City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -145- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. We appreciate you being here tonight, 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: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you very much. We’ve got the full compliments so we’ve got everybody here, ready to go. Tonight’s invocation will be given by my good friend and Ward 5 Council Member, Robert Fisher. If you’ll stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on March 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 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by President Schulman. PRESIDENT SCHULMAN: Thank you. That was a wonderful invocation. We appreciate it. Thank you. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Uh...we’re now under Agenda Corrections and Changes. Leader MEMBER SMITH: Mr. President. I move Rule 22A be suspended to add 2nd Reading Ordinances 8 through 14, and 16 through 22. Ordinance #15 will be held in committee. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: Okay...we’ve got a motion...18 through 14 on this evening’s agenda. Ordinance 15 will be retained in committee. Any other remarks? Hearing none, roll call vote please. (Note: President Schulman should have said 8 through 14...) NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and... MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -146- MINUTES OF THE MEETING MARCH 12, 2018 MEMBER SMITH: ...I just want to do a correction. You had said 18, but it’s 8 through 14. PRESIDENT SCHULMAN: Sorry. Good. Thank you very much, 8 through 14. Any other remarks? Hearing none...that’s done. PUBLIC HEARINGS PRESIDENT SCHULMAN: Uh...we’re now under Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re under New Business. We have no New Business this evening. (Note: President Schulman should have said Old Business). PUBLIC SPEAKS PRESIDENT SCHULMAN: We are now under....uh...Speaks...Public Speaks and we have 1 speaker this evening. Sir, will you come forward, you’re the only one. (Inaudible). George Lancaster. Sorry, Mr. Lancaster, welcome. GEORGE LANCASTER: No, welcome. Thank you. Thank you and I appreciate being here. Um, Mr. President, Mayor, Deputy Mayor and Council. Appreciate the opportunity that I can come here to present something that’s so, so passionate to me, that I think is so dearly to everyone. I don’t know if everybody can hear me. Can you guys hear me okay? Okay, thank you. Um...I...I have a package here that I want to make sure I send around the room so that everyone at least has a copy of this package that I’m going to present to you. Uh, is there a time frame? I see that clock is running. MEMBER SMITH: Three minutes. (Laughs) GEORGE LANCASTER: Okay, (Laughs). Okay, alright, I didn’t know I had a time frame, but anyway...I’ll try to do this as quickly as I can. First of all, I just want to know...I always like to...(Inaudible). That’s fine, yeah, I’m fine. Uh, first of all, I guess, so you guys know, I am George Lancaster. I do work for Canton City Schools and I’m also your Chaplain for the Canton Police Department, so you guys know who I am. Um, and so, first of all, I just want to know that...just to survey the room, um, how many of us is affected by diabetes? Just raise your hand. Just personally. Thank you. How many people do we know...that you know that may not be affected directly but you are affected indirectly, that you know someone with diabetes, raise your hand. Thank you. So, you guys realize, uh, to know that diabetes, uh, is definitely prevalent in our community and I would really have to say that, and I may be going out of line, but I would have to really say that diabetes, or I would say cancer is actually a diversion of diabetes. Actually, diabetes is the only disease that affects the entire limb, every limb of our body. And so, so, obviously diabetes truly do affect us. Um, the reason why I’m here before you today is because we started a Foundation, my family, called Tyler Scott Lancaster Foundation, who was a young man that was affected by diabetes which was actually unknown. And so, um, we currently are, right now, working with the NFL on this Foundation, and we also are in conjunction with...with the Hall of Fame. We are also working with Mercy Medical Center at this particular time and so that you guys are aware that we have Charles Harris from the Miami Dolphins and also Malik Hooker from the Indianapolis Colts. I just want you guys to know what’s going on in the city of Canton and I think it’s very important to know that we’ll be bringing these young men here, into this community, um, here in the next couple weeks. The reason why? Because in March, in March, is actually uh, nutrition month, that a lot of people don’t realize. And also, um, March 27th is actually diabetes alert day. Yes sir? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -147- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: I’m sorry, your time is up. Could you wrap it up, please. I apologize. GEORGE LANCASTER: Okay, the reason why...it’s...absolutely, absolutely. Okay, and so, basically, there is so much here I could...I can give a 3 hour session on this, but I know I...I know I can’t, absolutely. (Laughter). Okay. PRESIDENT SCHULMAN: It’s very important, what you’re saying, we’re hearing you, we’re listening to you, believe me, but your time is up. Thank you very much. Thank you sir. MEMBER MACK: (Inaudible). Don’t think that your message...(Inaudible). PRESIDENT SCHULMAN: Yep, we hear you. Leader. GEORGE LANCASTER: Thank you. PRESIDENT SCHULMAN: Thank you sir. (Inaudible). INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions. We have two this evening. Mr. Clerk, would you please begin....Resolution 21. #21. PERSONNEL COMMITTEE: CONFIRM RE-APPOINTMENT OF BERNADINE SNELL TO BOARD OF HEALTH FOR 5-YR TERM COMMENCING 4/1/18 THRU 3/31/23. - ADOPTED MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #21. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: Thank you. It’s been moved and adopted...moved and seconded to adopt Ordinance, Informal Ordinance, uh, 21. Any remarks? Hearing none, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #21 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Ordinance 21 is adopted. Ordinance 22, please. Leader...no... #22. PERSONNEL COMMITTEE: CONFIRM APPOINTMENT OF ERNIE SCHOTT TO FAIR HOUSING COMMISSION COMMENCING 3/12/18 THRU 12/31/23. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #22. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -148- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 22. Any remarks? Hearing none, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #22 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it, the motion carries. Ordinance 22's adopted. COMMUNICATIONS PRESIDENT SCHULMAN: Now turn to 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 MARCH 12, 2018. 124. DEVELOPMENT DIRECTOR SEWARD: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROFESSIONAL SERVICES CONTRACT WITH MULLIN & LONERGAN ASSOC, INC. IN APPROX AMT OF $21,600.00 FOR PREP OF CITY OF CANTON 2019-2023 CONSOLIDATED PLAN; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 125. FINANCE DIRECTOR CROUSE: REQ $80,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 204010 OTHER BUILDINGS - OTHER FOR $20,000.00 AND TO 1001 753020 LAW - NON OPERATIONAL - OTHER FOR BUDGET SHORTFALLS IN LAW DEPT AND BUILDING MAINTENANCE. - FINANCE COMMITTEE 126. HEALTH COMMISSIONER ADAMS: REQ $810,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND 2314 301001 FAMILY HEALTH - 700 OTHER. - FINANCE COMMITTEE 127. LAW DIRECTOR MARTUCCIO: APPROVE RELOCATION OF DOMINION ENERGY GAS LINE REQUIRED BY RT 62/HARRISBURG RD/30TH ST NE ROADWAY IMPROVEMENT PROJ (STA- 62-24.90, PID 96346) TO BE PLACED PARTIALLY ON LANDS OWNED BY CANTON NEAR WILLIG FIELD AND HARRISBURG RD NE WATER TREATMENT PLANT. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 128. MAJORITY LEADER SMITH: REQ AUTHORIZATION OF APPT OF COREY MINOR SMITH AND KEVIN HALL TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL COMMENCING 3/19/18 THRU COMPLETION OF THEIR COUNCIL TERMS. - PERSONNEL COMMITTEE 129. MAYOR BERNABEI: REQ AUTHORIZATION FOR REAPPT OF VIRGINIA JEFFRIES AND LOVIE HAILEY TO FAIR EMPLOYMENT PRACTICES BOARD COMMENCING RETRO FR 3/1/18 THRU 12/31/19. - PERSONNEL COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -149- MINUTES OF THE MEETING MARCH 12, 2018 130. MAYOR BERNABEI: REQ AUTHORIZATION FOR REAPPT OF AMANDA STEWART TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL FOR 3 YR TERM COMMENCING RETRO FR 1/1/18 THRU 12/31/20. - PERSONNEL COMMITTEE 131. SERVICE DIRECTOR HIGHMAN: WRF 2017 ANNUAL REPORT OF OPERATION. - RECEIVED & FILED 132. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH MCKINLEY EDGEWOOD DEV CO, LLC TO EXTEND WATER MAIN TO THE FOUNTAIN AT EDGEWOOD (PLAIN TWP) AND PROVIDE ALL NECESSARY WATER MAIN MATERIALS FOR SAID EXTENSION; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL AGMTS, INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID. EXTENSION; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their First...First...Second Reading. First, I’m sorry. First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #7 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE 77 GULLIVERS/2414 FAIRCREST ST. SW ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee #2. (1ST RDG) PROVIDING FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $1,900,00.00 TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -150- MINUTES OF THE MEETING MARCH 12, 2018 EMERGENCY (PARCEL #10002545, ALLEN AVE SE) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING CHAPTERS 185, TRANSIENT LODGING TAX AND 759, ROOMING HOUSES, LODGING HOUSES AND RESIDENTIAL SOCIAL SERVICE FACILITIES OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING ANDREW ROTH, AS DIRECTOR OF PURCHASING, TO RECEIVE A SALARY OF $75,000.00 AND TEN (10) DAYS OF VACATION PER YEAR, BEGINNING IN 2018, UNTIL HIS CITY ACCRUED TIME CORRELATES WITH THE APPLICABLE CITY VACATION SCHEDULE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE TREE PLANTING PROJECT, G.P. 1256 - PHASE 2; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #7. (1ST RDG) A FINAL RESOLUTION ADOPTING PLANS, AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO COOPERATE WITH AND REQUEST THE DIRECTOR OF TRANSPORTATION TO PROCEED WITH THE REALIGNING AND RECONFIGURING THE INTERSECTIONS US 62, MIDDLEBRANCH, HARRISBURG AND 30TH STREET, INCLUDING CONSTRUCTION OF A ROUNDABOUT AT HARRISBURG AND 30TH ST, WITHIN THE CITY OF CANTON; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($450,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS OPERATING FUND TO 5201 207022 DISTRIBUTION MAINTENANCE - OTHER) Referred to Environmental & Public Utilities and Finance Committees ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second Reading. Please begin with uh, 7. CLERK DOUGHERTY: Ordinance #8. PRESIDENT SCHULMAN: 8, I’m sorry. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #8 THRU #22 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -151- MINUTES OF THE MEETING MARCH 12, 2018 FOLLOWS: #8. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE 44TH STREET NE 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) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $4,750,000 TO PROVIDE FUNDS TO PAY A PORTION OF THE COSTS OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING OR EQUIPPING AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY #10. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000 FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, RECONSTRUCTING AND IMPROVING CITY BUILDINGS, INCLUDING, WITHOUT LIMITATION, THE REPLACEMENT OF THE CITY HALL ROOF, THE CIVIC CENTER ROOF AND IMPROVEMENTS TO OTHER CITY FACILITIES #11. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,000,000 FOR THE PURPOSE OF PROVIDING FUNDS TO PAY A COURT-APPROVED SETTLEMENT OF A CLAIM AGAINST THE CITY #12. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,050,000, FOR THE PURPOSE OF PAYING THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC HEALTH AND SAFETY THROUGH THE DEMOLITION OF DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $6,373.94 TO HUNTINGTON NATIONAL BANK; AND DECLARING THE SAME TO BE AN EMERGENCY (2017 BANK FEES) #14. (2ND RDG) AN ORDINANCE ADOPTING THE 2018 ANNUAL APPROPRIATIONS FOR THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -152- MINUTES OF THE MEETING MARCH 12, 2018 (GENERAL FUND BUDGET) #15. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AMENDING CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMENDING CHAPTER 1141, R-4 MULTI- FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #16. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF OUTLOTS 1165, 1166 AND 1388; AND DECLARING THE SAME TO BE AN EMERGENCY (2304 - 2320 FAIRCREST ST SW, WARD 4, FOR SHAWNEE DEV AND PILOT TRAVEL CENTERS) #17. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOT 37074 AND PART OF OUT LOTS 545, 850 AND 851; AND DECLARING THE SAME TO BE AN EMERGENCY (3112 CLEVELAND AVE NW, WARD 7, FOR DEVILLE DEV) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER NO. 1 AND FINAL IN AN AMOUNT NOT TO EXCEED $35,857.52 WITH CENTRAL ALLIED ENTERPRISES, INC. FOR THE ROADWAY BASE STABILIZATION PROJECT, G.P. 1265; AUTHORIZING THE AUDITOR TO PAY ANY AND ALL MORAL OBLIGATIONS RELATED TO SAID PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER NO. 1 IN AN AMOUNT NOT TO EXCEED $14,307.00 WITH SCHINDLER ELEVATOR CORPORATION FOR THE CORNERSTONE PARKING DECK ELEVATOR REPAIR; AUTHORIZING THE AUDITOR TO PAY ANY AND ALL MORAL OBLIGATIONS RELATED TO SAID PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #20. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER NO. 5 IN AN AMOUNT NOT TO EXCEED $69,230.00 WITH ARCADIS US, INC. FOR CONSTRUCTION ENGINEERING RELATED TO THE PID 90671 - 12TH STREET NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT - GP 1160; AUTHORIZING THE AUDITOR TO PAY ANY AND ALL MORAL OBLIGATIONS RELATED TO SAID PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #21. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #6 IN AN AMOUNT NOT TO EXCEED $154,549.83 WITH BEAVER EXCAVATING COMPANY FOR THE PID 90671 - 12TH STREET NW BRIDGE REPLACEMENT AND STREETSCAPE PROJECT - GP 1160; AUTHORIZING THE AUDITOR TO PAY ANY AND ALL COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -153- MINUTES OF THE MEETING MARCH 12, 2018 MORAL OBLIGATIONS RELATED TO SAID PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #22. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN EASEMENT AGREEMENT WITH THE EAST OHIO GAS COMPANY D/B/A DOMINION ENERGY OHIO RELATED TO THE PLACEMENT OF A 12" HIGH PRESSURE GAS LINE ACROSS REIFSNYDER PARK; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you. We’re now under uh, Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Mr. Clerk, would you please begin with Ordinance 23. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #23 THROUGH #29 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 51/2018 AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO A SETTLEMENT AGREEMENT WITH ARCADIS U.S., INC.; AND DECLARING THE SAME TO BE AN EMERGENCY (12TH ST BRIDGE REPLACEMENT AND STREETSCAPE PROJ) PRESIDENT SCHULMAN: Madame Clerk. MEMBER SMITH: Mr. President, I move we adopt Ordinance #23. MEMBER BABCOCK: 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. 51/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 23 is adopted. Ordinance 24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 52/2018 AN ORDINANCE VACATING A PORTION OF AUBURN PLACE N.W.; APPROVING AND ACCEPTING THE REPLAT AND RENUMBERING PLAT OF ALL OF LOTS 13165 - 13174, 39834 - 39837 AND THE VACATED PORTION OF AUBURN PLACE N.W.; AND DECLARING THE SAME TO BE AN EMERGENCY (FR EAST RIGHT OF WAY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -154- MINUTES OF THE MEETING MARCH 12, 2018 OF DAWN CIR N.W. TO CLEVELAND AVE NW FOR FOXY FEW LLC, WARD 2) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #24. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 24. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 52/2018 PRESIDENT SCHULMAN: Carries. Ordinance #24 is adopted. Ordinance #25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 53/2018 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY TWO MORAL OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $20,929.21 TO ACCUMED GROUP; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #25. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 25. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 53/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 25 is adopted. Ordinance 26, please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 54/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ANY AND ALL PROFESSIONAL SERVICES CONTRACTS NEEDED FOR THE DESIGN OF THE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -155- MINUTES OF THE MEETING MARCH 12, 2018 RENOVATION OF THE SEARS BUILDING; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #26. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 26. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 54/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 26 is adopted. Ordinance 27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 55/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR THE PURCHASE OF APPROXIMATELY SIXTEEN NETWORK SWITCHES; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; ENTER INTO ANY AND ALL PROFESSIONAL SERVICES CONTRACTS NEEDED FOR THE INSTALLATION OF SAID SWITCHES AND OTHER NETWORK REPAIRS; AND TO ENTER INTO A COOPERATIVE AGREEMENT WITH STARK COUNTY FOR THE INSTALLATION OF SAID SWITCHES AND OTHER NETWORK REPAIRS; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUNDS TO 4501 504010 INFORMATION TECHNOLOGY MANAGER - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 27. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -156- MINUTES OF THE MEETING MARCH 12, 2018 CLERK DOUGHERTY: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 55/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 27 is adopted. Ordinance 28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 56/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE GLENWOOD INTERMEDIATE SCHOOL DETENTION BASIN NO. 2 PROJECT - G.P. 1271 AND TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE PLAIN LOCAL BOARD OF EDUCATION FOR THE DESIGN, CONSTRUCTION, AND LONG-TERM MAINTENANCE OF THE BASIN; AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($130,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 202050 GLENWOOD INTERMEDIATE SCHOOL DETENTION BASIN NO. 2 PROJECT - G.P. 1271 - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #28. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 28. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 56/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 28 is adopted. Ordinance 29, please. #29. (3RD RDG) ADOPTED AS ORDINANCE NO. 57/2018 AN ORDINANCE AUTHORIZING AND CONSENTING TO THE REPLACEMENT OF SIGNS AND SUPPORTS ON US 30 FROM SR 43 TO TRUMP AVENUE WITHIN THE CORPORATE LIMITS OF THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #29. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -157- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 29. 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. #29 ADOPTED AS ORDINANCE NO. 57/2018 PRESIDENT SCHULMAN: Carries, uh...Ordinance 29 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MARIOL: Annexation will meet March 19, um...and if it’s okay with everybody, and I don’t know if maybe Leader Smith, you might have already set this, but could we allot maybe 20 minutes for Mr. Lancaster to give a presentation? MEMBER SMITH: Uh, no. I was going to ask if Mr. Lancaster could come up in Miscellaneous and finish what he was doing tonight, if it’s okay, Mr. President. He’s going to finish tonight. Thank you. MEMBER MARIOL: Then we’ll do, uh, 6:30. MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: Personnel, same time, same place. CLERK DOUGHERTY: Do you want to do earlier than that, Member... MEMBER MARIOL: Yeah, let’s do 6:00. CLERK DOUGHERTY: Thank you. (Inaudible). (Laughter). MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER FISHER: Environmental and Public Utilities, sign...same time, same place. PRESIDENT SCHULMAN: Thank you. Anyone else? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -158- MINUTES OF THE MEETING MARCH 12, 2018 MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: Finance, 6 p.m., same place. PRESIDENT SCHULMAN: Thank you, Member Morris. MEMBER MACK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MACK: Judiciary, same time, same place. Thank you. PRESIDENT SCHULMAN: Thank you, Member Mack. MEMBER MINOR SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MINOR SMITH: Community &Economic Development at 6 p.m. PRESIDENT SCHULMAN: Thank you. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We turn to Miscellaneous Business. MEMBER SMITH: Yes, Mr. President. I would like to make a motion to waive 15B and 15H, in order for Mr. Lancaster...could finish his presentation, please. PRESIDENT SCHULMAN: It’s been so moved. Any remarks? Hearing none. All those in favor signify by saying aye. Those opposed no. NO REMARKS MOTION PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Sir, you’re more than welcome. And I want you to know we were not trying to be rude. I hope you realize that. We’re just under strict guidelines. So, welcome. GEORGE LANCASTER: We’re all saved by grace, so thank you. I appreciate it. Thank you, Council, for allowing me to take some time. I do my best to make sure I get out of your way as soon as I can. Uh, but anyways I just wanted to make sure that you guys were aware that what was happening here in the city of Canton. Uh, and I wanted to make sure that everyone was...was aware. I’m sure you have some time to go ahead and take a look at the package that we have...we have presented to you. So, you guys know that we are in conjunction and working with the American Diabetes Association. Also with Mercy Medical Hospital. Um, and we are currently now working with the Hall of Fame...uh...to make sure that we try to spread the...uh, the awareness. The entire goal for our Foundation is to make sure that we educate and create awareness about dia...diabetes. Um, one thing’s that so much important is that knowing that there’s 193 thousand people who COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -159- MINUTES OF THE MEETING MARCH 12, 2018 are under the age of 20 years old, is actually affected by this disease. And, not only that, there is almost 29 million Americans that’s actually affected and really, the...really, the hardest part here is that only 1 in 4 people