City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -181- MINUTES OF THE MEETING MARCH 26, 2018 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to uh, Canton City Council. Nice to see all of you here, and with a roll call...with a uh, quorum being present, we call this meeting of Canton City Council to order. Roll call vote please. ROLL CALL TAKEN BY CLERK DOUGHERTY: 8 COUNCIL MEMBERS PRESENT: (JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, JASON SCAGLIONE, KEVIN HALL, JOHN MARIOL & FRANK MORRIS) EIGHT COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Eight present, four absent, Mr. President. (MEMBERS SMITH, CHESTER, FISHER & MACK ABSENT) EXCUSING MEMBERS PRESIDENT SCHULMAN: Okay, we’ve lost four...um...people tonight so, um...Leader. MEMBER BABCOCK: Mr. President, I move we excuse Member Smith, Member Chester, Member Fisher and Member Mack from tonight’s meeting. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you uh...excuse Members Smith, Chester, Fisher and Mack from this evening’s meeting. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motions carries and those Members are excused from this evening’s meeting. Um, our invocation, tonight, is going to be given by my good friend, John Mariol. If you’ll stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on March 26, 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 7 Council Member, John Mariol. The Pledge of Allegiance was led by President Schulman. PRESIDENT SCHULMAN: Thank you, Member Mariol, for those words. We appreciate it. Hope people are listening. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenda Corrections and Changes. Leader. MEMBER BABCOCK: Mr. President, I move Rule 22A be suspended to add 2nd Reading on Ordinances #5 through 9. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -182- MINUTES OF THE MEETING MARCH 26, 2018 MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances uh, 2 through...oh, I’m sorry, 5 through 9 to this evening’s Ordinances...er...excuse me, Agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and Ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning now to Public Hearings. We have no Public Hearings tonight. OLD BUSINESS PRESIDENT SCHULMAN: Turning to Old Business. We have no Old Business tonight. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We do have three speakers tonight and...right here...the first speaker is my friend...uh...Pete DiGiacomo. Mr. DiGiacomo, good evening, welcome. If you’ll give us your name though and your residential address, please. PETE DIGIACOMO: Short and sweet. Pete DiGiacomo, 600 Dent Pl. SW, Canton, Ohio. Uh...I know you’re not gonna vote on it tonight, I think you should put a lot of really good thought in on that, uh, particular ordinance and vote no because you don’t know exactly what you’re getting. I know there’s if, ands, or buts, and uh, right now you have a prob....you can’t even get...we can’t even get paid for the...cut...grass that we cut. And that’s pretty simple and straightforward. This is a whole lot different. Uh, vacant homes, from out of town people that own ‘em, don’t do nothing with them, the said they’re tear them down, they’re still standing. That’s pretty simple, straightforward. You can’t get nothing...it seems like, on that. Even though we do try, and we do a good job. But, uh, this other one here, about the...the uh, renting of houses to whoever, and I know they’re gonna be checked out, but there’s still a...there’s still a couple flaws and a couple little cracks, and all you gotta do is let one of those happen and you’re gonna have a some bad publicity on your hands, especially for Hall of Fame Week or for the Firestone Opening. Thank you. PRESIDENT SCHULMAN: Thank you very much. (Applause). Our next speaker is Jonathan Lalewicz. I hope I pronounced your name sir... JONATHAN LALEWICZ: That was pretty close, yeah. PRESIDENT SCHULMAN: May I...what is your name? JONATHAN LALEWICZ: It’s uh...my name is Jonathan Lalewicz. PRESIDENT SCHULMAN: Thank you very much. Welcome. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -183- MINUTES OF THE MEETING MARCH 26, 2018 JONATHAN LALEWICZ: Thanks. PRESIDENT SCHULMAN: If you’ll give us your name and your residential address, please. JONATHAN LALEWICZ: Sure. My name is Jonathan Lalewicz. I live at 327 30th St. NW. I’m here speaking about the Air B&B issue. Um, I’d say one of the biggest concerns in all the Canton neighborhoods are rental houses and it’s something that the city has struggled to get a control over as it is. So, with Air B&B, we’re looking at adding another avenue to introduce rental houses into neighborhoods. It’s something that a lot of the residents of Market Heights are concerned about, as we have uh...we have struggled for...not struggled, but we have successfully maintained our residential neighborhood, uh, because of the effort of the neighbors and rentals are something perhaps looked down upon, but uh, it’s something that neighbors are worried about. Um, also, with the Air B&B issues, it’s something just uh...this March in Cleveland, the Councilman has proposed putting a moratorium on new Air B&B houses because they found that the mechanism they have for enforcement doesn’t exist. So, they have all these Air B&B houses and Cleveland laid out a plan for regulating them, but they found that actually enforcing the regulations has proven...how do you enforce them? It’s complaint driven as it is right now, but that has not...uh...not worked out very well for them. So, I’d just like you to strongly consider...uh...the Air B&B issue and all the effects it’ll have on the Canton neighborhoods. I realize it’s 2018 and people may wish to rent out their house, but...uh...there’s lots of pros and cons and I just hope that this Council will strongly consider the neighborhoods and the effect that it’ll have on your constituents. Thank you. PRESIDENT SCHULMAN: Thank you. Before you leave sir, if I...I...might, we really appreciate you being here, and I don’t think you knew that we were going to continue this meeting...uh...for April 9th. JONATHAN LALEWICZ: Yes. PRESIDENT SCHULMAN: Wanted to make sure you knew that. JONATHAN LALEWICZ: ...Which is also the Neighborhoods to City Council Night...so... PRESIDENT SCHULMAN: Pardon? JONATHAN LALEWICZ: That’s also the Neighborhood to City Council Night. PRESIDENT SCHULMAN: You’ll be here? JONATHAN LALEWICZ: Uh, yes. PRESIDENT SCHULMAN: Alright, good. (Laughter). We just...wanted to make sure that you’re going to be here. Thank you very much, sir. Thank you. Um, our next speaker is Andrew Reo. Mr. Reo, welcome to Canton City Council. If you’ll come up and give us your name and your residential address please. ANDREW REO: Hey, thank you. I’m Andrew Reo. I live at 403 32nd St. NW, and I’m here to voice my concerns with Air B&B in the residential neighborhoods. Um, we have one on our street and it’s as if we have a hotel on the street with new renters every night, every weekend, and I think Council needs to consider, uh, current zoning laws. They’re not suggestions, they are laws, and I think the Air B&B’s are commercial, and COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -184- MINUTES OF THE MEETING MARCH 26, 2018 they should be moved out of the R-1 neighborhoods. PRESIDENT SCHULMAN: Thank you very much, sir. And you understand we’ll be back discussing this with full...with full compliment of members. ANDREW REO: Yes sir, I do. Thank you. PRESIDENT SCHULMAN: Thank you very much, sir. Have a wonderful weekend...er week. Um, okay, that concludes Public Speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have three...two...sorry. #28. PERSONNEL COMMITTEE: CONFIRM APPT OF JOHN MARIOL TO SYSTEMS PLANNING BOARD COMMENCING 3/26/18 THRU COMPLETION OF HIS COUNCIL TERM. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I...I move we adopt Informal Resolution #28. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 28...I don’t know...um... MEMBER SMUCKLER: Are you looking to roll call vote, or what? PRESIDENT SCHULMAN: Well, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #28 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: Thank you very much. We’re skipping 29...29 and 30. CLERK DOUGHERTY: Yep. Mr. President, Informal Resolutions 29 and 30 are held in Committee. PRESIDENT SCHULMAN: Thank you. 29. RETAINED IN COMMITTEE PERSONNEL COMMITTEE: CONFIRM APPT OF HENRY RENFRO TO FAIR HOUSING COMMISSION COMMENCING 3/26/18 THRU 12/31/20. - ADOPT 30. RETAINED IN COMMITTEE PERSONNEL COMMITTEE: CONFIRM REAPPT OF JAMES REINHARD TO STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) BOARD COMMENCING 4/1/18 THRU 3/31/21. - ADOPT #31. PERSONNEL COMMITTEE: CONFIRM RE-APPT OF CHET WARREN TO STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) BOARD COMMENCING 4/1/18 THRU 3/31/21. - COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -185- MINUTES OF THE MEETING MARCH 26, 2018 ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Informal Resolution #31. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 31. Any remarks? Hearing none, by roll call vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #31 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries and it’s adopted. COMMUNICATIONS PRESIDENT SCHULMAN: Uh, we’re now under... CLERK DOUGHERTY: Communications. PRESIDENT SCHULMAN: Communications. Where am I here? All Communications are received as read...and...pardon... CLERK DOUGHERTY: Next page. PRESIDENT SCHULMAN: Thank you. 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 26, 2018. 148. LAW DIRECTOR MARTUCCIO: AMEND CANTON CODIFIED ORDINANCE SEC 903.07, VISION CLEARANCE OF SHRUBBERY. - JUDICIARY COMMITTEE 149. MAJORITY LEADER SMITH: AUTHORIZE APPT OF JAMES BABCOCK TO INVESTMENT BOARD COMMENCING UPON COUNCIL APPROVAL AND EXPIRING UPON COMPLETION OF HIS TERM AS COUNCIL MEMBER. - PERSONNEL COMMITTEE 150. MAJORITY LEADER SMITH: AUTHORIZE RE-APPTS OF WILLIAM SHERER, II AND JOHN GIUA TO INCOME TAX REVIEW BOARD COMMENCING RETRO FROM 1/1/18 AND EXPIRING 12/31/19. - PERSONNEL COMMITTEE 151. MAYOR BERNABEI: AUTHORIZE APPT OF RAY FETE TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL COMMENCING RETRO FROM 1/1/18 AND EXPIRING 12/31/19. - PERSONNEL COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -186- MINUTES OF THE MEETING MARCH 26, 2018 152. MAYOR BERNABEI: AUTHORIZE MAYOR AND/OR DEPUTY MAYOR TO CONTINUE CONTRACTUAL AGMT WITH CANTON COMMUNITY IMPROVEMENT CORP (CCIC) TO PROVIDE GRANT UTILIZING GENERAL FUND DOLLARS IN TOTAL AMT OF $50,000 FOR GRANTS, LOANS AND ADMIN COSTS. - FINANCE COMMITTEE 153. SAFETY DIRECTOR PERRY: APPROVE SHOTSPOTTER FLEX CONTRACT RENEWAL FOR ADDITIONAL ONE-YR TERM FR 5/30/18 THRU 5/29/19. - FINANCE COMMITTEE 154. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR AM & CMOM PLAN DEVELOPMENT & IMPLEMENTATION PROJ; REQ $1,213,250.00 SUPP APPROP FR UNAPPROP BAL OF SEWER OPERATING FUND 5410 TO 5410 206320 AOC COMPLIANCE ORGANIZATION (OTHER); REQ $35,550.00 APPROP TRF FR 4501 202001 ENGINEERING-ADMIN (OTHER) TO 4501 206320 AOC COMPLIANCE ORGANIZATION (OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 155. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR AVONDALE AREA PHASE II WATER MAIN REPLACEMENT PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR SAID PROJ; AUTHORIZE CITY TO RECEIVE GRANT FUNDS IN AMT OF $900,000.00 AND ZERO PERCENT INTEREST LOAN IN AMT OF $600,000.00 FOR SAID PROJ FR OH PUBLIC WORKS COMMISSION; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE FUND 5236 FOR TRACING PROJ REVENUES AND EXPENDITURES AND APPROP TOTAL OH PUBLIC WORKS COMMISSION FUNDING AMT OF $1,500,000.00 FR UNAPPROP BAL OF 5236 AVONDALE PHASE II WATER MAIN REPLACEMENT PROJ FUND TO 5236 207040 AVONDALE PHASE II WATER REPLACEMENT - OTHER; REQ $700,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207040 AVONDALE PHASE II WATER MAIN REPLACEMENT - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 156. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCHASE OF ONE (1) UTILITY TRACTOR FOR WATER DEPT; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCHASE OF SAID TRACTOR IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER ORC OR CANTON CODIFIED ORDINANCES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 157. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AND DIRECT AUDITOR TO PAY MORAL OBS IN AMT OF $2,403.00 AND $3,290.00 TO OH WATER DEVELOPMENT AUTHORITY (OWDA) COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -187- MINUTES OF THE MEETING MARCH 26, 2018 FOR LOAN FEES RELATED TO CANTON SOUTH-CLEVELAND AVE (REGIONALIZATION) AND CANTON SOUTH (HUMAN HEALTH) WATERLINE EXTENSION PROJECTS; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 158. WATER DEPT SUPT CONVERSE: ANNUAL REPORT FOR 2017. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: And now we’re under... CLERK DOUGHERTY: Ordinances for First... PRESIDENT SCHUMAN: Ordinances for their First...we’re now under Ordinances for their First meeting...er...first Reso...I’ll get it...Reading. Leader... NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #4 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE CANTON POLICE DEPARTMENT TO ACCEPT A DONATION OF TRAFFIC CRASH TEAM RELATED EQUIPMENT VALUED AT $111,542.31 FROM THE STATE OF OHIO DEPARTMENT OF PUBLIC SAFETY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO AMEND THE LEASE AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON COMMUNITY IMPROVEMENT CORPORATION, APPROVING THE KUBOTA UTILITY EASEMENT OUTLINING ALL RIGHTS AND RESPONSIBILITIES, AND TO AMEND THE COOPERATIVE AGREEMENT BETWEEN CANTON AND KUBOTA MEMBRANE USA CORPORATION APPROVING THE EASEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE APPROPRIATE OFFICIAL(S) TO: PURCHASE AND/OR LEASE VARIOUS TITLED VEHICLES; ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THOSE PURCHASES AND PROJECTS DESCRIBED IN EXHIBIT A THAT EXCEED ANY APPLICABLE DOLLAR AMOUNT THRESHOLD(S); ALTERNATIVELY ENTER INTO CONTRACT FOR THE PURCHASES AND PROJECTS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR A LINE OF CREDIT/LEASE IN ORDER TO PURCHASE SAID ITEMS; AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR A NEW CITY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -188- MINUTES OF THE MEETING MARCH 26, 2018 WIDE PHONE SYSTEM UTILIZING ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; SETS THE BID/FORMAL PROCUREMENT THRESHOLD FOR ALL PURCHASES ON THE ATTACHED LIST AT THE ORC THRESHOLD OF $50,000.00; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,395,705.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO: 4501 102001 POLICE ADMIN - OTHER - $269,520.00, 4501 103001 FIRE ADMIN - OTHER $547,500.00, 4501 103501 CENTRAL COMMUNICATION ADMIN - OTHER - $18,000.00, 4501 202001 ENGINEERING - OTHER - $555,000.00, 4501 204010 OTHER BUILDINGS - OTHER - $262,000.00, 4501 301001 HEALTH ADMIN - OTHER - $26,900.00, 4501 501101 HUMAN RESOURCES ADMIN - OTHER - $11,000.00, 4501 504010 INFORMATION TECHNOLOGY - OTHER - $685,585.00, 4501 753001 LAW ADMIN - OTHER - $8,700.00, 4501 852001 TREASURER ADMIN - OTHER - $11,500.00; $228,000.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASES FUND TO 4502 103001 FIRE ADMIN - OTHER $70,000.00, 4502 202210 MAINTENANCE - OTHER - $60,000.00, 4502 208010 SERVICE & REPAIR - OTHER - $26,000.00, 4502 301001 HEALTH ADMIN - OTHER - $50,000.00, 4502 701001 JUDGES ADMIN - OTHER - $22,000.00; $10,000.00 APPROP TRF FR 4501 202020 URBAN FORESTRY - OTHER TO 4501 202210 MAINTENANCE - OTHER; $84,273.00 APPROP TRF FR 4501 201001 SERVICE DIRECTOR - OTHER TO 4501 202210 MAINTENANCE - OTHER - $39,858.00, TO 4501 504010 INFORMATION TECHNOLOGY - OTHER - $44,415.00) Referred to Public Property Capital Improvement Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($56,000.00 APPROP TRF FR 6041 208010 MOTOR VEHICLE DEPT DMV - OTHER TO 6041 208010 MOTOR VEHICLE DEPT DMV - PERSONNEL) Referred to Finance Committee PRESIDENT SCHULMAN: That’s it? CLERK DOUGHERTY: That’s 1st Readings. PRESIDENT SCHULMAN: Okay, good. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances for their Second Reading and Mr. Clerk, would you please begin with Ordinance 5. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #5 THRU #9 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -189- MINUTES OF THE MEETING MARCH 26, 2018 SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH MULLIN & LONERGAN ASSOCIATES, INC. IN AN APPROXIMATE AMOUNT OF $21,600.00 FOR PREPARATION OF THE CITY OF CANTON 2019-2023 CONSOLIDATED PLAN; AND DECLARING THE SAME TO BE AN EMERGENCY #6. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($80,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 204010 OTHER BUILDINGS - OTHER - $20,000.00, TO 1001 753020 LAW - NON OPERATIONAL - OTHER - $60,000.00) #7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 277/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($180,000.00 SUPP APPROP FR UNAPPROP BAL OF 2314 FAMILY HEALTH FUND TO 2314 301001 FAMILY HEALTH - 700 - OTHER) #8. (2ND RDG) A RESOLUTION APPROVING RELOCATION OF A DOMINION ENERGY GAS PIPELINE ON LAND OWNED BY THE CITY OF CANTON AND AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO EFFECTUATE NECESSARY ACTS IN CONJUNCTION WITH THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY (RT 62/HARRISBURG RD/30TH ST NE ROADWAY IMPROVEMENT PROJ, STA-62-24.90, PID 96346) #9. (2ND RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO THE FOUNTAINS AT EDGEWOOD; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN AGREEMENT WITH MCKINLEY EDGEWOOD DEVELOPMENT CO., LLC FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you. We’re now under Ordinances for their Third, Final Reading and Vote. Would you please begin, Mr. Clerk, with Ordinance #10. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #10 THROUGH #16 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #10. (3RD RDG) ADOPTED AS ORDINANCE NO. 72/2018 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, COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -190- MINUTES OF THE MEETING MARCH 26, 2018 PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #10. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s moved and seconded that you adopt Ordinance #10. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 72/2018 PRESIDENT SCHULMAN: Thank you. The motion carries. Ordinance 10 is adopted. Ordinance 11, please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 73/2018 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 PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #11. CLERK DOUGHERTY: Need a second. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 11. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 73/2018 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -191- MINUTES OF THE MEETING MARCH 26, 2018 PRESIDENT SCHULMAN: Thank you. Ordinance 11 is adopted. Ordinance 12, please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 74/2018 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 EMERGENCY (PARCEL #10002545, ALLEN AVE SE) PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #12. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 12. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 74/2018 PRESIDENT SCHULMAN: Thank you. Ordinance 11 is adopted. Ordinance 12. CLERK DOUGHERTY: That was 12, it should be 13. #13. (3RD RDG) POSTPONED UNTIL 4/9/2018 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 PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #13. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks? MEMBER BABCOCK: Mr. President, I move we postpone Ordinance #13 for two weeks, until April 9, 2018. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -192- MINUTES OF THE MEETING MARCH 26, 2018 MEMBER SMUCKLER: Seconded. PRESIDENT: It’s been moved and seconded that you uh, postpone Ordinance uh, #13 for two weeks, until the...pardon? April 9. Any remarks? All those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Next. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 75/2018 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 PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #14. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: Ordinance 14 is adopted. 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. 75/2018 PRESIDENT SCHULMAN: Thank you. Ordinance 14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 76/2018 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 PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #15. MEMBER SMUCKLER: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -193- MINUTES OF THE MEETING MARCH 26, 2018 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. 76/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 15 is adopted. Ordinance 16. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 77/2018 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) PRESIDENT SCHULMAN: Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #16. MEMBER SMUCKLER: 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 CLERK DOUGHERTY: Eight yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 77/2018 PRESIDENT SCHULMAN: Thank you. Ordinance 16 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. Anyone? MEMBER BABCOCK: Uh, Personnel will meet at, what the date? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -194- MINUTES OF THE MEETING MARCH 26, 2018 CLERK DOUGHERTY: The 2nd MEMBER BABCOCK: April 2nd at 6:30? CLERK DOUGHERTY: 6:15. MEMBER BABCOCK: 6:15. Thank you. MEMBER SCAGLIONE: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes sir. MEMBER MORRIS: Finance, same place, same time. PRESIDENT SCHULMAN: Thank you, Chair. Anyone else? CLERK DOUGHERTY: We need one from Environmental and one from Judiciary. PRESIDENT SCHULMAN: Thank you. MEMBER SCAGLIONE: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SCAGLIONE: Judiciary will meet same time, same place. MEMBER BABCOCK: Mr. President, Environmental & Public Utilities, same time, same place. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? Just hoping that all our friends on Council who are not feeling well, are doing much better and will be with us the next...next two weeks. Um, anyone else? CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: Thought for the week. “One of the lessons that I grew up with was to always stay true to yourself and never let what somebody else says distract you from your goals.” - Michelle COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -195- MINUTES OF THE MEETING MARCH 26, 2018 Obama PRESIDENT SCHULMAN: That’s a good person. Leader. MEMBER BABCOCK: I’d like to wish everybody a happy Easter and hope the bunny comes to everybody. (Laughter). Mr. President, I move we adjourn. MEMBER SMUCKLER: Second. PRESIDENT SCHULMAN: It’s moved and seconded to adjourn. Leader. I’m sorry... NO REMARKS ROLL CALL 8 YEAS, 0 NAYS CLERK DOUGHERTY: Eight yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and we are in adjournment. Have a wonderful weekend...week, everyone. ADJOURNMENT TIME: 7:25 P.M. ATTEST: 3/28/18 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT