City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -484- MINUTES OF THE MEETING SEPTEMBER 17, 2018 PRESIDENT PRO TEM SMITH: Good evening. Please be seated. (Brief pause) 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, BILL SMUCKLER, GREG HAWK, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN AND MEMBER CHESTER ABSENT) CLERK DOUGHERTY: Eleven present, one absent, Madam President. EXCUSING MEMBERS PRESIDENT PRO TEM SMITH: Thank you. Leader. MEMBER BABCOCK: Madam President, I move we excuse President Schulman and Member Chester from tonight’s meeting. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to excuse President Schulman and Member Chester 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 Chester are excused from this evening’s meeting. We have the invocation given tonight by Ward 3 Council Member, Jason Scaglione. If you will all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on September 17, 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 3 Council Member, Jason Scaglione. 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, I move Rule 22A be suspended to add 2nd Reading Ordinances 14 through 24. Ordinance #13 will be retained in committee. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -485- MINUTES OF THE MEETING SEPTEMBER 17, 2018 PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 14 through 24 to this evening’s agenda. Ordinance #13 will be retained in committee. 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 Ordinance 13 through 24 are a legal part of your agenda. (Note: President Pro Tem Smith states Ordinance “13" through 24 are a legal part of your agenda. However, Ordinance “14" through 24 are a legal part of the agenda.) PUBLIC HEARINGS PRESIDENT PRO TEM SMITH: We are now under Public Hearings. We have none tonight. OLD BUSINESS PRESIDENT PRO TEM SMITH: We are now under Old Business. Deputy Mayor? There is no Old Business. PUBLIC SPEAKS PRESIDENT PRO TEM SMITH: We are now under Public Speaks. We have no speakers tonight. 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 #53 by title, please. #53. COUNCIL AS-A-WHOLE: EXPRESS OPPOSITION TO PROPOSED CHANGES IN FEDERAL REGULATIONS GOVERNING TITLE X NATIONAL FAMILY PLANNING PROGRAM & DECLARE SUPPORT FOR ACCESS TO ALL LEGAL FAMILY PLANNING SERVICES AND RELATED COUNSELING. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Informal Resolution #53. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #53. Are there any remarks? Hearing none... MEMBER MINOR SMITH: Yes, Madam... PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: Madam President, I have a remark. PRESIDENT PRO TEM SMITH: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -486- MINUTES OF THE MEETING SEPTEMBER 17, 2018 MEMBER MINOR SMITH: A woman’s body should not be up for a vote. Thank you. PRESIDENT PRO TEM SMITH: After hearing those remarks, by voice vote all those in favor signify by saying aye. Opposes. NO REMARKS RESOLUTION #53 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Motion carries, and Resolution #53 is adopted. Resolution #54, please. #54. COUNCIL-AS-A-WHOLE: ESTABLISHING THE CANTON CITY YOUTH COUNCIL, EFFECTIVE SEPTEMBER 17, 2018. - ADOPTED MEMBER FISHER: Madam President, (inaudible). PRESIDENT PRO TEM SMITH: Yes. CLERK DOUGHERTY: Informal Resolution respectfully submitted by Council-as-a-Whole on this 17th day of September, 2018. Whereas, Canton City Council, recognizing and placing high value on the eagerness of the city's youth to be involved in their community and the idea of local governing, and Whereas, Canton City Council recognizes today's youth to be tomorrow's leaders and appreciates the need to guide and coach these youth as well as to hear from and learn from these youth, and Whereas, The State of Ohio deems 18 to be the appropriate and legal age for one to seek and hold political statewide office, and Canton City Youth Council being viewed as an appropriate means of providing reasonable experience toward local governing. Now, Therefore Be It Resolved That: The Council of the city of Canton hereby establishes this Canton City Youth Council to be effective this date, September 17th, 2018. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #54. Are there any remarks? Hearing none, by voice vote all those in favor signify by saying aye. MEMBER BABCOCK: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER BABCOCK: Uh, we need a motion. I think. PRESIDENT PRO TEM SMITH: So sorry about that. Could we have that motion, Leader. MEMBER BABCOCK: That’s alright. Madam President, I move we adopt Informal Resolution #54. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: Now it’s been moved and seconded to adopt Informal Resolution #54. Are there any remarks? Hearing none, by voice vote all those in favor signify by saying aye. Opposed. NO REMARKS RESOLUTION #54 PASSED UNANIMOUSLY BY VOICE VOTE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -487- MINUTES OF THE MEETING SEPTEMBER 17, 2018 PRESIDENT PRO TEM SMITH: Then that motion carries. And at this time we want to hear from Ward 5 Council Member, Mr. Robert Fisher. MEMBER FISHER: Could we have the Youth Council Members stand up. I just want to say thank you to all of you for expressing an interest in being involved in your city. Um, I... I think I can speak for everybody here saying that we look forward to working with you, and don’t ever be afraid to reach out to us and give us ideas. Sometimes we tend not to listen to you cause you seem to be younger and you can’t vote for us, so keep us honest. Thank you. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: Could we please have these young people walk up to the microphone and introduce themselves... PRESIDENT PRO TEM SMITH: Yes, we can. MEMBER MORRIS: ...and say what wards they’re from? PRESIDENT PRO TEM SMITH: Yes, we can. And can you also, if your parent is here, could you ask them to stand too once you come up to the mic. SH’DIAMOND OLIVER: Excuse me, is it on? Excuse me. PRESIDENT PRO TEM SMITH: Yes, it’s on. SH’DIAMOND OLIVER: Oh, okay. Can you say it again? What you said last. What do you want us to do? PRESIDENT PRO TEM SMITH: Could you state your name... SH’DIAMOND OLIVER: Yes. PRESIDENT PRO TEM SMITH: A ward that your from, and if any parent or someone here to represent you, would you ask them to stand, please. SH’DIAMOND OLIVER: Okay. My parent is not here today. My name is Sh’Diamond Oliver, but I prefer to go by Diamond, and I’m not assigned to a ward, I am the Council President for my group. Thank you. PRESIDENT PRO TEM SMITH: Alright. Welcome aboard, Ms. President. (Laughter) MARIAH FREDERICK: I am Mariah Frederick and I am the Council Clerk. PRESIDENT PRO TEM SMITH: Alright. CLAUDIA MAYLE: I am Claudia Mayle, and I’m Ward 3. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -488- MINUTES OF THE MEETING SEPTEMBER 17, 2018 HANNAH DAVIS: Hello, my name is Hannah Davis and I am At-Large. PRESIDENT PRO TEM SMITH: Alright. JOHN REPKO: I’m John Repko. Um, this is my mom. PRESIDENT PRO TEM SMITH: U-mmm. (Laughter) JOHN REPKO: I live in Ward 7, but I’ll be working with Ward 8. PRESIDENT PRO TEM SMITH: Alright. JANESE BILLINGS: Hi, I’m Janese Billings and I’ve been assigned Ward 2. PRESIDENT PRO TEM SMITH: Okay. KIERRA MCCOLLUM: Hello, everyone. My name is Kierra McCollum and I have been assigned to Ward 4... PRESIDENT PRO TEM SMITH: Alright. KIERRA MCCOLLUM: ...and my mother’s over there. (Applause) PRESIDENT PRO TEM SMITH: Thanks for that clap, y’all. (Laughter) TAVIS BARTON: Um, hello. My name’s Tavis Barton. Um, my father is actually no longer here, he left. And um... (laughter). I will be working with John Mariol and representing Ward 7. So... PRESIDENT PRO TEM SMITH: Alright. And we take it Patrick Barton is your father? TAVIS BARTON: Yes, Patrick Barton is my father. PRESIDENT PRO TEM SMITH: Yes, he is. (Laughter) ESTLIN HILLER: Hi... sorry. My name’s Estlin Hiller. Um, I’m accompanied by my mom in the blue back there. PRESIDENT PRO TEM SMITH: Alright. ESTLIN HILLER: Love you, Mom. And I’ll be representing Ward 5 with Mr. Fisher. PRESIDENT PRO TEM SMITH: U-mmm. ANTHONY PARKER: Hello. Uh, my name’s Anthony Parker. I live in Ward 7, however I’ll be an At-Large Representative. GRACE SELF: Um, hi. My name is Grace Self. I live in Ward 3, but I’ll be an At-Large Representative. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -489- MINUTES OF THE MEETING SEPTEMBER 17, 2018 PRESIDENT PRO TEM SMITH: Alright. RONALD STOKOE: Um, hello. I’m Ronald Stokoe, and I’ll be working with Ward 9. PRESIDENT PRO TEM SMITH: Okay. JOSH REDDICK: Josh Reddick. I will be working in Ward 6. PRESIDENT PRO TEM SMITH: Alright. ERIK SPINELLI: I’m Eric Spinelli. I’ll be advising all these young, educated and well professional... look at ‘em, they’re all sharp, all very well dressed. Um, I teach at Canton McKinley High School. I teach AP Gov, Government, CCP Political Science. Um, so I’m... I’m very excited to work with all of you. First of all, thank you for formally adopting this. Thank you for working collaboratively with this and being mentors and mentoring these... this next generation. So, first of all, thank you. Thank you, Mayor, for... for giving this wonderful opportunity. I’m very excited to work with all the department heads. Um, yeah, so for... I mean, this is our next generation. So I’m very excited. (Applause) PRESIDENT PRO TEM SMITH: Also, could you introduce the next... the other two young ladies that’s been working close with them also. ERIK SPINELLI: Oh, yeah. PRESIDENT PRO TEM SMITH: Yes. ERIK SPINELLI: Oh, I’m sorry. PRESIDENT PRO TEM SMITH: That’s okay. ERIK SPINELLI: We also have Andrea Ramsey. She works in the downtown campus with us. PRESIDENT PRO TEM SMITH: Yes. ERIK SPINELLI: She’s our secondary resource. (Applause) ERIK SPINELLI: As well as Laurie Moline. She is here... yeah, in the blue. I couldn’t remember what she was wearing. (Applause) She works with United Way and the Get Connected Program with us. And we also have Manuel Halkias, he’s our Speech and Debate Coach, who will be co-advising this with me. So... PRESIDENT PRO TEM SMITH: Okay. ERIK SPINELLI: A lot of you guys know Manuel. PRESIDENT PRO TEM SMITH: Thank you so very much. ERIK SPINELLI: Thank you. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -490- MINUTES OF THE MEETING SEPTEMBER 17, 2018 PRESIDENT PRO TEM SMITH: Thanks to all of you for wanting to be a part. So we’ll be looking for you all in the... now and in the future to help us move this city forward. Thank you so very much. COMMUNICATIONS PRESIDENT PRO TEM SMITH: Okay. 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 17, 2018. 360. FINANCE DIRECTOR CROUSE: AMEND APPROP O#64/2018 ($47,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102090 POLICE - CANTON CRIME LAB - PERSONNEL SERVICES); EMERGENCY. - FINANCE COMMITTEE 361. PLANNING COMMISSION: AUTHORIZE CHANGES TO CANTON COD ORD (ZONING CODE - ADDING SEC 1134.06 - PACKAGED LIQUOR STORES AND AMEND CHAPTERS 1131 AND 1146). - JUDICIARY COMMITTEE 362. SAFETY DIRECTOR PERRY: AMEND APPROP O#64/2018 ($69,000.00 SUPP APPROP FR UNAPPROP BAL OF 2160 VACANT/FORECLOSURE EXP FUND TO 2160 101501 CODE ENFORCEMENT ADMIN - OTHER); EMERGENCY. - FINANCE COMMITTEE 363. TREASURER PEREZ: MNTHLY RPT PARKING METER REVENUE FOR AUGUST 2018. - RECEIVED & FILED 364. TREASURER PEREZ: MNTHLY RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX ACCT FOR AUGUST, 2018. - RECEIVED & FILED 365. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING INVESTMENTS AS OF AUGUST 31, 2018. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM SMITH: We are 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 #12 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST 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 $2,000,000, 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 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -491- MINUTES OF THE MEETING SEPTEMBER 17, 2018 DETERIORATING STRUCTURES AND THE IMPROVEMENT OF THOSE SITES, THEREBY ENABLING THE USE OR REUSE OF LANDS WITHIN THE CITY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY OR SERVICE TO NEGOTIATE AND ENTER INTO CONTRACT WITH THE COMMUNITY BUILDING PARTNERSHIP OF STARK COUNTY, INC. FOR A HOUSING IMPROVEMENT AND MAINTENANCE GRANT PROGRAM; AUTHORIZING THE AUDITOR TO DRAW HIS WARRANTS FROM ISSUE 13 NEIGHBORHOOD FUND IN AN AMOUNT NOT TO EXCEED $200,000; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($80,000.00 SUPP APPROP FR UNAPPROP BAL OF 2797 SPECIALIZED DOCKET GRANT FUND TO 2797 701001 SPECIALIZED DOCKET GRANT FUND - PERSONNEL) (CONTINUED OPERATION OF THE COURT) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #’S 217756, 234936, 283669 AND 283671 FOR TRF TO MARK & DEBRA ARMSTRONG, DBA BAUM PLUMBING) Referred to Community & Economic Development Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($75,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852002 TREASURER GROWTH INIT SETTLEMENT - OTHER) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ( $130,000.00 APPROP TRF FR 1001 501001 MAYOR ADMIN FUND - OTHER TO 1001 103001 FIRE ADMIN - OTHER - $100,000.00, TO 1001 102001 POLICE ADMIN - OTHER - $30,000.00) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $4,950.29 TO WALTER H COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -492- MINUTES OF THE MEETING SEPTEMBER 17, 2018 DRANE COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY (PRINTING COD ORD SUPPLEMENTS) Referred to Finance Committee #8. (1ST RDG) A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF THE 2018 SUPPLEMENT TO THE CANTON CODIFIED ORDINANCES; TO AFFIX THE PRICE FOR THE SALE OF SAME; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Judiciary Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT WITH THE CANTON COMMUNITY IMPROVEMENT CORPORATION IN AN AMOUNT NOT TO EXCEED $75,000 PER YEAR, FOR A THREE-YEAR PERIOD, TO PROVIDE FUNDING FOR OPERATIONS OF THE INNOVATION DISTRICT; AMENDING ORDINANCE NO. 120/2017, TO PROVIDE AUTHORIZATION TO THE MAYOR AND/OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO COOPERATIVE AGREEMENTS AND REDEVELOPMENT CHARGE AGREEMENTS; AMENDING ORDINANCE NO. 228/2017 TO CHANGE THE COMPOSITION AND AUTHORITY OF THE DOWNTOWN REDEVELOPMENT/INNOVATION DISTRICT BOARD; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Downtown Development Committees #11. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ( $30,890.27 SUPP APPROP FR UNAPPROP BAL OF 5232 AVONDALE AREA PH I WATR MN REO PRO FUND TO 5232 207035 AVONDALE AREA PH I WTR MN REO PROG - OTHER) Referred to Finance Committee #12. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $26,221.01 TO CONSTELLATION NEW ENERGY, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -493- MINUTES OF THE MEETING SEPTEMBER 17, 2018 ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM SMITH: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #14. Ordinance #13 will be retained. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #14 THROUGH #24 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #13 RETAINED IN COMMITTEE): #13. (2ND RDG) RETAINED IN COMMITTEE 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 #14. (2ND 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) #15. (2ND 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) #16. (2ND 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 #17. (2ND 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) #18. (2ND 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) #19. (2ND 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 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -494- MINUTES OF THE MEETING SEPTEMBER 17, 2018 #20. (2ND 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) PUB HRG WAIVED #21. (2ND 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 #22. (2ND 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 APPROP FR UNAPPROP BAL OF 2818 FIRE FEMA SAFER GRANT 2017 TO 2818 103001 SAFER GRANT 2017 - OTHER) #23. (2ND 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 #24. (2ND RDG) ADOPTED AS ORDINANCE NO. 185/2018 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) PRESIDENT PRO TEM SMITH: Leader. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -495- MINUTES OF THE MEETING SEPTEMBER 17, 2018 MEMBER BABCOCK: Madam President, I move we suspend the Statutory Rules for Ordinance #24. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend the Statutory Rules for Ordinance #24. 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: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #24. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #24. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #24 ADOPTED AS ORDINANCE NO. 185/2018 PRESIDENT PRO TEM SMITH: The motion carries, and Ordinance #24 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMITH: We’re now under Ordinances and Formal Resolutions for their Third and Final Reading. Mr. Clerk, please begin with Ordinance #25. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #25 THROUGH #27 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 186/2018 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) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #25. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -496- MINUTES OF THE MEETING SEPTEMBER 17, 2018 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, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #25 ADOPTED AS ORDINANCE NO. 186/2018 PRESIDENT PRO TEM SMITH: Ordinance #25 has been adopted. Ordinance #26, please. #26. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 187/2018 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) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #26. (Brief pause) MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: Oh, okay. She hadn’t seconded it yet. It’s been moved and seconded to adopt Ordinance #26. Are there any remarks? Leader. MEMBER BABCOCK: Madam President. Or, Madam President, I move we amend Ordinance #26 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 #26 per the copy before each Council Member. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. 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 #26, as amended. MEMBER MINOR SMITH: Second. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -497- MINUTES OF THE MEETING SEPTEMBER 17, 2018 AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 26 by the substitution of the attached amended Ordinance for the original pending Ordinance. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #26 as amended. Are there any remarks under this Ordinance, as amended? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #26 ADOPTED AS AMENDED AS ORDINANCE NO. 187/2018 PRESIDENT PRO TEM SMITH: The motion carries, and Ordinance #26 as amended is adopted. Ordinance #27, please. #27. (3RD RDG) ADOPTED AS ORDINANCE NO. 188/2018 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) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #27. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. #27 ADOPTED AS ORDINANCE NO. 188/2018 PRESIDENT PRO TEM SMITH: Ordinance #27 has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM SMITH: We are now under Announcements of Committee Meetings. Finance, please. MEMBER MORRIS: I threw my agenda away. PRESIDENT PRO TEM SMITH: Could we go to CD, please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -498- MINUTES OF THE MEETING SEPTEMBER 17, 2018 UNIDENTIFIED VOICE: Anybody? MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: Downtown Development will meet Monday, September 24th at 6:30? PRESIDENT PRO TEM SMITH: 6:15. MEMBER MARIOL: 6:15, Council Chambers. PRESIDENT PRO TEM SMITH: Thank you. MEMBER MORRIS: Finance will be there too. PRESIDENT PRO TEM SMITH: Yes, (chuckles). MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: Judiciary will be meeting at the same time at the same place. PRESIDENT PRO TEM SMITH: CD, please. MEMBER MINOR SMITH: CD is not meeting regarding this listed ordinance (inaudible). PRESIDENT PRO TEM SMITH: Okay. MEMBER MINOR SMITH: Thank you. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMITH: We’re now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: I would like to ask our Safety Director to set up a meeting with the fire department to discuss their... their budget with myself, Member Mariol, and our Finance Director. We would like to ask them some questions pertaining to some of the numbers that were given to us this evening on staffing, and we’d like some explanation so we’d like to have a meeting with them. So if you could do that. Drop an e-mail to myself and Member Mariol so we can sit down with them, please. Thank you. PRESIDENT PRO TEM SMITH: Is there any other Miscellaneous Business? COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -499- MINUTES OF THE MEETING SEPTEMBER 17, 2018 CLERK DOUGHERTY: I have something. PRESIDENT PRO TEM SMITH: Yes. CLERK DOUGHERTY: I just wanted to thank everybody for the Feed the Needy picnic on Saturday. Everybody who volunteered money, time, whatever you did I really appreciate it. Mr. Highman, thank you, sir. It’s his first one and he... uh, he was there from start to finish, bought everybody, all the volunteers pizza and did a great job. Really appreciate it. The Mayor came and he was telling R.A. how to cook, so... (laughter). He wanted to make sure that everything was going good there. Thanks for all of you that came. Big thank you to Giant Eagle who once again stepped up to the plate. They brought 450 bags of groceries for everybody that was there. We probably had 350 to 400 people there. And kids all got bags to take home, and everybody at home full in their stomach and full of groceries. So, it was a good success. It’s the 27th year we’ve done this event, the City Council. So I... once again, I’m proud of everybody and thank you very much. PRESIDENT PRO TEM SMITH: I also would like to thank Clerk Dougherty for spearheading this every year, and he works so hard into this. So thank you so very much also. Plus I just want to share something else. (Applause) Plus I just want to share something else. For many of you that do not know, he can dance also. He got out there and did the line dancing. He has some rhythm. So that deserves a clap. (Laughter). Okay, and at this time, Clerk Dougherty, how about the thought for the week. CLERK DOUGHERTY: Thought for the week. With the students here, I thought from... this is from Alicia Coletti. “Always remember, you are braver than you believe, stronger than you seem, and smarter than you think.” PRESIDENT PRO TEM SMITH: Alright. I like that. 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. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Madam President. PRESIDENT PRO TEM SMITH: This meeting is adjourned. Have a good evening. ADJOURNMENT TIME: 7:26 P.M. ATTEST: 9/19/18 APPROVED: DAVID R. DOUGHERTY CHRIS SMITH CLERK OF COUNCIL PRESIDENT PRO TEM