City Council
Regular MeetingCanton, OH · May 21, 2018
Minutes
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -315-
MINUTES OF THE MEETING MAY 21, 2018
PRESIDENT SCHULMAN: Good evening ladies and gentlemen, welcome to Canton City Council. It’s good
to see everybody, although there seems to be only about four people here, but that’s not bad. Uh, 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 & EDMOND MACK)
ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER MORRIS 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 Morris from tonight’s meeting.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: Member Morris is excused from this...is supposed to be excused 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: The motion carries and Member Mack is, er, sorry...
MEMBER SMITH: Morris...
PRESIDENT SCHULMAN: ...Member Morris is excused from this evening’s meeting. We’re now in
invocation...in...we have our invocation, going to be given by my good friend Robert Morris. Would you
please stand. (Error: President Schulman should have said Robert Fisher).
MEMBER SMITH: Fisher.
PRESIDENT SCHULMAN: I’ll get this right, eventually. (Laughter).
The regular meeting of Canton City Council was held on May 21, 2018 at 7:00 P.M. in the Canton City
Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The
invocation was given by Ward 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by
President Schulman.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -316-
MINUTES OF THE MEETING MAY 21, 2018
AGENDA CORRECTIONS & CHANGES
PRESIDENT SCHULMAN: Alright. Thank you. We’re under Agenda Corrections and Changes. Leader.
MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 11 through
13 to tonight’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading
Ordinances...let’s see...11 through 13. 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. The motion carries and those uh...Ordinances are a legal part of your
agenda.
PUBLIC HEARINGS
PRESIDENT SCHULMAN: Moving now to uh...Old Business. We have no Old Business...
CLERK DOUGHERTY: Public Hearings.
PRESIDENT SCHULMAN: We do have one Public Hearings. Would you read that?
CLERK DOUGHERTY: Mr. President, yes. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS
AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; 91 DIFFERENT TAX
PARCELS FROM I-1 TO OS, WARD 4; FROM R-4 TO CS, WARD 7, PLANNING COMMISSION
RECOMMENDED APPROVAL; CITY WIDE ZONING CHANGE.
PRESIDENT SCHULMAN: Thank you. This is before Council...this is uh...for Council later tonight. Any
remarks? Um, anybody have any remarks? Seeing none, I’ll say that one more time. Anybody have any
complaints or wants to comment on this (Inaudible) tonight? Any remarks?
MAN IN AUDIENCE: Where we signed up?
PRESIDENT SCHULMAN: Pardon me?
MAN IN AUDIENCE: Where we signed up to speak.
PRESIDENT SCHULMAN: No.
CLERK DOUGHERTY: No, that’s not yet.
PRESIDENT SCHULMAN: Not yet. So, that would conclude that. These will be heard later in this
evening’s...uh...will be heard later.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -317-
MINUTES OF THE MEETING MAY 21, 2018
OLD BUSINESS
PRESIDENT SCHULMAN: We now go to Old Business. Do we have any Old Business? Pardon. Okay, we
have...
PUBLIC SPEAKS
PRESIDENT SCHULMAN: Now we turn to Public Speaks. We have three speakers tonight. Our first speaker
is James Huffer?
JAMES WOOFTER: That’s close.
PRESIDENT SCHULMAN: Well, I’m sorry.
JAMES WOOFTER: That’s okay.
PRESIDENT SCHULMAN: I apologize.
JAMES WOOFTER: I’m your neighbor, but it’s Jim Woofter, W-o-o-f-t-e-r.
PRESIDENT SCHULMAN: Well, see, that’s the problem! (Laughter). Sorry Jim.
JAMES WOOFTER: Well, I’m trying to sell your house for you, so...
PRESIDENT SCHULMAN: Good.
JAMES WOOFTER: First of all, I’d like to address the young people over here, just so you’re aware...boarding
house, whatever. 1966 I get out of the Marine Corps, I go to work at Timken. There’s six boarding houses in a
five block area. Timken would not have survived without those boarding houses. Those people would come in
on Sunday night from West Virginia, work the full week, head back to West Virginia with their paychecks.
But without the boarding houses, Timken would have been deep doodoo.
PRESIDENT SCHULMAN: Before you continue, may I get your name and address please, for the record.
JAMES WOOFTER: Okay, Jim...James F. Woofter, W-O-O-F as in Frank, T-E-R. 1467 15th St. NW.
PRESIDENT SCHULMAN: Thank you very much.
JAMES WOOFTER: Right around the corner.
PRESIDENT SCHULMAN: Gotcha. Go ahead, sorry.
JAMES WOOFTER: I’m glad I came tonight, and I’m glad I came to the early meeting. It was nice to know
that if I receive a letter from our Law Department telling me to cease and desist, I can just pitch it because
nobody’s going to do anything about it. I mean, I’ll do things for four to six months, illegal, because that’s
what the letter says that I’m doing, but yet City Council won’t vote on the measure and they’re just going to let
it ride, and I’m talking AirBnB, that’s what I’m talking about, sir. I’ve been involved in that neighborhood for
forty-one years, trying to keep the neighborhood together, trying to keep the neighbors happy, kinda...trying to
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -318-
MINUTES OF THE MEETING MAY 21, 2018
keep the homes kept up to date, but yet, I really shouldn’t be doing that because somebody’s going to walk in
and all of a sudden have an AirBnB and do what the heck they want to do. And to me, R-1...Residential 1, is
what it means, single family homes. I hope you people take this...this into consideration. It just blows my
mind that you wouldn’t vote it down tonight and then next week put it back on the agenda to send it
uh...whoever it’s got to go. So, I’m saying good luck to ya, and I, I hope you come up with the right decision.
But my faith is...is failing.
PRESIDENT SCHULMAN: Thank you sir, very much. Appreciate it. Our next speaker is Marjorie Burkhart.
Ms. Burkhart, good evening, welcome to Canton City Council. If you’ll give us your name and residential
address, please.
MARJORIE BURKHART: First I have a copy that I’d like to pass out to everyone.
PRESIDENT SCHULMAN: Sure.
MAN IN AUDIENCE: Marjorie, you go ahead and do that, I’ll do that.
PRESIDENT SCHULMAN: Don’t forget to give us your name and your residential address, please.
MARJORIE BURKHART: My name is Marjorie Burkhart. My address is 1253 11th St. NW in Canton. I live
directly across from the home at 1258 11th St. NW, which appeared as an AirBnB in the Canton Repository on
April 9th, this year. We, the neighbors feel that we have been totally blind-sided. No one ever expected that
and no one ever told us about that. I am here this evening, representing fifty-seven people in the Westpark
neighborhood who have signed a petition requesting the R-1a zone for single family residences be upheld.
