City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -286- MINUTES OF THE MEETING MAY 7, 2018 PRESIDENT SCHULMAN: Good evening ladies and gentlemen, welcome to Canton City Council. Um, we have an announcement tonight. Somebody is having a birthday. Not sure who it is. Could you tell the young man...(Inaudible). Happy birthday and many, many healthy (Inaudible). (Applause). (Inaudible). 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: 11 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER MACK ABSENT) CLERK DOUGHERTY: Eleven present, one absent, Mr. President. EXCUSING MEMBERS PRESIDENT SCHULMAN: Thank you. Leader. MEMBER SMITH: Mr. President, I move we excuse Member Mack from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Mack from this evening’s meeting. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion passes and Member Mack is excused from this evening’s meeting. Uh, tonight we’re having our invocation given by my good friend and Ward 1 Council Member. (Laughs). If you’ll stand, Greg, and give... The regular meeting of Canton City Council was held on May 7, 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 Council Member, Greg Hawk. The Pledge of Allegiance was led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We’re now under Agenja...Agenda Corrections and Changes. Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 9 through 10, to this evening’s agenda. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -287- MINUTES OF THE MEETING MAY 7, 2018 PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule uh...20...22A to add Ordinances 9 and 10 to this evening’s agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries and those uh...Amendments are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn now to Public Hearings. I’m sorry... we turn now to Public Hearings. We have no Public Hearings tonight. OLD BUSINESS PRESIDENT SCHULMAN: We have no New Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: Um...we’re now under Public Speaks and we have five speakers, and our first speaker is Kim Horton. Yes, thank you. Kim Horton. How are you KIM HORTON: Good. PRESIDENT SCHULMAN: If you’ll step forward and give us your name and your residential address, please, and welcome. KIM HORTON: Thanks. My name is Kim Horton. My address is 1263 11th St. NW. PRESIDENT SCHULMAN: Go ahead, thank you. KIM HORTON: Oh, oh, it’s tickin’. Stop. PRESIDENT SCHULMAN: That’s okay, you’re alright. KIM HORTON: Okay. I’m just here to say I’m against the AirBnB being ran at 1258 11th St. NW for the following reasons. This is a residential neighborhood for single family dwellings, it’s deed restricted for the West Park Neighborhood and not meant for businesses to be ran in them. Um, how...how will this affect my property if I try to sell it with an AirBnB across the street. Parking is a big problem with only two spaces in front of each home for parking a vehicle. Currently, the...Mr. Gerber and their house-mate park in front of their home with Mrs. Gerber parking up the shared drive. Where does that leave the AirBnB guest to park, in front of our homes. Uh, this is not courteous or neighborly. The AirBnB...um...that Ms. Gerber puts on her, uh...in that...uh...online, uh...states “on-street in front of their house is abail...available for parking. Our street is not a busy street. There’s always plenty of parking.” That’s a joke. Um, yeah, in front of other neighbor’s homes, that’s where they’ll be parking. Uh, if the Gerbers wanted to run another AirBnB, they should have brought...bought a home that was zoned for it. Ms. Gerber states that she has ran other BnB’s so she should know the rules, instead, they bought now and asking for permission later. They’re right now, taking COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -288- MINUTES OF THE MEETING MAY 7, 2018 reservations online for June and July. They haven’t been granted permission yet, they’re not waiting on a decision, they’re just doing what they want to do. I say, “Not in my neighborhood.” How would you like it if it was in front of you, beside you? Thanks. PRESIDENT SCHULMAN: Thank you very much ma’am. Appreciate it. Thank you very much. (Applause). We always appreciate you coming down, too, all of you. KIM HORTON: Thank you. PRESIDENT SCHULMAN: Our next speaker is Marjorie Burkhart. Ms. Burkhart, welcome to Canton City Council. If you’ll give your name and residential address, please. MARJORIE BURKHART: Okay, thank you. Uh, my name is Marjorie Burkhart. My address is 1253 11th St. I live directly across from 1258 11th St. NW, and uh, I had hip replacement this past summer. Moved back into my home in November, and being