City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -468- MINUTES OF THE MEETING SEPTEMBER 10, 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: 11 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN AND MEMBER SMUCKLER ABSENT) CLERK DOUGHERTY: Eleven present, one absent, Madam Chair. EXCUSING MEMBERS PRESIDENT PRO TEM SMITH: Thank you. Leader. MEMBER BABCOCK: Madam President, I move we excuse President Schulman and Member Smuckler from tonight’s meeting. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to excuse President Schulman and Member Smuckler from this evening’s meeting. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. PRESIDENT PRO TEM SMITH: Thank you. The motion carries and President Schulman and Member Smuckler are excused from this evening’s meeting. We will have the invocation given tonight by Ward 1 Council Member, Greg Hawk. But before we do, could we please have a moment of silence for the 9/11 victims, on tomorrow. Thank you so very much, and please stand and please remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on September 10, 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 1 Council Member, Greg Hawk. The Pledge of Allegiance was led by President Pro Tem Smith. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM SMITH: We are now under Agenda Corrections and Changes. Leader. MEMBER BABCOCK: Madam President...Madam President, I move Rule 22A be suspended to add 2nd Reading on Ordinances 12 through 14. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -469- MINUTES OF THE MEETING SEPTEMBER 10, 2018 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 14 to this evening’s agenda. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. PRESIDENT PRO TEM SMITH: The motion carries and Ordinances 12 through 14 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT PRO TEM SMITH: We are now under Public Hearings and we have none tonight. OLD BUSINESS PRESIDENT PRO TEM SMITH: We’re now under Old Business. Is there...is there...and there is no Old Business. PUBLIC SPEAKS PRESIDENT PRO TEM SMITH: We are now under Public Speaks. We have 2 speaker for tonight. The first one is Pete DiGiacomo. Would you please come, step your name, address. PETE DIGIACOMO: My name’s Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. Um...what I want to speak about is dogs, mainly. Uh...off a leash, owner has no control over ‘em. Uh, found out there is no leash law in the city of Canton, so that means if you get bit by a...a dog that’s vicious or don’t like you, just wants to bite you, it’s uh, interesting what’s gonna take place after that. Uh...the city of Canton gets sued pretty regularly and I just feel that a leash law is gonna hin...excuse the way I’m gonna say this, put a little more teeth in the law to help the city of Canton, so they don’t get sued for somebody that is uh, not taking of care of...responsibility of not taking care of their animals. Otherwords, they just let ‘em run, roam on other people’s property. Um, had an incident couple of weeks ago. Rottweiler, probably at least 150 to 160 pounds, uh, called...I knew...I know where it came from; called the police. I didn’t...I was hoping they would show up but I didn’t really expect it, and I was right, they didn’t show up. Um...it’s...it’s...sooner or later, if it hasn’t happened already, it’s going to happen, because you’ve got dogs that...you know...if they want to bite ya, they’re gonna bite ya. And if the person that owns that dog is not responsible, there you go. And the person that gets bit, and then they start wanting to sue somebody, who has the most money? The person with the dog that they let run wherever it wants to, or the city of Canton? I would go with the city of Canton, if I was gonna sue, because you don’t have a leash law, you don’t have a way of protecting your citizens. Think about it, all of