City Council

COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -599- MINUTES OF THE MEETING NOVEMBER 19, 2018 (RECORDING BEGINS AS FOLLOWS): PRESIDENT PRO TEM SMITH: ...City Council to order. Roll call please. ROLL CALL TAKEN BY CLERK DOUGHERTY: 12 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Twelve present, Madam President. Due to the Memorial Service for President Schulman, the regular meeting of Canton City Council was held on November 19, 2018 at 7:35 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 during the Memorial Service and was led by Council Member-At-Large, James Babcock. The Pledge of Allegiance was led by President Pro Tem Smith. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM SMITH: What’d you say? Oh, okay. We are now under Agenda and Correction Changes. MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to add 2nd Readings on Ordinances 11 through 16. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading Ordinances 11 through 16 to this evening’s agenda. Are there any remarks? Hearing none, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven ye...Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: The motion carries and Ordinances 11 through 16 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT PRO TEM SMITH: We are now under Public Hearings and we have none this evening. OLD BUSINESS PRESIDENT PRO TEM SMITH: We are now under Old Business. Is there any Old Business. There is no Old Business. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -600- MINUTES OF THE MEETING NOVEMBER 19, 2018 PUBLIC SPEAKS PRESIDENT PRO TEM SMITH: We are now under Public Speaks. We have two speakers tonight. Once I call your name, would you please come forward, give your name and residential address. Chris Snyder. CHRIS SNYDER: Hi Madam Chair. Thank you. Uh, 1119 - 18th St. NW, Canton, Oh..... PRESIDENT PRO TEM SMITH: Can I have your name please? CHRIS SNYDER: I’m sorry? PRESIDENT PRO TEM SMITH: Your name, please. CHRIS SNYDER: Chris Snyder. PRESIDENT PRO TEM SMITH: Alright, Chris, go ahead. CHRIS SNYDER: Thank you. Uh, I was going to delete a little bit of my issue, story, until I heard, uh...advice from Mr. Schulman to speak your mind and to let everybody know how you’re feeling. Uh, I recently had a car stolen from my residence, and that was just the beginning of the nightmare. Once I reported it stolen, the treatment that I received from the uh, Police Department, was uh...we’ll just say disrespectful, at best. Um, I had a detective tell me I had holes in my story. Um, I had a couple officers...I’m not sure who they were...act as if I was bugging them, uh, I even had one ask me, “What do you want us to do about it.” I couldn’t believe that. Um, I did finally find a Sgt. Swank, uh, who did take the time to listen to me and help me. Um, but my main issue here is uh, I mean, I’m still pissed at the way I was treated. I mean, I...I did nothing wrong. I...I simply filed a report. Tried to file a report. Believe it or not, that was hard to do. I was told that the report would not be filed officially, but I needed a police report number in order to start to get the storage fees and that set aside because my car was stolen. Um...the uh...towing bill, I was told, can not be removed because the city can’t eat that, it’s what I was told. And I’ve heard it, I don’t know, four or five different times, from three different people. And, I just wondered if they thought that I can, because I certainly can’t. But, I’m asking for consideration. If somebody has their car stolen, why are we getting punished for it and...and...and why...I don’t expect uh, like a super detective to get out there and find some...you know, find whoever did this, but the SOB that took my car is getting treated better than I am because he, whoever it is...he/she...is going to get away with it because I was told nothing’s going to be done about it. So, come get your car and have a nice day, basically. So I just uh...and I would like also to say thank you to my Councilman, Mr. Mariol. He was helpful...talked to me and I appreciate everything you did for me. Thank you. PRESIDENT PRO TEM SMITH: Thank you, Mr. Snyder. And if you can wait around, we’ll see if someone could answer some of your questions. CHRIS SNYDER: Alright. PRESIDENT PRO TEM SMITH: Thank you so very much. And sorry about your car. CHRIS SNYDER: Appreciate it. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -601- MINUTES OF THE MEETING NOVEMBER 19, 2018 PRESIDENT PRO TEM SMITH: Our next speaker is Mr. Richard Manson. RICHARD MANSON: Can everybody hear me. PRESIDENT PRO TEM SMITH: Yes. RICHARD MANSON: Great. Gotta be like a ½ inch away from this mic. Anyways, I’m Richard Manson, 601 High Avenue SW, and uh... PRESIDENT PRO TEM SMITH: Could you speak up, Sir. RICHARD MANSON: To...to...I’m just continuing on a previous uh...issue, about being on the grant program, the city has a grant program that I applied for around 2012 and was approved uh...short...shortly later that year or early 2013. I think it was...I don’t remember the name of the program, the neighbor...the Rehabilitation Program or...or...Renovation Program, anyways...$40,000.00 grant. Uh, at any rate, since the...uh...that time, or just previously, uh, I’ve done work to this house. I...I had somebody in the Law Department, which I know Mr. Martuccio knows, uh, him very well. Jason, uh, in his office told me I had to tear off a roof that was not leaking and replace it with another roof or he was going to tear my house down. Well I found the money, tore that roof off that was not leaking and replaced it. While I tore the roof off it, of course I did get uh, acquire some water damage because I did it single handedly, by myself. And I was up there in the middle of rain storms, putting a blue tarp over it because I didn’t have it weathered in with tar paper, quite yet, properly. So, I’ve done that. Also, when I went to Florida for uh...several months, I had somebody mowing my lawn, and then the city come by during the uh...city cleanup day and mowed a...they said my, my lawn was eight inches high, which is...what it has...was not. But they went and mowed it. I literally have a three foot patch, twelve feet long and another five by six inch patch. It takes me three minutes to mow my lawn. They said they mowed it and accessed me $250.00. It takes me three minutes to mow that. I mean, come on. I complained about that, never had that removed. Since then I...anyways, in lieu of that, uh, being assessed to my taxes, I’ve paid...they upped the value of my house from $17,000.00 to $67,000.00 one year and ended up paying additional, for one year, $1200.00 in taxes, which I paid. It was a total of about $1400.00 that year. But the bottom line is, what’s the city waiting for me to do all the work, until there’s nothing left to do? And nothing to pay grant money on? I was just told tonight by the safety director that um, you have to have the taxes up, paid in current to be able to get the grant money. That’s the first time I was told that tonight. I had a meeting with Lisa, who ran the Development Department two years ago, and Gary Baker, which...from the Building Department, he was an inspector, and none of them told me that til now. It sounds a lot like an excuse or a rule somebody just made up yesterday for last week. That’s what it sounds like to me. So it sounds like there’s a run-around. I don’t know if this program is only for people of color, if there’s some kind of discrimination going on, but it seems like there’s something that’s not right. Some kind of shifty business and I’m going to get to the bottom of it. Told Chris Smith about this a couple years ago. It’s like pulling teeth to get anything done. Maybe something will happen now, I don’t know. We’ll see. PRESIDENT PRO TEM SMITH: Thank you, Mr. Manson. INFORMAL RESOLUTIONS PRESIDENT PRO TEM SMITH: We’re now under Informal Resolutions. We have two this evening. Mr. Clerk, would you please read Informal Resolution #59, by title. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -602- MINUTES OF THE MEETING NOVEMBER 19, 2018 #59. COUNCIL-AS-A-WHOLE: REQUESTING OHIO GENERAL ASSEMBLY TO EXTEND 2 ADDITIONAL PATHWAYS AUTHORIZED IN SEC 733.67 OF HB 49 TO CLASS OF 2019, CLASS OF 2020 AND CLASS OF 2021 PRIOR TO 12/1/18. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Informal Resolution #59. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #59. Are there any remarks? MEMBER MINOR SMITH: Yes, uh, Madam Chair. PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: Um, this House Bill is, uh, very important. For those who have students who are in high school or soon to be in high school, or just care about our community, I strongly encourage you to follow House Bill 49 and the potential implications that it can have on future graduating classes. Uh, next year, McKinley Senior High School alone has over 600 students that could be impacted by the uh, graduation opportunities that are made available. Unfortunately, at the state level, there are varying requirements. Each year it seems that the requirements change and each year our students are struggling trying to meet the requirements. So, it’s