That no business be allowed to supercede this ordinance, meaning no exceptions allowed. I have presented this
petition to our future chairman of the Judiciary Committee, John Mariol, this evening, of which you all have
received a copy now. We are asking each of you, as our representatives in Canton, on the City Council here, to
support us on this issue as we strongly believe that the single family residences contribute to the stability in our
city. I’ve heard prior to this that you want the city the best, this family residential area is very important for
that because we financially pay our taxes, we help with our jobs, we help one another in our communities, and
we also support and contribute to our community organizations. Therefore, please retain the zone R-1a as
single family residences with no business and no exceptions in our Westpark neighborhood. We appreciate the
respect and support in this manner, and I thank you. Having listened to the committee meeting, some of you
have no experience with what goes on in these said places. AirBnB is a rooming house. It’s definitely a
rooming house. They rent it to people for transient situations as well as I have personally experienced, they
rent it for long-term experiences. I know for a fact that least (Inaudible), I know for fact the person was paying
that, okay? Here, we see out of state license plates. We see all kinds of things and we are also concerned that
our children are at risk and our families are at risk, not knowing who comes in and out of this city. We already
have had solicitors, we’ve already had um...drug situations, break-ins in our very block. I was one whose home
was bought...broken into. And so, we have great concern for this. Basically, people come in from out of town,
they own the homes, and they are not people who have contributed to the city for years, such as the neighbors
who have signed these petitions have lived here years and are very concerned for the transition. Thank you
very much.
PRESIDENT SCHULMAN: Thank you very much. Thank you.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -319-
MINUTES OF THE MEETING MAY 21, 2018
MARJORIE BURKHART: You’re welcome.
PRESIDENT SCHULMAN: Our next speaker is Don Joliat. Good evening sir, welcome to Canton City
Council. If you’ll give us your name and residential address, please.
DON JOLIAT: I’m Don Joliat. I live at 1245 11th St. NW in Canton. I have a question. I wasn’t here earlier, I
was told that you talked about what zoning you’re allowed to have and what you’re not. No place can I find
exactly how single family zoning is defined, other than “single family zoning.” It doesn’t say what you’re
allowed, it doesn’t say what you’re not allowed. I’d like to have that explained. Thank you.
PRESIDENT SCHULMAN: Sorry, sir?
DON JOLIAT: I would like to have that explained, what the...just exactly what you’re allowed to do, what
you’re not allowed to do in single family zoning.
PRESIDENT SCHULMAN: Sorry, that’s what I thought you said, but this is just a...
DON JOLIAT: Yeah, it’s...I’m waiting for an explanation.
PRESIDENT SCHULMAN: Well, you’ll get it as we get it. Thanks you. Anything else?
DON JOLIAT: No, that’s it.
PRESIDENT SCHULMAN: Okay. Thank you sir. Thank all the speakers uh...for sharing their information.
INFORMAL RESOLUTIONS
PRESIDENT SCHULMAN: We’re now under Informal Resolutions. We have one this evening. If you’ll, Mr.
Clerk, if you’ll give us Informal Resolution, uh....
#42. COUNCIL-AS-A-WHOLE: COMMENDING WARD 8 COUNCIL MEMBER, EDMOND MACK,
FOR HIS YEARS OF PUBLIC SERVICE. - ADOPTED.
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #42.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Informal Resolution 42. Any
remarks?
MEMBER SMITH: Yes, can we have that read, please.
PRESIDENT SCHULMAN: Yes, please.
CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Canton City Council on this 21st
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -320-
MINUTES OF THE MEETING MAY 21, 2018
day of May, 2018. Whereas, Graduating from Minerva High School, Edmond James Mack went on to receive
his undergraduate degree from Kent State University cum laude with a Bachelor of Arts in philosophy and
history. He received his law degree from the University of Akron School of Law cum laude, and was admitted
to the Bar in 2007; and Whereas, Recognized for his work in civil litigation and oral advocacy, Edmond is
currently a partner with the law firm of Tzangas Plakas Mannos Ltd. where he has successfully represented
corporations, municipalities and individuals in a wide range of disputes; and Whereas, Edmond’s outstanding
achievements include being recognized as an Ohio Rising Star for the years 2010 through 2018 by Super
Lawyers Rating Service, receiving a 10.0 Top Attorney rating from Avvo Legal Services, and being recognized
by the Canton Regional Chamber of Commerce ystark! and the Canton Repository as one of Stark County’s
Top Twenty Under Forty Young Professionals for 2014; and Whereas, Edmond’s civic excellence is also
reflected through his service on the Board of Trustees of the Stark County District Library and the Stark
County Association for Justice. He is also a member of the Ohio Association of Justice, the Stark County,
Akron, Ohio and American Bar Associations, the Kent State University Alumni Board, the NAACP and the
Ohio ACLU; and Whereas, in January 2012 Edmond took office as Canton City Councilman for Ward 8
where his dedicated public service continued. Edmond was instrumental in the creation of the DORA and
medical marijuana legislation, as well as the lighting project in the Santa Clara neighborhood, the Gervasi
trailhead, Market Square development, and the Comprehensive Plan. He was also a strong proponent of the
Issue 13 income tax initiative. During his Council tenure, Edmond served as Chairman of the Judiciary
Committee and active member of the Comprehensive Plan Steering Committee, and Whereas, Edmond is
currently engaged to marry Miss Julie Jakmides on July 7, 2018, and is the proud parent of daughter, Isabella.
Now Therefore Be It Resolved: That we, the Members of Canton City Council, do hereby honor and
commend Councilman Edmond James Mack for his commitment and devotion to public service, his
contributions to the legal profession, and his outstanding accomplishments on behalf of the greater Canton
community. Congratulations to Edmond Mack. (Applause).
PRESIDENT SCHULMAN: All those in favor, signify by saying aye. Those opposed no. No.
NO REMARKS RESOLUTION #42 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SCHULMAN: The ayes have it. The motion carries.
MEMBER SMITH: Mr. Mack, on behalf of the entire Council, we thank you so very much for your dedication.
You and I may have gotten off on the wrong foot in the beginning, but at the end, we stayed on the right foot.
And I appreciate you, I really do. I appreciate all that...we stayed in touch with...with the Income Tax. Thank
you for all that you do. We look forward to whatever your future is going to bring. Best wishes and good luck.
(Applause).
MEMBER MACK: Thank you to everyone. All of my friends, I appreciate it. I am going to miss you all. You
guys were such a joy to...to learn from, to serve with, and I’m...I’m really looking forward to all that you’re
going to do in the future. I...every...every one of you I know, and I know you well, care so much about this city
and it’s been a...a real fulfilling experience serving with you. So, looking forward to reading about you in the
paper! (Laughter). Thank you. (Applause).
PRESIDENT SCHULMAN: Well, you’re going to be very much missed. Thank you. But I know you’ll stick
around. Sure you’ll have some other things to comment upon. Uh...We’re now um...yes.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -321-
MINUTES OF THE MEETING MAY 21, 2018
MAYOR BERNABEI: If I may, it’ll just...on behalf of the Administration and...and on my own behalf, I do
want to thank Edmond Mack. He did many, many legal things to assist the city that were not a part of his job
as a Councilman. I thank him for his work and dedication to his Ward, and the City Council as Judiciary
Chairman, and I especially thank him for his work from day one on the Comprehensive Plan. He’s been a
member of our Steering Committee. He will be difficult to replace, but we will need someone from City
Council to replace him. He worked diligently on the ballot language and on other legal issues associated with
Issue 13, as well as being a strong supporter. I look forward to calling upon you and asking you, as a citizen-
neighbor, to come back and help us with our many needs and I truly appreciate all of your work. Thank you.
(Applause).
PRESIDENT SCHULMAN: Boy, we’re going to miss you, but we’ll see you, I’m sure, soon. Probably
uh...what time is it? I think we’ll be having a drink later! (Laughter). Thank you, Edmond, for all that you’ve
done. I mean it. Anyone else? Okay...
MEMBER MARIOL: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER MARIOL: I was going to wait until Miscellaneous Business, but, we’ll do it now. Um, you know
six years ago, actually this month, I was appointed. And when I was appointed, then Chairman, Randy
Gonzalez, told me he would recommend reaching out to Edmond Mack, a young person that might be good to
team up with. And from that point we have been a team. And usually, I know I don’t say this, if one of us is
supporting something, you’re probably going to get the other one. Over these six years, and this is something
that has been really exciting, especially with the Issue 13, this Council, six years ago, there was no Onesto, no
Hercules, no DORA, no Market Square plans, no Issue 13, and Edmond and I have talked about this, being
young, working with all of you, um...t’s been amazing, what’s been accomplished. And, from my standpoint,
Edmond has been such a vital part of that, because of your legal expertise, your commitment, you know, uh...a
lot of those things happened or were as big of an impact because of your service. So, I can say, very
confidently, that Ward 8 has probably never had a finer Councilman and I’ve never had a finer friend, so, it’s
been a pleasure serving with you and I wish you the best. (Applause).
PRESIDENT SCHULMAN: Anyone else? Alright. Well, thank you for your service. I know you’re going to
be around, so. I know you’re going to be around because we’re going to have a drink later.
COMMUNICATIONS
PRESIDENT SCHULMAN: So, okay, with that said we are 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
21, 2018.
225. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE,
RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR TIMELY
EXPENDITURE OF COMMUNITY DEV BLOCK GRANT PROG FUNDS (NO SINGLE AWARD
TO EXCEED $500,000 FOR COMMUNITY DEV ELIGIBLE ACTIVITIES BENEFITTING LOW
AND MODERATE INCOME FAMILIES); AUTHORIZE MAYOR OR SERV DIR TO
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -322-
MINUTES OF THE MEETING MAY 21, 2018
ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY
FOR TIMELY EXPENDITURE OF EMERGENCY SOLUTIONS GRANT PROG FUNDS (NO
SINGLE AWARD TO EXCEED $200,000 FOR HOMELESS PREVENTION ACTIVITIES
BENEFITTING VERY LOW INCOME FAMILIES); AUTHORIZE MAYOR AND/OR SERV DIR
TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS
NECESSARY FOR TIMELY EXPENDITURE OF HOME INVESTMENT PARTNERSHIP PROG
FUNDS (NO SINGLE AWARD TO EXCEED $500,000 FOR PROVIDING HOUSING
ACTIVITIES BENEFITTING LOW AND MODERATE INCOME FAMILIES). - COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE
226. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR TO SUBMIT CITY’S 2018 ANNUAL
ACTION PLAN TO US DEPT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND TO
ACCEPT AND EXECUTE GRANT AGMTS WITH HUD FOR 2018 PROG YR. - COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE
227. FINANCE DIRECTOR CROUSE: REQ $349,722.22 INTER-FUND TRF FR 1001 GENERAL
FUND TO 1154 HOF VILLAGE PROJ FUND AND $31,162.22 SUPP APPROP FR UNAPPROP
BAL OF 1154 HOF VILLAGE PROJ FUND TO 1154 201001 SERVICE DIRECTOR ADMIN -
OTHER). - FINANCE COMMITTEE
228. FINANCE DIRECTOR CROUSE: REQ $183,025.00 SUPP APPROP FR UNAPPROP BAL OF
2530 PARK OPERATING AND SPEC REV FUND TO 2530 401052 PARKS REC PROG - OTHER
FOR $69,000.00, TO 2530 401060 SPECIAL PARK FUNDS - OTHER FOR $29,025.00, AND TO
2530 401090 PARK REDEVELOPMENT - OTHER FOR $85,000.00. - FINANCE COMMITTEE
229. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER
INTO CHANGE ORDER/CONTRACT AMENDMENT NO. 2 IN AMT OF $21,168.00 FOR
PURCHASE OF 378 MICROSOFT HOSTED EXCHANGE, GFI ARCHIVER LICENSES AND ALL
APPLICABLE SUPPORT; REQ $21,168.00 SUPP APPROP FR 1001 GENERAL OPERATING
(UNAPPROP BAL) TO 1001 504010 INFORMATION TECHNOLOGY MANAGER (OTHER);
AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE
COMMITTEE
230. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND
WATER MAIN TO WICKER CREEK NO. 4 AND NO. 5 LOCATED IN PLAIN TWP;
AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL AGMTS,
INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID WATER MAIN EXTENSION;
AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. -
ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE
231. SERVICE DIRECTOR HIGHMAN: RATIFY PAYMENT OF MORAL OB FOR EMERGENCY
HIGH SERVICE PUMP MOTOR REPAIR AT NORTHEAST WATER TREATMENT PLANT
PURSUANT TO CODIFIED ORDINANCE SEC 105.04; AMEND APPROP O#64/2018 WITH
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -323-
MINUTES OF THE MEETING MAY 21, 2018
$26,472.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207012
PUMPING MAINTENANCE - OTHER; AUTHORIZE AUDITOR TO PAY MORAL OB TO
HANNON ELECTRIC CO FOR AMT NOT TO EXCEED $6,472.00; AUTHORIZE AUDITOR TO
DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE
232. STARK CTY COMMISSIONERS: REQ ANNEX OF 1.896 ACRES, MORE OR LESS, IN PLAIN
TWP TO CITY OF CANTON (44TH ST NE). - PLANNING COMMISSION
233. TREASURER PEREZ: RPT OF 4/30/18 BANK RECONCILIATIONS AND CITY’S
OUTSTANDING INVESTMENTS AS OF 4/30/18. - RECEIVED & FILED
234. TREASURER PEREZ: AMEND SEC 182 OF CANTON CODIFIED ORDINANCES AS
MANDATED BY ISSUE 13; AMEND O#64/2018 TO PROVIDE FUNDING FOR TAXPAYER
EDUCATION AND ASSISTANCE IN TERMS OF TAX RATE INCREASE. - JUDICIARY
COMMITTEE
235. VICTORY SQUARE MGMT: ADVISE OF PLANS TO BE GENERAL PARTNER OF 81 UNIT
RESIDENTIAL RENTAL DEVELOPMENT AT 1206 LIPPERT RD NE. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SCHULMAN: We are now under First Reading Ordinances, Ordinances for their First
Reading. Mr. Clerk...