you. Thank you. PRESIDENT PRO TEM SMITH: Our next speaker is Ms. Roberta Covington. Would you please state your name and address. ROBERTA COVINGTON: Robert Covington, 1941 Tuscarawas St. East, Canton, Ohio. I’m very concerned about the information given on the 3rd St. SE Bridge meeting, at the Engineer’s Office. Suggestions that there COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -470- MINUTES OF THE MEETING SEPTEMBER 10, 2018 would be improvements made at Lee’s Park are very unlikely. Park staff quoted “There must be return on investment to the park.” Stated several times, “There must be investment to the park...return on investment to the park.” An example was Vascar (Vassar) Park. Activities happening weekly. There is no guarantee of upgrades at Lee’s Park. Furthermore, 3rd St. SE Bridge services would be...be reduced to save the city money, even though the most cost would be paid for by grants. A uh...DH Kaiser Company, right next to the park, stated on his comment form that was delivered to the Engineer’s building...Trucks use 3rd St. SE Bridge and then go to 4th St. to facilitate his business. Reducing the bridge, pedestrian, only would hamper his business. “ That was his quote. Does Canton care about his business...I’m cert...on 3rd St. SE, there, right beside the park? Comprehensive Planning stated that importance of improving the corridor...the Tusc corridor, the East...uh...the 3rd St. Corridor, compounds the need for the 3rd St. Bridge being open to all traffic, not just bike and pedestrians only. Redur...reducing services to the area, saving money, seems to be very small minded and lacks vision for the future of Canton and its businesses. Why should Tusc and the SE side always have to do without for the benefit of other areas? What is the greater good for all the community? Chris, I have one question. How can I help you save 3rd St. Bridge? And I mean that. PRESIDENT PRO TEM SMITH: (Inaudible). ROBERTA COVINGTON: Hmm? PRESIDENT PRO TEM SMITH: After the meeting... ROBERTA COVINGTON: Okay. Hopefully it’s good. (Laughs). PRESIDENT PRO TEM SMITH: I appreciate that. 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 #51. #51. COUNCIL AS-A-WHOLE: OPPOSE HOUSE BILL 228 (STAND YOUR GROUND LAW). - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER MINOR SMITH: Madam President, may I make a comment regarding this? I would like to take this opportunity to thank Chief Angelo, as well as Law Director Bates, for providing the opportunity the reach out to Council Members to explain this pending resolution and to answer any questions. So, I do appreciate him coming to today’s meeting as well as Director...Law Director Bates calling to make herself available to answer questions. And I do appreciate the support of each Council Member who has um...signed on to this resolution. Thank you. PRESIDENT PRO TEM SMITH: You’re welcome. Leader. MEMBER BABCOCK: Madam President, I move we adopt...or...Informal Re...Re...Resolution #51. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -471- MINUTES OF THE MEETING SEPTEMBER 10, 2018 PRESIDENT PRO TEM SMITH: After hearing Member Smith’s remarks, by voice vote, all those in favor signify by saying aye. Those opposed. NO REMARKS RESOLUTION #51 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Resolution #51 is adopted, #52, please. #52. MAJORITY LEADER SMITH: AUTHORIZE AND DIRECT SERV DIR TO ENTER INTO PURCH ORDER IN AMT NOT TO EXCEED $47,788.20 WITH XYLEM PUMPS AND RENTAL SALES, INC. FOR MOBILE BYPASS PUMP FOR COLLECTION SYSTEMS DEPT. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance...Informal Resolution #52. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #52. Are there any remarks? MEMBER MINOR SMITH: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: I would just like a brief explanation of what this is and what area it would serve. SERVICE DIRECTOR HIGHMAN: Madam President. PRESIDENT PRO TEM SMITH: Yes. SERVICE DIRECTOR HIGHMAN: Um, this is a purchase of a mobile bypass pump. Essentially, um, when...when we are doing sewer work, we have to shut down a portion of the sewer. Um...this pump allows us to go into a down into a manhole, pump whatever it is that we need to pump to a different location, to a different manhole and allows us to shut that down to go in to do the cleaning. This particular Informal Resolution...the Collections Systems Department worked with the Purchasing Department to receive quotes, um...the low quote was from Xylem Pumps and um...any other questions, I’d be happy to answer. MEMBER MINOR SMITH: Thank you, Director Highman. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: Service Director, question. Is there any particular reason why we have to purchase this pump with such urgency? I know that we went the route of give...increasing the amount that the Administration could spend and we also put the provision in there for an Informal Resolution as a quicker way COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -472- MINUTES OF THE MEETING SEPTEMBER 10, 2018 to streamline it, my concern is that we’re going to abuse this Informal Resolution process and everything is going to be expedited and passed on the 1st Reading, so you can go ahead and purchase it, or is this just within your threshhold to spend anyhow? SERVICE DIRECTOR HIGHMAN: This...this particular type of purchase was the goal of the Ordinance as passed. The...the purpose here is State law has the $50,000.00 bid threshhold (Inaudible). The purpose of this was to allow Council to see...to...to allow us to use the State bid threshhold of $50,000.00 that way under the bid threshhold we’re saving the advertising cost, the bid cost, the personnel cost, the printing cost, and the eight to ten week process that it takes to get...to get through; however, with the Informal Resolution and the...I think this is the third time we’ve used it since it passed several months ago. The approach, the few times we have used it, has been for me to require the Purchasing Department to do the quotes, have everything done prior to going to Council. When we typically bring down an Ordinance for the formal bid process, what we do is leave that more open ended because we’re advertising, the bid, and the process, and everything we’re going to do. So the goal here has been to do all of those other steps up front, so with the purpose of being full transparency, so that everybody can see...”Okay, they’ve got quotes, they were the low quote, here is what it is, and why we’re doing it.” And so, when we passed the other Ordinance, that was the goal, was for the items under $50,000.00 to do those in a more efficient manner and save on those costs. So, um...hypothetically, should Council decide to not want to approve the Informal Resolution, we could always come back with an Ordinance, but the efficiency in costs saved, both the real costs of the advertising and those things, and with the personnel costs involved, the goal was to allow the Purchasing Department to work on those other things. So, the short answer is yes, that was the goal of the Ordinances, and the approach has been full (Inaudible), and that’s why it was...came down this (Inaudible), so now there’s still full (Inaudible) transparency with those items between $25 and $50, so that was the approach as passed and that’s been the approach we’ve taken, I believe only three times since then. MEMBER MORRIS: Thank you, Service Director. PRESIDENT PRO TEM SMITH: Are there any more questions, issues or concerns on Informal Resolution # 52? MEMBER SCAGLIONE: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER SCAGLIONE: Director Highman, you say this was a low bid. Was this the best bid? Is this a pump that is new, is it used? Is this (Inaudible), is this the best bid? SERVICE DIRECTOR HIGHMAN: According to Superintendent DiMarzio, yes and that would be a new pump. So this was vetted through his department as well. Yes, it would be a new pump. MEMBER SCAGLIONE: Thank you. PRESIDENT PRO TEM SMITH: Are there anymore questions, issues or concerns? If not, all those in favor signify by saying aye. Opposes? NO REMARKS RESOLUTION #52 PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -473- MINUTES OF THE MEETING SEPTEMBER 10, 2018 PRESIDENT PRO TEM SMITH: Then Resolution #52 is adopted. COMMUNICATIONS PRESIDENT PRO TEM SMITH: 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 SEPTEMBER 10, 2018. 343. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 8/30/18. - RECEIVED & FILED 344. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 8/1/18 THRU 8/31/18. - RECEIVED & FILED 345. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 8/31/18. - RECEIVED & FILED 346. AUDITOR MALLONN: REQ RE-ISSUE AND SALE OF REVITALIZATION ANTICIPATORY NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $2,000,000.00 (REVITALIZATION, DEMOLITION). - FINANCE COMMITTEE 347. COUNCIL-AT-LARGE SMUCKLER, COUNCIL-AT-LARGE BABCOCK, COUNCIL MBR HAWK, WARD 1, COUNCIL MBR SCAGLIONE, WARD 3, COUNCIL MBR CHESTER, WARD 2, COUNCIL MBR FISHER, WARD 5, COUNCIL MBR MARIOL, WARD 7, COUNCIL MBR FERGUSON, WARD 8, COUNCIL MBR MORRIS, WARD 9: ESTABLISH HOUSING GRANT PROG TO PROVIDE CITY GRANTS TO HOMEOWNERS FOR EXTERIOR PROPERTY IMPROVEMENTS; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT WITH COMMUNITY BUILDING PARTNERSHIP OF STARK CTY, INC. IN AMT NOT TO EXCEED $200,000 TO ADMINISTER PROG; AUTHORIZE AUDITOR TO DRAW WARRANTS FROM ISSUE 13 NEIGHBORHOOD FUND. - FINANCE COMMITTEE 348. COURT ADMIN KOCHERA: REQ $80,000.00 SUPP APPROP FR UNAPPROP BAL OF #2797- 701001 SPECIALIZED DOCKET GRANT FUND TO PERSONNEL #2797-701001 SPECIALIZED DOCKET GRANT FUND. - FINANCE COMMITTEE 349. DEPUTY MAYOR WILLIAMS: AMEND CURRENT JEDD AGMT, TAX SHARING AGMT, AND JOB CREATION AGMT WITH STOLLE MACHINERY AND JACKSON TWP TO INCREASE TAX RATE IN JEDD FR 2.0% TO 2.5% RETRO TO 7/1/18, ELIMINATE BASELINE PAYROLL FIGURE OF APPROX $2.1 MILLION AND CALCULATE PAYMENT ON ALL JOBS AT JACKSON TWP LOCATION RETRO TO JOB CREATION AGMT EXECUTED 12/27/17, AND EXTEND JOB CREATION AGMT FR 10 YRS TO 13 YRS EXPIRING 2030. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -474- MINUTES OF THE MEETING SEPTEMBER 10, 2018 350. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO TRF PERMANENT PARCEL NOS 217756, 234936, 283669 & 283671 AT 1000 BLOCK OF TUSCARAWAS ST W TO CCIC FOR TRF TO MARK & DEBRA ARMSTRONG, DBA BAUM PLUMBING. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 351. FINANCE DIRECTOR CROUSE: REQ $75,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852002 TREASURER GROWTH INIT SETTLEMENT - OTHER. - FINANCE COMMITTEE 352. FINANCE DIRECTOR CROUSE: REQ $130,000.00 APPROP TRF FR 1001 501001 MAYOR ADMIN - OTHER TO 1001 103001 FIRE ADMIN - OTHER FOR $100,000.00 AND TO 1001 102001 POLICE ADMIN - OTHER FOR $30,000.00. - FINANCE COMMITTEE 353. LIQUOR CONTROL DIV (OHIO): REQ TRF OF D1, D3 PERMIT FROM KAB 1 LLC, DBA IRISH EXCHANGE TO BS BIG HOUSE LLC, DBA IRISH EXCHANGE @ 3824 W TUSCARAWAS ST (WARD 3). - RECEIVED & FILED 354. LAW DIRECTOR BATES AYLWARD: AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT OF $4,950.29 TO WALTER H. DRANE CO FOR EXPENSES INCURRED IN PRINTING OF CODIFIED ORDINANCE SUPPLEMENTS. - FINANCE COMMITTEE 355. LAW DIRECTOR BATES AYLWARD: APPROVE EDITING AND INCLUSION OF CERTAIN ORDINANCES ADOPTED FR 11/27/17 TO 6/18/18 TO BE INCORPORATED INTO CANTON CODIFIED ORDINANCES; REQ AUTHORIZATION TO DISTRIBUTE, FREE OF CHARGE, TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS, COPIES OF 2017-2018 CANTON CITY CODE SUPPLEMENT AND AFFIX PRICE OF $9.40 FOR SALE OF SAME TO HOLDERS OF CITY CODE. - JUDICIARY COMMITTEE 356. MAYOR BERNABEI, DEPUTY MAYOR WILLIAMS, COUNCIL PRES SCHULMAN, MAJORITY LDR SMITH, ASST MAJORITY LDR BABCOCK, COUNCIL-AT-LARGE MINOR SMITH, COUNCIL-AT-LARGE SMUCKLER, COUNCIL MBR HAWK, WARD 1, COUNCIL MBR CHESTER, WARD 2, COUNCIL MBR SCAGLIONE, WARD 3, COUNCIL MBR FISHER, WARD 5, COUNCIL MBR HALL, WARD 6, COUNCIL MBR MARIOL, WARD 7, COUNCIL MBR FERGUSON, WARD 8: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMTS WITH CANTON COMMUNITY IMPROVEMENT CORP IN AMT OF $75,000.00 PER YR FOR 3 YR PERIOD COMMENCING APPROX 10/1/18 TO PROVIDE FUNDING FOR OPERATIONS OF INNOVATION DISTRICT; AMEND O#120/2017 TO PROVIDE AUTHORIZATION TO MAYOR AND/OR SERV DIR TO ENTER INTO COOP AGMTS AND REDEVELOPMENT CHARGE AGMTS (RE: TIF PAYMENTS AND CHARGES); AMEND O#228/2017 TO CHANGE COMPOSITION OF DOWNTOWN REDEVELOPMENT/INNOVATION DISTRICT BD TO MAKE IT ADVISORY BD. - FINANCE AND DOWNTOWN DEVELOPMENT COMMITTEES 357. SERVICE DIRECTOR HIGHMAN: REQ INFORMAL RESOLUTION APPROVING PURCH COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -475- MINUTES OF THE MEETING SEPTEMBER 10, 2018 ORDER IN AMT OF $47,788.20 FOR MOBILE BYPASS PUMP FOR COLLECTION SYSTEMS DEPT (XYLEM PUMPS AND RENTAL SALES, INC.). - RECEIVED & FILED 358. SERVICE DIRECTOR HIGHMAN: REQ $30,890.27 APPROP FR UNAPPROP BAL OF 5232 AVONDALE AREA PH 1 WTR MN REO PR TO 5232 AVONDALE AREA PH 1 WTR MN REO PROG - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 359. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AUDITOR TO PAY MORAL OB TO CONSTELLATION NEW ENERGY, INC. IN AMT NOT TO EXCEED $26,221.01; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM SMITH: We’re now under Ordinances and Formal Resolutions for their First Reading. 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 AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($35,000.00 SUPP APPROP FR UNAPPROP BAL OF 2762 701001 INDIGENT TREATMENT FUND TO 2762 701001 INDIGENT TREATMENT - OTHER) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ( $2,528,200.00 SUPP APPROP FR UNAPPROP BAL OF 2211 COMMUNITY DEVELOPMENT FUND TO 2211 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $601,505.00 SUPP APPROP FR UNAPPROP BAL OF 2214 HOME FUND TO 2214 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $81,006.00 SUPP APPROP FR UNAPPROP BAL OF 2219 EMERGENCY SHELTER GRANT FUND TO 2219 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER) Referred to Community & Economic Development and Finance Committees #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($59,000.00 SUPP APPROP FR UNAPPROP BAL OF 2415 GUARDRAIL/ATTENUATOR REPLACEMENT FUND TO 2415 202210 MAINTENANCE - OTHER FOR $15,000.00 AND TO 2415 753001 LAW - OTHER FOR $44,000.00) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -476- MINUTES OF THE MEETING SEPTEMBER 10, 2018 #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY TWO MORAL OBLIGATIONS IN AMOUNTS NOT TO EXCEED $74,000.00 TO CENTURY EQUIPMENT INC. AND $8,000.00 TO CANTON BALLET; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOTS 8847 AND 8848; AND DECLARING THE SAME TO BE AN EMERGENCY (JEFF BARBER, 1003 12TH ST NW, WARD 1) Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOT 25235 AND PART OF OUT LOT 524; AND DECLARING THE SAME TO BE AN EMERGENCY (MICHAEL GAMBONE, 1215 HOMEDALE AVE NW, WARD 1) Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE VACATING A PORTION OF OLIVE PLACE N.E. AND TWO UNNAMED 10' ALLEYS; AND DECLARING THE SAME TO BE AN EMERGENCY (RON SPENCER, FERROUS PROCESSING & TRADING CO FPT CANTON LAND LLC, WARD 9) PUB HRG WAIVED Referred to Public Safety & Thoroughfares Committee #8. (1ST RDG) AN ORDINANCE VACATING A PORTION OF GEORGE PLACE S.W.; APPROVING AND ACCEPTING THE REPLAT OF PART OF LOTS NOS. 2992 AND 2993 AND ALL OF LOTS NOS. 2990 AND 2991 AND THE VACATED PORTION OF GEORGE PLACE S.W.; AND DECLARING THE SAME TO BE AN EMERGENCY (WALTER & JULI HENSCH, WARD 4) Referred to Public Safety & Thoroughfares Committee PUB HRG WAIVED #9. (1ST RDG) AN ORDINANCE VACATING A PORTION OF FOLMER PLACE N.E.; APPROVING AND ACCEPTING THE REPLAT OF LOTS 22839, 22840 AND 22841; AND DECLARING THE SAME TO BE AN EMERGENCY (DELANO MEANS, WARD 4) PUB HRG WAIVED Referred to Public Safety & Thoroughfares Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OF DIRECTOR OF PUBLIC SAFETY TO RECEIVE AND IMPLEMENT THE FY 2017 SAFER GRANT IN THE AMOUNT OF $1,036,353.00; AUTHORIZING THE AUDITOR TO APPROPRIATE AND CREATE THE 2818 FIRE FEMA SAFER GRANT 2017 FUND; AMENDING APPROPRIATION ORDINANCE 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($160,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 103001 GENERAL FUND - PAYROLL FOR $100,000.00 AND TO 1001 103001 GENERAL FUND - PAYROLL FRINGES FOR $60,000.00; $160,000.00 SUPP COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -477- MINUTES OF THE MEETING SEPTEMBER 10, 2018 APPROP FR UNAPPROP BAL OF 2818 FIRE FEMA SAFER GRANT 2017 TO 2818 103001 SAFER GRANT 2017 - OTHER) Referred to Finance Committee #11. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS AWARD AND EXECUTE A CONSTRUCTION CONTRACT AND PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES, AND ENTER INTO AGREEMENT WITH THE OHIO EPA TO RECEIVE A LOAN FOR THE CANTON SOUTH WATERLINE EXTENSION-PHASE 1 (HUMAN HEALTH) PROJECT; AUTHORIZING THE AUDITOR TO CREATE THE 5238 CANTON SOUTH WATERLINE EXTENSION - PHASE 1 (HUMAN HEALTH) PROJECT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM SMITH: Thank you so very much. We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #12. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #12 THROUGH #14 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT A DONATION OF LAND FROM LMP PROPERTIES LLC; AND DECLARING THE SAME TO BE AN EMERGENCY ( 9TH & MCKINLEY NW, PARCEL #239055, FOR FUTURE DEVELOPMENT) #13. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($140,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT FUND TO 6041 208010 SERVICE AND REPAIR - OTHER) #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE HIRING OF MR. BROCK MCCROSKEY AT A SALARY OF $60,000 ANNUALLY WITH TEN DAYS OF VACATION IN 2019 AND RETURNING TO THE APPLICABLE CITY VACATION SCHEDULE IN 2020; AND DECLARING THE SAME TO BE AN EMERGENCY (COLLECTION SYSTEM ENGINEER 2) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMITH: Thank you so very much. We are now under Ordinances and Formal Resolutions for their Third and Final Reading and Vote. Mr. Clerk, would you please begin with Ordinance #15. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -478- MINUTES OF THE MEETING SEPTEMBER 10, 2018 FOLLOWING ORDINANCES #15 THROUGH #21 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 178/2018 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 #15. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #15. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #15 ADOPTED AS ORDINANCE NO. 178/2018 PRESIDENT PRO TEM SMITH: Ordinance #15 has been adopted. Ordinance #16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 179/2018 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) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #16. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been properly moved and seconded to adopt Ordinance #16. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -479- MINUTES OF THE MEETING SEPTEMBER 10, 2018 CLERK DOUGHERTY: Eleven yeas, Madam President. #16 ADOPTED AS ORDINANCE NO. 179/2018 PRESIDENT PRO TEM SMITH: Ordinance #16 is adopted. Ordinance #17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 180/2018 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 206058 OWDA WRF PHOSP PROJ (CONST) - 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. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #17 ADOPTED AS ORDINANCE NO. 180/2018 PRESIDENT PRO TEM SMITH: Ordinance #17 has been adopted. Ordinance #18, please. PRESIDENT PRO TEM SMITH: That motion carries and Ordinance #17 is adopted. Ordinance #18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 181/2018 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) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #18. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -480- MINUTES OF THE MEETING SEPTEMBER 10, 2018 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 11YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #18 ADOPTED AS ORDINANCE NO. 181/2018 PRESIDENT PRO TEM SMITH: Ordinance #18 is adopted. Ordinance #19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 182/2018 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) 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. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #19 ADOPTED AS ORDINANCE NO. 182/2018 PRESIDENT PRO TEM SMITH: Ordinance #19 has been adopted. Ordinance #20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 183/2018 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 PRESIDENT PRO TEM SMITH: Leader. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -481- MINUTES OF THE MEETING SEPTEMBER 10, 2018 MEMBER BABCOCK: Madam President, I move we adopt Ordinance #20. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #20. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #20 ADOPTED AS ORDINANCE NO. 183/2018 PRESIDENT PRO TEM SMITH: Ordinance #20 has been adopted. Ordinance #21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 184/2018 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 PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #21. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #21. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #21 ADOPTED AS ORDINANCE NO. 184/2018 PRESIDENT PRO TEM SMITH: Ordinance #21 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM SMITH: We are now under Announcements of Committee Meetings. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -482- MINUTES OF THE MEETING SEPTEMBER 10, 2018 MEMBER MORRIS: Finance will meet September 17 at 6:15 p.m. PRESIDENT PRO TEM SMITH: Thank you. MEMBER MINOR SMITH: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: The Community & Economic Development Committee will meet at 6:15 on September 17, 2018. MEMBER HAWK: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER HAWK: Thank you. Public Safety & Thoroughfares will meet (Inaudible) September 17. Thank you very much. PRESIDENT PRO TEM SMITH: Thank you. MEMBER FISHER: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER FISHER: Environmental & Public Utilties will meet September 17th. PRESIDENT PRO TEM SMITH: Thank you. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMITH: We are now under Miscellaneous Business. Is there any Miscellaneous Business? We are now...(Inaudible). (Laughs). We will now have the thought of the week from no other than Clerk Dougherty. CLERK DOUGHERTY: Prior...prior to that, a reminder...we have Feed the Needy picnic this Saturday. Set up starts at 8:30 - 9:00, function is from 11 to 1, so anybody that wants to come down and help out. You’re welcome. We want to see your smiling faces! Quote for the week is from Mark Twain, “Never argue with stupid people, they will drag you down to their level and then beat you with experience.” (Laughter). PRESIDENT PRO TEM SMITH: Okay. Leader. MEMBER BABCOCK: Madam President, I move to adjourn. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -483- MINUTES OF THE MEETING SEPTEMBER 10, 2018 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you. This meeting is adjourned. (Gavel falls). Continue to have a great week. ADJOURNMENT TIME: 7:25 PM ATTEST: 9/11/18 APPROVED: DAVID R. DOUGHERTY CHRIS SMITH CLERK OF COUNCIL PRESIDENT PRO TEM