City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -540- MINUTES OF THE MEETING OCTOBER 22, 2018 PRESIDENT PRO TEM BABCOCK: Good evening and welcome to Canton City Council. With a quorum being present, the Chair will call this meeting of Canton City Council to order. Roll call please. ROLL CALL TAKEN BY CLERK DOUGHERTY: 10 COUNCIL MEMBERS PRESENT: (JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, PETER FERGUSON & FRANK MORRIS) TEN COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN, MEMBER SMITH AND MEMBER MARIOL ABSENT) CLERK DOUGHERTY: Ten present, two absent, Mr. President. EXCUSING MEMBERS PRESIDENT PRO TEM BABCOCK: Thank you. Leader. MEMBER MINOR SMITH: Mr. President, I move we excuse President Schulman, Member Mariol and Member Smith from tonight’s meeting. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to excuse Pre... CLERK DOUGHERTY: Gotta second. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: Sorry about that. It’s been moved and seconded to excuse President Schulman, Mar... Member Mariol and Member Smith from this evening’s meeting. Are there any remarks? Hearing none, roll call please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT PRO TEM BABCOCK: Thank you. Motion carries. President Schulman, Member Mariol and Member Smith are excused from this evening’s meeting. We will have the invocation given tonight by my friend, Ward 8 Council Member, Pete Ferguson. If you’ll all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on October 22, 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 8 Council Member, Peter Ferguson. The Pledge of Allegiance was led by President Pro Tem Babcock. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -541- MINUTES OF THE MEETING OCTOBER 22, 2018 AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM BABCOCK: Thank you, Member Ferguson. We are now under Agenda and Correction Changes. Leader. MEMBER MINOR SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 15 through 18. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 15 through 18 to this evening’s agenda. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT PRO TEM BABCOCK: Thank you. The motion carries and Ordinances 15 through 18 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT PRO TEM BABCOCK: We are now under Public Hearings and we none. OLD BUSINESS PRESIDENT PRO TEM BABCOCK: We are now under Old Business, and there is none. PUBLIC SPEAKS PRESIDENT PRO TEM BABCOCK: We are now under Public Speaks. We have two speakers tonight. Will you please step forward and give us your name and your residential address, please. Mr. DiGiacomo. PETE DIGIACOMO: My name’s Pete DiGiacomo. Live at 600 Dent Place SW, Canton, Ohio. I’ve had some of the- uh, my questions explained to me by Corey Minor Smith, and I thank you very much for it. Uh, it’s that time of the year again, Trick or Treat comes around. Also the city... uh, Canton Chamber of Commerce comes around. And they got their hand out again, so they’re looking for money. I think this year it’s $179,000.00? And, I just wonder, and I believe she’s gonna clear this up for me. Um, what do they get the money for? What do they do with the money? Uh, in the past I’ve been told that nobody actually knows what they do with the past... with the money. They... once they get it, it’s up to them to do as they see fit. I... boy, I see a lot of puzzled faces looking at me. Okay, that’s all for tonight. Sign in next week. PRESIDENT PRO TEM BABCOCK: Thank you, sir. Next speaker is Mr. Manson. RICHARD MANSON: Hello, my name’s Richard Manson. I live at 601 High Avenue SW. And I wanted to speak tonight on... uh, we all know what an epidemic the drug problem is, especially certain drugs. But there... I’ve noticed the last eight years since 2010 there’s a particular house across the street from where I live, and this house is parcel number 228122. It’s listed as being owed by Sirrah Properties, S-I-R-R-A-H Properties, LLC at 519... COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -542- MINUTES OF THE MEETING OCTOBER 22, 2018 PRESIDENT PRO TEM BABCOCK: Sir, would you speak louder. RICHARD MANSON: At 519 High Avenue SW, Canton, Ohio, that Sirrah Properties, LLC is the owner and the parcel number is 228122. Anyways, the last eight years I have noticed that ev... every tenant that’s been in that property has been a drug dealer. And that leaves me to believe that there’s drug activity collec... uh, connected with the owners in some way because it’s just... uh, that’s usually the case. I... I mean, I can’t prove that, but I... I would like something done about that. Somebody check, and maybe the Safety Director can have the police or the... the Law Department check into what’s going on there. But I would like the drug activity checked into. I mean, there’s people stopping constantly for two, three, four, five minutes and leaving. That tells me there’s drug activity going on again. Uh, and I don’t know what the law is. I... I remember about twenty years ago there was a federal law that if a property was using drug activity or drug trafficking that it could be confiscated. I know they used to confiscate vehicles that were used in that... uh, I don’t know what happened to that law, but I know there was another guy that lived down the road a couple blocks. Uh, his name was Robert something, and he was in jail I was told a couple dozen times because of dealing drugs in the area, and it... I think it took twenty years for the city to fin... finally confiscate his house and bulldoze it. So, I don’t know why it took so long, especially from somebody that was in jail more than a dozen times. Uh, but anyways, maybe somebody can enlighten me on that and tell me... uh, tell me what can be done. That’s it. Thank you. PRESIDENT PRO TEM BABCOCK: Thank you. (Applause) INFORMAL RESOLUTIONS PRESIDENT PRO TEM BABCOCK: We are now under Informal Resolutions and we have two this evening. Mr. Clerk, would you please read Informal Resolution #56, by title. #56. CLERK DOUGHERTY: COMMENDING 2018 CANTON FIREFIGHTER/PARAMEDIC OF THE YEAR, CRIS BURKHARDT. - ADOPTED PRESIDENT PRO TEM BABCOCK: Leader. MEMBER MINOR SMITH: Yes. Mr. President, I would ask that the Resolution be read in full. And first I would like to make a motion to adopt Resolution #56. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Informal Resolution #56. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those... those opposed. No? Thank you. NO REMARKS RESOLUTION #56 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM BABCOCK: Uh, would you read that, Clerk. CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Council-as-a-Whole on this 22nd day of October, 2018. Whereas, Cris Burkhardt joined the Canton City Fire Department on March 5, 2001. Exhibiting outstanding service to both the Department and the citizens of the City of Canton, he was promoted to Captain on January 20, 2011; and Whereas, On August 9, 2018, while en route to Mercy COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -543- MINUTES OF THE MEETING OCTOBER 22, 2018 Medical Center as part of his daily routine, Captain Burkhardt came across an accident which occurred shortly before his arrival. A motorcycle had hit the curb causing both the motorcycle and the driver to flip. The driver, a 65 year old man who was not wearing a helmet, had struck his head on the ground, was unresponsive and without a pulse; and Whereas, Captain Burkhardt immediately initiated CPR on the victim, and approximately two and a half minutes after his arrival reported to CANCOMM that the victim had a pulse with labored breathing. Soon after other crews arrived, the victim was safely transported to Mercy Medical Center Emergency Room; and Whereas, Captain Burkhardt’s quick action and dedication to duty resulted in a positive outcome for this