important for us, as a community, to speak up and make sure that our state legislators understand and know the impact that this is having on students. And I encourage all of you to let others know in the community, and hopefully our voices will be heard at the state level. Thank you. PRESIDENT PRO TEM SMITH: Thank you. After hearing those remarks by Council Member Minor Smith, by voice vote, all those in favor signify by saying aye. Opposes. NO REMARKS RESOLUTION #59 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Motion carries, Resolution #59 is adopted. Resolution #60, please. #60. MAJORITY LEADER SMITH: AUTHORIZE AND DIRECT SERVICE DIRECTOR TO ENTER INTO PURCHASE ORDER IN AMOUNT OF $444,146.00 WITH STANDARD PLUMBING & HEATING CO. FOR REPLACEMENT OF (2) BOILERS AND RELATED EQUIP AT SEARS BLDG. - ADOPTED PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Informal Resolution #60. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Informal Resolution #60. Are COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -603- MINUTES OF THE MEETING NOVEMBER 19, 2018 there any remarks?...Hearing none, by voice vote, all those in favor signify by saying aye. Opposed no. NO REMARKS RESOLUTION #60 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMITH: The ayes have it. Motion carries, and Resolution #60 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 NOVEMBER 19, 2018. 433. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 10/1/18 THRU 10/31/18. - RECEIVED & FILED 434. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 10/31/18. - RECEIVED & FILED 435. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO JOINT ECONOMIC DEV DISTRICT AGMT (JEDD) WITH JACKSON TWP AND RENAISSANCE ENTERPRISE LEASING, INC. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 436. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO JOB CREATION AGMT WITH RENAISSANCE ENTERPRISE LEASING, INC. - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 437. HEALTH COMMISSIONER ADAMS: REQ $971.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2318 LOCAL AIDS PREVENTION TO FUND 2318 301001 LOCAL AIDS PREVENTION - 700 OTHER. - FINANCE COMMITTEE 438. LIQUOR CONTROL DIV (OH): NOTICE OF HEARING SET 12/6/18 @ 9:30 AM IN COUNCIL CHAMBERS ON REQ FOR PERMIT TRF FOR DUEBER DRIVE THRU, 1037 DUEBER AVE SW (WARD 5). - RECEIVED & FILED 439. LIQUOR CONTROL DIV (OH): REQ FOR NEW C1 PERMIT FOR GIANT OHIO LLC, DBA GIANT 447, 2211 W TUSCARAWAS (WARD 5). - RECEIVED & FILED 440. LIQUOR CONTROL DIV (OH): NOTIFICATION THAT PERMITS TO SELL ALCOHOLIC BEVERAGES EXPIRE 2/1/19. - RECEIVED & FILED 441. MAYOR BERNABEI: AUTHORIZE RE-APPT OF JOHN STRAUSS TO ARCHITECTURAL REVIEW BD COMMENCING 1/1/19 TO 12/31/22. - PERSONNEL COMMITTEE COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -604- MINUTES OF THE MEETING NOVEMBER 19, 2018 442. MAYOR BERNABEI: AUTHORIZE RE-APPT OF JOHN LUCAS, JR., KARL KRAUS AND STEVE LAMIELL TO ZONING BD OF APPEALS; MR. LUCAS’ TERM TO COMMENCE 1/1/19 TO 12/31/20 AND MR. KRAUS’ AND MR. LAMIELL’S TERMS TO COMMENCE 1/1/19 TO 12/31/21. - PERSONNEL COMMITTEE 443. MAYOR BERNABEI: AUTHORIZE APPT OF CLEO A. LUCAS TO BD OF HEALTH TO COMMENCE IMMEDIATELY UPON COUNCIL APPROVAL TO 3/31/23. - PERSONNEL COMMITTEE 444. MAYOR BERNABEI: ADVISING OF RE-APPT OF J.R. RINALDI TO CANTON PARK COMMISSION TO COMMENCE 1/1/19 TO 12/31/21. - RECEIVED & FILED 445. MAYOR BERNABEI: AUTHORIZE RE-APPT OF MAUREEN AUSTIN AND LOIS ELLIS TO TREE COMMISSION COMMENCING 1/1/19 TO 12/31/20. - PERSONNEL COMMITTEE 446. MAYOR BERNABEI: AUTHORIZE RE-APPT OF ANGELA MOODY TO FAIR HOUSING COMMISSION COMMENCING 1/1/19 TO 12/31/23. - PERSONNEL COMMITTEE 447. SAFETY DIRECTOR PERRY: AUTHORIZE AND DIRECT AUDITOR TO PAY $10,094.17 MORAL OB TO SUNPRO, INC. FOR CLEANUP AND DISPOSAL OF 16 HAZARDOUS BARRELS FOR NIP PROG; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (909 6TH ST NW). - FINANCE COMMITTEE 448. SERVICE DIRECTOR HIGHMAN: REQ CONSENT LEGISLATION WITH ODOT FOR STA- 43/VAR-13.72, PID 98383, GP1291 PROJ (RESURFACING ON SR-43 {CHERRY AVE} FR SR-172 {E TUSC} TO MARKET AVE AND SR-172 {E TUSC} FR SR-43 {CHERRY AVE} TO RIVERSIDE DR). - PUBLIC SAFETY & THOROUGHFARES AND FINANCE COMMITTEES 449. SERVICE DIRECTOR HIGHMAN: REQ INFORMAL RESOLUTION APPROVING PURCH ORDER IN AMT OF $44,146.00 TO STANDARD PLUMBING & HEATING CO. FOR REPLACEMENT OF (2) BOILERS AND RELATED EQUIP AT SEARS BLDG. - RECEIVED & FILED 450. SERVICE DIRECTOR HIGHMAN, SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR SERV DIR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO VARIOUS CONTRACTS PURSUANT TO CANTON CODIFIED