a teacher, educator in Canton City, I’m very aware of different things. I’ve done that all my career, of strange things going on. There were cars across the street with New York license plates on them for a while. We live very close to Shorb. We’re also in a...an area where there is soliciting. I’ve seen the young ladies go up and down our block, and um, so therefore there’s concern to be aware of all kinds of things. In November when ever I was moving in, I happened to be out and a neighbor brought the young couple across and introduced them to me. Um, after that, on occasion there were cars parked, maybe twelve to fourteen for their residence alone, on certain evenings. And, one evening I came in with groceries and there was no way, due to my restrictions, that I could carry my groceries from four houses up the street down, so I worked on backing and forth...I’m pretty good, thank goodness, back...backing up and pulling up and back up and getting into the drive so I could normally pull ‘em...put ‘em in by my side door. So, parking is an issue. Uh, in December, parking was definitely an issue with Christmas parties and I wanted to speak to the uh...owner in regard to another issue where a cat, when my painter was there, accidentally got into my home and I could not chase it. (Buzzer sounds). PRESIDENT SCHULMAN: I’m sorry, that’s all the time you have tonight. MARJORIE BURKHART: Okay, well, thank you, but it is an issue. PRESIDENT SCHULMAN: We’ve heard you...and...believe me, I heard you and we’re listening. MARJORIE BURKHART: Okay, thank you. PRESIDENT SCHULMAN: Thank you, so much. Have a wonderful evening. MARJORIE BURKHART: Okay. (Applause). PRESIDENT SCHULMAN: Our next speaker is Brenda Baylor. Good evening as always, welcome to Canton City Council. If you’ll give us your name and your residential address. BRENDA BAYLOR: I am Brenda Baylor. I live at 2722 Wood Owl St. NE, and I am here...tomorrow’s Election Day and one of the things that’s on the election is Issue 13, and one of the things that’s on there is improvements. I would like to say that I think Georgeview Estates is one of the shining improvements of COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -289- MINUTES OF THE MEETING MAY 7, 2018 Canton and right now what we are dealing with is...we have new builders. In the past we have known who the builders are, we have had a chance to talk with them and fortunately, have been able stop some of the things that they’ve wanted to do, that in some cases, would have brought our neighborhood down and decreased our value. At this point, they are pumping water out. They have pretty much got one house up. We have heard, and nobody knows where it’s coming from, that there’s a woman who is the new owner that purchased from Cutler, that um...they may decide that they’re going to do homes on slabs, um, that there’s home that are going to be $180,000.00...89,000.000, unless they have diamond, concrete, something. I’m not sure how that’s going to be because the homes are small, but we have no input. We don’t really know what’s going on and I feel this is unfair. The restrictions...I don’t know whose they’re following. I don’t know whether our restrictions make any difference because when we...when the area was first developed, there were restrictions set in place for our neighborhood and the only way that those seem to be able to be followed is if we file an injunction. And I feel that’s unfair because we have done everything we could and are still doing, to try to keep our neighborhood going and to let them come in and devalue our homes by putting in homes with concrete foundations is ludicrous, simply because they want to use the excuse that there’s water. I do not know this to be true, but like I said in the past, we have had some information on what’s going on. We have had meetings, one of which was in my backyard, and that’s been 15, 16 years ago probably, and we have been able to take hold of. But, we’re doing everything we can to try to keep our neighborhood good. Because it is an improvement for Canton, it’s a shining example, and we need the city to back us and if it’s our restrictions that need to be followed, then so be it, because ours don’t pertain to any other neighborhood because we’re one of the newest neighborhoods. We shouldn’t have to go through fifty-thousand changes to have to say...because ours say that you must have a basement; that the houses must be a certain height. So, that’s what I’m here for. I will continue to come. It’s always something, but now I’m here to support my neighborhood because we go through great changes to try to keep it. Thank you. PRESIDENT SCHULMAN: Thank you. (Applause). Our next speaker is Pete Marcico? Is that correct? Good evening, sir. Welcome. If you’ll step forward and give us your name and residential address, please. PETE CARPICO: Good evening. My name’s Pete Carpico. I live at uh...391 Whitetail Tr. NE, also in Georgeview Estates. I...I also am concerned with this, this new builder. Um, I...I’ve talked to the um...couple of the construction workers and they’ve said, “Well, if we run into water too much, we’re just going to put slabs down.” To me, that...that’s scary, because once they put a slab down and they start throwing a house up, the only...the only thing that we can do as homeowners, is to sue ‘em. But it’s already been done. I mean, if I sue them after they put a house on...on a slab, what’s going to be changed? So my...my concern here tonight is, I’m a resident of Canton and I want my leadership...my leadership that’s sitting here in this room, to make sure this stuff doesn’t happen. You know, Georgeview Estates has fought over and over, and one of the concerns... one of the times was when the city was helping bring in some new residents and subsidizing some of the houses there, and we had a meeting in this Council Chamber, talking about making sure that the houses weren’t going to devalue the houses in that neighborhood. If they start throwing slabs houses up, it’s going to devalue our neighborhood. And it’s going to take something that is a nice, newer neighborhood in the city of Canton and make it not so nice. We already have issues with the mill, we already have other issues. We do not need to devalue the neighborhood at this point. And I’m asking each of you as our leadership, to take that role and make sure that you check and find...and I know some of you, I mean, Mrs. Smith, you’re, you’re our Council Member, for our Ward, but I believe every one of you is part of the leadership of this city. And everyone of you in this room should take ownership of this and make sure that this doesn’t happen to our neighborhood. Make sure that it doesn’t happen so that we have to sue after the fact, make sure it doesn’t happen, before it happens. Right? So...and you guys have the power. We don’t have that power. I can talk to a couple people COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -290- MINUTES OF THE MEETING MAY 7, 2018 out there and ask them questions, and we do that, but as neighbors, we’re looking for our leadership to step up and say, we’re going to put our foot down and make sure this doesn’t happen. Thank you. PRESIDENT SCHULMAN: Thank you very much. (Applause). The last speaker is John Stone. Good evening, welcome as always. JOHN STONE: Good evening. PRESIDENT SCHULMAN: Please give us your name and your residential address, please. JOHN STONE: John Stone. I know you like to save me for last because I have a lot of positive things to say about Canton, right. 1220 17th St. is where I reside. And, I’m here to speak to you about something that’s very dear and...to my heart. Uh, Nimisilla Park; which actually, if you...the name, Nimisilla, uh, in case you don’t know, is derived from Native American. It means “meeting tree.” And, this park, oh...having for a chamber, is boarded by four city Wards; 2, 4, 6 and 9. I have to wonder if there is anywhere else on the planet that could claim that. So being the oldest park in Canton, it quite literally was the uh...heart of Canton’s growth. The railroad was a catalyst of growth of Canton, around that park. Um, it used to be the original Garden Center, and uh, there are flowers all over the park, and a lot of other interesting things happened in park that are very important to the history of our country, including a speech that was given by Eugene Debs, um...a hundred years ago, June 16th, which uh...helped to strengthen civil liberties in our country. And I think that’s very important to recognize, especially as this 100th anniversary is coming up. And, uh, we have a real grand vision for the park, to really make it a model of the world that we want. You know, it may be a daunting task to change the world, but if we focus on one space, and if it’s the heart, the heart circulates the body, the body circulates...sends everything back to the heart. So, ultimately to have cultural gardens representing our diverse population, and just uh...to make it a model of the world we want. I won’t spend a lot of time speaking in detail on that, but really invite anyone who...uh...wants to contact me...uh...to discuss...um, how we can do that and even to make itself powered with solar wind and kinetic energy and those types of things, uh, I’m very open to have that conversation. But, I’m also here to promote “B Earth Day”, which is this Saturday...uh...so that we can clean and plant flowers and, and beautify the park, and give some of the flower beds in the park some loving care, and have a community picnic, and get together and network and get to know each other and share ideas. So, we’re inviting everyone to be a part of that event, which is from 10 til whenever. Um, whenever we feel like...um, leaving for the day. Um, we’re uh...looking for donations of flowers, if anyone has something to contribute. And uh, hoping that we can share some food and uh, just make it a real community picnic and enjoyable day of it. So, um, you all have a flyer that I’ve given you and uh...especially those four Wards that intersect at the park, uh, it’d be nice if we could get uh, get uh, everybody involved in making that park something special. Um, so we’re just inviting everyone to come and help us plant the future of history in the heart of the heartland, Nimisilla Park. Thank you. (Applause). PRESIDENT SCHULMAN: Thank you all very much for your remarks and thank you very much for the uh...hopeful we can do something big. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: Um...uh...we’re now under Informal Resolutions, and we have no Informal Resolutions tonight. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -291- MINUTES OF THE MEETING MAY 7, 2018 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 MAY 7, 2018. 198. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 4/30/18. - RECEIVED & FILED 199. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 4/1/18 THRU 4/30/18. - RECEIVED & FILED 200. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 4/30/18. - RECEIVED & FILED 201. SAFETY DIRECTOR PERRY: FORMALIZE TENTATIVE AGMT WITH CANTON PROFESSIONAL FIREFIGHTERS’ ASSOC (CPFFA) PURSUANT TO WAGE, HEALTHCARE AND PHYSICAL FITNESS INCENTIVE RE-OPENER NEGOTIATIONS FOR YR 1/1/18 THRU 12/31/18. - FINANCE AND PERSONNEL COMMITTEES 202. SAFETY DIRECTOR PERRY, MAJORITY LEADER SMITH: REQ LEGISLATION TO CAUSE DEMO LIENS, ASSESSMENTS, PENALTIES AND INTEREST TO BE DISCHARGED FOR PARCEL #226346. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 203. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT WITH THRASHER GROUP FOR DESIGN OF SITE MASTER PLAN FOR CANTON WATER DEPT’S DISTRIBUTION SHOP; REQ $49,920.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022 WATER DISTRIBUTION - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 204. SERVICE DIRECTOR HIGHMAN: REQ LEGISLATION FOR 2018 ODOT WINTER ROAD SALT CONTRACT TO INCLUDE EXACT LANGUAGE CONTAINED IN ATTACHED DRAFT AND REQUESTING 10,000 TONS OF ROAD SALT. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: We now turn to First Reading Ordinances, Mr. Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -292- MINUTES OF THE MEETING MAY 7, 2018 KNOWN AS THE CITY OF CANTON ZONING ORDINANCE, AND DECLARING THE SAME TO BE AN EMERGENCY (CITY WIDE ZONE CHANGE, HARVARD AVE NW @ RT 62, 1700 BLOCKS OF IRA TURPIN WAY NE, BLECKER PL NE, 10TH ST NE, IRWIN PL NE, BERGER PL NE, PETRO PL NE, 9TH ST NE) PUB HRG 5/21/18 @ 7:00 P.M. Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($210,000.00 APPROP TRF FR 7508 852101 INCOME TAX - ADMIN - OTHER TO 7508 852003 DISTRICT TWR JEDD - OTHER FOR $5,000.00, TO 7508 852004 DISTRICT SM JEDD - OTHER FOR $190,000.00 AND TO 7508 852005 DISTRICT FP JEDD - OTHER FOR $15,000.00; $180,000.00 SUPP APPROP FR UNAPPROP BAL OF 7508 JACKSON-CANTON JEDD CLEARING FUND TO 7508 852004 DISTRICT SM JEDD - OTHER) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($93,000.00 APPROP TRF FR 5701 101501 CODE ENFORCEMENT ADMIN - PERSONNEL TO 5701 307001 ENVIRONMENTAL HEALTH ADMIN - PERSONNEL) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 2314 FAMILY HEALTH FUND TO 2314 301001 FAMILY HEALTH - 700 - OTHER) Referred to Finance Committee #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 CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; RECEIVE GRANT FUNDS IN THE AMOUNT OF $528,313.00 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $549,876.00 FOR THE RIDGEWOOD EAST PHASE 1 PART 1 WATER MAIN REPLACEMENT PROJECT AND RIDGEWOOD EAST PHASE 1, PART 2 (22ND/24TH ST. NE) ROADWAY RECONSTRUCTION PROJECT, GP 1123; RECEIVE GRANT FUNDS IN THE AMOUNT OF $150,000.00 AND A LOAN IN THE AMOUNT OF $482,625.00 FOR THE ROADWAY PROJECT; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5237 RIDGEWOOD EAST PHASE 1 PART 1 WATER MAIN REPLACEMENT PROJECT FUND AND THE 4584 RIDGEWOOD EAST PHASE 1 PART 2 (22ND/24TH ST. NE) ROADWAY RECONSTRUCTION PROJECT, GP 1123 FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -293- MINUTES OF THE MEETING