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ
ORDINANCES #1 THROUGH #10 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY
STATE LAW, AS FOLLOWS:
#1. (1ST RDG) PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION
NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $500,000.00 FOR THE PURPOSE OF PAYING
THE COSTS OF REVITALIZATION WITHIN THE CITY AND ADDRESSING
PROPERTY CONDITIONS THAT ARE DELETERIOUS TO THE PUBLIC
HEALTH AND SAFETY THROUGH THE DEMOLITION OF
DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE
SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN
THE CITY
Referred to Finance Committee
#2. (1ST RDG) AN ORDINANCE PROVIDING FOR THE ISSUANCE OF A NOTE BY THE
CITY OF CANTON IN ANTICIPATION OF THE COLLECTION AND
PAYMENT OF INCOME TAXES, GENERAL PROPERTY TAXES, AND
MISCELLANEOUS OTHER SOURCES TO THE CITY OF CANTON IN AN
AMOUNT OF ISSUANCE NOT TO EXCEED $2,000,000.00; DECLARING
THE NECESSITY OF THE ISSUANCE OF SAID NOTE PROCEEDS WHICH
WILL BE USED FOR THE PAYOFF OF A PREVIOUSLY EXISTING NOTE;
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -324-
MINUTES OF THE MEETING MAY 21, 2018
AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
#3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ($5,000.00 APPROP
TRF FR 2799 701001 JUSTICE REINVESTMENT PRETRIAL GRANT FUND -
PERSONNEL TO 2799 701001 JUSTICE REINVESTMENT PRETRIAL
GRANT FUND - OTHER)
Referred to Finance Committee
#4. (1ST RDG) AN ORDINANCE AUTHORIZING DISSOLVING THE ROAD
RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 280871,
280872, 280873, AND 284986; AND AUTHORIZING THE MAYOR OR
DIRECTOR OF PUBLIC SERVICES TO TRANSFER THE SAME, NO
LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON
COMMUNITY IMPROVEMENT CORPORATION FOR SUBSEQUENT
TRANSFER TO THE REFUGE OF HOPE MINISTRIES; AND DECLARING
THE SAME TO BE AN EMERGENCY
Referred to Community & Economic Development Committee
#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO NEGOTIATE AND EXECUTE AN EASEMENT OVER TAX
PARCEL 280840 TO STINGRAY VENTURES LLC THAT WILL HAVE NO
FORCE AND EFFECT UNLESS THE SURROUNDING PROPERTIES ARE
EFFECTIVELY ACQUIRED BY STINGRAY VENTURES, LLC; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Environmental & Public Utilities Committee
#6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO CONTRACT AMENDMENTS WITH STARK
COUNTY COMMUNITY ACTION AGENCY FOR $50,000.00 FOR
ENRICHMENT & ACADEMIC MENTORING AND $30,000.00 FOR
EMPLOYMENT READINESS TRAINING; AND DECLARING THE SAME TO
BE AN EMERGENCY
Referred to Community & Economic Develoopment Committee
#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE HIRING OF MR. JAMES BENEKOS
AT A SALARY OF $88,888 ANNUALLY WITH TEN DAYS OF VACATION
IN 2018 AND FIFTEEN DAYS VACATION FOR EACH YEAR THEREAFTER,
UNTIL HIS CITY ACCRUED TIME CORRELATES WITH THE APPLICABLE
CITY VACATION SCHEDULE; AND DECLARING THE SAME TO BE AN
EMERGENCY (WATER DEPT FACILITIES ENGINEER)
Referred to Personnel Committee
#8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -325-
MINUTES OF THE MEETING MAY 21, 2018
SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, EXECUTE A
CONSTRUCTION CONTRACT AND ENTER INTO AGREEMENT(S) FOR
AND TO RECEIVE GRANT FUNDS IN THE AMOUNT OF $890,064.00 AND
LOAN FUNDS IN THE AMOUNT OF $509,566.00 FROM THE OHIO PUBLIC
WORKS COMMISSION FOR THE 47TH ST. NW STORM SEWER REPAIR
PROJECTS, GP 1241 & GP 1198; AUTHORIZING THE AUDITOR TO
CREATE THE 4585 47TH ST. NW/PACKARD AVE. NW 78-IN STORM
SEWER REPAIR PROJECT, G.P. 1198 AND 4586 47TH ST. NW STORM
SEWER REPAIR PROJECT, GP 1241 FUNDS; AMENDING APPROPRIATION
ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN
EMERGENCY ($896,770.00 SUPP APPROP FR UNAPPROP BAL OF 4585
47TH ST NW/PACKARD AVE NW 78-IN STORM SEWER REPAIR PROJ, GP
1198 FUND TO 4585 202052 47TH ST NW/PACKARD AVE NW 78-IN STORM
SEWER REPAIR PROJ, GP 1198 - OTHER; $502,860.00 SUPP APPROP FR
UNAPPROP BAL OF 4586 47TH ST NW STORM SEWER REPAIR PROJ, GP
1241 FUND TO 4586 202053 47TH ST NW STORM SEWER REPAIR PROJ, GP
1241 - OTHER)
Referred to Public Property Capital Improvement Committee
#9. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO AN AGREEMENT WITH THE EAST OHIO GAS
COMPANY D/B/A DOMINION ENERGY OHIO FOR THE RELOCATION OF
EXISTING LINES; AMENDING APPROPRIATION ORDINANCE NO.
64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
($380,771.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD
CORRIDOR PROJ, GP 1103 FUND TO 4566 202079 MAHONING RD
CORRIDOR PROJ, GP 1103 - OTHER)
Referred to Environmental & Public Utilities and Public Property Capital
Improvement Committee
#10. (1ST RDG) AN ORDINANCE DECLARING CERTAIN PROPERTY NO LONGER
NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZING ITS BID FOR
SALE; AND DECLARING THE SAME TO BE AN EMERGENCY (STEAM
LOCOMOTIVE AND TENDER)
Referred to Public Property Capital Improvement Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SCHULMAN: Thank you. We’re now under Ordinances and Formal Resolutions for their
Second Reading...Reading. Leader. I’ll get this right, eventually. My friend...
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ
ORDINANCES #11 THRU #13 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY
STATE LAW, AS FOLLOWS:
#11. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1123, DEFINITIONS OF TITLE
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -326-
MINUTES OF THE MEETING MAY 21, 2018
FIVE AND AMENDING CHAPTER 1141, R-4 MULTI-FAMILY
RESIDENTIAL DISTRICT OF TITLE SEVEN OF THE CODIFIED
ORDINANCES OF THE CITY OF CANTON
PUB HRG 6/4/18 @ 7:00 P.M.