actually realize and know that they have this disease. And it’s so important for us to make sure that we become a voice and an advocate so that we can do our best to make sure that we try to obscure these numbers that...that definitely will affect our children. And so, because actually, they say typically somewhere around about 49% will be increased in the next 20 years. And so, it is very important for us to make sure, and the reason why we are so passionate about this is because my nephew, Tyler Scott Lancaster, had passed away with unknown, that he actually had this disease. And the reason why Charles Harris and actually, Malik Hooker, which you guys probably know, they heard about Tyler...Tyler’s death and so they got involved and they said, “What can we do to try to help”? And they’re actually collaborating more NFL players, to try to come on board to try to see what we can do, to try to uh...try to affect these numbers. And so, why I’m here tonight? I’m just here tonight just so that I can stand on the...on...on our vision and our purpose and that’s just to educate and create awareness. So, I’m here today just letting...letting you guys know um, that, that, that we would love to have your support. We would love to have you come behind this venture. And one of the things that I actually talked to um, Cindy Hickey, and also Nicole Selinsky, at the Mercy Medical Center, is that, you know, we were talking about, you know, let’s get a diabetes clinic here in the city of Canton. And, and so we were talking about you know, what greater place that we could have that, really...to affect our community, is actually the Southeast Community Center. Uh, because, you know, we have been working there. As you guys can see, within that package, we will be having uh, uh, Malik and Charles come on the 23rd and on the 24th. The 24th, we will be having our, our Diabetes Awareness Dinner, on the 24th, which is free. That will be a dinner, free to all diabetic patients. We are calling all diabetic patients to come so that we an honor them. So that we can support them, that we can encourage them and let them know that we are behind them. And I think that it’s very, very important for us to be able to give back and to support those. Again, I truly believe that a lot of people don’t even realize when Diabetes Awareness Month. Okay, we all know when Cancer Month, that’s actually in the month of October, but in November is actually Diabetes Awareness Month. And so, what we want to do is truly educate and so I’m just asking for the city of Canton, and again to truly try to get behind this venture. Uh, if you want more information, we do have our web page on there and so, we’re very excited about this. Charles and Malik...I gave you the entire itinerary of where we’re going to be going and what we’re going to be doing. We’re going to be visiting several high schools to make sure that we can create that awareness to our students and also give back to the community. And so, at this time, that’s all I have. I just want to make sure that I do share that with you and then if you guys have any questions...I don’t know if this is the time to be able to address, but if not, then I’ll stay afterwards and we can talk and uh, I’ll stay here til 12:00 if that’s what it takes, but again, thank you so very much for this opportunity. Appreciate it. (Applause). MEMBER SMUCKLER: Mr....Mr...Mr. President. I just wanted to say something. George. Uh, diabetes acts different ways for different people. Last year I had to get quadruple bi-pass surgery and most people think it’s because I had a heart attack or what I ate. It was because of my sugar diabetes. And I now wear a pump and um, so I don’t have to go through this again. The problem is, and I think this is why we need to get to, it’s for everything I did for the first 40 years of my life. And if you, you know, at first it was...everybody was going label crazy but there’s a reason for this. It’s not just the sugar on the back of these packages that are killing out kids, it’s the carbs that are on the back of these packages that are killing our kids. And it’s very easy that, maybe the first 10, 15, 20 years of your life, you don’t have this problem, but by time I hit 40, I well had this problem. And I thought I was in the clear because it didn’t affect my eyesight, it didn’t affect my feet, didn’t affect my kidneys. What I didn’t realize was, it was doing a real number on my heart. And that’s the hidden killer of all this stuff. I’d like you to grab my card back there, if you would, and I’d like to help you as much as I can, with this, for the 23rd and the 24th, and I think the rest of you...this is a real hidden disease in our community because of just what we eat. Thank you Mr. Chairman. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -160- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: Thank you very much. Very much. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes, MEMBER MORRIS: Mr. Lancaster, unlike Bill, who attributes the first 40 years of bad eating...Juvenile Diabetes hit my family at a very young age with my daughter, right after she entered into her sophomore year at McKinley High School. She got pretty ill. We had no idea what it was. And it just happened to be Juvenile Diabetes, and it is life altering for a young person to have to go through that. Former Councilman, Mark Butterworth, not only had one, but both of his children were diagnosed with Juvenile Diabetes. Changes an entire family. Uh, the thought of not knowing, and to lose a loved one is heart wrenching. I could not imagine going through what your family has gone through. You have my deepest sympathy. Anything that you need from myself and I’m sure, as Bill said, most of us, we would be more than willing to get actively involved and help provide you with some of the resources you may need to be successful. GEORGE LANCASTER: Thank you. MEMBER MORRIS: Thank you. GEORGE LANCASTER: If you guys don’t mind, I just want you guys to know that uh, we have, we are starting a...a...two programs in the summer. One will be a Diabetes Institute for Junior and Seniors in high school. We are in conjunction with Muskingum University and we are going to be working with those students. And we also, and I’m proud to say, that we actually created a Diabetes Kids Camp, and that will be starting on June the 20th through the 29th, and that’s gonna be scheduled at the Southeast Community Center. And so, that we can educate our students and our young people about this disease. Again, thank you guys so very much. And I really do appreciate all of your support on this. Thank you. PRESIDENT SCHULMAN: Thank you sir. MEMBER SMITH: Thank you. (Applause). MEMBER MINOR SMITH: Mr. President. PRESIDENT SCHULMAN: And on a political side, um, we’d better be very careful about where money is being spent, because it seems to me that we’re looking at taking a lot of money away from children and young people who are gonna be needing it, unfortunately, and giving it to people that don’t need it, clearly. Uh, anyone else? MEMBER MINOR SMITH: Yes, Mr. President. Thank you very much for allowing Mr. uh...Lancaster to speak. Majority Leader, thank you for letting him speak. I would also just like to provide information regards to property in the city of Canton, and offer to work with uh, Member Hawk, or any other property Member that would like to send out notices to property owners. But, any and all property around 631 or 635 Alan Page Drive is owned and operated by Canton Somerset LP, not SMHA. And there are multiple, multi-family developments throughout the city of Canton, that are subsidized housing that are not owned by SMHA. So, if anyone likes more information or specifics on who the owners are or if there are issues or problems, I would like to help, um, address those. Thank you. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -161- MINUTES OF THE MEETING MARCH 12, 2018 PRESIDENT SCHULMAN: Thank you very much. Anyone else? My friend. CLERK DOUGHERTY: Thank you Mr. President. I’m going to lighten this up a little bit. We have St. Patrick’s Day coming, and being Irish... an Irish proverb is uh...”A light heart lives long, and remember, as you ramble through life, whatever be your goal; keep your eye upon the doughnut, and not upon the hole.” - Irish Proverbs. Thank you. PRESIDENT SCHULMAN: Thank you very much. Leader. MEMBER SMITH: Uh, just for some clarity, did you say, “Keep your eye on”... what? CLERK DOUGHERTY: The doughnut. MEMBER SMITH: The doughnut? CLERK DOUGHERTY: Yes, and not upon the hole. (Laughter). MEMBER SMITH: Okay. Oh, that’s a...I’m sorry. This is for the Irishmen. (Laughter). (Inaudible). Thank you so much for that, Mr. Clerk. (Inaudible). We really...yes...(Inaudible). I move we adjourn on that one. MEMBER BABCOCK: 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, Mr. President. PRESIDENT SCHULMAN: Thank you very much. Motion carries. We are adjournment. Congratulations everyone and have a wonderful week. ADJOURNMENT TIME: 7:43 PM ATTEST: March 14, 2018 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT