City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -196- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. It’s nice to have all of you here. Beautiful day, touch of Spring. 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 present, Mr. President. PRESIDENT SCHULMAN: Great. We have our full complement tonight. Welcome, everyone. Uh, tonight’s invocation is going to be given by my good friend, Edmond Mack. If you’ll stand and remain standing for the Pledge of Allegiance, please. The regular meeting of Canton City Council was held on April 2, 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 8 Council Member, Edmond Mack. The Pledge of Allegiance was led by President Schulman. PRESIDENT SCHULMAN: Thank you very much, Member Mack. That’s a beautiful statement. 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 #9 through 12 to tonight’s agenda. Ordinance 8 will be retained in committee. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 9 through 12 to this evening’s Agenda. Holding Ordinance #8... MEMBER SMITH: 8. PRESIDENT SCHULMAN: 8, thank you, in abeyance. Any remarks? What? MEMBER SMITH: Will be retained in committee. PRESIDENT SCHULMAN: Retained in committee. Any... any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -197- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Those Ordinances will be a legal part of the agenda, and Ordinance #... what is it? 12? MEMBER SMITH: 8 PRESIDENT SCHULMAN: 8 will be held in committee. PUBLIC HEARINGS PRESIDENT SCHULMAN: Uh, we’re now to Public Hearings. We have no Public Hearings this evening. OLD BUSINESS PRESIDENT SCHULMAN: We’re now under Ordinances for Old... (chuckles)... God. Ordinances that are... that are old. And... and no... uh... CLERK DOUGHERTY: Old Business. PRESIDENT SCHULMAN: No business. Oh, no Old Business. I’ll be alright here. PUBLIC SPEAKS PRESIDENT SCHULMAN: We have no Public Speaks tonight. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. If you’ll start with Informal Resolution 32, please. #32. COUNCIL-AS-A-WHOLE: RECOGNIZING APRIL AS NATIONAL FAIR HOUSING MONTH. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #32. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 32. Any remarks? Hearing none, by roll call vote all... not by roll call vote. MEMBER SMITH: Excuse me. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: Could that please be read? PRESIDENT SCHULMAN: Yes. Sorry. CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Council-as-a-Whole this 2nd day of COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -198- MINUTES OF THE MEETING APRIL 2, 2018 April, 2018. Whereas, On April 11, 1968, President Lyndon Johnson signed the Civil Rights Act of 1968. The 1968 Act expands previous Acts and prohibits discrimination concerning the sale, rental and financing of housing based on race, religion, national origin, sex, (and as amended in 1988) handicap and familial status. Title VIII of the Act is also known as the Fair Housing Act of 1968; and Whereas, Since the 1966 open housing marches in Chicago, Reverend Dr. Martin Luther King Jr.’s name was closely associated with Fair Housing legislation. From 1966-1967, Congress regularly considered the Fair Housing Bill, but failed to garner a strong majority for its passage; and Whereas, On April 4, 1968, Reverend Dr. Martin Luther King, Jr. was assassinated. President Johnson viewed the Fair Housing Act as a fitting memorial to Dr. King’s life work, and used the national tragedy to urge Congress to pass the pending legislation prior to Dr. King’s funeral in Atlanta, GA; and Whereas, After a long and difficult journey, the Federal Fair Housing Act was enacted on April 11, 1968; and Whereas, In subsequent years, the tradition of celebrating Fair Housing Month has grown. Relator organizations sponsor fair housing programs, elected officials issue proclamations that designate April as “Fair Housing Month,” and schools across the country participate in poster and essay contests that focus on fair housing issues. Now Therefore Be It Resolved: In honor of the passing of the Fair Housing Act and in remembrance of the assassination of Reverend Dr. Martin Luther King, Jr, that we, the Members of Canton City Council do hereby go on record recognizing April as National Fair Housing Month. PRESIDENT SCHULMAN: Great. Thank you very much. Any other remarks? All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #32 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. Very, very important and meaningful thing to do. Uh, moving now to... CLERK DOUGHERTY: 33, sir. PRESIDENT SCHULMAN: Yes, thank you. CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Thank you. #33. CNCL MBR MORRIS, WARD 9, CNCL MBR MACK, WARD 8: DECLARING A 60-DAY MORATORIUM ON SHORT TERM DIGITAL RENTALS IN R1, R2 AND R3 DISTRICTS. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #33. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 33. Any remarks? All those in favor, signify by saying aye. Those opposed no. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -199- MINUTES OF THE MEETING APRIL 2, 2018 NO REMARKS RESOLUTION #33 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Next. #34. PERSONNEL COMMITTEE: CONFIRM APPT OF HENRY RENFRO TO FAIR HOUSING COMMISSION COMMENCING 4/2/18 THRU 12/31/20. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #34. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 30... MEMBER SMITH: 4. PRESIDENT SCHULMAN: 4. Any remarks? All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #34 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. Next. #35. PERSONNEL COMMITTEE: CONFIRM REAPPT OF JAMES REINHARD TO STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) BOARD COMMENCING RETRO 4/1/18 THRU 3/31/21. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #35. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 35. Any remarks? Hearing none, by... uh.... CLERK DOUGHERTY: Voice vote. PRESIDENT SCHULMAN: Voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #35 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Next. #36. PERSONNEL COMMITTEE: AUTHORIZE APPT OF JAMES BABCOCK TO INVESTMENT BOARD COMMENCING 4/2/18 AND EXPIRING UPON COMPLETION OF HIS TERM AS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -200- MINUTES OF THE MEETING APRIL 2, 2018 COUNCIL MEMBER. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #36. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 36. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #36 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. #37. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF WILLIAM SHERER, II TO INCOME TAX REVIEW BOARD COMMENCING RETRO FROM 1/1/18 AND EXPIRING 12/31/19. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #37. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 37. Any remarks? Hearing none, roll call vote please. CLERK DOUGHERTY: Voice vote, please. PRESIDENT SCHULMAN: Voice vote, I’m sorry. Oh, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #37 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. Or... (inaudible). #38. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF JOHN GIUA TO INCOME TAX REVIEW BOARD COMMENCING RETRO FROM 1/1/18 AND EXPIRING 12/31/19. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #38. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -201- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution 38. Any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #38 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. Leader. #39. RETAINED IN COMMITTEE PERSONNEL COMMITTEE: AUTHORIZE APPT OF RAY FETE TO COMMUNITY REINVESTMENT AREA HOUSING COUNCIL COMMENCING RETRO FROM 1/1/18 AND EXPIRING 12/31/19. - ADOPTED CLERK DOUGHERTY: Mr. President, Resolution 39 is being held in committee. Next is Communications. PRESIDENT SCHULMAN: Thank you. COMMUNICATIONS PRESIDENT SCHULMAN: We’re now 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 APRIL 2, 2018. 159. COMM DEV DIR ROLLINS: AMEND O#238/2017 TO TRF CONTRACTS FR FY 2017 TO FY 2018 FOR UTILIZATION OF 2017 CDBG FUNDING FOR SUMMER AND RELATED PROG (EARLY CHILDHOOD RESOURCE CENTER - $40,000.00, EN-RICH-MENT- $40,000.00, YMCA SUMMER PROGRAMS- $40,000.00, SCCAA YOUTH WORK EXPERIENCE - $70,000.00, OHIO MEANS JOBS - $40,000.00). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 160. DEPUTY MAYOR WILLIAMS: AUTHORIZE ACCEPTANCE OF DONATED REAL PROPERTY, TAX PARCELS 209559, 215603, & 280677, WARD 1. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 161. DEPUTY MAYOR WILLIAMS: AUTHORIZE ACCEPTANCE OF DONATED REAL PROPERTY, TAX PARCEL 225302, WARD 2. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 162. FINANCE DIRECTOR CROUSE: AMEND APPROP O#64/2018 ($16,444.51 SUPP APPROP FR UNAPPROP BAL OF 2212 NEIGHBORHOOD STABILIZATION PROG FUND TO 2212 506009 2009 STIMULUS - OTHER; $54,576.04 SUPP APPROP FR UNAPPROP BAL OF 2213 NEIGHBORHOOD STABILIZATION 3 PROG FUND TO 2213 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $1,172.79 SUPP APPROP FR UNAPPROP BAL OF 2214 HOME FUND TO 2214 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $55,104.74 SUPP APPROP FR UNAPPROP BAL OF 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $138,564.35 SUPP APPROP FR COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -202- MINUTES OF THE MEETING APRIL 2, 2018 UNAPPROP BAL OF 2211 COMMUNITY DEVELOPMENT FUND TO 2211 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER); EMERGENCY. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for their Second Read... Third... (chuckles)... First Reading. Mr. Clerk, would you please begin with Ordinance #1. Geez. 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) AN ORDINANCE AMENDING SECTION 903.07 OF PART NINE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (VISION CLEARANCE OF SHRUBBERY) Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DEPUTY MAYOR TO CONTINUE THE CONTRACTUAL AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION TO PROVIDE A GRANT IN A TOTAL AMOUNT NOT TO EXCEED $50,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY (FOR GRANTS, LOANS & ADMIN COSTS) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A ONE-YEAR PROFESSIONAL SERVICES CONTRACT RENEWAL WITH SHOTSPOTTER FLEX IN AN AMOUNT NOT TO EXCEED $141,750; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR THE AM & CMOM PLAN DEVELOPMENT & IMPLEMENTATION PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,213,250.00 SUPP APPROP FR UNAPPROP BAL OF SEWER OPERATING FUND TO 5410 206320 AOC COMPLIANCE ORGANIZATION - OTHER; $35,550.00 APPROP TRF FR 4501 202001 ENGINEERING - ADMINISTRATION - OTHER TO 4501 206320 AOC COMPLIANCE ORGANIZATION - OTHER) Referred to Finance and Public Property Capital Improvement Committees #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT; EXECUTE A PROFESSIONAL SERVICES COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -203- MINUTES OF THE MEETING APRIL 2, 2018 CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; RECEIVE GRANT FUNDS IN THE AMOUNT OF $900,000 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $600,000 FOR THE AVONDALE AREA PHASE II WATER MAIN REPLACEMENT PROJECT; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5236 AVONDALE AREA PHASE II WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5236 AVONDALE PHASE II WATER MAIN REPLACEMENT PROJ FUND TO 5236 207040 AVONDALE PHASE II WATER MAIN REPLACEMENT - OTHER, $700,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207040 AVONDALE PHASE II WATER MAIN REPLACEMENT - OTHER) Referred to Finance Committee #6. (1ST RDG) 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 ONE (1) UTILITY TRACTOR; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY MORAL OBLIGATIONS IN A TOTAL AMOUNT NOT TO EXCEED $5,693 RELATED TO THE CANTON SOUTH-CLEVELAND AVENUE (REGIONALIZATION) AND CANTON SOUTH (HUMAN HEALTH) WATERLINE EXTENSION PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee PRESIDENT SCHULMAN: Thank you. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, would you please begin with Ordinance #8. Geez. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #8 THRU #12 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#8 RETAINED IN COMMITTEE; O#12 ADOPTED): #8. (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 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -204- MINUTES OF THE MEETING APRIL 2, 2018 #9. (2ND 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 #10. (2ND 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 #11. (2ND 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 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 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -205- MINUTES OF THE MEETING APRIL 2, 2018 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) #12. (2ND RDG) ADOPTED AS ORDINANCE NO. 78/2018 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) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance 12. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. 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? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 78/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now with... uh, Third Readings. Uh, Leader. I’m sorry. CLERK DOUGHERTY: Ordinance 13. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -206- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Sorry. (Inaudible) NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #13 THROUGH #17 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 79/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC 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 PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s moved and seconded that you adopt Ordinance #13. 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. #13 ADOPTED AS ORDINANCE NO. 79/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 13 is adopted. Ordinance 14, please. #14. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 80/2018 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) 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? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -207- MINUTES OF THE MEETING APRIL 2, 2018 Hearing none, roll call vote... CLERK DOUGHERTY: You got an amendment, I believe. PRESIDENT SCHULMAN: Oop, sorry. Amendment. MEMBER SMITH: Mr. President, I move to amend Ordinance #14 per a copy that all Council Members have in front of them. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to amend Ordinance #14 before each Member of Council. Any remarks? Hearing none, roll call vote. Or, I’m sorry. All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 14 by changing the ordinance number in the caption and Section 1 from “277/2017" to “64/2018". PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 14 as amended. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #14 ADOPTED AS AMENDED AS ORDINANCE NO. 80/2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 14 as amended is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 81/2018 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) COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -208- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. CLERK DOUGHERTY: 15. PRESIDENT SCHULMAN: 15. MEMBER SMITH: I’m sorry, 15. PRESIDENT SCHULMAN: That’s alright. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks? Hearing none, roll call... CLERK DOUGHERTY: We need a... hold on. PRESIDENT SCHULMAN: Sorry. MEMBER SMITH: No, it’s an amendment, Mr. President. PRESIDENT SCHULMAN: Sorry. MEMBER SMITH: Mr. President, I move we amend Ordinance #15 per the copy that all Council Members have in front of them. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt... to amend Ordinance... uh... MEMBER SMITH: 15. PRESIDENT SCHULMAN: 15 as... uh, to amend Ordinance 15 as adopted. All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. Jesus. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15, as amended. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -209- MINUTES OF THE MEETING APRIL 2, 2018 AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 15 by changing the ordinance number in the caption and Section 1 from “277/2017" to “64/2018". PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 15 as adopted. CLERK DOUGHERTY: As amended. PRESIDENT SCHULMAN: As amended. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS; 1 ABSTENTION (MEMBER MINOR SMITH ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President. #15 ADOPTED AS AMENDED AS ORDINANCE NO. 81/2018 PRESIDENT SCHULMAN: The ayes have it. Motion carries. Leader. Or, I’m sorry. Next. CLERK DOUGHERTY: #16. PRESIDENT SCHULMAN: 16. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 82/2018 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) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 82/2018 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -210- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 16 is adopted. Ordinance 17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 83/2018 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 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? Again hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 83/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 15... 16... 17 is adopted. Is that it? CLERK DOUGHERTY: We have a reconsider. PRESIDENT SCHULMAN: Reconsider 18? MEMBER SMITH: Yes. PRESIDENT SCHULMAN: Moved and seconded. Oh, sorry. Go ahead. #18. (3RD RDG) RECONSIDERED AND AMENDED 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) COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -211- MINUTES OF THE MEETING APRIL 2, 2018 MEMBER SMITH: Mr. President, I move we reconsider Ordinance #77/2018 adopted on March the 26th, 2018. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to... uh, to adopt... I’m sorry. To reconsider Ordinance 17/77 ** by voice vote. All those in favor signify by saying aye. Those opposed no. ** Note: President Schulman said Ordinance 17/77; however the Ordinance being reconsidered is Ordinance #77/2018. NO REMARKS ORDINANCE #77/2018 RECONSIDERED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. MEMBER SMITH: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: I move we amend Ordinance #77/2018 per a copy that’s before each Council Member. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to... uh, let’s see, what are we doing here? Yes. Leader. I’m sorry. CLERK DOUGHERTY: Voice vote. LAW DIRECTOR MARTUCCIO: Mr. President, Majority Leader, Members of Council. This amendment, like the two that went before it, is simply to change the references to 277/2017, which was the temporary budget appropriation at the end of last year, to... to Ordinance 64/2018, which is the permanent appropriation for this year. All thanks to the eagle eyed Budget Director. So it’s simply a little bit of housekeeping. Re... re... correcting and reinserting the... the new number for the old. Thank you. Thank you. PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Uh, Mr. Pres... CLERK DOUGHERTY: Need a voice vote. PRESIDENT SCHULMAN: Oh, by voice... CLERK DOUGHERTY: For the amendment. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -212- MINUTES OF THE MEETING APRIL 2, 2018 MEMBER SMITH: Okay. Shouldn’t that have been a roll call vote, the first one? Voice vote. Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: Um, let’s see, where are we at? CLERK DOUGHERTY: No, I think right now we need a vote... MEMBER SMITH: Now we need a voice vote. CLERK DOUGHERTY: A voice vote on the amendment. MEMBER SMITH: Mr. President, I move we adopt Ordinance #77... CLERK DOUGHERTY: No, we need a voice vote on the amendment. Joe, we need a voice vote on the amendment. PRESIDENT SCHULMAN: Voice vote on the amendment. All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. CLERK DOUGHERTY: Now we gotta adopt as amended. PRESIDENT SCHULMAN: Now. Jimmeny Christmas. Sorry, guys. MEMBER SMITH: Mr. President, I move we adopt Ordinance #77/2018 as amended. MEMBER BABCOCK: Second. Reconsideration and Amendment: Pursuant to Rules 41 and 36 respectively, I move to reconsider and amend Resolution No. 77/2018 by changing the Appropriation Ordinance No. in the caption from “277/2017" to “64/2018". PRESIDENT SCHULMAN: It’s been moved and seconded to adopt... to adopt Ordinance, what is it? 18 as amended. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #18 RECONSIDERED AND AMENDED AS ORDINANCE NO. 77/2018 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -213- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Thank you. Motion carries. It’s adopted as amended. Sorry for the slowness. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MORRIS: Finance will meet April 9th at 6:30 P.M. PRESIDENT SCHULMAN: Thank you. MEMBER BABCOCK: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER BABCOCK: Personnel, same time, same place. PRESIDENT SCHULMAN: Is that it? MEMBER MACK: Mr. President, Judiciary, same time, same place. MEMBER SCAGLIONE: Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SCAGLIONE: Public Property Capital Improvement, same time, same place. PRESIDENT SCHULMAN: Thank you. Anyone else? MEMBER MINOR SMITH: Mr. President, Community & Economic Development will also meet at the same time and same place. Thank you. PRESIDENT SCHULMAN: Thank you very much. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under... uh, Miscellaneous Business. Is there any? Anyone? Okay. CLERK DOUGHERTY: Okay. Clarification. Community & Economic Development, I don’t think you... it’s necessary. MEMBER MINOR SMITH: Just going to ask. Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER MINOR SMITH: Strike that from the record. Thank you. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -214- MINUTES OF THE MEETING APRIL 2, 2018 PRESIDENT SCHULMAN: Okay. Thank you. Anyone else? Okay. Anyone? CLERK DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes. CLERK DOUGHERTY: Thought for the week. “Do what you can with all you have, wherever you are.” - Theodore Roosevelt PRESIDENT SCHULMAN: Thank you. MEMBER SMITH: Okay. Mr. President. PRESIDENT SCHULMAN: Yes. MEMBER SMITH: Okay, Dave. I’ll ask you that personally back in the back. But anyhow (chuckles)... motion to adjourn. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s 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: (Gavel falls) Thank you very much. Meeting’s adjourned. Thank you, everybody. Have a safe trip home. ADJOURNMENT TIME: 7:25 P.M. ATTEST: 4/3/18 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT