City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -435- MINUTES OF THE MEETING AUGUST 13, 2018 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 August 13, 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 At-Large Council Member, James Babcock. 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 Ordinance #12 to this evening’s agenda. Ordinance #13 will be retained in committee. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinance 12 to this evening’s agenda. Ordinance #13 will be retained in committee. Are there any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -436- MINUTES OF THE MEETING AUGUST 13, 2018 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT SCHULMAN: The motion carries and Ordinance 12 is a legal part of your agenda. PUBLIC HEARINGS PRESIDENT PRO TEM SMITH: We are under Public Hearings and we have none tonight. OLD BUSINESS PRESIDENT PRO TEM SMITH: Is there any Old Business? There is no Old Business? PUBLIC SPEAKS PRESIDENT PRO TEM SMITH: We are now under Public Speaks. We have two speakers for this evening. Our first speaker is Mr. Pete DiGiacomo. PETE DIGIACOMO: Thank you. Uh...Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio. At the last Council meeting, after getting ready to go home, I pulled...because I had parked in one of the diagonal parking places...got into my car, to my left there was a pickup truck. And I’m sitting there and I’m thinking, “If I just go ahead and pull out, I have no idea what’s coming down the road. I don’t know if...in the lane for the vehicles, if I, I...I couldn’t see if there was a car coming and if there was a bicycle. I couldn’t see that either. So, I kinda challenge any of the Council people, go out and...unless you’re driving a pickup truck or a van, it doesn’t matter. If you’re driving a car, or a smaller car, pull into one of them places after Council here, and see if you could see what would be coming. You can’t. You understand what I’m trying to say? Yes...no...? Ok. And there’s an accident waiting to happen. Hopefully it does not happen, but like right now, there’s very little traffic out there, but during the normal business day, I know that...this mic ain’t even on. (Taps mic). Okay, it uh, it’s really busy, and to pull out...just to pull out...and...I could see an accident happening, really, really easy. Just something you might want to look and uh...check for yourselves. If I’m wrong, let me know. If I’m right, let me know. Thank you. PRESIDENT PRO TEM SMITH: Thank you. (Applause). Our next speaker is Ms. Patricia Kirk. PATRICIA KIRK: Hello, thank you very much. Is it on? Can yo hear me okay. (Taps mic). PRESIDENT PRO TEM SMITH: Yes, it’s on, Ms. Kirk. PATRICIA KIRK: Okay, alright. My name is Patricia Kirk. I live at 131 5th St. NE, Apt. 508. Same place for 23 years. I hear you’re revamping Kresge lot again; .058 of an acre, less than half of an acre. Did you know that the Stark County Soil & Water Conservation has a strict standard on any project development and its effect on its environment; however, because Kresge lot is beneath ½ of an acre, you don’t have to hold these really strict standards. Do you know what a sink hole is? We’ve got ‘em downtown. We’ve had ‘em downtown. We’ve been trying to fill ‘em downtown. Across the street, on 5th St. On Market Avenue, there is a parking lot with sunken sidewalks and sunken places in the parking lot. They’ve been trying to fill a hole there for weeks. They still have the cone over it. I think, to my knowledge, they’ve filled it three times. It should be at least a three foot pillar. They can’t fill it. Do you know why sink holes happen? Do you remember being told about the flood waters running down the sidewalks and the streets every time it rains? There’s no porous ground for COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -437- MINUTES OF THE MEETING AUGUST 13, 2018 water to go in. Without that, the city’s water level drops. We have hundreds of people in a one block area, more than some small towns have. They all need water, they use water. We have sink holes. Sink holes are when the ground level water is dropping. They can’t be filled up. Why is this? Because rain water cannot go down into empty ground and be absorbed where it’s used by the city. If it goes down into the sewer, it goes on out. It’s not being used. It takes eighteen grown trees to support one person, for one year, with oxygen. In my building, we have two hundred and fifteen people. Across, we have another couple hundred. Across the street from there, we have another couple hundred. Down on the other side of the parking lot, we have a nursing home. We’ve got a lot of people there. They’re dying faster, younger. A lot of them are on oxygen. I wonder why? Have you ever seen those pictures of China, with people walking in the streets, with masks? That’s us. Thank you. INFORMAL RESOLUTIONS PRESIDENT PRO TEM SMITH: We are now under Informal Resolutions, and we have two this evening. Mr. Clerk, would you please read Informal Resolution #48, by title, please. #48. COUNCIL-AS-A-WHOLE: SUPPORTING STARK COUNTY DISTRICT LIBRARY 2.2 MILL LEVY ON 11/6/18 BALLOT. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Informal Resolution #48. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #48. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed. NO REMARKS RESOLUTION #48 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Resolution #48 is adopted. Resolution #49, please. #49. PERSONNEL COMMITTEE: CONFIRMING MAYOR’S APPT OF JOHN C. RUSS TO CANTON BD OF BLDG APPEALS COMMENCING 8/13/18 TO 12/31/19. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Informal Resolution #49. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #49. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #49 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Resolution #49 is adopted. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -438- MINUTES OF THE MEETING AUGUST 13, 2018 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 AUGUST 13, 2018. 313. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 7/1/18 - 7/31/18. - RECEIVED & FILED 314. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 - 7/31/18. - RECEIVED & FILED 315. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 7/31/18. - RECEIVED & FILED 316. DEPUTY MAYOR WILLIAMS: ACCEPT DONATION OF REAL PROPERTY LOCATED AT 9TH AND MCKINLEY NW, PARCEL #239055. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 317. FINANCE DIRECTOR CROUSE: REQ $140,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT FUND TO 6041 208010 SERVICE AND REPAIR - OTHER (DMV BUDGET). - FINANCE COMMITTEE 318. HEALTH COMMISSIONER ADAMS: RECOMMENDATION OF MEDICAL DIRECTOR AND BD OF HEALTH OF CANTON CITY HEALTH DISTRICT REGARDING USE OF ELECTRONIC VAPOR DEVICES (“E-CIGARETTES”); URGE COUNCIL TO CONSIDER FUTURE LIMITATIONS OF USE OF E-CIGARETTES AND VAPING AT INDOOR LOCATIONS THAT PROHIBIT SMOKING UNDER OHIO SMOKE FREE WORKPLACE ACT. - RECEIVED& FILED 319. PROPERTY OWNER FPT CANTON LAND LLC: REQ VACATION OF OLIVE PL NE FR WESTERN LINE OF PPN 226565 EASTERLY TO TERMINUS AND INCLUDE 2 UNNAMED ALLEYS FR NORTHERN RIGHT OF WAY LINE OF OLIVE PL NE NORTHERLY TO THEIR RESPECTIVE TERMINUS (WARD 9). - PLANNING COMMISSION 320. PROPERTY OWNERS WALTER & JULI HENSCH: REQ VACATION OF GEORGE PL SW FR WESTERN RIGHT OF WAY OF PATTERSON AVE SW TO EASTERN RIGHT OF WAY OF COOK AVE SW (WARD 4). - PLANNING COMMISSION 321. SERVICE DIRECTOR HIGHMAN: AUTHORIZE $60,000.00 ANNUAL SALARY FOR COLLECTION SYSTEMS ENGINEER 2, BROCK MCCROSKEY; AUTHORIZE MR. MCCROSKEY TO RECEIVE (10) DAYS VACATION ON 1/1/19 FOR 2019 CALENDAR YR WITH VACATION ACCRUALS RETURNING TO APPLICABLE CITY VACATION SCHEDULE IN 2020. - PERSONNEL COMMITTEE 322. TREASURER PEREZ: COMPARATIVE RPTS OF INCOME TAX RECEIPTS FOR JANUARY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -439- MINUTES OF THE MEETING AUGUST 13, 2018 2018 THRU JUNE 2018. - RECEIVED & FILED 323. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR JULY, 2018. - RECEIVED & FILED. 324. TREASURER PEREZ: RPT OF AMBULANCE LOCK BOX ACCT FOR JULY, 2018. - RECEIVED & FILED 325. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF JULY 31, 2018. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM SMITH: We’re now under Ordinances and Formal Resolutions for their First Readings. Mr. Clerk, please read 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 RESTRICTING THE DISTANCE BETWEEN A STORE THAT SELLS PACKAGED, OR SINGLE CANS OR BOTTLES, OR BEER, WINE, OR LIQUOR, AND THE FOLLOWING LOCATIONS: ANOTHER SUCH STORE; A SEXUALLY ORIENTED BUSINESS; ALL CHURCHES, TEMPLES OR OTHER PLACES OF WORSHIP; ALL CHILD CARE FACILITIES; SCHOOLS; PUBLIC PARKS; HOSPITALS; AND HISTORIC LANDMARKS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT AND ENTER INTO THE COMDOC/GLOBAL IMAGING SOLUTIONS, INC. JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT AREA IN JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY (NEW OFFICE & DISTRIBUTION CTR FOR 250 EMPLOYEES) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION TAX INCENTIVE AGREEMENT WITH COMDOC/GLOBAL IMAGING SOLUTIONS, INC. PURSUANT TO THE CITY’S INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,316,085.30 APPROP TRF FR 5410 206057 OWDA WRF PHOSP PROJ MEMB (6556) - OTHER TO 5410 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -440- MINUTES OF THE MEETING AUGUST 13, 2018 206058 OWDA WRF PHOSP PROJ (CONST) - OTHER) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($250,000.00 SUPP APPROP FR UNAPPROP BAL OF 2815 FEMA SAFER GRANT 2015 FUND TO 2815 103001 FIRE ADMIN - OTHER) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A CONTRACT WITH PHYSIO CONTROL, INC. FOR THE PURCHASE OF TWO ADDITIONAL HEART MONITORS UTILIZING ANY PROCUREMENT PROCESS ALLOWED BY EITHER THE ORC OR CANTON CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY (FIRE DEPT FOR AMBULANCES) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO LEXINGTON FARMS NORTH, LTD NO. 4, NO. 5 AND ANY UNNAMED PHASES; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ANY AGREEMENTS, NECESSARY FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FINAL AGREEMENT/SETTLEMENT FOR PARCEL 40-WD, U, T WITH ARCHLAND PROPERTY I, LLC IN AN AMOUNT NOT TO EXCEED $109,367.00 FOR THE MAHONING RD CORRIDOR PHASE I, G.P. 1103; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement and Finance Committees #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #1 AND FINAL IN AN AMOUNT NOT TO EXCEED $59,693.03 WITH AT&T FOR THE MAHONING RD CORRIDOR PHASE I, G.P. 1103; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #10. (1ST RDG) AN ORDINANCE ACKNOWLEDGING RECEIPT AND APPROVAL OF THE STARK-TUSCARAWAS-WAYNE JOINT SOLID WASTE MANAGEMENT DISTRICT SOLID WASTE MANAGEMENT PLAN; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee (COUNCIL RECESSED AT 7:14 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -441- MINUTES OF THE MEETING AUGUST 13, 2018 #11; RECONVENED AT 7:15 PM) #11. (1ST RDG) ADOPTED AS ORDINANCE NO. 167/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 901001 CIVIL SERVICE - OTHER) Referred to Finance Committee PRESIDENT PRO TEM SMITH: At this time, the Chair will declare an in-house recess for the Finance Committee to meet in regards to Ordinance #11 on your agenda for this evening. You are now in recess. PRESIDENT PRO TEM SMITH: Okay, Council is reconvening after the recess. Leader. MEMBER BABCOCK: Madam President, I move we suspend Rule 22A to place Ordinance #11 back on this evening’s agenda. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: Ordinance #11 is a legal part of your agenda. Leader. MEMBER BABCOCK: Madam President, I move we suspend the Statutory Rules on Ordinance #11. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend the Statutory rules on Ordinance #11. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: Thank you. You’ve heard the three readings, Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #11. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -442- MINUTES OF THE MEETING AUGUST 13, 2018 PRESIDENT PRO TEM SMITH: It’s been moved and seconded that you adopt Ordinance #11. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President #11 ADOPTED AS ORDINANCE NO. 167/2018 ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM SMITH: Mr. Clerk, could you please read Ordinances and Formal Resolutions for our Third and Final Reading, please. (Note: President Pro Tem Smith should have said “Ordinances and Formal Resolutions for their Second Reading”). NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCE #12 FOR ITS SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #13 RETAINED IN COMMITTEE): CLERK DOUGHERTY: This will be the Second Reading...#12... PRESIDENT PRO TEM SMITH: Sorry... #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($14,478.00 SUPP APPROP FR UNAPPROP BAL OF 1152 NIP ACQUISITION DEMO DEBT FUND TO 1152 101501 CODE ENFORCEMENT - OTHER) #13. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH GOVERNMENT JOBS.COM, INC. DBA NEOGOV; AND DECLARING THE SAME TO BE AN EMERGENCY (COMPREHENSIVE HUMAN RESOURCES MGMT SYSTEM AND SUPPORT) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMITH: We’re now under Ordinances for our Third and Final Readings. NOTE: PRESIDENT PRO TEM SMITH 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: CLERK DOUGHERTY: Thank you, Madam President. #14. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 168/2018 AN ORDINANCE ADOPTING AMENDMENTS TO THE ECONOMIC GROWTH INITIATIVE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -443- MINUTES OF THE MEETING AUGUST 13, 2018 REGULATIONS AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I...I move we amend Ordinance #14 per copy all Council Members have in front of them. CLERK DOUGHERTY: Move to adopt. MEMBER BABCOCK: I move we adopt Ordinance #14. PRESIDENT PRO TEM SMITH: Second? Second? MEMBER BABCOCK: ...Not yet... MEMBER MINOR SMITH: ... Ok...Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance 14. Are there any remarks? CLERK DOUGHERTY: Move to amend. MEMBER BABCOCK: Madam President. I move to amend Ordinance 14 per copy that all Council Members have in front of them. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved & seconded to amend Ordinance 14 per copy before each of you. Are there any remarks? If not, by voice vote, all those in favor signify by saying aye. Those opposed. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. The motion carries. Leader. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #14, as amended. MEMBER MINOR SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 14 in Section 1 by changing the word “rebate” to “credit”, removing the words “on an as needed basis”, changing the years from “10" to “15" and by the substitution of the attached amended Exhibit for the original pending exhibit. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance 14 as amended. Are there COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -444- MINUTES OF THE MEETING AUGUST 13, 2018 any remarks under this Ordinance, as amended? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #14 ADOPTED AS AMENDED AS ORDINANCE NO. 168/2018 PRESIDENT PRO TEM SMITH: Ordinance #14, as amended is adopted. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 169/2018 AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2019; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #15. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #15. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #15 ADOPTED AS ORDINANCE NO. 169/2018 PRESIDENT PRO TEM SMITH: Thank you. Ordinance 15 has been adopted. Ordinance #16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 170/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 6017 HEALTH & LIFE INSURANCE FUND TO 6017 201001 SERVICE DIRECTOR ADMIN - PERSONNEL) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #16. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -445- MINUTES OF THE MEETING AUGUST 13, 2018 PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #16. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #16 ADOPTED AS ORDINANCE NO. 170/2018 PRESIDENT PRO TEM SMITH: Thank you. Ordinance #16 is adopted. Ordinance #17, please. #17. (3RD RDG) POSTPONED UNTIL 8/27/18 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($400,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV FUND TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #17. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #17. Are there any remarks? Hearing none, roll call vote please. MEMBER BABCOCK: Madam President, I think we’re gonna...we’re gonna postpone that until 8/27. PRESIDENT PRO TEM SMITH: Okay, that one was postponed ‘til the 27th. All those in favor...or do we do voice vote? Okay. Could you second it? MEMBER BABCOCK: I make a motion that we postpone Ordinance #17 ‘til August 27. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to postpone Ordinance #17 until August 27. By voice vote, all those in favor signify by saying aye. Opposed. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Ordinance #17 will be postponed until the 27th. Ordinance #18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 171/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -446- MINUTES OF THE MEETING AUGUST 13, 2018 BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF TABLES AND RELATED WARRANTIES AND ACCESSORIES FOR THE POLICE DEPARTMENT; OR TO ALTERNATIVELY ENTER INTO CONTRACT FOR SAID PURCHASE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO CREATE THE 2790 2017-DJ-BX- 0135 EDWARD BYRNE MEMORIAL GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($37,296.00 SUPP APPROP FR UNAPPROP BAL OF 2790 2017-DJ-BX-0135 EDWARD BYRNE MEMORIAL GRANT FUND TO 2790 102001 POLICE ADMIN - OTHER) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #18. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #18 ADOPTED AS ORDINANCE NO. 171/2018 PRESIDENT PRO TEM SMITH: Ordinance #18 is adopted. Ordinance #19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 172/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1) COMBINATION SEWER CLEANER; OR TO ALTERNATIVELY PURCHASE SAID EQUIPMENT PURSUANT TO ANY COOPERATIVE PURCHASING AGREEMENTS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY. PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #19. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -447- MINUTES OF THE MEETING AUGUST 13, 2018 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #19 ADOPTED AS ORDINANCE NO. 172/2018 PRESIDENT PRO TEM SMITH: Ordinance #19 has been. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM SMITH: We’re now under Announcements of Committee Meetings. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: Finance will meet August 27th at 6:00 p.m. MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: Judiciary will meet same time, same place. MEMBER MINOR SMITH: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: Community & Economic Development will also meet at the same time and the same place. Thank you. MEMBER FISHER: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER FISHER: Environmental & Public Utilities (Inaudible). PRESIDENT PRO TEM SMITH: We’re now under Miscell... CLERK DOUGHERTY: We need PPCI, please. MEMBER SCAGLIONE: Public Capital Improvements will meet, same time, same place. (Note: Member Scaglione should have said “Public Property Capital Improvement”). CLERK DOUGHERTY: Also, Madam President... PRESIDENT PRO TEM SMITH: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -448- MINUTES OF THE MEETING AUGUST 13, 2018 CLERK DOUGHERTY: There will be a presentation given by HR (Inaudible). MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMITH: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER MINOR SMITH: Yes, Madam President. Um...I...there were some great events that took place this weekend. I just wanted to recognize some of the organizations such as Georgeview Estates, who had a neighborhood cookout, as well as St. Benedict’s Church, who had their annual Back to School Celebration, and the 8th Annual Community Celebration that took place downtown with organizations like Better...uh...better Me, as well as Cork & Canvas on 3rd and Enrichment. It was all in celebration of our youth and helping our youth to excel in the community. In addition, I would like to ask all Council Members and those in the audience to join in for a moment of silence for Raymond Strain. Um...many of you may know him as “Baby Ray”, but he did pass this Saturday and um...he was very instrumental in this community. Very involved in this community. He was, I think, the first and only African American who was a Deputy Registrar for the Driver’s Bureau, uh, had his station out in Canton South. He was...uh...employed by the city of Canton at some point. Just very involved in civil rights, voting registration, and just most recently, being a substitute teacher as well as a foster parent. So, I would just like to take a moment of silence for Mr. Strain and lift his family and close friends up in prayer. Thank you. (MOMENT OF SILENCE) PRESIDENT TO TEM SMITH: Thank you so very much. Also, I would like you all to keep Mr. Zachary in prayer. Mr. Zachary had a very bad accident. He’s doing a lot better, but we want him to have a speedy recovery. Also, Kevin Hall...I understand that you had a birthday yesterday? (Laughter). MEMBER HALL: Who? PRESIDENT PRO TEM SMITH: You! CLERK DOUGHERTY: Big 5 - 0! UNIDENTIFIED VOICE: Welcome to the Club! (Laughter). MEMBER HALL: Thank you. PRESIDENT PRO TEM SMITH: You’re welcome. Ok, Mr. Clerk, could you please give us...(Inaudible). CLERK DOUGHERTY: (Inaudible)...It’s International Left Handers Day. A show of hands for left- handers out there. International Left Handers Day. You know, it’s only 10% of the world population is left handed. So I thought I’d have a quote for the week about left handers. “God made everyone right handed, the truly gifted overcame it .” - Anonymous. (Laughter). (Applause). PRESIDENT PRO TEM SMITH: A left handed clap! MEMBER BABCOCK: Madam President, I move we adjourn. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -449- MINUTES OF THE MEETING AUGUST 13, 2018 PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adjourn. Roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: This meeting is adjourned. Have a good week everybody. ADJOURNMENT TIME: 7:30 P.M. ATTEST: 8-16-18 APPROVED: DAVID R. DOUGHERTY CHRIS SMITH CLERK OF COUNCIL PRESIDENT PRO TEM