otherwise helpless individual. Now, Therefore Be It Resolved: that we, the Members of Canton City Council, do hereby go on public record commending and honoring Captain Cris Burkhardt, the 2018 Canton Firefighter/Paramedic of the Year for his dedication and deep commitment to helping those in need. (Applause) MEMBER SMUCKLER: In other words, he saved a life. You know, unfortunately when my father was going through the final months of his life, he had to go through several times being picked up by the emergency medical service and taken to the hospital. And the fortunate part is that this is the most, and I can say this, the most wonderful unit in the city when it comes to saving lives. And Captain Burkhardt, you’re being recognized tonight for that, but your whole department should be recognized because all they do is save lives, and you are at this particular point the leader of this tonight. And we thank you for your service. CAPTAIN BURKHARDT: Thank you. Thank you. (Applause) I think my family knows I love to tell stories, and I like to talk, but I’ll keep this short and sweet. Um, there are multiple sources of pride and joy in my life. Uh, one of them the Ohio State Buckeyes. Normally, the source of pride my entire life has been pretty good. Not so good Saturday night. Cleveland Browns, that’s a bit of a thorn in my side. But my true, true pride and joy sources are my two families. I’ve got my wife here and my daughter Isabel and my daughter Faith. That’s of course my first pride and joy. Uh, Isabel gave me a bunch of crap because when we actually got the Mayor’s proclamation out at the safety breakfast we had out there, I forgot to mention her name after I said I would mention it. So, Belle, I said your name. And then of course my other family, and Beth knows this as well as anybody, my other family are my brothers and sisters on the Canton Fire Department. Um, I love this city. I lived in this city for forty-three years, my entire life. I graduated from McKinley. So it is just pride and joy every third day when I get to go to work with the men and women of the Canton Fire Department. Um, this call, while it was very important to that patient, it was very important to us. It was important to that patient’s family. That call is what we do every day. Somewhere in the city today something along these lines happened as well. So this is a daily thing for us, that we try to do the best that we can every single day. Um, so I accept this just as I did out at that EMS Breakfast. I was there by myself for a little bit, but I wasn’t. I was there, Truck 4 came down and helped me out. Medic 7 came down and helped me out. So it was very humble and gratitude that I accept this as... on behalf of Truck 4, Medic 7 and the entire Canton Fire Department. Thank you. (Applause) PRESIDENT PRO TEM BABCOCK: Clerk... Clerk, would you read Ordinance #57, please. (Note: President Pro Tem Babcock mistakenly said “Ordinance” instead of “Informal Resolution.”) #57. CLERK DOUGHERTY: HONORING 2018 FIRE PREVENTION 4TH GRADE ESSAY WINNER, CHYNA DANIELS. - ADOPTED PRESIDENT PRO TEM BABCOCK: Leader. MEMBER MINOR SMITH: Mr. President, I move we adopt Informal Resolution #57. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -544- MINUTES OF THE MEETING OCTOBER 22, 2018 MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Informal Resolution #57. Are there any remarks?...Hearing none, by voce... by voice vote all those in favor signify by saying aye. Those opposed. NO REMARKS RESOLUTION #57 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM BABCOCK: The A’s... the ayes have it. Motion carries, and Resolution #57 is adopted. Leader. CLERK DOUGHERTY: I’ll go ahead and read that for you. PRESIDENT PRO TEM BABCOCK: Okay. MEMBER MINOR SMITH: Thank you, Mr. Clerk. I would ask that you please do read it. CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Council-as-a-Whole on this 22nd day