City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -84- MINUTES OF THE MEETING FEBRUARY 12, 2018 MEMBER SMITH: Mr. President, at this time I would like to call up Robert Thompson before we get into our invocation. PRESIDENT SCHULMAN: Yes. Mr. Thompson, thank you, welcome as always. I know this is kind of a sad burden, but we appreciate your being here. Thank you. ROBERT THOMPSON: Good evening. I’m Robert Thompson. Uh, I live at 927 Gibbs Avenue NE here in Canton. I’m a retired member of AFSCME, Ohio Council 8, but I rise today and thank Chris, Majority Leader, for giving me this opportunity. To ask you all to take a moment of silence on the passing of James Bonsky. He was the Secretary/Treasurer of the Hall of Fame ALF-CIO. He was the Financial Secretary for the Northeast Area Labor Federation, and he was a steelworker out of Republic Engineered Steel, Local 1200. He was a long term union member. Always seen him when he was Dan Sciury’s Treasurer, so whenever you seen Dan you sometime would see Jim Bonsky. So I ask you all to take a moment of silence. His funeral is... his wake is tomorrow, at Clement... uh, Gordon on Cleveland Avenue and the funeral is Wednesday. Ask everybody to take a moment of silence. PRESIDENT SCHULMAN: Thank you. Let’s have a moment of silence, please. (Brief pause) Thank you very much, as always. 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: 8 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, GREG HAWK, NATHANIEL CHESTER, ROBERT FISHER, KEVIN HALL & EDMOND MACK) EIGHT COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Eight present, four absent, Mr. President. PRESIDENT SCHULMAN: Thank you. Thank you very much. Leader. EXCUSING MEMBERS MEMBER SMITH: Mr. President, I move we excuse Members Smuckler, Scaglione, Mariol and Morris from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Members Smuckler, Scaglione, Mariol and Morris from this evening’s meeting. Any remarks? Hearing none, roll call please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. PRESIDENT SCHULMAN: Thank you very much. Motion carries. Um, we’re thinking of everyone who is sick. Um, this is going around, it’s not easy, and we appreciate your indulgence in the audience. People are COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -85- MINUTES OF THE MEETING FEBRUARY 12, 2018 trying to get here, but it’s just tough. So with that, the motion carries, and we’re... our invocation tonight is going to be given by my good friend and Council Member, Greg Hawk. If you’ll all stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on February 12, 2018 at 7:00 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 1 Council Member, Greg Hawk. The Pledge of Allegiance was led by President Schulman. PRESIDENT SCHULMAN: Thank you, Mr. Hawk. Appreciate it. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes. Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #7. Ordinance #8 through 11 will be retained in committee. And First Reading Ordinance 3 through 6 will be voted on tonight. CLERK DOUGHERTY: Will not be voted on. MEMBER SMITH: Will not be voted on tonight? My apologies. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: Okay. Uh, you’ve heard that. (Laughter) It’s been moved and seconded. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight... Mr. President, eight yeas. PRESIDENT SCHULMAN: Thank you. The motion carries and those Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Uh, we’re now under Public Hearings and we do have two Public Hearings this evening. CLERK DOUGHERTY: One. PRESIDENT SCHULMAN: One, I’m sorry. One Public Hearing. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; PLANNING COMMISSION RECOMMENDED APPROVAL. (617 MCKINLEY AVE SW, PARCEL #280007, #280082, AND #280083 FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO PR-4 (PLANNED MULTI-FAMILY RESIDENTIAL) (SMHA) COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -86- MINUTES OF THE MEETING FEBRUARY 12, 2018 PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this ordinance change, would you please step forward. Once again, is there anyone in the audience wishing to speak for or against this ordinance change, please step forward. Seeing no one rise, the Ordinance was... been retained... no, this... sorry, this Ordinance has been retained in committee and will not be moving forward tonight. OLD BUSINESS PRESIDENT SCHULMAN: Uh, next is Old Business. We have no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We have New Business, two speakers. And they are right in front of me, sorry. CLERK DOUGHERTY: Here you go. PRESIDENT SCHULMAN: Right, it’s just... Oh, Jim Adams. If you’ll step forward, Mr. Adams, sorry. It’s our Health Commissioner. If you’ll give us your name and your residential address, please. JIM ADAMS: Mr. President, thank you. My name’s Jim Adams. I’m the Health Commissioner for the Canton Health Department. I live at 1250 Longshadow NE in North Canton, Ohio. I’d like to announce tonight, I thought this day would never come, but the Ohio EPA has scheduled a followup information meeting for the residents who have concern about the Republic Steel facility in northeast Canton. Uh, I wanted to announce the date and time of that meeting. The meeting will be on March 7th, 2018 at 6:00 P.M. The location is the William Hunter Head Start Building located at 3015 Mahoning Road NE. Many of you know the Head Start Building out there. Uh, so that meeting will be there. It’ll be run by the Ohio EPA. We will be there in attendance. Uh, we have helped develop an agenda and have shared some concerns for that meeting. Uh, I... I believe Council has... is... if they have not, they will be receiving a copy of that list of concerns to make sure that we cover all those bases. So, I did want to announce that and I’m happy that we’re kinda moving forward with the public meeting that we had promised so long ago. Thank you. PRESIDENT SCHULMAN: Great. Thank you so much. We’re looking forward to that by the way. Thank you. Our next speaker is Lois Jacobson. Ms. Jacobson, as always, welcome. If you’ll give us your name and your residential address, please. LOIS JACOBSON: Lois DiGiacomo Jacobson, 2327 Applegrove Street NW, North Canton, Ohio. March is women’s history month, for which we are seeking your support. Specifically, I’m here to invite you to this event noted on this flyer that you have all received, and to ask for your help in promoting it. American Woman, Our History, Her History... Our History, Her Songs is an eighty minute musical with twenty songs that were composed and sung by women from Ethel Waters to Beyonce. This musical was written by Charita Goshay who tells the stories. She’s accompanied by six singers and five musicians. This is our third production written by Charita. She began her Repository career in 1990 as a nationally syndicated columnist and a nine time winner as the Associated Press Best Columnist in Ohio. This per... musical will be performed March 17th at Umstattd Hall in McKinley High School. There is ticket information at the bottom of the flyer. First of all, you may sub... you may purchase tickets at the Arts in Stark Office at 900 Cleveland Avenue. Eventbright.com is a website. You simply go there, enter the name of the performance, American Woman, Our History, Her Songs, and they will bring you straight through purchasing tickets, taking your Visa number, and your ticket will be at the door for you. Or, that is my information on the bottom line. You may contact me at any time and I can deliver them to your door. Attached to your flyer is a complimentary ticket. It’s important COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -87- MINUTES OF THE MEETING FEBRUARY 12, 2018 for you to know that this is a benefit performance for Coming Together Stark County, a non profit. We are the only organization in the county that is exclusively certified for diversity training. Thank you very much for the opportunity to tell you about all of this. PRESIDENT SCHULMAN: Thank you very much. We really appreciate all of your work. Thank you so much. Have a wonderful week. (Applause) INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions, and we have four this evening. Mr. Clerk. #13. PERSONNEL COMMITTEE: CONFIRM APPT OF PATRICK MCCARTHY TO INVESTMENT BOARD COMMENCING 1/1/18 - 12/31/19. - ADOPTED MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #13. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution #13. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed nay. NO REMARKS RESOLUTION #13 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. The Resolution’s adopted. #14. PERSONNEL COMMITTEE: CONFIRM RE-APPT OF DAWN DEVINE TO INVESTMENT BOARD COMMENCING 1/1/18 - 12/31/19. - ADOPTED MEMBER SMITH: One minute, Mr. President, please. Okay. Is there... MEMBER BABCOCK: That’s Kevin’s. MEMBER SMITH: Kevin. You have the white Lincoln? MEMBER BABCOCK: You sat on your trunk key. UNIDENTIFIED VOICE: (Inaudible) Thank you. MEMBER SMITH: Thank you, Mr. President. PRESIDENT SCHULMAN: It’s not a problem. We’ll hold up... (inaudible). Just wait one second. It’s nice and toasty warm (inaudible). (Pause for several minutes) MEMBER SMITH: Thank you, Mr. President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -88- MINUTES OF THE MEETING FEBRUARY 12, 2018 PRESIDENT SCHULMAN: You are welcome. We ready to go? MEMBER SMITH: Yes. Mr. President, I move we adopt Informal Resolution #14. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 14. Any remarks? Hearing none, all those in favor 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. Leader. I’m sorry. #15. PERSONNEL COMMITTEE: CONFIRM RE-APPT OF KATELYN REINHART TO TAX INCENTIVE REVIEW BOARD COMMENCING 1/1/18 - 12/31/21. - ADOPTED MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 15. Any remarks? Hearing none, roll call vote... I’m sorry, not roll call vote. All those in favor signify by saying aye. Motion... any apposed? NO REMARKS RESOLUTION #15 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Motion carries. Leader. #16. PERSONNEL COMMITTEE: CONFIRM RE-APPT OF INDIA JENKINS TO TAX INCENTIVE REVIEW BOARD COMMENCING 1/1/18 - 12/31/21. - ADOPTED MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #16. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 16. Any remarks? Hearing none, 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. That’s it, I think. CLERK DOUGHERTY: That’s it. We’re under Communications. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -89- MINUTES OF THE MEETING FEBRUARY 12, 2018 COMMUNICATIONS PRESIDENT SCHULMAN: We’re under Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED FEBRUARY 12, 2018. 63. LAW DIRECTOR MARTUCCIO: AUTHORIZE LEG TO PREPARE ORDINANCE TO SETTLE PENDING CLAIM (12TH ST NW BRIDGE REPLACEMENT AND STREETSCAPE PROJ). - FINANCE COMMITTEE 64. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1 C2 PERMIT FR DUEBER D T LLC TO COMMUNITY CONVENIENCE LLC DBA DUEBER DRIVE THRU @ 1037 DUEBER AVE SW. - RECEIVED & FILED 65. LIQUOR CONTROL DIV (OHIO): NOTICE OF HRG ON RENEWAL FOR A&E OF CANTON, LLC DBA WELCOME FOOD AND PIZZA 2. - RECEIVED & FILED 66. LIQUOR CONTROL DIV (OHIO): NOTICE OF HRG ON RENEWAL FOR RUBY MANAGEMENT, LLC DBA RUBY SALOON. - RECEIVED & FILED 67. LIQUOR CONTROL DIV (OHIO): NOTICE OF HRG ON RENEWAL FOR HOOCH’S PUB, LLC. - RECEIVED & FILED 68. MAYOR BERNABEI: REQ AUTHORIZATION FOR APPT OF ANGELINE MOODY TO FAIR HOUSING COMMISSION COMMENCING 2/26/18 - 12/31/18. - PERSONNEL COMMITTEE 69. PLANNING COMMISSION: REQ VACATION OF A PORTION OF AUBURN PLACE NW, A 40 FT WIDE STREET, EAST OF EASTERN RIGHT-OF-WAY OF DAWN CIRCLE TO CLEVELAND AVE NW, WARD 2, (FOXY FEW). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 70. PLANNING COMMISSION: REQ VACATION OF A PORTION OF BARR AVE NW, A 50 FT WIDE STREET FR THE SOUTHERN LINE OF TAX PARCEL 5202741 SOUTHERLY TO THE TERMINUS, WARD 7 (HOF VILLAGE, LLC). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 71. PLANNING COMMISSION: REQ VACATION OF A PORTION OF BLAKE AVE NW, A 50 FT WIDE STREET FR THE SOUTHERN LINE OF TAX PARCEL 5208330 TO THE NORTHERN LINE OF TAX PARCEL 10009053, WARD 7 (HOF VILLAGE, LLC). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 72. SAFETY DIRECTOR PERRY: REQ LEG TO FORMALIZE TENTATIVE AGMT WITH AFSCME LOCAL 2937/OHIO COUNCIL 8 PURSUANT TO WAGE AND HEALTHCARE RE-OPENER NEGOTIATIONS FOR YR 1/1/18 - 12/31/18. - PERSONNEL COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -90- MINUTES OF THE MEETING FEBRUARY 12, 2018 73. SAFETY DIRECTOR PERRY: REQ LEG TO FORMALIZE TENTATIVE AGMT WITH CANTON POLICE PATROLMEN’S ASSOCIATION (CPPA) PURSUANT TO WAGE AND HEALTHCARE RE-OPENER NEGOTIATIONS FOR YR 1/1/18 - 12/31/18. - PERSONNEL COMMITTEE 74. SAFETY DIRECTOR PERRY: REQ LEG TO FORMALIZE TENTATIVE AGMT WITH FRATERNAL ORDER OF POLICE/OHIO LABOR COUNCIL PURSUANT TO WAGE AND HEALTHCARE RE-OPENER NEGOTIATIONS FOR YR 1/1/18 - 12/31/18. - PERSONNEL COMMITTEE 75. SAFETY DIRECTOR PERRY: AUTHORIZE AND DIRECT AUDITOR TO PAY MORAL OBS TO THE ACCUMED GROUP IN AMT NOT TO EXCEED $20,929.21; EMERGENCY. - FINANCE COMMITTEE 76. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACTS NEEDED FOR DESIGN OF RENOVATIONS OF SEARS BLDG; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 77. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS NECESSARY FOR PURCH OF APPROX 16 NETWORK SWITCHES; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACTS NECESSARY FOR PURCH OF ITEMS IN ACCORD WITH ANY PROCUREMENT PROCESS AUTHORIZED BY ORC OR CANTON COD ORD; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACTS FOR INSTALLATION OF SWITCHES AND OTHER NETWORK REPAIRS; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO COOP AGMT WITH STARK COUNTY FOR INSTALLATION OF SWITCHES AND OTHER NETWORK REPAIRS; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; AMEND APPROP O#277/2017 ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 504010 INFORMATION TECHNOLOGY MANAGER - OTHER); EMERGENCY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 78. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONSTRUCTION CONTRACTS FOR GLENWOOD INTERMEDIATE SCHOOL DETENTION BASIN NO. 2 PROJECT - G.P. 1271; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO COOP AGMT WITH PLAIN LOCAL BD OF EDUCATION FOR DESIGN, CONSTRUCTION & LONG TERM MAINT OF BASIN; AMEND APPROP O#277/2017 ($130,000.00 FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 202050 GLENWOOD INTERMEDIATE SCHOOL DETENTION BASIN NO. 2 PROJECT - G.P. 1271 - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANT UPON RECEIPT OF VOUCHERS; EMERGENCY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 79. SERVICE DIRECTOR HIGHMAN: REQ CONSENT LEG WITH OHIO DEPT OF TRANSPORTATION FOR PROJ; EMERGENCY (ODOT STA-77/30-0.00/16.86 SIGN SYSTEM, PID 104986) (TRUMP AVE SE). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -91- MINUTES OF THE MEETING FEBRUARY 12, 2018 80. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 1/31/18. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: And we’re now to Reading... First Reading Ordinances. Leader. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE VACATING A PORTION OF BLAKE AVENUE N.W.; APPROVING AND ACCEPTING THE REPLAT OF OUT LOT 1397 AND THE VACATED PORTION OF BLAKE AVENUE N.W. AND OUT LOT 1397; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRAFFIC SIGNAL UPGRADE AT STA-US 62 AND HARMONT AVENUE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH FRANKLIN INFORMATION SYSTEMS FOR SOFTWARE, TRAINING, AND IMPLEMENTATION FOR THE BUILDING CODE DEPARTMENT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFL-CIO AFSCME LOCAL 2937 AND OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee #5. (1ST RDG) AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON POLICE PATROLMEN’S ASSOCIATION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee #6. (1ST RDG) AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND THE FRATERNAL ORDER OF POLICE/OHIO LABOR COUNCIL; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -92- MINUTES OF THE MEETING FEBRUARY 12, 2018 Referred to Personnel Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Thank you. We’re now under Second Reading Ordinance... or, yeah, Ordinances for their Second Reading. Um... NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCE #7 FOR ITS SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS; ORDINANCES #8, #9, #10 AND #11 RETAINED IN COMMITTEE): #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COMMUNITY REINVESTMENT AREA AGREEMENT WITH JIT PACKAGING CINCINNATI, INC./GOODLAND PROPERTIES CANTON LLC TO PROVIDE REAL PROPERTY TAX EXEMPTIONS FOR 1212 - 7TH ST SW; AND DECLARING THE SAME TO BE AN EMERGENCY #8. 2ND RDG) RETAINED IN COMMITTEE A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE HOF VILLAGE #5 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 #9. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($4,400.00 APPROP TRF FR 2318 301001 LOCAL AIDS PREVENTION FUND - 600 - PERSONNEL TO 2318 301001 LOCAL AIDS PREVENTION FUND - 700 - OTHER) #10. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BLACK, MCCUSKEY, SOUERS AND ARBAUGH LPA FOR LEGAL SERVICES RELATED TO WORKERS’ COMPENSATION CASES; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, EXECUTE A CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES CONTRACT, PURCHASE AND MAKE PAYMENT FOR ANY AND ALL EASEMENTS, AND ENTER INTO AGREEMENT WITH THE OHIO EPA TO RECEIVE A LOAN FOR THE CANTON SOUTH - CLEVELAND AVENUE WATERLINE EXTENSION (REGIONALIZATION); AUTHORIZING THE AUDITOR TO CREATE THE 5235 CANTON SOUTH-CLEVELAND AVENUE WATERLINE EXTENSION PROJECT (REGIONALIZATION) FUND; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -93- MINUTES OF THE MEETING FEBRUARY 12, 2018 THE SAME TO BE AN EMERGENCY ($60,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207048 CANTON SOUTH - CLEVELAND AVE WATERLINE EXTENSION PROJ (REGIONALIZATION) FUND - OTHER) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Third Readings. We’re now under Ordinances and Formal Resolutions for their Third Reading. Mr. Clerk, would you please begin with Ordinance 12. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #12 THROUGH #21 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (3RD RDG) POSTPONED UNTIL 2/26/18 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 (LESH PROPERTIES, PARCELS 380288 & 304826, 3501 & 3533 LESH ST NE) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12. Any remarks? CLERK DOUGHERTY: Members, do we need to postpone? MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: I move we postpone #12 till February the 26th, 2018. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you postpone this Ordinance. Any remarks? All those in favor signify by saying aye. Those opposed no. NO REMARKS #12 POSTPONED UNTIL 2/26/18 UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. I’m sorry, next. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 28/2018 A RESOLUTION APPROVING COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -94- MINUTES OF THE MEETING FEBRUARY 12, 2018 AND ADOPTING THE CITY OF CANTON POLICY AND PROCEDURES FOR CITY PROVIDED CREDIT CARDS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 28/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 29/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($27,617.36 SUPP APPROP FR UNAPPROP BAL OF 2769 BYRNE MEM JUSTICE ASSIT GRANT 2016 FUND TO 2769 100201 POLICE ADMIN - OTHER; $25,226.69 FR UNAPPROP BAL OF 2770 BYRNE MEM JUSTICE ASSIT GRANT 2015 FUND TO 2770 100201 POLICE ADMIN - OTHER; $20,206.17 SUPP APPROP FR UNAPPROP BAL OF 2787 BYRNE MEM JUSTICE ASSIT GRANT 2014 FUND TO 2787 100201 POLICE ADMIN - OTHER) (MOVE MONIES TO CORRECT FUNDS) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 29/2018 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -95- MINUTES OF THE MEETING FEBRUARY 12, 2018 PRESIDENT SCHULMAN: Motion carries. Leader. I’m sorry... #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 30/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 2318 LOCAL AIDS PREVENTION FUND TO 2813 301001 LOCAL AIDS PREVENTION - 700 OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 30/2018 PRESIDENT SCHULMAN: Ordinance 15 is adopted. Ordinance 16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 31/2018 AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO CONTRACT WITH THE BELOW-NAMED CITIES AND VILLAGES TO PROVIDE LEGAL REPRESENTATION IN THE PROSECUTION OF CRIMINAL CASES AND RELATED MATTERS BY THE CITY PROSECUTOR’S OFFICE; AND DECLARING THE SAME TO BE AN EMERGENCY (E. CANTON, E. SPARTA, HARTVILLE, LOUISVILLE, MAGNOLIA, N. CANTON, WAYNESBURG) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -96- MINUTES OF THE MEETING FEBRUARY 12, 2018 CLERK DOUGHERTY: Eight yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 31/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 16 is adopted. Ordinance 17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 32/2018 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 22501 - 22509; AND DECLARING THE SAME TO BE AN EMERGENCY (HABITAT FOR HUMANITY) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 32/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 17 is adopted. Ordinance 18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 33/2018 AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON AND AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR MANAGEMENT AND NON-BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (SANITARY SEWER EPA ADMIN ORDER ON CONSENT) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #18. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -97- MINUTES OF THE MEETING FEBRUARY 12, 2018 NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 33/2018 PRESIDENT SCHULMAN: Thank you. Ordinance carry... Ordinance carries and Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 34/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL & FINANCIAL SERVICES GROUP; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($68,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207001 WATER ADMINISTRATION - OTHER; $60,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 OPERATIONS AND MAINTENANCE - OTHER) (WATER AND SEWER RATE STUDY) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #19. MEMBER BABCOCK: 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 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 34/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 19 is adopted. Ordinance 20, please. #20. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 35/2018 AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO THE VILLAGE OF HARTVILLE; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (GENTLEBROOK VILLAGE & THE WOODLANDS) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #20. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -98- MINUTES OF THE MEETING FEBRUARY 12, 2018 MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 35/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 20 is adopted. Ordinance 21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 36/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH CT CONSULTANTS, INC.; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($76,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207050 FAIRMOUNT AREA WATER MAIN REPLACEMENT PROJ, PHASE II - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #21. MEMBER BABCOCK: 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 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 36/2018 PRESIDENT SCHULMAN: Motion carries. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. MEMBER HALL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER HALL: Finance will meet on the 26th at 6:30. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -99- MINUTES OF THE MEETING FEBRUARY 12, 2018 CLERK DOUGHERTY: No, it’s... UNIDENTIFIED VOICE: 6:00. UNIDENTIFIED VOICE: 6:00. (Laughter) MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: Personnel, same time, same place. MEMBER HAWK: Mr. President, Public Safety & Thoroughfares, same time, same place. PRESIDENT SCHULMAN: Very good. Anyone else? CLERK DOUGHERTY: I need Annexation, please, and PPCI. PRESIDENT SCHULMAN: Annexation? MEMBER SMITH: Mr. President, Public Property Capital Improvement will meet at the same time. Mr. Pres... PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: Annexation, same time, same place. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? MEMBER SMITH: Yes, Mr. President. I would just like to ask the members to keep all of our members in prayer and speedy recovery. For all of those who did not know, Jason Scaglione was in the hospital, and we were able to send him a fruit basket. And we pray that all of them be safe and be well, and we’ll see them at the next meeting. PRESIDENT SCHULMAN: Let’s take a moment of prayer for that because we’re being punished pretty badly. Short, short pause. (Brief pause) Thank you. Any other business? CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: For Black History Month, I have a quote from Harriet Tubman. “I had crossed the line. I was free; but there was no one to welcome me to the land of freedom. I was a stranger in a strange land.” Thank you, Mr. President. PRESIDENT SCHULMAN: Thank you very much. Leader. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -100- MINUTES OF THE MEETING FEBRUARY 12, 2018 MEMBER SMITH: Mr. President, meeting adjourned. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn the meeting. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion is adjourned. Hope everybody feels better. ADJOURNMENT TIME: 7:25 P.M. ATTEST: 2/14/18 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT