOURNM ENT: 8:20 P.M.
NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 27, 2017 @ 7:30 PM
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