#12. (2ND RDG) AN ORDINANCE AUTHORIZING THE DISCHARGE OF THE DEMOLITION
LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON THE PROPERTY
KNOWN AS PARCEL NO. 226346; AND DECLARING THE SAME TO BE AN
EMERGENCY
#13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH
THE THRASHER GROUP FOR DESIGN OF THE SITE MASTER PLAN FOR
THE CANTON WATER DEPARTMENT’S DISTRIBUTION SHOP;
AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND
DECLARING THE SAME TO BE AN EMERGENCY ($49,920.00 SUPP
APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207022
WATER DISTRIBUTION - OTHER)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SCHULMAN: Thank you. We are now under Ordinances and Formal Resolutions for their
Final Reading and vote. Leader. Oh, sorry.
NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #14 THROUGH #19 FOR THE THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS:
#14. (3RD RDG) #14 ADOPTED AS ORDINANCE NO. 116/2018 AN ORDINANCE
AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE
CITY OF CANTON ZONING ORDINANCE, AND DECLARING THE SAME
TO BE AN EMERGENCY (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.
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #14.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks?
Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -327-
MINUTES OF THE MEETING MAY 21, 2018
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#14 ADOPTED AS ORDINANCE NO. 116/2018
PRESIDENT SCHULMAN: Motion carries. Ordinance #14 is adopted...er... adopted. Ordinance #15,
please.
#15. (3RD RDG) #15 ADOPTED AS ORDINANCE NO. 117/2018 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)
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. 117/2018
PRESIDENT SCHULMAN: Motion carries, and Ordinance 15 is adopted. Ordinance 16, please.
#16. (3RD RDG) #16 ADOPTED AS ORDINANCE NO. 118/2018 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)
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #16.
MEMBER BABCOCK: Second.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -328-
MINUTES OF THE MEETING MAY 21, 2018
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15...16. Any
remarks? Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#16 ADOPTED AS ORDINANCE NO. 118/2018
PRESIDENT SCHULMAN: Motion carries. Ordinance 16 is adopted. Ordinance 17, please.
#17. (3RD RDG) #17 ADOPTED AS ORDINANCE NO. 119/2018 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)
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #17.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #17. Any remarks?
Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 10 YEAS, 1 ABSTENTION
(MEMBER MINOR SMITH ABSTAINED)
CLERK DOUGHERTY: Ten yeas, one abstention, Mr. President.
#17 ADOPTED AS ORDINANCE NO. 119/2018
PRESIDENT SCHULMAN: Thank you, the motion carries, and Ordinance #17 is adopted. Ordinance 18,
please.
#18. (3RD RDG) #18 ADOPTED AS ORDINANCE NO. 120/2018 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
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -329-
MINUTES OF THE MEETING MAY 21, 2018
$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 ($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)
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #18.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Are there any
remarks? Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#18 ADOPTED AS ORDINANCE NO. 120/2018
PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance 18 is adopted. Ordinance 19, please.
#19. (3RD RDG) #19 ADOPTED AS ORDINANCE NO. 121/2018 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)
PRESIDENT SCHULMAN: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #19.
MEMBER BABCOCK: Second.
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -330-
MINUTES OF THE MEETING MAY 21, 2018
PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks?
Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#19 ADOPTED AS ORDINANCE NO. 121/2018
PRESIDENT SCHULMAN: Thank you. Motion carries, Ordinance 19 is adopted, and that concludes our
uh...Resolutions.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SCHULMAN: We’re now under Announcement of Committee Meetings. Is there any? Are
there any?
MEMBER MARIOL: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER MARIOL: Finance will meet June 4th at 6:30
PRESIDENT SCHULMAN: Thank you.
MEMBER BABCOCK: Mr. President. Personnel, same time, same place.
MEMBER HALL: Finance, same time, same place.
MEMBER MINOR SMITH: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER MINOR SMITH: Community & Economic Development will meet on June 4th, 2018 at 6:30.
Thank you.
MEMBER SCAGLIONE: Mr. President.
PRESIDENT SCHULMAN: Yes.
MEMBER SCAGLIONE: Public Property Capital Improvement, same time, same place.
PRESIDENT SCHULMAN: Great, thank you. Anyone else?
MEMBER FISHER: (Inaudible) Mr. President. Environmental & Public Utilities, same time, same place.
PRESIDENT SCHULMAN: Thank you. Anyone else?
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -331-
MINUTES OF THE MEETING MAY 21, 2018
MISCELLANEOUS BUSINESS
PRESIDENT SCHULMAN: We’re now to move uh...to Miscellaneous Business. Is there any?
MEMBER SMUCKLER: Mr. President. First of all, on the DORA issue...uh...not the DORA issue, the
AirBnB issue. Um, As I understand this, and let the Law Director correct me if this is...this will come up
for, before Council two weeks from now. Is that correct?
PRESIDENT SCHULMAN: Is that correct?
LAW DIRECTOR AYLWARD: Yes. What you will be doing is to choose whether to vote yes or no on
what the Planning Commission has sent to you or to vote to send it back to the Planning Commission.
Those will be your choices.
MEMBER SMUCKLER: Okay, that’s what I thought. And, I know you were asked tonight, about the
single family. Are you prepared to give that answer?
LAW DIRECTOR AYLWARD: That’s a very long answer because there’s actually R-1, R1-a, R1-b. It all
depends on single famin...family and the density on homes per acre. So, there’s actually a very long list of
regulations to present ourselves...
MEMBER SMUCKLER: When you do that, (Inaudible) in Committee Meetings, will you please make
sure that everybody understands that this does not do away with um...rental properties, themselves. That
rental properties still...still can be in these zoned issues.
LAW DIRECTOR AYLWARD: Correct. This doesn’t have anything to do with...
MEMBER SMUCKLER: I understand that, but I think some people that are coming down here think that
because you’re single family, that it’s all owner occupied. I would like them...I don’t want them to be mad
at City Council, I want them to understand that this also includes rental properties, and when you give this
information out, will you please outline in there that it has to be for thirty days or longer, according to
what you told me before.
LAW DIRECTOR AYLWARD: I can have a short presentation for the next meeting on our zoning
regulations as they currently exist.
MEMBER SMUCKLER: I think that would be great. Uh, Member Mack, I do want to say one thing, and
um, what I heard from that whole Resolution was DORA, Medical Marijuana, and Ballot Language.
You’ve pulled a political coup off because you got drinking, getting high and increasing taxes all in one
fell swoop! (Laughter). What I want to say is thank you, on my behalf, because besides showing me the
respect of having some historical perspective down here, you have been instrumental in getting things off
the ground down here. And I think that’s been a godsend to some of us who have been looking for years
to get something off the ground here. And the most amazing part, you’ve done this with is, you’ve done it
with mostly no money. And that is truly amazing. I thank you, Edmond. (Applause).
PRESIDENT SCHULMAN: Anyone else?
CLERK DOUGHERTY: Majority Leader Smith, in light of the presentation by the Law Department,
should we go to 6:15?
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -332-
MINUTES OF THE MEETING MAY 21, 2018
MEMBER SMITH: Let’s go to 6:15.
CLERK DOUGHERTY: Thank you.
PRESIDENT SCHULMAN: 6:15?...
CLERK DOUGHERTY: 6:15 for the Law Department presentation the same night.
PRESIDENT SCHULMAN: Very good. Anyone else? We’re going to really miss you, Edmond, that’s
all I can say. We are going to have a drink soon, so that’s a good thing.
CLERK DOUGHERTY: I’ve got my quote.
PRESIDENT SCHULMAN: Pardon me? Yes, I would love to hear the quote, please.
CLERK DOUGHERTY: Quote for the week, from George Burns. Some of you young Councilmen
probably don’t know who I’m talking about. (Laughter). “Happiness is having a large, loving, caring,
close-knit family - in another city.” (Laughter)!
PRESIDENT SCHULMAN: Okay. That was...(Laughter).
CLERK DOUGHERTY: George!
PRESIDENT SCHULMAN: He may still be alive, actually! Okay, go ahead. Thank you. Uh...
MEMBER SMITH: Meeting adjourn.
MEMBER BABCOCK: Second.
PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn the meeting.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
PRESIDENT SCHULMAN: Thank you, motion carries. Meeting is adjourned. Safe travels, everyone,
thank you.
ADJOURNMENT TIME: 7:40 P.M.
ATTEST: MAY 23, 2018 APPROVED:
DAVID R. DOUGHERTY ALLEN SCHULMAN
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM MAY 21, 2018
ROLL CALL: Eleven Mem bers Present
M OTION TO EXCUSE M EM BERS: Mem ber Morris Absent
INVOCATION: Robert Fisher, W ard 5 Council Mem ber
PLEDGE OF ALLEGIANCE: President Schulm an
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#11 - O#13)
PUBLIC HEARINGS:
7:00 PM AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOW N AS THE CITY OF CANTON
ZONING ORDINANCE; PLANNING COMMISSION RECOMMENDED APPROVAL; CITY W IDE ZONE CHANGE,
HARVARD AVE NW @ RT 62 (PARCELS 284873, 280680, 280678, FROM R-4 TO CS, W ARD 7); 1700
BLOCKS OF IRA TURPIN W AY NE, BLECKER PL NE, 10 TH ST NE, IRW IN PL NE, BERGER PL NE, PETRO PL
NE, 9 TH ST NE - FR IRA TURPIN W AY NE TO 9 TH ST NE AND FR ROSS AVE NE TO THE MIDDLE BRANCH
OF NIMISHILLEN CREEK (91 DIFFERENT TAX PARCELS, FROM I-1 TO OS, W ARD 4)
(NO SPEAKERS) O#116/2018
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Jam es W oofter expressed concern that at this point the AirBNB’s can do whatever they
want and Council can do nothing. He cares about the neighborhoods, and asked Council to take that into consideration and
vote against the zone change. Marjorie Burkhart circulated a petition signed by residents of the W est Park Com m unity who are
against the AirBNB’s. She stated that they want the R-1 zoning designation to be upheld with no exceptions, and asked for
Council’s support. Don Joliat requested an explanation of the definition of single fam ily zoning.
INFORM AL RESOLUTIONS:
42. COUNCIL-AS-A-W HOLE: COMMENDING W ARD 8 COUNCIL MEMBER, EDMOND MACK, FOR
HIS YEARS OF PUBLIC SERVICE. - ADOPTED
COM M UNICATIONS:
225. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE
BIDS, AW ARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR
TIMELY EXPENDITURE OF COMMUNITY DEV BLOCK GRANT PROG
FUNDS (NO SINGLE AW ARD TO EXCEED $500,000 FOR COMMUNITY
DEV ELIGIBLE ACTIVITIES BENEFITTING LOW AND MODERATE
INCOME FAMILIES); AUTHORIZE MAYOR OR SERV DIR TO
ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO ALL
CONTRACTS NECESSARY FOR TIMELY EXPENDITURE OF
EMERGENCY SOLUTIONS GRANT PROG FUNDS (NO SINGLE
AW ARD TO EXCEED $200,000 FOR HOMELESS PREVENTION
ACTIVITIES BENEFITTING VERY LOW INCOME FAMILIES);
AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE
BIDS, AW ARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR
TIMELY EXPENDITURE OF HOME INVESTMENT PARTNERSHIP
PROG FUNDS (NO SINGLE AW ARD TO EXCEED $500,000 FOR
PROVIDING HOUSING ACTIVITIES BENEFITTING LOW AND
MODERATE INCOME FAMILIES). - COMMUNITY & ECONOMIC
DEVELOPMENT COMMITTEE
226. DEPUTY MAYOR W ILLIAMS: AUTHORIZE MAYOR TO SUBMIT CITY’S 2018 ANNUAL ACTION PLAN
TO US DEPT OF HOUSING AND URBAN DEVELOPMENT (HUD) AND
TO ACCEPT AND EXECUTE GRANT AGMTS W ITH HUD FOR 2018
PROG YR. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
227. FINANCE DIRECTOR CROUSE: REQ $349,722.22 INTER-FUND TRF FR 1001 GENERAL FUND TO
1154 HOF VILLAGE PROJ FUND AND $31,162.22 SUPP APPROP FR
UNAPPROP BAL OF 1154 HOF VILLAGE PROJ FUND TO 1154 201001
SERVICE DIRECTOR ADMIN - OTHER). - FINANCE COMMITTEE
228. FINANCE DIRECTOR CROUSE: REQ $183,025.00 SUPP APPROP FR UNAPPROP BAL OF 2530 PARK
OPERATING AND SPEC REV FUND TO 2530 401052 PARKS REC
PROG - OTHER FOR $69,000.00, TO 2530 401060 SPECIAL PARK
FUNDS - OTHER FOR $29,025.00, AND TO 2530 401090 PARK
REDEVELOPMENT - OTHER FOR $85,000.00. - FINANCE COMMITTEE
229. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE
ORDER/CONTRACT AMENDMENT NO. 2 IN AMT OF $21,168.00 FOR
PURCHASE OF 378 MICROSOFT HOSTED EXCHANGE, GFI
ARCHIVER LICENSES AND ALL APPLICABLE SUPPORT; REQ
$21,168.00 SUPP APPROP FR 1001 GENERAL OPERATING
(UNAPPROP BAL) TO 1001 504010 INFORMATION TECHNOLOGY