MAY 7, 2018 ($1,078,189.00 SUPP APPROP FR UNAPPROP BAL OF 5237 RIDGEWOOD EAST PHASE I PART I WATER MAIN REPLACEMENT PROJ FUND TO 5237 207043 RIDGEWOOD EAST PHASE I PART I WATER MAIN REPLACE PROJ - OTHER; $632,625.00 SUPP APPROP FR UNAPPROP BAL OF 4584 RIDGEWOOD EAST PHASE I PART 2 (22nd/24th ST NE) ROADWAY RECONSTRUCTION PROJ, GP 1123 FUND TO 4584 202051 RIDGEWOOD EAST PHASE I PART 2 (22nd/24th ST NE) ROADWAY RECONSTRUCTION PROJ, GP 1123 - OTHER) Referred to Finance and Environment & Public Utilities Committees #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,308,261.43 SUPP APPROP FR UNAPPROP BAL OF 5235 CANTON SOUTH- CLEVELAND AVE (REGIONALIZATION) WATERLINE EXTENSION PROJ FUND TO 5235 207053 CANTON SOUTH-CLEVELAND AVE (REGIONALIZATION) WATERLINE EXTENSION PROJ - OTHER) Referred to Finance Committee #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 105/2018 AN ORDINANCE AUTHORIZING THE SETTLEMENT OF THE PENDING CLAIM/LAWSUIT - WATER RECLAMATION FACILITY PHOSPHORUS/TOTAL NITROGEN PROJECT, CONTRACT NO. 26; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 106/2018 AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON PROFESSIONAL FIREFIGHTERS’ ASSOCIATION AND DECLARING THE SAME TO BE AN EMERGENCY (RE-OPENER NEGOTIATIONS FOR YR 1/1/18 THRU 12/31/18) Referred to Finance and Personnel Committees PRESIDENT SCHULMAN: At this time, the Chair is going to declare an in-house recess for the Personnel and Finance Committees to meet in uh...private session, at your convenience. You’re now in recess. (COUNCIL RECESSED AT 7:34 PM FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS O#7 AND O#8; RECONVENED AT 7:35 PM) PRESIDENT SCHULMAN: Council is convening after the recess. Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to place Ordinances 7 and 8 back on this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -294- MINUTES OF THE MEETING MAY 7, 2018 MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 7 and 8 on this evening’s agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries. Leader. MEMBER SMITH: Mr. President I move we suspend the Statutory Rules on Ordinances 7 and 8. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules on 7 and 8. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motions carried. We’re now...You’ve heard the three readings, Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 7. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER HALL ABSTAINED) CLERK DOUGHERTY: Ten yeas, One Abstention #7 ADOPTED AS ORDINANCE NO. 105/2018 PRESIDENT SCHULMAN: Thank you. Motion carries and um...Ordinance is adopted. We’re now under uh...8. Number 8, please. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -295- MINUTES OF THE MEETING MAY 7, 2018 MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #8. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President #8 ADOPTED AS ORDINANCE NO. 106/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance #8 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Second Reading Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, will you please begin with Ordinance 11. Sorry, is it 11? 9. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #9 THRU #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR DESIGN OF THE 33RD STREET NW AREA WATER MAIN REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($102,900.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207052 33RD ST NW AREA WATER MAIN REPLACEMENT PROJ - OTHER) #10. (2ND RDG) AN ORDINANCE AMENDING SECTIONS 105.01, 105.09, AND 105.10 OF PART ONE, ADMINISTRATIVE CODE, OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON (DEFINITIONS OF CONTRACTS) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We’re now under Ordinances and Formal Resolutions for their Second...er, I’m sorry. Third and Final Reading and vote. Mr. Clerk, would you please begin with Ordinance 11. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #11 THROUGH #15 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 107/2018 AN ORDINANCE AMENDED APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -296- MINUTES OF THE MEETING MAY 7, 2018 TO BE AN EMERGENCY ($9,000.00 SUPP APPROP FR UNAPPROP BAL OF 7131 DOWNTOWN CANTON SPEC IMP DIST FUND TO 7131 801001 AUDITOR - ADMIN - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 107/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 11 is adopted. Ordinance #12, please. #12. (3RD RDG) ADOPTED AS ORDINANCE NO. 108/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($267,208.33 INTER-FUND TRF FR 1001 GENERAL FUND TO 1151 LAND REUTILIZATION AND NOTE FUND) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12 MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #12 Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 108/2018 PRESIDENT SCHULMAN: Thank you. Ordinance #12 is adopted. Ordinance 11, please. I’m sorry, 13. #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 109/2018 AN ORDINANCE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -297- MINUTES OF THE MEETING MAY 7, 2018 AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF TWO (2) SMALL SPORT UTILITY VEHICLES; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY PROCUREMENT AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY (BUILDING DEPT.) PRESIDENT SCHULMAN: Thank you. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ord..Ordinance 13. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 109/2018 PRESIDENT SCHULMAN: Motion carries. Ordinance 14 is adopted. Ordinance 15, please. CLERK DOUGHERTY: It’s Ordinance 14, sir. PRESIDENT SCHULMAN: I’m sorry, 14. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 110/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AND ENTER INTO CONTRACT FOR THE LEASE OF A CITY OWNED BUILDING AT 215 WEST TUSCARAWAS STREET FOR THE PURPOSES OF OPERATING A RESTAURANT/SNACK BAR; AND DECLARING THE SAME TO BE AN EMERGENCY (ARCADE CONEYS) PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #14. Any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -298- MINUTES OF THE MEETING MAY 7, 2018 NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER HAWK ABSTAINED) CLERK DOUGHERTY: Ten yeas, One Abstention, Mr. President. #14 ADOPTED AS ORDINANCE NO. 110/2018 PRESIDENT SCHULMAN: Thank you. Ordinance #14 is adopted. Ordinance 15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 111/2018 AN ORDINANCE AUTHORIZING THE CITY OF CANTON TO DESIGNATE PORTIONS OF UNITED STATES BIKE ROUTE 44 AND STATE BIKE ROUTE 85 IN CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #15. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 111/2018 PRESIDENT SCHULMAN: Thank you. Ordinance #15 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now turn to Announcement of Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT SCHULMAN: Yes, sir. MEMBER MORRIS: Finance will meet May 14that 6:30 P.M. PRESIDENT SCHULMAN: May 14th, thank you. MEMBER MARIOL: Mr. President. PRESIDENT SCHULMAN: Yes, sir. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -299- MINUTES OF THE MEETING MAY 7, 2018 MEMBER MARIOL: Judiciary will meet at the same time, same place. PRESIDENT SCHULMAN: Thank you, Member Mariol. Anyone else? CLERK DOUGHERTY: Environmental. Environmental, please. MEMBER FISHER: Environmental & Public Utilities, same time, same place. PRESIDENT SCHULMAN: Thank you. Anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under uh...Miscellaneous Business. Is there any Miscellaneous Business? MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Yes, sir. MEMBER HAWK: Thank you. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you, sir. Uh, I’d like to take an opportunity to thank Project Rebuild and some of our police officers and the Mayor, who came out last night...er, excuse me, Sunday afternoon. A beautiful sunny day to do some clean up work in Wards 1 and 2. Lt. Dennis Garren, Sgt. Eric Vanover, Anthony Jackson, John Eckelberry, Perry Thomas, Steve Jakupca, Jason Staten, and Lamar Sharpe all were out there helping. Out there, not only doing that patrolling to make our streets safer, at the same time, picking up trash, working and communicating with the neighborhood. Had some young football players out there, some good people from the community all cleaning up. It was a very good thing to see and I thank all of them. (Applause). PRESIDENT SCHULMAN: Thank you. Any other...er... MEMBER MINOR SMITH: Yes, Mr. President. PRESIDENT SCHULMAN: Yes ma’am. MEMBER MINOR SMITH: I would just like to announce that May is um...Mental Health Awareness Month, and just for all of us to be aware of the different resources that are available in our community, such as NAMI, the National Alliance on Mental Illness of Stark County, Coleman Behavioral Health, ComQuest, Phoenix Rising and the many others that serve our community everyday, and our constituents everyday. Thank you. PRESIDENT SCHULMAN: Thank you very much. Thank you. Anyone else? CLERK DOUGHERTY: Quote for the week: “If everyone is moving forward together, then success takes care of itself.” - Henry Ford COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -300- MINUTES OF THE MEETING MAY 7, 2018 PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Everybody have a safe evening, please. Meeting is adjourned. ADJOURNMENT TIME: 7:45 P.M. ATTEST: APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT