City Council
Regular MeetingCanton, OH · June 4, 2018
Minutes
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PRESIDENT PRO TEM SMITH: Good evening. With a quorum being present, the Chair calls this meeting of
Canton City Council to order. Roll call 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, PETER FERGUSON & FRANK MORRIS)
TWELVE COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN ABSENT)
CLERK DOUGHERTY: Twelve present, Madam President.
EXCUSING MEMBERS
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we excuse President Schulman from tonight’s meeting.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to excuse President Schulman from this
evening’s meeting. Are there any remarks? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Madam President.
PRESIDENT PRO TEM SMITH: Thank you. The motion carries and President Schulman is excused from this
evening’s meeting. We will have the invocation given tonight by At-Large Member...Babcock.
The regular meeting of Canton City Council was held on June 4, 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 6 Council Member, Kevin Hall. The Pledge of Allegiance was led by President Pro Tem Smith.
AGENDA CORRECTIONS & CHANGES
PRESIDENT PRO TEM SMITH: We’re now under Agenda Corrections and Changes. Leader.
MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to add 2nd Reading Ordinances 12
through 21.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading
Ordinances 12 through 21 to this evening’s agenda. Are there any remarks? Hearing none, roll call please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
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CLERK DOUGHERTY: Twelve yeas, Madam President.
PRESIDENT PRO TEM SMITH: Thank you.
PUBLIC HEARINGS
PRESIDENT PRO TEM SMITH: At this time we will have... uh, are the Public Hearings. We do have a
Public Hearing, and it is an Ordinance amending Chapter 1123.
CLERK DOUGHERTY: 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 CITY OF CANTON
PRESIDENT PRO TEM SMITH: Is there anyone here in the audience wishing to speak for or against this
zon... zon... Zone Change, excuse me. If you will come forward. Once again, is there anyone in the audience...
you wishing to speak?
RENEE PILONE: Uh, against, please.
PRESIDENT PRO TEM SMITH: Okay. Would you please...
LAW DIRECTOR BATES-AYLWARD: Can I... I just want to clarify something. This is what we talked
about earlier in committee meetings. This continues the process of it being, just want everybody to be clear, in
R-4's as a conditional use. So you’re either for it being in an R-4 as a conditional use, or against it being in R-
4's as a conditional use. I just want to clarify for everybody.
RENEE PILONE: Yep, I got it. I have a handout.
PRESIDENT PRO TEM SMITH: I have one question first. Did you sign up for Public Speaks?
RENEE PILONE: Uh, I did, but I think that everybody here who signed up for Public Speaks is actually
intending to speak during this portion. They just weren’t aware that they don’t have to sign up for the Public
Hearing.
PRESIDENT PRO TEM SMITH: Okay. Could you please state your name and address.
RENEE PILONE: Sure. My name is Renee Pilone, and I own 1224 19th Street NE. I appreciate the
opportunity today to speak about Airbnb. Since the issue of Airbnb has been in the public eye, I’ve heard many
inaccurate statements made. No, I do not run a Bed and Breakfast, and no, I don’t want to pave over my
neighbor’s yard for a parking lot. I own a single family home in a single family residential area, and I rent out
that home to a single family. There is nothing limited about my lodging. As I’ve explained the concept of
Airbnb’s to citizens, I’ve often heard, oh, that sounds like when I rented a vacation home in Myrtle Beach or
Florida. Indeed, just as you’d expect a vacation rental at the beach to be decorated with sea shells and flip
flops, people visiting Canton want to stay in an authentic home for this area. I own a historic home close to the
downtown area. It is well maintained, and with the money I earn from Airbnb I am restoring it. My family has
lived in this area since 1849, and I’ve filled my home with mementos collected during our multiple lifetimes
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here in Canton. I’ve received many favorable reviews on Airbnb for my unique home. I know that you aren’t
surprised that people are coming here because the City’s efforts to increase tourism are working, and the City
should want some of these visitors to stay in Airbnb. Data shows that Airbnb attracts new visitors who stay
twice as long as traditional tourists, spend more on local businesses, and are more likely to re... be return guests
to our city as a result of the experience. The current proposed regulation, however, is unfair to single family
honoser... homeowners as it would only allow vacation rentals in large buildings and multi-family zoning
districts such as the Onesto. The Council has put a tremendous amount of political capital into the
development of the Hall of Fame Village. Why then would you eliminate places for tourists to stay?
Especially as we enter the summer vacation series... season, and just a few short weeks away from the Hall of
Fame Festival. By eliminating Airbnb’s you’d be saying to potential visitors everywhere, “when we said visit
Canton we didn’t mean you should spend the night.” I am in favor of reasonable regulations on vacation
rentals. I believe that Airbnb could be registered similar to the rental property registration that the City does
now that requires paying a fee and having an inspection. This would insure that a property is safe and would
also generate an additional revenue stream for the City. Requiring registration would also make it easy for the
City to see who is renting on Airbnb, and there are more than just six. If those hosts don’t maintain their home
or cut their grass, the City knows where to find us. I would ask that the proposed Ordinance be rejected.
PRESIDENT PRO TEM SMITH: Thank you, ma’am. (Applause) Is there anyone else wishing to speak for or
against.
ROSEMARY BURKHART: I guess first of all my only question is, all the people that signed up, most of them
want to speak on this, so should they speak now or should they wait?
PRESIDENT PRO TEM SMITH: You can speak now.
ROSEMARY BURKHART: Well, I’m gonna wait for the rest of them. I’m at the end of the list.
PRESIDENT PRO TEM SMITH: Could you please state your name and address, sir.
PATRICK GERBER: Yes, my name is Patrick Gerber. I live at 1258 11th Street NW. Um, we, my wife and I,
have been Airbnb hosts since we moved into our home in the fall. Uh, Airbnb’s one of the ways we were able
to buy our home, and our goal with the money we raised was to improve our home and eventually save enough
money that we could become foster parents. Um, one thing I want to do today, and I want to make sure I do it
right up front is, I’m gonna turn this way cause I want to apologize (inaudible) who are here who didn’t get
spoken to about this, feel hurt by this, feel caught off guard by this. Uh, that was no one’s intention. Uh, I
think there’s been a lot of lack of communication which my wife and I take responsibility for, for our
neighborhood. Um, and I think there’s been a lot of misinformation, which I’m gonna turn back this way to
talk about. Um, our experience with Airbnb’s have been overall extremely positive. We use it as a way to
improve our neighborhood. Uh, my wife and I previously lived in Perry and we moved into Canton cause
that’s where our church is and that’s where our community is. Um, the money we made off our first Airbnb is
what allowed us to move into Canton, which is probably not something you hear from Perry residents very
much. Um, and our goal in doing this was never to undercut the system, but I think the fact that we’re at four
meetings can say that maybe we weren’t that clarified on the rules in the first place. Um, I think Airbnb would
be a benefit to the City. I think it’d be a benefit to neighborhoods. When you have people staying in your
home and you are owner occupied, it’s a huge benefit because we are there raising money for our homes, for
our neighborhoods. The house I lived in sat empty for three years until we bought it, and now if you drove by
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my house right now you’d see flowers out front that my wife has put it, and if you walked in my front door
you’d see total renovation. That’s because of that money. Now that’s my perspective on it, but I can
absolutely understand the perspective of neighbors who say I don’t know who these people are, this is a little
different. But as I said last time I spoke to you, my grandfather actually stayed in Canton when he went to
Canton Business College in the 1940's, and he stayed at a... with a family that lived on Shorb. It wasn’t a hotel,
wasn’t a rental, he just stayed with a family. So this is something that’s been in our communities for a long
time. I think we’re just wrestling with the fact that it’s on the Internet. And that’s a little different. Um, what I
want to wrap up by saying is this. Um, I would encourage the... to say that this proposal, neither yea nor nay,
does not go far enough. You’re not really addressing the issue. Um, if we want Canton to be a tourist
destination, we want the neighborhoods to work well, we need to do some more studies. So I encourage it to
be pushed back to the Planning Commission, and I encourage the neighbors here with Airbnb interests to
continue the conversation of what are our concerns, why are we doing this, cause I feel like those conversations
have not happened enough, and what we’ve been doing is talking on either side. So I’m here today to say a
little bit more like we need to communicate better. Uh, we need to be better neighbors, and that’s my goal, and
I hope that’s everyone’s goal here. So, thank you. (Applause)
PRESIDENT PRO TEM SMITH: Thank you, sir.
KIM HORTON: Hi, my name is Kim Horton. I live at 1263 11th Street NW and have been a resident of
Westpark Neighborhood for eighteen years. This neighborhood was deed restricted to single family dwellings
and no businesses. I’m opposed to the opening of a business in the form of an Airbnb in my R-1A
neighborhood, that’s the 1258 11th Street one. Uh, big problem I have is parking. Most homes on 11th Street
have a shared drive, two par... two places in front of their homes to park. Currently, Mr. and Mrs. Gerber live
at 1258 11th Street with their two house mates. That makes four people, four cars. The wife uses the shared
drive. The other three use the street, which means that one of them is always parked in front of somebody
else’s home. Um, uh... so where... so then whenever it comes to the other people, homeowners, where do they
park? Where do their company park? And my big question is if this parking is already like this, a problem,
where are their Airbnb guests gonna park at? I guess in front of someone else’s home, like they’re doing now.