MANAGER (OTHER); AUTHORIZE AUDITOR TO DRAW W ARRANTS
UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE
230. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND W ATER MAIN
TO W ICKER CREEK NO. 4 AND NO. 5 LOCATED IN PLAIN TW P;
AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND
ALL AGMTS, INCLUDING EASEMENT AGMTS, NECESSARY FOR SAID
W ATER MAIN EXTENSION; AUTHORIZE AUDITOR TO DRAW
W ARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL &
PUBLIC UTILITIES COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - MAY 21, 2018
COM M UNICATIONS CONTINUED:
231. SERVICE DIRECTOR HIGHMAN: RATIFY PAYMENT OF MORAL OB FOR EMERGENCY HIGH SERVICE
PUMP MOTOR REPAIR AT NORTHEAST W ATER TREATMENT PLANT
PURSUANT TO CODIFIED ORDINANCE SEC 105.04; AMEND APPROP
O#64/2018 W ITH $26,472.00 SUPP APPROP FR UNAPPROP BAL OF
5201 W ATER FUND TO 5201 207012 PUMPING MAINTENANCE -
OTHER; AUTHORIZE AUDITOR TO PAY MORAL OB TO HANNON
ELECTRIC CO FOR AMT NOT TO EXCEED $6,472.00; AUTHORIZE
AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. -
FINANCE COMMITTEE
232. STARK CTY COMMISSIONERS: REQ ANNEX OF 1.896 ACRES, MORE OR LESS, IN PLAIN TW P TO
CITY OF CANTON (44 TH ST NE). - PLANNING COMMISSION
233. TREASURER PEREZ: RPT OF 4/30/18 BANK RECONCILIATIONS AND CITY’S
OUTSTANDING INVESTMENTS AS OF 4/30/18. - RECEIVED & FILED
234. TREASURER PEREZ: AMEND SEC 182 OF CANTON CODIFIED ORDINANCES AS
MANDATED BY ISSUE 13; AMEND O#64/2018 TO PROVIDE FUNDING
FOR TAXPAYER EDUCATION AND ASSISTANCE IN TERMS OF TAX
RATE INCREASE. - JUDICIARY COMMITTEE
235. VICTORY SQUARE MGMT: ADVISE OF PLANS TO BE GENERAL PARTNER OF 81 UNIT
RESIDENTIAL RENTAL DEVELOPMENT AT 1206 LIPPERT RD NE. -
RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN
AGGREGATE PRINCIPAL AMT NOT TO EXCEED $500,000 FOR PURPOSE OF PAYING COSTS OF
REVITALIZATION W ITHIN THE CITY AND ADDRESSING PROPERTY CONDITIONS THAT ARE
DELETERIOUS TO PUBLIC HEALTH AND SAFETY THROUGH DEMO OF DETERIORATING
STRUCTURES AND IMPROVEMENT OF THOSE SITES, THEREBY ENABLING USE OR REUSE OF
LANDS W ITHIN THE CITY
Referred to Finance Com m ittee
1 ST RDG 2. PROVIDE FOR ISSUANCE OF A NOTE BY CITY OF CANTON IN ANTICIPATION OF COLLECTION AND
PAYMENT OF INCOME TAXES, GENERAL PROPERTY TAXES AND MISC OTHER SOURCES TO CITY
OF CANTON IN AMT OF ISSUANCE NOT TO EXCEED $2,000,000.00; DECLARE NECESSITY OF
ISSUANCE OF SAID NOTE PROCEEDS W HICH W ILL BE USED FOR PAYOFF OF PREVIOUSLY
EXISTING NOTE; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 3. AMEND APPROP O#64/2018; EMERGENCY ($5,000.00 APPROP TRF FR 2799 701001 JUSTICE
REINVESTMENT PRETRIAL GRANT FUND - PERSONNEL TO 2799 701001 JUSTICE REINVESTMENT
PRETRIAL GRANT FUND - OTHER)
Referred to Finance Com m ittee
1 ST RDG 4. AUTHORIZE DISSOLVING ROAD RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 280871,
280872, 280873 AND 284986; AUTHORIZE MAYOR OR SERV DIR TO TRANSFER SAME, NO LONGER
NEEDED FOR MUNICIPAL PURPOSES, TO CANTON COMMUNITY IMPROVEMENT CORP FOR
SUBSEQUENT TRANSFER TO REFUGE OF HOPE MINISTRIES; EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 5. AUTHORIZE MAYOR OR SERV DIR TO NEGOTIATE AND EXECUTE EASEMENT OVER TAX PARCEL
280840 TO STINGRAY VENTURES LLC THAT W ILL HAVE NO FORCE AND EFFECT UNLESS
SURROUNDING PROPERTIES ARE EFFECTIVELY ACQUIRED BY STINGRAY VENTURES LLC;
EMERGENCY
Referred to Environm ental & Public Utilities Com m ittee
1 ST RDG 6. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT AMENDMENTS W ITH STARK
COUNTY COMMUNITY ACTION AGENCY FOR $50,000 FOR ENRICHMENT & ACADEMIC MENTORING
AND $30,000 FOR EMPLOYMENT READINESS TRAINING; EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 7. AUTHORIZE HIRING OF MR. JAMES BENEKOS AT SALARY OF $88,888 ANNUALLY W ITH 10 DAYS
VACATION IN 2018 AND 15 DAYS VACATION FOR EACH YR THEREAFTER, UNTIL HIS CITY ACCRUED
TIME CORRELATES W ITH APPLICABLE CITY VACATION SCHEDULE; EMERGENCY (W ATER DEPT
FACILITIES ENGINEER)
Referred to Personnel Com m ittee
CANTON CITY COUNCIL AGENDA - PAGE 3 - MAY 21, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
1 ST RDG 8. AUTHORIZE MAYOR OR SERV DIR TO: ADVERTISE, RECEIVE BIDS, AW ARD, EXECUTE
CONSTRUCTION CONTRACT AND ENTER INTO AGMT(S) FOR AND TO RECEIVE GRANT FUNDS IN
AMT OF $890,064.00 AND LOAN FUNDS IN AMT OF $509,566.00 FROM OHIO PUBLIC W ORKS
COMMISSION FOR 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 & GP 1198; AUTHORIZE
AUDITOR TO CREATE 4585 47 TH ST NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP
1198 AND 4586 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 FUNDS; AMEND APPROP
O#64/2018; EMERGENCY ($896,770.00 SUPP APPROP FR UNAPPROP BAL OF 4585 47 TH ST
NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP 1198 FUND TO 4585 202052 47 TH ST
NW /PACKARD AVE NW 78-IN STORM SEW ER REPAIR PROJ, GP 1198 - OTHER; $502,860.00 SUPP
APPROP FR UNAPPROP BAL OF 4586 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 FUND TO
4586 202053 47 TH ST NW STORM SEW ER REPAIR PROJ, GP 1241 - OTHER)
Referred to Public Property Capital Im provem ent Com m ittee
1 ST RDG 9. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO AGMT W ITH EAST OHIO GAS CO DBA DOMINION
ENERGY OHIO FOR RELOCATION OF EXISTING LINES; AMEND APPROP O#64/2018; EMERGENCY