of October, 2018. Whereas, At the 53rd Annual Fire Prevention Week Kickoff Breakfast, there was a Fourth Grade Essay Contest. “Look, Listen, Learn” was the theme of this year’s contest; and Whereas, This year’s winner is Chyna Daniels, a fourth grader from Fairmount AIM Academy. Her teacher is Miss Kristin Paumier; and Whereas, In her essay, Chyna lists the various possible fire hazards and how to detect them, such as candles, ovens and microwaves. She points out the importance of listening for a fire detector, as well as listening to an older person so you will know how to leave the area safely. In addition, Chyna informs us that there is always two or more ways to escape a fire, either through a window or door, or if these are blocked, by breaking them open. Lastly, she reminds us to always stay as low to the ground as possible. Now, Therefore Be It Resolved: that we, the Members of Canton City Council, do hereby go on public record congratulating and honoring Chyna Daniels as the 4th grade winner of the 2018 fire prevention essay contest, and for reminding us of the importance of “looking, listening and learning” when it comes to fire safety. MEMBER HALL: Miss Chyna, I would like to present you with this Resolution and... and commend you on your essay. And I would like for you to keep going, and with your knowledge from this essay you can teach all of us. So whenever you see something, say something to somebody. If you see one of those things that you know are a hazard, you say something about it. Okay? (Applause) (Laughter) PRESIDENT PRO TEM BABCOCK: Thank you. Congratulations to both of you. COMMUNICATIONS PRESIDENT PRO TEM BABCOCK: 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 OCTOBER 22, 2018. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -545- MINUTES OF THE MEETING OCTOBER 22, 2018 401. COURT ADMINISTRATOR KOCHERA: AUTHORIZE AUDITOR’S OFFICE TO PAY MORAL OB TO ORIANA HOUSE, INC. IN AMT OF $4,217.00; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (GPS AND ELECTRONIC MONITORING OF DEFENDANTS UNDER COURT SUPERVISION). - FINANCE COMMITTEE 402. DEPUTY MAYOR WILLIAMS: AMEND TIMKEN/STARK STATE JEDD AGMT AND TAX SHARING AGMT WITH JACKSON TWP TO AUTHORIZE CITY TO COLLECT 2.5% OF INCOME TAX RETRO TO JULY 1, 2018. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 403. DEPUTY MAYOR WILLIAMS: AMEND FITZPATRICK JEDD AGMT AND TAX SHARING AGMT WITH JACKSON TWP TO AUTHORIZE CITY TO COLLECT 2.5% OF INCOME TAX RETRO TO JULY 1, 2018. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 404. DEPUTY MAYOR WILLIAMS: REQ LEGISLATION DISSOLVING ROAD RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 281929 AND 283436; ENABLE TRF OF SAME TO CCIC FOR SUBSEQUENT TRF TO TIMKEN STEEL FOR ECONOMIC DEVELOPMENT PURPOSES. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 405. SAFETY DIRECTOR PERRY: AUTHORIZE AUDITOR TO PAY MORAL OB TO VERIZON WIRELESS FOR AMT NOT TO EXCEED $11,117.23; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 406. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF SELF- CONTAINED BREATHING APPARATUS EQUIP AND RELATED WARRANTIES AND ACCESSORIES FOR FIRE DEPT; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO CONTRACT FOR PURCH OF SAID ITEMS WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO RENAME FUND 2811 - COURT SECURITY FUNDING GRANT TO FUND 2811 - 2017 ASSISTANCE TO FIREFIGHTERS GRANT; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; AMEND APPROP O#64/2018 ($166,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 103001 FIRE ADMIN - OTHER; $166,000.00 SUPP APPROP FR UNAPPROP BAL OF 2811 2017 ASSIST TO FIREFIGHTERS GRANT TO 2811 103001 FIRE ADMIN - OTHER; AMEND APPROP O#64/2018 ($150,910.00 INTER-FUND TRF/ADVANCE FR 1001 103001 FIRE ADMIN - OTHER ADVANCE OUT TO 2811 103001 FIRE ADMIN - OTHER ADVANCE IN; $15,090.00 INTER-FUND TRF/ADVANCE FR 1001 103001 FIRE ADMIN - OTHER TRANSFER OUT TO 2811 103001 FIRE ADMIN - OTHER TRANSFER IN; EMERGENCY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 407. SERVICE DIRECTOR HIGHMAN: AMEND APPROP O#64/2018 ($264,599.64 SUPP APPROP FR UNAPPROP BAL OF 4573 SIB LOAN 12 ST N. CORR. PRJ FUND TO 4573-202077 GP 1098 12TH ST N CORRIDOR PRJ (OTHER); AUTHORIZE AUDITOR TO PROCESS ANY AND ALL COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -546- MINUTES OF THE MEETING OCTOBER 22, 2018 MORAL OBS NEEDED IN ORDER TO CLOSE PROJECT; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY . - FINANCE COMMITTEE 408. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF ONE (1) CAMERA INSPECTION TRUCK FOR COLLECTION SYSTEMS DEPT; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INT CONTRACT FOR PURCH DESCRIBED UTILIZING ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER ORC OR CANTON COD ORD; AMEND O#64/2018 ($235,829.00 APPROP TRF FR 5410 206006 COLLECTION SYSTEM DEPARTMENT - PERSONNEL TO 5410 206006 COLLECTION SYSTEM - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 409. SERVICE DIRECTOR HIGHMAN: AUTHORIZE AUDITOR TO ESTABLISH AND CREATE 4587 FUND (NAVARRE RD. SIGNAL UPGRADE PROJECT, PID 76007, GP 1127) FOR PURPOSE OF TRACKING PROJ REVENUES AND EXPENDITURES; AMEND APPROP O#64/2018 ($1,086,895.00 SUPP APPROP FR UNAPPROP BAL OF 4587 FUND NAVARRE RD. SIGNAL UPGRADE PROJECT, PID 76007, GP 1127 TO 4587 202054 NAVARRE RD. SIGNAL UPGRADE PROJECT, PID 76007, GP 1127 (OTHER); AUTHORIZE AUDITOR TO PROCESS ANY AND ALL MORAL OBS NEEDED IN ORDER TO CLOSE OUT PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - PUBLIC SAFETY & THOROUGHFARES AND FINANCE COMMITTEES 410. TREASURER PEREZ: RPT OF PARKING METER REV FOR SEPTEMBER 2018. - RECEIVED AND FILED 411. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR SEPTEMBER 2018. - RECEIVED AND FILED 412. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF SEPT. 28, 2018. - RECEIVED AND FILED 413. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 8/31/18. - RECEIVED & FILED 414. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 9/30/18. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM BABCOCK: We are now under Ordinances and Formal Resolutions for the First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT PRO TEM BABCOCK CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #14 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -547- MINUTES OF THE MEETING OCTOBER 22, 2018 #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $14,343 TO THE STARK MENTAL HEALTH & ADDICTION RECOVERY BOARD; AND DECLARING THE SAME TO BE AN EMERGENCY (PMT OF MENTAL HEALTH CASE COORDINATOR POSITION FOR REMAINDER OF 2018) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ACCEPT THE RECOVERY COURT ATP FUNDS FROM THE OHIO DEPARTMENT OF MENTAL HEALTH & ADDICTION SERVICES ON AN ANNUAL BASIS; AUTHORIZING THE AUDITOR TO CREATE THE 2792 RECOVERY COURT ATP FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($20,513.00 SUPP APPROP FR UNAPPROP BAL OF 2792 701001 RECOVERY COURT ATP FUND TO 2792 701001 RECOVERY COURT ATP - OTHER) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 63, 64 AND 65; AND DECLARING THE SAME TO BE AN EMERGENCY (NKA CANTON CITY LOTS 27018, 27019 AND 27020, PARCEL #10010490 @ 415 GIRARD AVE NE FOR MAURICE TURNER, WARD 4) Referred to Public Safety & Thoroughfares Committee #4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PARTS OF LOTS 21811, 21812, AND 21813 AND DEDICATION OF PART OF SHORB AVENUE NW; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PURCHASE AGREEMENT WITH KOSTA PETROVSKI IN AN AMOUNT NOT TO EXCEED $4,475 FOR ACQUISITION OF PUBLIC STREET RIGHT OF WAY; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #240573 @ 2909 CLEVELAND AVE NW, WARD 7) Referred to Public Safety & Thoroughfares Committee #5. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUT LOT 1406 AND LOTS 43215 - 43220, 43277 - 43283, 43307 - 43315, 43352 AND 43353; AND DECLARING THE SAME TO BE AN EMERGENCY (2000 BLOCK OF BLAKE AVE. NW FOR HALL OF FAME VILLAGE LLC, WARD 7) Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 22486 - 22489; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #218333, 218323, 230478, 230477 @ 2100 BLOCK OF 7TH ST NE, BETWEEN BELDEN AVE NE AND GOBEL AVE NE, ON NORTH SIDE OF COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -548- MINUTES OF THE MEETING OCTOBER 22, 2018 STREET FOR HABITAT FOR HUMANITY, WARD 4) Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUTLOTS 1381 & 1383; AND DECLARING THE SAME TO BE AN EMERGENCY (FAIRCREST ST SW AT GREENTREE AVE SW FOR NEW DAWN REAL ESTATE LLC, WARD 4) Referred to Public Safety & Thoroughfares Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF TABLETS AND RELATED WARRANTIES AND ACCESSORIES FOR THE POLICE DEPARTMENT; OR TO ALTERNATIVELY MAKE SAID PURCHASE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO CREATE THE 2791 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 2018-DJ-BX-0177 FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($37,433.50 SUPP APPROP FR UNAPPROP BAL OF 2791 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT 2018 DJ-BX-0177 TO 2791 102001 POLICE ADMIN - OTHER) Referred to Finance Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE CONSENTING TO DECK REPLACEMENT AND PAINTING OF SFN 7603576 STA-77-9.12 OVER MARKET AVE., CLEVELAND AVE. AND 15TH ST.; REPLACEMENT OF SFN 7603606 STA-77-9.38 OVER WEST BRANCH OF NIMISHILLEN CREEK AND SFN 7603665 STA-30-14.96 CR (US 30 WB RAMP TO 1-77 NB) OVER NIMISHILLEN CREEK; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO DONATE CITY-OWNED PROPERTY FOR PERMANENT LIMITED ACCESS RIGHT-OF-WAY AND TEMPORARY EASEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY (PID 90973) Referred to Public Safety & Thoroughfares Committee #10. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO RESURFACING OF US 62 FROM 1-77 TO JUST EAST OF MAPLE AVE NE TO INCLUDE MINOR BRIDGE WORK TO SFN 7602316 STA-62-22.44R AND SFN 7602286 STA-62-22.49L OVER HARRISON AVE AND MRTA RAILROAD, SFN 7602405 STA-62-23.69R AND SFN 7602375 STA-62-23.69L OVER HARVARD AVE, SFN 7602499 STA-62-24.01R AND SFN 7602464 STA-62- 24.01L OVER SR 43 AND SFN 7602340 STA-62-22.94 UNDER CLEVELAND AVE; AND DECLARING THE SAME TO AN EMERGENCY (PID 84654) COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -549- MINUTES OF THE MEETING OCTOBER 22, 2018 Referred to Public Safety & Thoroughfares Committee #11. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT AMENDMENT IN AN AMOUNT NOT TO EXCEED $33,176.09 WITH GLAUS, PYLE, SCHOMER, BURNS & DEHAVEN INC. FOR THE MAHONING RD CORRIDOR PHASE 2, G.P. 1103; AND DECLARING THE SAME TO BE AN EMERGENCY (PIDS 90365 & 91594 - MAHONING RD. CORRIDOR, PHASE 2 - GP 1103, (PROJECT) Referred to Finance Committee #12. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $20,862 TO OMNIPRO SERVICES, LLC; AND DECLARING THE SAME TO BE AN EMERGENCY (CONSTRUCTION ENG SERVS RELATED TO 38TH ST NW WATER MAIN REPLACEMENT AND ROADWAY RECONSTRUCTION PROJ) Referred to Finance Committee #13. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR SERVICE DIRECTOR TO PURCHASE PARCEL NO. 527159 IN AN AMOUNT NOT TO EXCEED $220,000 AND PARCEL NO. 5211949 IN AN AMOUNT NOT TO EXCEED $45,000; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($265,000.00 APPROP TRF FR 4501 103001 758.06 FIRE ADMIN - OTHER TO 4501 201001 758.03 SERVICE DIRECTOR ADMINISTRATION - OTHER) Referred to Public Property Capital Improvement and Finance Committees (COUNCIL RECESSED AT 7:21 PM FOR THE COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #14; RECONVENED AT 7:23 PM) #14. (1ST RDG) AN ORDINANCE APPROVING THE CREATION OF THE COMDOC/GLOBAL IMAGING SOLUTIONS, INC. JOINT ECONOMIC DISTRICT AREA IN JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY (JEDD) Referred to Community & Economic Development Committee PRESIDENT PRO TEM BABCOCK: Are you alright? (Laughter) At this time, the Chair would declare an in-house recess for the Community & Economic Development Committee to meet in regards to Ordinance #14 on your agenda. You’re now in recess. Chairman. (RECESS) PRESIDENT PRO TEM BABCOCK: Council is reconvening after the recess. Leader. MEMBER MINOR SMITH: Mr. President, I move Rule 22A be suspended to place Ordinance #14 back COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -550- MINUTES OF THE MEETING OCTOBER 22, 2018 on this evening’s agenda. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to suspend Rule 22A to place Ordinance #14 back on this evening’s agenda. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT PRO TEM BABCOCK: Motion carries. Ordinance #14 is a legal part of your agenda. Leader. MEMBER MINOR SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #14. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to suspend the Statutory Rule on Ordinance #14. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT PRO TEM BABCOCK: Motion carries. You’ve heard the three readings, Leader. MEMBER MINOR SMITH: Mr. President, I move we adopt Ordinance #14. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Ordinance #14. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 214/2018 PRESIDENT PRO TEM BABCOCK: Motion carries and Ordinance #14 is adopted. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -551- MINUTES OF THE MEETING OCTOBER 22, 2018 ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM BABCOCK: We are now under second Reading Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #15. NOTE: PRESIDENT PRO TEM BABCOCK CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #15 THROUGH #18 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #15. (2ND RDG) AN ORDINANCE RESTRICTING THE DISTANCE BETWEEN A STORE THAT SELLS PACKAGED, OR SINGLE CANS OR BOTTLES, OF 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. THIS ORDINANCE SHALL NOT APPLY TO B-5 CENTRAL BUSINESS DISTRICTS, B-6 SHOPPING CENTER DISTRICTS, THE HALL OF FAME VILLAGE DISTRICT, OR THE TARGET INVESTMENT ZONES IDENTIFIED IN TITLE XIX, CHAPTER 1176 OF THE PLANNING AND ZONING CODE; THE ADDITION OF THE DEFINITION OF PACKAGED LIQUOR STORES TO TITLE VII, CHAPTER 1131; AMENDING TITLE XIII, CHAPTER 1146, BULK AND AREA REQUIREMENTS - BUSINESS AND INDUSTRIAL ZONING DISTRICTS; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING DISSOLVING THE ROAD RESERVATIONS CURRENTLY PLACED ON TAX PARCELS 285060 AND 285061; AND AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICES TO TRANSFER THE SAME, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION FOR SUBSEQUENT TRANSFER TO FIRST CHURCH OF THE RESURRECTION; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000.00 APPROP TRF FR 2318 301001 LOCAL AIDS PREVENTION - 600 PAYROLL TO 2318 301001 LOCAL AIDS PREVENTION - 700 OTHER DIRECT COSTS; $4,2000 APPROP TRF FR 2312 301001 V.D. - I03 GONORRHEA - 600 PAYROLL TO 2312 301001 V.D. - I03 GONORRHEA - 700 OTHER DIRECT COSTS) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $3,087.20 TO EJ USA, INC. AND RETROACTIVELY AUTHORIZES A $16,904.96 PAYMENT TO EJ USA, INC. AS A MORAL OBLIGATION; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -552- MINUTES OF THE MEETING OCTOBER 22, 2018 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM BABCOCK: We’re now under Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Mr. Clerk, please begin with Ordinance #19. NOTE: PRESIDENT PRO TEM BABCOCK CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #19 THROUGH #21 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 215/2018 AN ORDINANCE AUTHORIZING THE AMENDMENT OF THE JOB CREATION AGREEMENT WITH STOLLE MACHINERY; THE JACKSON-CANTON JOINT ECONOMIC DEVELOPMENT DISTRICT SM CONTRACT; AND THE JACKSON-CANTON DISTRICT SM TAX AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM BABCOCK: Leader. MEMBER MINOR SMITH: Mr. President, I move we adopt Ordinance #19. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 215/2018 PRESIDENT PRO TEM BABCOCK: Ordinance #19 has been adopted. Ordinance #20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 216/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($7,124.00 SUPP APPROP FR UNAPPROP BAL OF 7131 DOWNTOWN CANTON SPEC IMP DIST FUND TO 7131 801001 AUDITOR - ADMIN - OTHER) PRESIDENT PRO TEM BABCOCK: Leader. MEMBER MINOR SMITH: Mr. President, I move we adopt Ordinance #20. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Ordinance #20. Are there any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -553- MINUTES OF THE MEETING OCTOBER 22, 2018 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 216/2018 PRESIDENT PRO TEM BABCOCK: Ordinance #20 has been adopted. Ordinance #21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 217/2018 AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR UNPAID AND DELINQUENT CHARGES FOR WATER AND/OR SEWER SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM BABCOCK: Leader. MEMBER MINOR SMITH: Mr. President, I move we adopt Ordinance #21. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adopt Ordinance #21. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 217/2018 PRESIDENT PRO TEM BABCOCK: Ordinance #21 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM BABCOCK: We are now under Announcement of Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT PRO TEM BABCOCK: Member Morris. MEMBER MORRIS: Finance will meet October 29th at 6:15 P.M. PRESIDENT PRO TEM BABCOCK: Thank you. MEMBER HAWK: Mr. President. PRESIDENT PRO TEM BABCOCK: Member Hawk. MEMBER HAWK: Thank you, sir. Public Safety & Thoroughfares will meet at 6:15 October 29th. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -554- MINUTES OF THE MEETING OCTOBER 22, 2018 PRESIDENT PRO TEM BABCOCK: Thank you. MEMBER SCAGLIONE: Mr. President. PRESIDENT PRO TEM BABCOCK: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement, same time, same place. PRESIDENT PRO TEM BABCOCK: Thank you. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM BABCOCK: We are now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER HAWK: Mr. President. PRESIDENT PRO TEM BABCOCK: Member Hawk. MEMBER HAWK: Thank you, sir. Um, I’d like to take a moment here to say I had the privilege yesterday afternoon of sitting in with the Student Council. (Note: Member Hawk mistakenly said “Student” Council, instead of “Youth” Council.) Um, I was thoroughly impressed by their ability to conduct business the way they went about it, how appropriately dressed they were, and how thoroughly professional they acted and conducted their business. I suggest that you stop in and see them sometime. It’s really worth the time and energy to watch our young people go to work in our community, and they’re our future leaders. Thank you, Mr. Fisher, for supporting it and getting it up and running. PRESIDENT PRO TEM BABCOCK: Thank you, Member Hawk. Anyone else? Well, before we have our last quote, Member Dougherty, our thought for the week, please. CLERK DOUGHERTY: “Halloween is the beginning of the holiday shopping season. That, of course, is for women. The beginning of the holiday shopping season for men is Christmas Eve.” - David Letterman PRESIDENT PRO TEM BABOCK: Thank you. Before we leave I want to wish the Bulldogs good luck this week. I know the Mayor’s got his red and black on. Oh, he’s even got a bulldog on his tie. Wow. Money got best dressed tonight. Leader. MEMBER MINOR SMITH: Mr. President, I move that we adjourn. MEMBER SMUCKLER: Second. PRESIDENT PRO TEM BABCOCK: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -555- MINUTES OF THE MEETING OCTOBER 22, 2018 PRESIDENT PRO TEM BABCOCK: Thank you. Meeting is adjourned. (Gavel falls) ADJOURNMENT TIME: 7:33 PM ATTEST: 10/25/18 APPROVED: DAVID R. DOUGHERTY JAMES BABCOCK CLERK OF COUNCIL PRESIDENT PRO TEM