Um, I just ask that you think of the neighbors when you decide for your vote, and I... I personally am affected
because I live straight across the street from it. And I’d like to rebut something he said. The home he bought
was not empty for three years. There was people living in that home less than three years.
PRESIDENT PRO TEM SMITH: Thank you so much, ma’am. (Applause)
PAT SILAGY-WESSON: My name’s Pat Silagy-Wesson, and I intended to speak at Public Speaks. This is all
a little confusing this evening with ordinance and zoning and such, but I’ll... I’ll say what I was going to say a
little later on. I’m here tonight with some of my Market Heights neighbors who are working hard to keep our
properties attractive and our property values up and at market rate. We represent long term residents in this
city, mostly homeowners here tonight, but we have many long term renters also in Market Heights. We are
here tonight to support the current recommendation as I understand it from the City Planner. Um, this is one of
the reasons why we have a Comprehensive Plan and a City Planner. We are here to support what’s already
been approved by the Planning Commission, and we are here to ask you to continue limiting Airbnb’s to R-4
zoning and not permit short term rentals in single family residential areas. We live here. We live here full
time, all the time, and for a long time. We work here, we volunteer here, and we vote here. We have had
zoning challenges in Market Heights in the past. Now, I understand no one is suggesting a zoning change in
single family residential, we are R-1. However, we have certainly faced challenges in the past when
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somebody... when people have sought to reinterpret, redefine, say this is a new idea. So that makes us a little
sensitive and a little defensive on this issue. We are asking you to support stable, attractive, affordable single
family neighborhoods like ours. There’s plenty of room all over this city for multi-use and various
combinations. Stick with us and keep the Airbnb’s in the R-4 business or commercial use. Thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause) Excuse me, before you speak, sir. Ma’am, what you
were going to talk about, I know you signed up and you said that you would speak about it later, so you just
completed what you was gonna say?
PAT SILAGY-WESSON: Yeah, pretty much.
PRESIDENT PRO TEM SMITH: Okay, thank you.
RAY RONEY: I’m in the same boat. I’d signed up...
PRESIDENT PRO TEM SMITH: Okay.
RAY RONEY: ...for Public Speaks. The only other thing I wanted to talk about was speeding other than the
Airbnb. My name’s Ray Roney and I live at 1624 Monument Road. I just found out I’d been doing it all
wrong. I could have rented my house out to pay for the renovations instead of working hard and putting that
money in savings and paying for the renovations to my house. I just put in new sidewalks, siding, gutters, and
having a lot of work done to my house. We already have... I’m in Westpark. We already have one house that’s
affecting the neighborhood. How many others are gonna come in and affect our neighborhood? I’ve been
living in this place for fifteen years and I like it because it is residential single house. We have rental properties
around the corner. We constantly are having problems with it. As far as I’ve seen on Airbnb, they do not do
any kind of background checks. As far as I know, all you need is a credit card, an email address and a phone
number to rent a place. So you’re gonna have strangers running around in our neighborhood. You’re not
gonna know if they’re renting a building or a house, having a party, or there to case the place and rob us. I say
we keep it as it is. I’ve lived in this property for fifteen years and plan on dying there, which probably will be
soon, and I want it left as is. Thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause)
GUS PIROVOLAS: My name is Gus Pirovolas. I have signed up for the Airbnb Public Speaks. I live two
houses away from an Airbnb. Uh, the house in question is 317 32nd Street. I knew there was a moratorium on
this house, and unfortunately over the Memorial Day weekend this person chose to have people from Vermont
and North Carolina, five cars total, in that... uh, uh, place. Uh, I... I think what hap... what’s happening here
after reading a form on Facebook was there’s two camps. One camp is like myself who wants to keep the
status quo, keep it like it is, no multiple homes, no... no houses like Airbnb. Plus also there’s a problem in... in
Market Heights where there’s homes being rented out to students from Malone College that hasn’t really been
brought up either. So, we have a multiple... multiple problems in... uh, in Market Heights. But I think we
should keep it... keep the status quo the way it is. Uh, I have nothing against the young lady other than the fact
that she’s thumbing her nose to the City Council and to the Law Department, and after a conversation with
the... with one of the law people who called me the other day, he didn’t seem to under... think that was a big
deal that he... uh, that she rented it out to people, you know, against this moratorium. So the bottom line is I
think we should keep it the way it is, and I think... uh, I’ve lived in this neighborhood for thirty-five years and
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I’d like to stay there and keep the status quo and the peace and quiet just the way it is. Thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause) Is there...
SUSAN GREENE: Mr. Chairman, Councilmen, thank you for giving me the opportunity to speak this evening.
My name is Susan Greene and I moved to Canton almost four years ago. And you guys offered me...
PRESIDENT PRO TEM SMITH: Excuse me, Susan.
SUSAN GREENE: Oh, I’m sorry?
PRESIDENT PRO TEM SMITH: Is your address 1226 11th Street?
SUSAN GREENE: 12... yes, ma’am. I’m sorry.
PRESIDENT PRO TEM SMITH: Thank you. Oh, that’s okay.
SUSAN GREENE: 1226 11th Street NW. And you guys gave me a really fantastic opportunity that I could get
money as a down payment on my house, but I had to jump through hoops to get it and I did. I made it. And it
was just the most wonderful blessing that ever happened to me in my life to be able to get my own house,
okay? I was told this was a single family residence, which that’s what I was looking for. I was looking for an
older quiet neighborhood because I had rented all my life. I’ve had to put up with the kids screaming and loud
parties. I wanted to get... I’m getting older, I want to go into a peaceful neighborhood. So I found this
neighborhood and they told me that’s exactly what it is. And now I feel deceived because now this is going on
and the people that moved in, they didn’t even make us aware of what’s going on. All we know is there’s all
these cars and people coming in and out. We didn’t know, you know, is this... is this sexual? Is it... is it drugs?
What’s going on? They wouldn’t explain anything. We’re all wondering what’s going on, the neighbors are
asking. And without the background checks, we have children in our neighborhood. So, you know what, if
any of these people that live here, even short term, it doesn’t matter. We don’t know if they’re pedophiles, we
don’t know if they’re child molesters. We’re just taking the word of the person that moved in that doesn’t even
speak to anybody in the neighborhood until now because he wants us to accept what they’re doing, but it’s
kinda late now. And I just feel deceived because I was really happy about moving into this house. I had to live
here for five years. If I move out sooner than that I have to pay the money back that I’m getting from Canton.
And I took this test, it was supposed to be an eight hour test, it took me like four days to do it on line. And I
wanted the house so bad, I tried so hard. Now I just feel deceived by this city that they said we want good
people in Canton, okay, so they said be a good neighbor, be considerate of your neighbors, make sure your
lawn is mowed, make sure if you take your dog for a walk that you’re cleaning up the mess, which I do do. I
try to do everything to be a good neighbor, and now I have people in the neighborhood that I don’t even know.
I don’t know what’s going on, and it makes me feel like okay, so what’s gonna happen to the value of my
house? I’m putting money into my house. I’m... I’m making improvements in my house. And if I ever had to
move out down the road, am I gonna get the money that I put into it? I kinda wonder because I don’t want to
be in a business area, I want to be in a residential area. If I knew this, I would have never bought this house if
this is what’s gonna happen. I’m very disappointed in Canton. I lived in North Canton and I moved to Canton
hoping that, you know, I wanted to improve this city and do things to help Canton. I worked at the homeless
shelter cutting hair for the homeless women and children for fourteen years, and I want to do more when I
retire. But I just feel very disappointed. I feel let down by Canton, and I just hope that it remains the same. I
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will feel very let down if you allow the Airbnb. Thank you for letting me speak.
PRESIDENT PRO TEM SMITH: Thank you. (Applause)
JOHN GREEN: Hello, my name’s John Green. I live at 1230 11th Street NW. I’m kinda confused why it’s
even gotten to this place. With the laws already on the books, they shouldn’t have opened an Airbnb in the
first place. Um, is it a good idea, bad idea with... it was owner occupied and it was one room and it was
temporary, maybe, but that’s beside the point now. The laws that we have, according to the Law Director, this
is illegal. So, I like a nice quiet neighborhood. I don’t want a business in my neighborhood, and I would
appreciate it if you would, you know, take that into consideration with your vote. Thank you.
PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause) Is it... did you sign up to speak, sir? (Chuckles)
Is... she’s coming.
UNIDENTIFIED VOICE: Chris.
MARJORIE BURKHART: The Council Members. Susan, Susan, to the Council People. We have an
additional set of petitions...
PRESIDENT PRO TEM SMITH: Excuse me, ma’am. Could I have your name and address, please.
MARJORIE BURKHART: Yes. My name is Marjorie Burkhart. My address is 1253 11th Street NW in
Canton. I live directly across from the home at 1258 11th Street NW which appeared as an Airbnb in The
Canton Repository on April 9th this year. We were absolutely blindsided that that was going on. We knew
something was not right, but we had no idea. We, the neighbors, do not approve of this illegal activity which
totally disregards and shows disrespect for our present zone, R-1A single family residences. I am here this
evening representing twenty more people in the Westpark Neighborhood, bringing us to a total of seventy-
seven people who have signed a petition requesting the R-1A zone for singly family residences be upheld, and
that no business, no business, be allowed to supercede this ordinance, meaning no exceptions and no
contingencies allowed. And please do not postpone, postpone, postpone. We have put up with it less than a
year. We don’t want it. I have presented these additional signatures to John Mariol, who will see me
afterwards for them, he’s the Chairman of the Judiciary Committee, and a copy to each of you. We are asking
each of you as our representatives of Canton City Council to support us on this issue as we strongly believe that
the single family residences contribute to the stability in our city, which is vitally important, especially since we
are dealing with so many issues near our area. Are you listening to us? The Westpark Neighbors? Are you
really hearing what we are saying? Or do you have your own opinion for other reasons? Hopefully you have
heard us and are taking our concerns to heart when making this decision. Please, please retain and enforce
zone R-1A as single family residences with no businesses, no exceptions, and no contingencies in our
Westpark Neighborhood. And please do not postpone, stall it off, because we are losing respect if you do. We
do appreciate your respect and support in this matter, and we want to keep our single family residences in R-
1A. Thank you for your time.
PRESIDENT PRO TEM SMITH: Thank you. (Applause)
AMIAH LIVINGOOD: Hello, my name is Amiah (pronounced Uh-my-uh) Livingood. I live at 1654 Cleveland
Avenue NW.
PRESIDENT PRO TEM SMITH: Excuse me once again. Could I have your name again?
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AMIAH LIVINGOOD: Amiah Livingood.
PRESIDENT PRO TEM SMITH: Okay.
AMIAH LIVINGOOD: I’m fifteen years old. I’m going to be eighteen in three years. I’m hoping to stay in
Canton, but I cannot afford to live in a house, I cannot afford to buy a house. So I have to rent. And you guys
are pushing... not you guys, but the opinion is to push renters over to Shorb Avenue. I’m sorry, but that is in
my opinion a huge dangerous place, and I’m not going to live there. There isn’t any other opportunities in
other states where I could go, but I’ve lived in Canton for about five years now and I like to call it my home.
You know, when they first started with the locomotive, people were scared about it. When they first started
with auto... cars, people were scared about it. It was change. People don’t like change. They like to sit in their
little comfort zone. But now that we see that it’s a good thing, people love it, people buy them everyday,
people use them. When you have multiple family houses, that is giving more tax money to you, to the City of
Canton, to use for the things like paving the roads, making the parks better, making more parking spaces for
people who have to park on the street. Why do you want to take those away? Because people are parking on
the street? Because some people aren’t okay with some... um, my age or older people like they then... that they
don’t know. I didn’t know that I had to make it aware to other people that I was going to be living in an
apartment. I did not know that I had to go up to other people and tell them, hey, I’m not a pedophile, I’m not
going to have parties, I’m not going to get drunk and vandalize, you know, your house or your yard. Because
it’s trust that it’s not clearly a person who’s renting out that house is hopefully using background checks. But
why is it anybody else’s business what they do? Whether it’s sexual, it’s not mostly drugs. I’m sorry, but
using multiple family houses are bringing more people into Canton. They’re showing more people, hey, you
know, we want more people to live here. You don’t have to buy a house to live here. You can rent one. You
can see if you like Canton and then choose to buy a house. But we’re not gonna make you outright use a whole
five year plan to see if you like it here. That is all. (Applause)
PRESIDENT PRO TEM SMITH: Thank you. Is there anyone else speaking for or against?
JAN KENNEDY: You’ll have to excuse me. I didn’t realize how to sign up, so is it okay?
PRESIDENT PRO TEM SMITH: Oh, you okay, sir. This is for the Airbnb. You didn’t have to sign up unless
it was for Public Speaks.
JAN KENNEDY: Very good.
PRESIDENT PRO TEM SMITH: You’re okay.
JAN KENNEDY: Thank you very much. Um, as former Repository...
PRESIDENT PRO TEM SMITH: Could I have your name and address?
JAN KENNEDY: Ah, yes. Jan Kennedy, 144 Bark Road SW, Dellroy, Ohio.
PRESIDENT PRO TEM SMITH: Thank you.
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JAN KENNEDY: Uh, lived in Canton, worked at The Repository for many years, so I’ve got about five
decades of interest in... in the City. I followed this in the paper and I have a lot of concerns about it. First thing
that strikes me tonight is that there’s a lot of confusion. In over years of reporting that tells me that apparently
we don’t have an ordinance that really is an ordinance yet. We’re getting there maybe, but if there’s that much
confusion, you don’t really have this ready yet. So I’m not here for or against anything. But I do have an
Airbnb. I met with Mr. Smuckler, who I’ve known for years, asked him about this, I gave him this book. You
can tell a lot about people by what they read. These are people who have stayed at my place. Everyone of
them has been wonderful people, and as far as... someone mentioned property values. Go on Airbnb, go on
VRBO Home Loan. Look at all these places. If you have a rough looking place, you’re not gonna get anybody.
I put about five thousand into my place to make it look better. I hate planting flowers. I’m planting flowers.
They enrich a neighborhood as far as the look. As far as who’s coming in, who’s coming out, I agree with
what the girl said. How many people before tonight from any of these neighborhoods knew their neighbor ten
story... ten houses down? (Inaudible voices from the audience) How many? (Inaudible voices from the
audience) They do now, but how many did? (Inaudible voices from the audience) I lived in Canton...
PRESIDENT PRO TEM SMITH: Excuse me, excuse me. (Gavel falls)
JAN KENNEDY: I lived in...
PRESIDENT PRO TEM SMITH: We would not having this speaking out. Please give him the respect.
JAN KENNEDY: Yes. I lived in Canton for like thirty-five years, and I knew that people in like a block and a
half would take me down two or three blocks, I might know one person down there, but I didn’t know the rest.
And that’s really beside the point. A lot of these people... I have two friends where I learned about this who
went to Florida, they struggled, I don’t know how they’d have got by if they wouldn’t have got Airbnb. And a
lot of the people that come to my house come with problems. They need to get away. They left me notes here
saying, you know, I came here, I spent some time, I walked through your trail, through your woods and stuff,
and I know what I gotta do now. It’s therapeutic. Did that help the people that lived next door? No, I’m not
saying it does. But I know one thing that I have learned through history lessons and through reporting. This
country works best... when all the problems of the many and the problems of the few conflict, it works best
when there’s a spirit of compromise. We’re seeing what happens when you don’t have it in Washington right
now. I’m saying right here, nobody should get everything. You make compromises. What I told Bill is maybe
make it conditional use, maybe only ten days, so the people who don’t want them, they get twenty days without
anything, the guy who needs the money to help buy pills, he gets ten days. But I think you need to go back to
the Planning Commission and... and come up with an ordinance that everybody can agree on. You’re not
always... no one’s gonna get all the things they want...
PRESIDENT PRO TEM SMITH: Thank you, sir.
JAN KENNEDY: Compromise.
PRESIDENT PRO TEM SMITH: We appreciate you. (Applause)
CAROL BURT: Uh, my name is Carol Burt and I live at 318 34th Street NW in Market Heights. I’ve lived in
this neighborhood for forty-two years. I have many friends sort of tease me, why are you still living in the City
of Canton? I live here because I love it. We do know our neighbors in Market Heights. I know almost every
family that lives there. They all watch out for one another and we care about one another. This is not about not
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having Airbnb’s, but we do not want them in a residential area where people have worked for years and put
many dollars into our homes to keep them they way they are. I just hope that you don’t change the rules.
We’re not asking for anything to change, we just want you to follow the laws that you made and keep
residential residential. Please keep us in mind. There are many people back here that... we haven’t lived there
five years or six years. We’ve been here thirty-five, forty, forty-five years, and we don’t want to move out to
the suburbs. We love Canton. Thank you. (Applause)
PRESIDENT PRO TEM SMITH: Thank you.
ROSEMARY BURKHART: I’m Rosemary Burkhart. I live in the Mt. Vernon area, 2238 34th Street NW. So,
this isn’t happening specifically... You can’t hear me? Oh, did you get the address and everything? It’s the
Mt. Vernon area.
PRESIDENT PRO TEM SMITH: Yes, ma’am, we have it. Thank you.
ROSEMARY BURKHART: Okay. Um, I wanted to stay till the end because I wanted to listen to both sides of
this. But I really hear a lot of people saying, you know, we’ve worked hard for a long time to... with neighbors
that we’ve known for a long time. And I know my neighbors, I know a lot of my neighbors. Mr. Schulman’s
about six houses down from me, okay, and the Law Director moved in next to him. I haven’t met her formally,
but I know the people around me, and I don’t particularly think it’s fear, I don’t want to keep students out, that
type of thing. But I think sometimes when you... the person, I can’t remember who gave the invocation at the
beginning, talked about the, you know, school shootings and everything, I think one thing that’s missing in our
country is stability. You know, and there is stability when you have people you know and people that talk to
each other, neighbors that are, you know... and once you get this in and out, and I’m sorry for Patrick because I
don’t know him. He wanted to introduce himself tonight, and I said, do you know if I’m a neighbor of yours or
not? And he goes I’m sorry, but I don’t. I think what was kinda bad for some of these neighbors is they read it
in the paper. You know, he’d been there for, I don’t know, quite awhile I guess, and they read it in the paper.
So, I think sometimes we just have to be up front with people, tell people what’s going on, and then we have to
deal. You can’t deal with something if you don’t know what’s going on. So, thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause)
REBECCA KEMPTHORN: Hi, my name’s Rebecca Kempthorn and I live at 3828 Harvard Avenue. I’ve lived
in the city since 1977. During that time I’ve had three break-ins and let’s see, three years ago or so somebody
was murdered right around the corner. The lady next door was having an affair for several years, but now she’s
gone. And the lovely people across the street, who are such darling Catholics, take in every relative that’s
having problems. But you know, I stayed there because that’s life. Sometimes life is messy and we can’t
control... we don’t... I don’t know, maybe one of you have... maybe someone here has had an affair or... or let
in a person who was having problems. We took in a homeless girl from the city so she could finish high
school. We did it for five months. She was over eighteen so there was no social work involved. But that’s the
messiness of life and it’s how we love each other and accept each other. I’m not gonna police my neighbors
and say, are you having an affair and doing it in your home while your husband’s at work? I’m not gonna
move out of the city with a knee jerk reaction because something isn’t exactly like I want it. We have an
Airbnb, but somebody stays occasionally for a night here and there, and it’s been the most lovely, lovely people
that have left darling thank you notes, and we vet them carefully as does Airbnb. You need to see a picture. I
need to know exactly why you’re coming, where you’re going when you’re here. I have a list of house rules
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that’s this big. No unregistered guests. It’s just been the sweetest thing, and a way to help pay that tax raise we
just got today, found out about in the mail. It’s... it’s been a very happy time. We keep our house so extra nice
because we want all of our photos and our reviews to be wonderful. Um, when I lived in Ridgewood, there
were so many people who had third floor places. Mine had a complete third floor. I never rented it, but I’ll tell
you, every other person I knew, “hey, can we come stay there for a few days while we’re visiting relatives?”
There was no regulation, legislation, no. We have a place, you can stay there. When I opened my Airbnb a
couple... two years ago, almost two years ago, I wrote to the City and said hey, Airbnb suggests we get in touch
with you, just want you to know I’m doing this. The person I wrote to said, “h-mmm, not sure what to do
about that, try writing to this department.” So I emailed that department and I never heard back. So to be told
we’re doing something illegal or to have these scandalous accusations made about sex trafficking or drugs or
prostitution, no. Seriously that’s just not my thing and I don’t think it’s your thing or your thing or anybody
else I know who’s doing it.
PRESIDENT PRO TEM SMITH: Thank you, ma’am.
REBECCA KEMPTHORN: Thank you. (Applause)
CHRIS ANN STAVRIANOU: My name is Chris Ann Stavrianou, and I’ve lived in Canton in my home...
PRESIDENT PRO TEM SMITH: Could we have your name and address again, please.
CHRIS ANN STAVRIANOU: Oh, oh. My name is Chris Ann Stavrianou at 1302 11th Street NW. I’ve lived
in my home for seventy-five years. The neighborhood is nice. It has been tremendous. Uh, you can tell I’m a
little nervous here. Uh, I want the ordinance to stay as it is. Um, now that this home has gone in here in the
neighborhood, I see cars parked all along the streets, I see neighbors who can’t park in front of their house
come down further and have to park their cars by my house when they live up closer to Fulton Road. I... I hope
that you’ll consider the fact that we would like our neighborhood to stay as it is and not have this confusion
that we have now... now. Thank you. (Applause)
PRESIDENT PRO TEM SMITH: Thank you so much.
DENNIS HOFFNER: My name’s Dennis Hoffner and I live at 1443 Cottage Place. I’d like to cut to the chase
here. What’s this all about? It’s all about dollars and cents. We’re gonna change laws in this... in the City
Council. You’re gonna... you’re gonna vote on this for a few, and the many are gonna take the brunt of
whatever you guys decide. I personally don’t want any change in this law, but you gotta put some teeth in it. I
lived in my house since 1978. I stuck a tremendous investment in my house, enough that it raised my taxes
triple. I don’t need anything... it’s... is... is a B... Airbnb a business?
PRESIDENT PRO TEM SMITH: Sir, we can’t answer questions at this point, but if you would stay afterwards,
we’d be glad to answer any questions that you have.
DENNIS HOFFNER: Okay, I’ll do that. I’ll do that. I just don’t want any change. Don’t want... don’t want
people in my neighborhood that I don’t know. I... uh, I think that... uh, you heard the majority of us speak. Uh,
it’s up to you to determine whether you want to change this or not, but I think you better listen to what the
people have to say. It’s... it’s kind of a catch twenty-two situation here for me. I... uh, I don’t need... I’m kinda
at a loss for words now because my blood pressure’s going up. Thank you for your time.
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PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause) Mr. Per... yes, ma’am, you can come on.
DIANE RANSOM: Hi.
PRESIDENT PRO TEM SMITH: Hi.
DIANE RANSOM: My name is Diane Ransom. I live at 1270 11th Street NW. I have been in my home for
twenty-six years. The neighbors on 11th Street are totally different neighbors. We do know each other. We do
care about each other. One don’t get the trash, the neighbor will get your trash. You need your dog pet, your
neighbors will pet. So I can say we do know our neighbors. We don’t need this because we’re still a family.
We... we are the family. We found out about this from The Canton Repository. We knew something was
going on, but we didn’t know what. We was trying to give him a benefit of the doubt that everything was fine.
We was figuring he was having house warming parties, Christmas parties, Thanksgiving parties, and he’s
allowed to do that. But when The Canton Repository article hit, my phone rang off the hook. Everybody on
11th Street was saying, “oh my God, this is ridiculous.” You know, because you can’t get in your house. You
almost got to park six, seven houses up from the company that’s over at that house. He’s not only doing
Airbnb, there’s some types of parties going on, church meetings, whatever. It’s more to it than what they...
trying to put a bowl around it. They... they don’t live there, we live there. At 11th Street, we holding on. We
right there at 11th, 10th Street is a dump, 11th Street is holding on. That is the boundary that is holding the glue
to everything, and we was... used to be everybody lived on 11th Street was homeowners, but people that got
older and got sick so now we got the rental properties. But as rental properties, they’re not doing a bad job.
We will help you if you cannot cut your grass. We will help you if you cannot plant your flowers, so we... uh,
nei... 11th Street neighbors is a whole different bunch. We care about each other. We there for each other.
Thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause) Is there anyone else wishing to speak for or against
this matter? Yes, Mr. Perez.
KIM PEREZ: The Airbnb... the whole concept of the Airbnb’s...
PRESIDENT PRO TEM SMITH: Excuse me, sir. Could we have your name and address?
KIM PEREZ: 509 36th Street NW, Canton, Ohio.
PRESIDENT PRO TEM SMITH: Thank you. (Chuckles)
KIM PEREZ: The whole concept of this came up when there was a problem in an Airbnb in Market Heights.
I’m one of the directors of the neighborhood program and... association and we... uh, they brought it to our
attention and then we’ve met with the Law Department, the Mayor’s Office, and we started hashing out.
There’s a lot of compromise given just to get what’s written today. So it’s not like this happened overnight,
and it wasn’t communication, there was plenty of communication. What we ended up doing was we didn’t...
the majority of the people in that room did not want Airbnb’s period. But what we did end up negotiating with
the Administration was to agree on the... the zone 4 and the business. Once you get the zone 4, which is
conditional, business is automatic put in. So, we were... we were good with that. We thought it fit what
currently has gone on. Then we have a three hundred dollar study done that says one thing you don’t do, you...
you don’t de... destabilize the neighborhood. First thing you gotta do is take care of those neighborhoods to
make sure they don’t swing so you don’t lose that investment in your neighborhood. That’s not what I’m
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seeing being tried here tonight. I’m seeing the neighborhoods put on the market for an Airbnb, which there’s
only eight. I read in the paper the other day where they said, “why is there such an issue?” Well, I wish back
in the sixties and seventies when we took the first house in downtown Canton, I used to be a councilman in that
area, those big beautiful houses, we allowed them to triplex them, four plex them, duplex them. We had no off
street parking, we had no yard space for the kids to play in, and we allowed that to destroy our neighborhoods
that was one of the prime neighborhoods in the city. That’s why if we didn’t have neighborhood associations
like we have today, this discussion wouldn’t be taken on... on. And I thank God that neighborhood
associations were created and neighborhoods have a chance to speak. The second part of that is in the
seventies we didn’t even correct the problem. Bill, I think it was 1989, we rezoned the whole city. We
rezoned almost the whole city to an R-1 just to stop any more duplexes, triplexes and anything else going on.
Not only did we rezone it, it if sat vacant for a year, even if it was built as a triplex, you had to go back to the
Planning Department to get it approved to be used and Council had to vote. So what we did back in ‘89, ‘90,
‘92, we did this for a reason to try to stop the influx of rental properties, duplexes and triplexes. So what I’m
seeing here now is we have so many opportunities for rental properties, we are now over fifty percent rentals.
And that contributes to some of our downfall today. What we don’t need to do is introduce a new way to let
people rent houses until we can get a handle on what we have out there currently. And that’s our problem.
Thank you.
PRESIDENT PRO TEM SMITH: Thank you. (Applause) Thank you so much for all of your input of this
matter. At this time the Chair declares this public hearing over in regards to this matter. The matter now rests
in the hands of Council and the Ordinance will be following later.
OLD BUSINESS
PRESIDENT PRO TEM SMITH: At this time do we have any Old Business?
PUBLIC SPEAKS
PRESIDENT PRO TEM SMITH: We’re now under Public Speaks. Thank you so much for all of you that has
spoken thus far, but Mr. DiGiacomo. Could you please state your name and address, sir.
PETE DIGIACOMO: Yes, Ms. Smith. Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio, for sixty-four
years. The Airbnb, I can see why a lot of people don’t particularly care for it in their neighborhood. It’s fine if
you put it in somebody else’s next to them, okay, go ahead and do it. But just a couple questions I have. Uh, I
guess the first one would go to our Safety Director if she... um, do you know of any problems in the past few
years from tenants in the Airbnb?
PRESIDENT PRO TEM SMITH: Well, Mr. Gi...DiGiacomo...
PETE DIGIACOMO: I... I know she can’t talk to me now.
PRESIDENT PRO TEM SMITH: Oh, okay.
PETE DIGIACOMO: But that’s just something I’m curious about.
PRESIDENT PRO TEM SMITH: Okie-doke.
PETE DIGIACOMO: Um, Airbnb... how long has this been going on in the City of Canton? And I know you
can’t talk to me either right now. Um, the neighborhood... a lot of you know where I live. We have two rental
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MINUTES OF THE MEETING JUNE 4, 2018
properties there that were single rental properties. Well, over the time we have had transients moving in. The
person that rents the house gets an extra money for somebody that has a one room bedroom, or just the one
room to flop in. Um, I’d like to try to find something out there. There’s another one that used to be a bar with
an apartment upstairs. Um, that was there for years and years, but now about three... at least three men,
possibly four, live downstairs, which I, you know, I’m curious about that too. Uh, thank you very much, and
Council Mariol, it’s your problem. (Laughter)
PRESIDENT PRO TEM SMITH: Thank you so much, Mr. DiGiacomo. We are now... oh, one more speaker?
Okay.
RAY RONEY: Well, I had a double subject tonight. First I was talking about Airbnb, but... my name’s Ray
Roney. I live at 1624 Monument Road. I’ve been here before to complain about the speeding in the residential
areas. I’m calling... I’m here again to complain. Monument Road has just become crazy. We got people
literally going seventy, eighty miles an hour down Monument Road, and it’s just getting ridiculous. We
already have to deal with the water, spring house and all the traffic there. Now I gotta deal with all the traffic
speeding up and down the road. They pass each other, and it’s a solid white yellow line. I mean, something’s
gotta be done. I know they got from June 1st to June 30th the extra money for patrols. Can’t we put somebody
even in my driveway, write a few tickets, maybe that’ll stop them. But it’s just getting down right ridiculous.
We got people crossing the street to go to the park. Someone’s gonna get hit and killed. Let’s do something
before that happens. Thank you.
PRESIDENT PRO TEM SMITH: Thank you, sir. (Applause)
INFORMAL RESOLUTIONS
PRESIDENT PRO TEM SMITH: We are now under Informal Resolutions, and we have none this evening.
COMMUNICATIONS
PRESIDENT PRO TEM SMITH: Communications. 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 JUNE
4, 2018.
236. CLERK DOUGHERTY: WITHDRAWING OBJECTION TO NEW APPLICATION FOR LIQ
PERMIT FOR DOLGEN MIDWEST, LLC, DBA DOLLAR GENERAL STORE 17922, @ 915
TUSCARAWAS ST. W. - JUDICIARY COMMITTEE
237. DEPARTMENT OF COMMERCE: HOOCH’S PUB, LLC’S APPLICATION FOR 2018 - 2019
RENEWAL OF CLASS D-2-2X-3-3A LIQUOR PERMIT DENIED AND REJECTED. - RECEIVED
& FILED
238. HEALTH COMMISSIONER ADAMS: AMEND APPROP O#64/2018 ($992,634.00 SUPP APPROP
FR UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND 2314 301001 FAMILY
HEALTH - 700 OTHER; $22,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2320 303002
NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) TO FUND 2320 303002 NURSING
CLINIC ACTIVITY FUND (TRAVEL CLINIC) - 600 PERSONNEL. - FINANCE COMMITTEE
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -347-
MINUTES OF THE MEETING JUNE 4, 2018
239. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C2 PERMIT FOR FAMILY DOLLAR
STORES OF OHIO INC DBA FAMILY DOLLAR 1348 WEST UNIT ONLY @ 2901 MAHONING
RD NE. - RECEIVED & FILED
240. LIQUOR CONTROL DIVISION (OHIO): REQ TRF D1 D2 D3 D3A PERMIT FROM AURICLE
LTD DBA THE AURICLE @ 601 CLEVELAND AVE NW & PATIO TO AURICLE LTD DBA
AURICLE @ 201 CLEVELAND AVE NW. - RECEIVED & FILED
241. STARK CTY COMMISSIONERS: REQ ANNEX OF APPROX 3.3642 ACRES IN CANTON TWP
TO CITY OF CANTON (THE 77 GULLIVERS @ FAIRCREST ST. SW). - PLANNING
COMMISSION
242. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 3/31/18. -
RECEIVED & FILED
243. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 4/30/18. - RECEIVED
& FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT PRO TEM SMITH: We’re now under First Readings. Mr. Clerk, please begin with
Ordinance #1.
NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ
ORDINANCES #1 THROUGH #11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY
STATE LAW, AS FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY
KNOWN AS THE HOF VILLAGE #5 ANNEXATION AREA CONTAINING
APPROXIMATELY 8.041 ACRES, MORE OR LESS; ASSIGNING SAID
TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS
HALL OF FAME VILLAGE DISTRICT (HOFV); AND DECLARING THE
SAME TO BE AN EMERGENCY PUB HRG 7/2/18 @ 7:00 AM
Referred to Annexation Committee
#2. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY
KNOWN AS THE ONE RICHMOND AVE ANNEXATION AREA
CONTAINING APPROXIMATELY 1.979 ACRES, MORE OR LESS;
ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID
TERRITORY AS SINGLE FAMILY RESIDENTIAL DISTRICT (R-1A); AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Annexation Committee PUB HRG 7/2/18 @ 7:01 AM
#3. (1ST RDG) AN ORDINANCE AMENDING PART ELEVEN, PLANNING AND ZONING
CODE OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON
Referred to Judiciary Committee PUB HRG 7/2/18 @ 7:02 AM
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MINUTES OF THE MEETING JUNE 4, 2018
#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO
ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF
COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY
SOLUTIONS GRANT, AND HOME INVESTMENT PARTNERSHIP
PROGRAM FUNDS; AND DECLARING THE SAME TO BE AN
EMERGENCY
Referred to Community & Economic Development Committee
#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO FILE WITH HUD A 2018
ANNUAL ACTION PLAN FOR THE 2018 COMMUNITY DEVELOPMENT
BLOCK GRANT, 2018 HOME INVESTMENT PARTNERSHIP, AND 2018
EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFYING
SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR
TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT
FUNDING FOR THE THREE PROGRAMS; AND DECLARING THE SAME
TO BE AN EMERGENCY
Referred to Community & Economic Development Committee
#6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ( $349,722.22
INTERFUND TRF FR 1001 GENERAL FUND TO 1154 HOF VILLAGE
PROJECT FUND; $31,162.22 SUPP APPROP FR UNAPPROP BAL OF 1154
HOF VILLAGE PROJECT FUND TO 1154 201001 SERVICE DIRECTOR
ADMIN - OTHER) (HALL OF FAME VILLAGE PROJ)
Referred to Finance Committee
#7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ($183,025.00 SUPP
APPROP FR UNAPPROP BAL OF 2530 PARK OPERATING AND SPEC REV
FUND TO 2530 401052 PARKS REC PROGRAMS - OTHER - $69,000.00, TO
2530 401060 SPECIAL PARKS FUNDS - OTHER - $29,025.00, TO 2530 401090
PARK REDEVELOPMENT - OTHER - $85.000.00) (CANTON PARKS & REC
DEPT RECEIPT OF FUNDS FR DISSOLVING CANTON JOINT REC DIST)
Referred to Finance Committee
#8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO CHANGE ORDER/CONTRACT AMENDMENT
NO. 2 IN AN AMOUNT NOT TO EXCEED $21,168.00 WITH RT FOX LLC
DBA CONNECTING POINT FOR 378 MICROSOFT HOSTED EXCHANGE
AND GFI ARCHIVER LICENSES AND ALL APPLICABLE SUPPORT;
AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND
DECLARING THE SAME TO BE AN EMERGENCY ($21,168.00 SUPP
APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO
1001 504010 INFORMATION TECHNOLOGY MANAGER - OTHER)
Referred to Finance Committee
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MINUTES OF THE MEETING JUNE 4, 2018
#9. (1ST RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN
EXTENSION TO PLAIN TOWNSHIP; AUTHORIZING THE MAYOR OR
DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE
EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE
AN EMERGENCY (WICKER CREEK HOLDING, LLC)
Referred to Environmental & Public Utilities Committee
#10. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL
OBLIGATION IN AN AMOUNT NOT TO EXCEED $26,472.00 TO HANNON
ELECTRIC COMPANY; AMENDING APPROPRIATION ORDINANCE NO.
64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
($26,472.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO
5201 207012 PUMPING MAINTENANCE - OTHER)
Referred to Finance Committee
#11. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 182, MUNICIPAL INCOME TAX,
OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON; AMENDING
APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME
TO BE EMERGENCY ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF
2120 INCOME TAX FUND TO 2120 852101 INCOME TAX - ADMIN -
OTHER; $190,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV
FUND TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER)
Referred to Judiciary Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT PRO TEM SMITH: We’re now under Second Reading Ordinances. Mr. Clerk, would you
begin with Ordinance #12.
NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ
ORDINANCES #12 THRU #21 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY
STATE LAW, AS FOLLOWS:
#12. (2ND RDG) AN ORDINANCE TO 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
#13. (2ND 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
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -350-
MINUTES OF THE MEETING JUNE 4, 2018
THE NECESSITY OF THE ISSUANCE OF SAID NOTE PROCEEDS WHICH
WILL BE USED FOR THE PAYOFF OF A PREVIOUSLY EXISTING NOTE;
AND DECLARING THE SAME TO BE AN EMERGENCY
#14. (2ND 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)
#15. (2ND 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
#16. (2ND 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
#17. (2ND 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
#18. (2ND 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)
#19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
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
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MINUTES OF THE MEETING JUNE 4, 2018
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)
#20. (2ND 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)
#21. (2ND 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)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT PRO TEM SMITH: We are now under Third and Final Readings. Mr. Clerk, would you
begin with Ordinance #22, please.
NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #22 THROUGH #25 FOR THE THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS:
#22. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 122/2018 AN
ORDINANCE AMENDING CHAPTERS 185, TRANSIENT LODGING TAX
AND 759, ROOMING HOUSES, LODGING HOUSES AND RESIDENTIAL
SOCIAL SERVICE FACILITIES OF THE CODIFIED ORDINANCES OF THE
CITY OF CANTON
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #22.
MEMBER MINOR SMITH: Second.
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PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #22. Are
there any remarks?
MEMBER BABCOCK: Madam President, I move we amend Ordinance #22 per copy that all Council
Members have in front of them.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to amend Ordinance #22 per the copy
before each of you. Are there any remarks on the amendment?
MEMBER MARIOL: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MARIOL: Being that this has to do with taxes, would the Treasurer be able to give us an
overview of this amendment?
KIM PEREZ: It’s house cleaning to deal with... uh, for our part, it’s house cleaning dealing with Airbnb’s
on making the language more fair and better for anybody out there (inaudible).
MEMBER MARIOL: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MARIOL: I guess, what is changed from the original draft?
KIM PEREZ: The original code had no Airbnb’s.
MEMBER MARIOL: No, I mean the original ordinance that we’re amending.
KIM PEREZ: I don’t have the details on... on that part. Was that the legal one?
LAW DIRECTOR BATES-AYLWARD: I don’t have all of them in front of me. One of the main ones is
to allow us to enter into agreements with the booking agents to allow them to collect bed tax. So that’s
probably the main change. Other things are clean up of language and modernization of language, but I
think the main change is to allow us to enter into those agreements with those booking agents, should we
choose to.
PRESIDENT PRO TEM SMITH: Okay. You’ve heard the remarks on Ordinance #22. By voice vote, all
those in favor signify by saying aye. The Opposes.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT PRO TEM SMITH: The ayes have it. Leader.
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MINUTES OF THE MEETING JUNE 4, 2018
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #22 as amended. Are the...
MEMBER MINOR SMITH: Second.
AMENDMENT
Pursuant to Rule 36, I move to amend Agenda Item No. 22 by the substitution of the attached amended
Exhibit A for the original pending Exhibit A.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #22 as amended. Are
there any remarks? Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Madam President.
#22 ADOPTED AS AMENDED AS ORDINANCE NO. 122/2018
PRESIDENT PRO TEM SMITH: Ordinance #22 as amended is adopted. Ordinance #23, please.
#23. (3RD RDG) ADOPTED AS ORDINANCE NO. 123/2018 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
PUB HRG 6/4/18 @ 7:00 P.M.
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #23 as amended.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It was not amended. It was just an ordinance to adopt.
MEMBER BABCOCK: I’m sorry. I move we adopt Ordinance #23.
PRESIDENT PRO TEM SMITH: Now you can second.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #23. Are there any
remarks?
MEMBER SMUCKLER: Mr. President. **
MEMBER MORRIS: Madam President. **
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MINUTES OF THE MEETING JUNE 4, 2018
** (Note: Member Smuckler and Member Morris addressed the Chair at the same time)
PRESIDENT PRO TEM SMITH: Member Morris.
MEMBER MORRIS: Thank you. Uh, I’m kinda torn and confused here at what I’m hearing. My general
consensus is for my ward that they don’t want any change. Existing ordinances on the books clearly state
that in order to operate this type of business, it has to be in an R-4, not in an R-1. Then we have a piece of
legislation here that basically, if I vote yes, tells me Airbnb is not allowed. If I vote no, Airbnb is not
allowed. Okay. The general consensus from Wards 9 and 1, because I think that is where this is basically
affected, is they don’t want to see any change. They say that we have the existing laws, let’s enforce it. I
can... I can get that. Now, on the side of the Airbnb, I live on 19th Street between Gross and Rowland.
There are twenty-one houses in that one city block. There are four owner occupied. That is an eighty
percent rental rate on my own street. One block up is an Airbnb, by far the best looking house in that area.
Not saying that Airbnb is going to fit every neighborhood. Not saying it’s going to be receptive in every
neighborhood. I think that the general consensus from my ward is we don’t want to see a change, it’s
against the law, put it to a stop. I agree with that. I would like to make a motion that we refer this back to
the Planning Commission. Okay, I am not on Judiciary so I did not chime in. If this is referred back to the
Planning Commission, it’s still illegal. It is no different than me sitting up here voting no. So Madam
Chair, I would like to make a motion to refor... refer that back to the Planning Commission.
MEMBER MARIOL: Madam President, I would second that motion. (Brief pause)
PRESIDENT PRO TEM SMITH: Okay. So the decision is that now we have to vote whether or not it
would go back to the Planning Commission.
MEMBER SMUCKLER: Madam President.
PRESIDENT PRO TEM SMITH: Just one minute. Member Smuckler.
MEMBER SMUCKLER: Did this come from the Planning Commission, Law Director?
LAW DIRECTOR BATES-AYLWARD: Yes. The Ordinance that you are looking at now was the
Planning Commission’s recommendation. And just to clarify something, it is sort of confusing,
Councilman Morris. The Planning Commission, after study, what there review was is to keep it the same
type of restriction, but to modernize language.
MEMBER MORRIS: Okay.
LAW DIRECTOR BATES-AYLWARD: Okay? So what they did was they reviewed it and they found
that our current restriction of R-4 with a conditional use permit and permanent uses in all the businesses in
hire, that was their recommendation to this Council, and they did want to modernize language though to
make it a little more easily understood perhaps to help some of the complaints that we have had about
being confused about what is and isn’t allowed. So that is where it came from.
MEMBER SMUCKLER: Madam... Madam President.
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MINUTES OF THE MEETING JUNE 4, 2018
PRESIDENT PRO TEM SMITH: Hold on one minute. Mr. Hall had his hand up first.
MEMBER HALL: Law Director, didn’t you also say if we vote on this, it could still go back to the
Planning Commission?
LAW DIRECTOR BATES-AYLWARD: What I’m saying is that just as this went to the Planning
Commission in the first place, anytime you want to change zoning, to change laws, you can always begin
that process. It does have to go to the Planning Commission. For instance, I know there’s a very large
comprehensive zoning proposal that’s coming to you that is coming from Don Angus’s office that, again,
mostly are housekeeping types of things. That is coming, first review by the Planning Commission, which
makes its recommendation to you. So I don’t know if that answers your question. Yes, this particular
recommendation came from the Planning Commission. Yes, it can go back, although we have never done
that. But yes, it can also be considered at another juncture if you want to further address changes in the
law.
MEMBER SMUCKLER: Madam President, has the majority of the Planning Commissioners changed
since this has come down to us?
LAW DIRECTOR BATES-AYLWARD: No.
MEMBER SMUCKLER: Has any of them changed since this has come down?
LAW DIRECTOR BATES-AYLWARD: Not to my knowledge unless the Mayor has done something I
don’t know about. (Chuckles) But, no.
MEMBER SMUCKLER: One?
MEMBER MARIOL: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MARIOL: I can say that one has indicated that they would like to look at this again, yes.
MEMBER SMUCKLER: No, no. That’s not what I asked. Not that they want to look at it again. When
they sent the recommendation down here, has any of the Commissioners changed? Have there been any
reappointments?
MEMBER MARIOL: I... I would hate to speak for somebody. Oh... oh, change that way. No.
MEMBER SMUCKLER: To my knowledge, and I don’t see anybody from the Administration piping up
here, nobody’s changed, they sent this down with the recommendation, and I don’t know why we’re going
to go through this process again and invite the troops down here again and put them through this on a
Monday night. I think that we run for this job, we’re asked to be here on Monday nights. They’re not
running for this job and it seems like they’re just trying to protect their interests, both sides, by being here
every Monday night. I could understand if Planning Commission had changed drastically. I don’t know
what we hope to accomplish by sending it back there, except if somebody can make a better argument in
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MINUTES OF THE MEETING JUNE 4, 2018
front of them. And I’m not looking to make arguments because all that’s gonna do is cause hostility in
this room, probably a lot more than we have already. But I can tell you, I’ve been to the Airbnb on 31st
Street already once, and I’m not interested in creating any more hostility than I ran into there already. I
think that we just ought to vote this up or down tonight and not deal with this going to Planning
Commission. (Applause)
MEMBER MORRIS: Madam President.
PRESIDENT PRO TEM: Now... the vote before you now is to send it back to Planning. So what we’re
voting on now is a yea or no vote to send it back to Planning. Mr. Clerk.
MEMBER MORRIS: Quick question, Madam President...
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MORRIS: If I may?
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MORRIS: Law Director, you said that there was a conditional provision in this?
LAW DIRECTOR BATES-AYLWARD: No. What the old law and the new law both say is that in order
for it to be in R-4 is a conditional use permit.
MEMBER MORRIS: Okay.
LAW DIRECTOR BATES-AYLWARD: It is a permanent use, in other words there is nothing else needed
in business in hire. And that’s how it was before and that’s how it would remain under the newly
proposed language as well.
MEMBER MORRIS: Okay. Well, I am going to agree with Member Smuckler because I don’t want to sit
and have this argument, and I don’t want to keep belaboring this any longer than it has. I don’t know who
or why somebody took a hornet’s next and shook it up. As typical fashion in the City of Canton, one of
the things that we do an absolute horrible, horrible damn job of is enforcing any ordinances we already
have on the book, because if they would have enforced the damn ordinance in the first place, we wouldn’t
be sitting here at 8:30 having this conversation. So I withdraw the motion. (Applause)
PRESIDENT PRO TEM SMITH: Could we get a second? Could we get a second to withdraw the
motion?
MEMBER SMUCKLER: Second.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded that Member Morris withdrew
his motion for us to dis... vote on whether it’s going back to the Planning. But... we gonna do voice vote?
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MINUTES OF THE MEETING JUNE 4, 2018
Could we have voice vote. All in favor. Opposes?
NO REMARKS MOTION TO WITHDRAW PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT PRO TEM SMITH: Then the ayes have it. What we’re getting ready to do is vote on
Ordinance #23 now.
NO REMARKS ROLL CALL 11 YEAS, 1 NAY
(MEMBER MARIOL VOTED NO)
CLERK DOUGHERTY: Eleven yeas, one nay, Madam President.
#23 ADOPTED AS ORDINANCE NO. 123/2018
PRESIDENT PRO TEM SMITH: . Uh, Ordinance #24? 23, I’m sorry, has been adopted. Thank you. 24,
please.
#24. (3RD RDG) ADOPTED AS ORDINANCE NO. 124/2018 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
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #24.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #24.
Ordinance #25, please.
CLERK DOUGHERTY: Smith... roll call.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Madam President.
#24 ADOPTED AS ORDINANCE NO. 124/2018
PRESIDENT PRO TEM SMITH: Yes. Now 24 is adopted. Ordinance #25, please.
#25. (3RD RDG) ADOPTED AS ORDINANCE NO. 125/2018 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
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MINUTES OF THE MEETING JUNE 4, 2018
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)
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #25.
PRESIDENT PRO TEM SMITH: Second, Corey.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #25. Are there any
remarks? Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 1 NAY
(MEMBER MORRIS VOTED NO)
CLERK DOUGHERTY: Eleven yeas, one nay, Madam President.
#25 ADOPTED AS ORDINANCE NO. 125/2018
PRESIDENT PRO TEM SMITH: Ordinance #25 has been adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT PRO TEM SMITH: We’re under Announcements of Committee Meetings.
MEMBER MARIOL: Madam... Madam President. Judiciary will meet June 18th at 6:15.
PRESIDENT PRO TEM SMITH: Other Committee Meetings?
MEMBER FISHER: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER FISHER: Environmental & Public Utilities (inaudible).
MEMBER MINOR SMITH: Madam President, Community & Economic Development will also meet on
June 18th at 6:15. Thank you.
PRESIDENT PRO TEM SMITH: Thank you.
MEMBER MORRIS: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
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MEMBER MORRIS: Finance will meet same time, same place. I will not be here. I will be in Sin City,
USA.
UNIDENTIFIED VOICE: Nice.
UNIDENTIFIED VOICE: What, you’re gone to East Canton? (Laughter)
PRESIDENT PRO TEM SMITH: Thank you.
CLERK DOUGHERTY: Annexation.
PRESIDENT PRO TEM SMITH: He did Annexation. He need to do Judicial.
CLERK DOUGHERTY: No, he did Judicial.
MEMBER MARIOL: No, I...
PRESIDENT PRO TEM SMITH: Okay. Well, we did just the opposite.
MEMBER MARIOL: Madam President, Annexation, same time, same place.
PRESIDENT PRO TEM SMITH: Okay, thank you. Are there any more Committee Meetings?
MISCELLANEOUS BUSINESS
PRESIDENT PRO TEM SMITH: We’re under Miscellaneous Business. Is there any Miscellaneous
Business? We’ll have the quote of the week.
CLERK DOUGHERTY: Thank you, Madam President. “Great things are not done by impulse, but by a
series of small things brought together.” - Vincent Van Gogh
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move to adjourn.
MEMBER MINOR SMITH: Second.
PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adjourn. Mr. Clerk, roll call
please.
(Noise from movement and voices)
PRESIDENT PRO TEM SMITH: Excuse me. We are still in the meeting. Thank you.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -360-
MINUTES OF THE MEETING JUNE 4, 2018
CLERK DOUGHERTY: Twelve yeas, Madam President.
PRESIDENT PRO TEM SMITH: Thank you. Meeting’s adjourned.
ADJOURNMENT TIME: 8:35 P.M.
ATTEST: APPROVED:
DAVID R. DOUGHERTY CHRIS SMITH
CLERK OF COUNCIL PRESIDENT PRO TEM
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM JUNE 4, 2018
ROLL CALL: All Mem bers Present
M OTION TO EXCUSE M EM BERS: Pres. Schulm an Absent
INVOCATION: Kevin Hall, W ard 6 Council Mem ber
PLEDGE OF ALLEGIANCE: President Pro Tem Sm ith
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 2 nd Rdg O#12 - O#21; O#22 Adopted as Am ended)
PUBLIC HEARINGS:
7:00 PM 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 CITY OF
CANTON (18 SPEAKERS) O#123/2018
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Pete DiGiacom o said he understands why people are against the AirBnB. There are two
properties in his neighborhood that were single fam ily rentals, but now the owners rent single room s to transients. He asked
Safety Dir. Perry if any problem s have been reported regarding AirBnB’s and how long there have been AirBnB’s in the city of
Canton. Ray Roney spoke about the continued speeding on Monum ent Rd. and asked that som ething be done before som eone
gets hurt.
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
236. CLERK DOUGHERTY: W ITHDRAW ING OBJECTION TO NEW APPLICATION FOR LIQ
PERMIT FOR DOLGEN MIDW EST, LLC, DBA DOLLAR GENERAL
STORE 17922, @ 915 TUSCARAW AS ST. W . - JUDICIARY
COMMITTEE
237. DEPARTMENT OF COMMERCE: HOOCH’S PUB, LLC’S APPLICATION FOR 2018 - 2019
RENEW AL OF CLASS D-2-2X-3-3A LIQUOR PERMIT DENIED
AND REJECTED. - RECEIVED & FILED
238. HEALTH COMMISSIONER ADAMS: AMEND APPROP O#64/2018 ($992,634.00 SUPP APPROP FR
UNAPPROP BAL OF FUND 2314 FAMILY HEALTH TO FUND
2314 301001 FAMILY HEALTH - 700 OTHER; $22,000.00 SUPP
APPROP FR UNAPPROP BAL OF FUND 2320 303002 NURSING
CLINIC ACTIVITY FUND (TRAVEL CLINIC) TO FUND 2320
303002 NURSING CLINIC ACTIVITY FUND (TRAVEL CLINIC) -
600 PERSONNEL. - FINANCE COMMITTEE
239. LIQUOR CONTROL DIVISION (OHIO): REQ NEW C2 PERMIT FOR FAMILY DOLLAR STORES OF OHIO
INC DBA FAMILY DOLLAR 1348 W EST UNIT ONLY @ 2901
MAHONING RD NE. - RECEIVED & FILED
240. LIQUOR CONTROL DIVISION (OHIO): REQ TRF D1 D2 D3 D3A PERMIT FROM AURICLE LTD DBA THE
AURICLE @ 601 CLEVELAND AVE NW & PATIO TO AURICLE
LTD DBA AURICLE @ 201 CLEVELAND AVE NW . - RECEIVED &
FILED
241. STARK CTY COMMISSIONERS: REQ ANNEX OF APPROX 3.3642 ACRES IN CANTON TW P TO
CITY OF CANTON (THE 77 GULLIVERS @ FAIRCREST ST. SW ).
- PLANNING COMMISSION
242. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 3/31/18. -
RECEIVED & FILED
243. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 4/30/18. -
RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS HOF VILLAGE #5 ANNEXATION AREA
CONTAINING APPROX 8.041 ACRES, ASSIGNING SAID TERRITORY TO W ARD 7, ZONING SAID
TERRITORY AS HALL OF FAME VILLAGE DISTRICT (HOFV); EMERGENCY
Referred to Annexation Com m ittee PUB HRG 7/2/18 @ 7:00 PM
1 ST RDG 2. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS ONE RICHMOND AVE ANNEXATION AREA
CONTAINING APPROX 1.979 ACRES, ASSIGNING SAID TERRITORY TO W ARD 6, ZONING SAID
TERRITORY AS SINGLE FAMILY RESIDENTIAL DISTRICT (R-1A); EMERGENCY
Referred to Annexation Com m ittee PUB HRG 7/2/18 @ 7:01 PM
1 ST RDG 3. AMEND PART ELEVEN, PLANNING AND ZONING CODE OF CODIFIED ORDINANCES OF CITY OF
CANTON
Referred to Judiciary Com m ittee PUB HRG 7/2/18 @ 7:02 PM
1 ST RDG 4. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO ALL
CONTRACTS NECESSARY FOR TIMELY EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK
GRANT (NO SINGLE AW ARD TO EXCEED $500,000.00), EMERGENCY SOLUTIONS GRANT (NO
SINGLE AW ARD TO EXCEED $200,000.00), AND HOME INVESTMENT PARTNERSHIP PROG FUNDS
(NO SINGLE AW ARD TO EXCEED $500,000.00); EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
CANTON CITY COUNCIL AGENDA - PAGE 2 - JUNE 4, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
1 ST RDG 5. AUTHORIZE MAYOR TO FILE W ITH HUD A 2018 ANNUAL ACTION PLAN FOR 2018 COMMUNITY
DEVELOPMENT BLOCK GRANT, 2018 HOME INVESTMENT PARTNERSHIP, AND 2018 EMERGENCY
SOLUTIONS GRANT PROGRAMS; RATIFY SUBMISSION AND FILING OF SAID PLAN; AUTHORIZE
MAYOR TO EXECUTE GRANT AGMTS W ITH HUD AND ACCEPT FUNDING FOR THE THREE
PROGRAMS; EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 6. AMEND APPROP O#64/2018; EMERGENCY ($349,722.22 INTERFUND TRF FR 1001 GENERAL FUND
TO 1154 HOF VILLAGE PROJECT FUND; $31,162.22 SUPP APPROP FR UNAPPROP BAL OF 1154 HOF
VILLAGE PROJECT FUND TO 1154 201001 SERVICE DIRECTOR ADMIN - OTHER) (HALL OF FAME
VILLAGE PROJ)
Referred to Finance Com m ittee
1 ST RDG 7. AMEND APPROP O#64/2018; EMERGENCY ($183,025.00 SUPP APPROP FR UNAPPROP BAL OF 2530
PARK OPERATING AND SPEC REV FUND TO 2530 401052 PARKS REC PROGRAMS - OTHER -
$69,000.00, TO 2530 401060 SPECIAL PARKS FUNDS - OTHER - $29,025.00, TO 2530 401090 PARK
REDEVELOPMENT - OTHER - $85.000.00) (CANTON PARKS & REC DEPT RECEIPT OF FUNDS FR
DISSOLVING CANTON JOINT REC DIST)
Referred to Finance Com m ittee
1 ST RDG 8. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDER/CONTRACT AMENDMENT NO.
2 IN AMT NOT TO EXCEED $21,168.00 W ITH RT FOX LLC DBA CONNECTING POINT FOR 378
MICROSOFT HOSTED EXCHANGE AND GFI ARCHIVER LICENSES AND ALL APPLICABLE SUPPORT;
AMEND APPROP O#64/2018; EMERGENCY ($21,168.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL OPERATING FUND TO 1001 504010 INFORMATION TECHNOLOGY MANAGER - OTHER)
Referred to Finance Com m ittee
1 ST RDG 9. APPROVE CANTON CITY W ATER MAIN EXTENSION TO PLAIN TW P; AUTHORIZE MAYOR OR SERV
DIR TO ENTER INTO AGMT FOR EXTENSION OF W ATER MAIN; EMERGENCY (W ICKER CREEK
HOLDING, LLC)
Referred to Environm ental & Public Utilities Com m ittee
1 ST RDG 10. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $6,472.00 TO HANNON
ELECTRIC COMPANY; AMEND APPROP O#64/2018; EMERGENCY ($26,472.00 SUPP APPROP FR
UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207012 PUMPING MAINTENANCE - OTHER)
Referred to Finance Com m ittee
1 ST RDG 11. AMEND CHAPTER 182, MUNICIPAL INCOME TAX, OF CODIFIED ORD OF THE CITY OF CANTON;
AMEND APPROP O#64/2018; EMERGENCY
Referred to Judiciary Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#12 - O#21)
2 ND RDG 12. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN
AGGREGATE PRINCIPAL AMT NOT TO EXCEED $500,000.00 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 (FIN)
2 ND RDG 13. 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 (FIN)
2 ND RDG 14. 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) (FOR CONTINUED OPERATION OF COURT) (FIN)
2 ND RDG 15. 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 (C&ED)
2 ND RDG 16. 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 (E&PU)
2 ND RDG 17. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT AMENDMENTS W ITH STARK
COUNTY COMMUNITY ACTION AGENCY FOR $50,000.00 FOR ENRICHMENT & ACADEMIC
MENTORING AND $30,000.00 FOR EMPLOYMENT READINESS TRAINING; EMERGENCY (C&ED)
2 ND RDG 18. AUTHORIZE HIRING OF MR. JAMES BENEKOS AT SALARY OF $88,888.00 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) (PER)
CANTON CITY COUNCIL AGENDA - PAGE 3 - JUNE 4, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED:
2 ND RDG 19. 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) (PPCI)
2 ND RDG 20. 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) (E&PU AND PPCI)
2 ND RDG 21. DECLARE CERTAIN PROPERTY NO LONGER NEEDED FOR MUNICIPAL PURPOSES AND AUTHORIZE
ITS BID FOR SALE; EMERGENCY (STEAM LOCOMOTIVE AND TENDER) (PPCI)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
AM ENDED AS
122/2018 22. AMEND CHAPTERS 185, TRANSIENT LODGING TAX AND 759, ROOMING HOUSES, LODGING
HOUSES AND RESIDENTIAL SOCIAL SERVICE FACILITIES OF CANTON CODIFIED ORDINANCES
123/2018 23. 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 P.M .
124/2018 24. AUTHORIZE DISCHARGE OF DEMO LIENS, ASSESSMENTS, PENALTIES, AND INTEREST ON PROP
KNOW N AS PARCEL #226346; EMERGENCY
125/2018 25. 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)
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, June 18, 2018 in Council Caucus Room at 6:15 PM
1) Judiciary Com m ittee
2) Environm ental & Public Utilities Com m ittee
3) Com m unity & Econom ic Developm ent Com m ittee
4) Finance Com m ittee
5) Annexation Com m ittee
M ISCELLANEOUS BUSINESS: None
QUOTE OF THE W EEK: “Great things are not done by impulse, but by a series of small things brought together.” - Vincent Van
Gogh
ADJOURNM ENT: 8:35 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JUNE 18, 2018 @ 7:00 PM
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