($380,771.00 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PROJ, GP 1103
FUND TO 4566 202079 MAHONING RD CORRIDOR PROJ, GP 1103 - OTHER)
Referred to Environm ental & Public Utilities and Public Property Capital Im provem ent Com m ittees
1 ST RDG 10. DECLARE CERTAIN PROPERTY NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZE
ITS BID FOR SALE; EMERGENCY (STEAM LOCOMOTIVE AND TENDER)
Referred to Public Property Capital Im provem ent Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#11 - O#13)
2 ND RDG 11. RETAINED FROM 4/2/18 AMEND CHAPTER 1123, DEFINITIONS OF TITLE FIVE AND AMEND
CHAPTER 1141, R-4 MULTI-FAMILY RESIDENTIAL DISTRICT OF TITLE SEVEN OF CODIFIED
ORDINANCES OF CITY OF CANTON PUB HRG 6/4/18 @ 7:00 PM (JUD)
2 ND RDG 12. AUTHORIZE DISCHARGE OF DEMO LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON PROP
KNOW N AS PARCEL #226346; EMERGENCY (C&ED)
2 ND RDG 13. AUTHORIZE MAYOR OR SERV DIR TO EXECUTE PROF SERVS CONTRACT W ITH THRASER GROUP
FOR DESIGN OF SITE MASTER PLAN FOR CANTON W ATER DEPT’S DISTRIBUTION SHOP; AMEND
APPROP O#64/2018; EMERGENCY ($49,920.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER
FUND TO 5201 207022 W ATER DISTRIBUTION - OTHER) (FIN)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
116/2018 14. AMEND O#55/77, AS AMENDED, KNOW N AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY
(CITY W IDE ZONE CHANGE, HARVARD AVE NW @ RT 62 (PARCELS 284873, 280680, 280678, FROM
R-4 TO CS, W ARD 7; 1700 BLOCKS OF IRA TURPIN W AY NE, BLECKER PL NE, 10 TH ST NE, IRW IN PL
NE, BERGER PL NE, PETRO PL NE, 9 TH ST NE - FR IRA TURPIN W AY NE TO 9 TH ST NE AND FR ROSS
AVE NE TO THE MIDDLE BRANCH OF NIMISHILLEN CREEK - 91 DIFFERENT TAX PARCELS, FROM I-1
TO OS, W ARD 4) PUB HRG 5/21/18 @ 7:00 P.M .
117/2018 15. AMEND APPROP O#64/2018; EMERGENCY ($210,000.00 APPROP TRF FR 7508 852101 INCOME TAX -
ADMIN - OTHER TO 7508 852003 DISTRICT TW R 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)
118/2018 16. AMEND APPROP O#64/2018; EMERGENCY ($93,000.00 APPROP TRF FR 5701 101501 CODE
ENFORCEMENT ADMIN - PERSONNEL TO 5701 307001 ENVIRONMENTAL HEALTH ADMIN -
PERSONNEL)
119/2018 17. AMEND APPROP O#64/2018; EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 2314
FAMILY HEALTH FUND TO 2314 301001 FAMILY HEALTH - 700 - OTHER)
120/2018 18. AUTHORIZE MAYOR OR SERV DIR TO: ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE
CONSTRUCTION CONTRACT; EXECUTE PROFESSIONAL SERVICES CONTRACT FOR
CONSTRUCTION OVERSIGHT SERVICES; RECEIVE GRANT FUNDS IN AMT OF $528,313 AND ZERO
PERCENT INTEREST LOAN IN AMT OF $549,876 FOR RIDGEW OOD EAST PHASE I PART I W ATER
MAIN REPLACEMENT PROJ AND RIDGEW OOD EAST PHASE I, PART 2 (22ND/24TH ST NE)
ROADW AY RECONSTRUCTION PROJ, GP 1123; RECEIVE GRANT FUNDS IN AMT OF $150,000 AND
LOAN IN AMT OF $482,625 FOR ROADW AY PROJ; AUTHORIZE AUDITOR TO ESTABLISH 5237
RIDGEW OOD EAST PHASE I PART I W ATER MAIN REPLACEMENT PROJ FUND AND 4584
RIDGEW OOD EAST PHASE I PART 2 (22ND/24TH ST NE) ROADW AY RECONSTRUCTION PROJ, GP
1123 FUND; AMEND APPROP O#64/2018; EMERGENCY ($1,078,189.00 SUPP APPROP FR UNAPPROP
BAL OF 5237 RIDGEW OOD EAST PHASE I PART I W ATER MAIN REPLACEMENT PROJ FUND TO 5237
207043 RIDGEW OOD EAST PHASE I PART I W ATER MAIN REPLACE PROJ - OTHER; $632,625.00
SUPP APPROP FR UNAPPROP BAL OF 4584 RIDGEW OOD EAST PHASE I PART 2 (22ND/24TH ST NE)
ROADW AY RECONSTRUCTION PROJ, GP 1123 FUND TO 4584 202051 RIDGEW OOD EAST PHASE I
PART 2 (22ND/24TH ST NE) ROADW AY RECONSTRUCTION PROJ, GP 1123 - OTHER)
CANTON CITY COUNCIL AGENDA - PAGE 4 - MAY 21, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED:
121/2018 19. AMEND APPROP O#64/2018; EMERGENCY ($2,308,261.43 SUPP APPROP FR UNAPPROP BAL OF
5235 CANTON SOUTH-CLEVELAND AVE (REGIONALIZATION) W ATERLINE EXTENSION PROJ FUND
TO 5235 207053 CANTON SOUTH-CLEVELAND AVE (REGIONALIZATION) W ATERLINE EXTENSION
PROJ - OTHER)
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, June 4, 2018 in Council Caucus Room at 6:15 PM
1) Finance Com m ittee
2) Personnel Com m ittee
3) Com m unity & Econom ic Developm ent Com m ittee
4) Public Property Capital Im provem ent Com m ittee
5) Environm ental & Public Utilities Com m ittee
LAW DEPARTMENT PRESENTATION
M ISCELLANEOUS BUSINESS: Mem ber Sm uckler asked Law Director Bates-Aylward to confirm that the AirBNB zone change
will com e before Council again in two weeks, and asked if she’s prepared to explain the zoning designations, including rental
properties. Law Director Bates-Aylward agreed to do a presentation for Council at the next m eeting explaining the zoning as it
currently exists. Mem ber Sm uckler teased Mem ber Mack stating he pulled off a political coup by getting drinking, getting high
and increasing taxes all in one fell swoop. He thanked Mem ber Mack for being instrum ental in getting so m any things off the
ground and doing it m ostly with no m oney.
QUOTE OF THE W EEK: “Happiness is having a large, loving, caring, close-knit family - in another city.” -George Burns
ADJOURNM ENT: 7:40 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 4, 2018 @ 7:00 PM
Get email alerts for Canton
A daily email when new agendas and minutes are posted.