ORD SEC 105.09 FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A FOR 2019; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO PROF SERVICES CONTRACTS PURSUANT TO CANTON CODIFIED ORD SEC 105.10 FOR APPLICABLE PROF SERVICES LISTED ON EXH A FOR 2019; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CONTRACT PURSUANT TO ORC SEC 735.05 WITH QUALIFIED NONPROFIT AGENCIES AS DEFINED BY ORC SECS 4115.31 TO 4115.35 COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -605- MINUTES OF THE MEETING NOVEMBER 19, 2018 FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A FOR 2019; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CONTRACT FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH FOR 2019 UTILIZING ANY PURCH PROCESS AUTHORIZED BY EITHER ORC OR CANTON CODIFIED ORD; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CHANGE ORDERS AND/OR CONTRACT AMENDMENTS FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A FOR 2019; AUTHORIZE SAID CONTRACTS TO BE MULTIPLE YR CONTRACTS AND/OR CONTAIN RENEWAL PROVISIONS WHERE REQUIRED OR BENEFICIAL TO CITY; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 451. SERVICE DIRECTOR HIGHMAN: PROPOSED SANITATION RATE SCHEDULE PURSUANT TO CANTON CODIFIED ORD 975.08. - RECEIVED & FILED 452. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FR 1/1/18 TO 10/31/18. - RECEIVED & FILED 453. TREASURER PEREZ: RPT OF BANK RECS AND OUTSTANDING INVESTMENTS AS OF 10/31/18. - RECEIVED & FILED 454. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR OCT 2018. - RECEIVED & FILED 455. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR OCT 2018. - RECEIVED & FILED 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 #10 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 ($250,000.00 SUPP APPROP FR UNAPPROP BAL OF 2120 INCOME TAX FUND TO 2120 852101 INCOME TAX ADMIN - OTHER) Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($771,766.30 APPROP TRF FR 5410 206058 OWDA WRF PHOSP PROJ (CONSTR) - OTHER TO 5410 206057 OWDA WRF PHOSP PROJ MEMB COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -606- MINUTES OF THE MEETING NOVEMBER 19, 2018 (6556) - OTHER) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY TO PURCHASE TWO (2) DUMP/SALT TRUCKS; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY (DEPT OF PUBLIC WORKS) Referred to Public Property Capital Improvement and Finance Committees #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #1 AND FINAL IN AN AMOUNT NOT TO EXCEED $41,355.80 WITH NORTHSTAR ASPHALT, INC. FOR THE 19TH ST. NE RESURFACING PROJECT, G.P. 1239; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO MINOR BRIDGE MAINTENANCE TO TWELVE STRUCTURES ON 1-77; AND DECLARING THE SAME TO BE AN EMERGENCY (JUST NORTH OF CLEVELAND AVE OVER EAST BRANCH OF NIMISHILLEN CREEK NORTH THRU US-30 INTERCHANGE) Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO SPOT PAVING OF US 30 AT TRUMP AVENUE NE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE LEASE OF 15.904 ACRES OF CITY- OWNED PROPERTY FOR GOLF TRAINING AND PROGRAMS FOR AREA YOUTH; AND DECLARING THE SAME TO BE AN EMERGENCY (OUTLOTS 897 & 1343; CITY LOT 43031, AKA PARCELS 10004035, 10004038, 10004039 & 380700) Referred to Finance and Public Property Capital Improvement Committees #8. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO MINOR BRIDGE WORK TO SFN 7601069 STA-43-10.92 OVER US 30; AND DECLARING THE SAME TO BE AN EMERGENCY (BELDEN AVE) Referred to Public Safety & Thoroughfares Committee COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -607- MINUTES OF THE MEETING NOVEMBER 19, 2018 #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF THE FAIR MARKET VALUE OF REAL PROPERTY; AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, OR THEIR DESIGNEE TO ENTER INTO AGREEMENT FOR PURCHASE/ACQUISITION OR DONATION/ACQUISITION OF PART OF OUTLOT 1121 FOR PUBLIC STREET RIGHT OF WAY; AND DECLARING THE SAME TO BE EMERGENCY (NE CANTON INDUSTRIAL PARK PROJ; GP 1148) Referred to Public Safety & Thoroughfares Committee #10. (1ST RDG) ADOPTED AS ORDINANCE NO. 238/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF INTERVENTION EQUIPMENT AND RELATED WARRANTIES AND ACCESSORIES FOR THE FIRE DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($21,045.85 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 103001 FIRE ADMIN - OTHER) Referred to Finance Committee PRESIDENT PRO TEM SMITH: At this time, the Chair declares an in-house recess for Finance Committee to meet in regards to Ordinance #10. You are now in recess. (RECESS) (COUNCIL RECESSED AT 7:50 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE 10; RECONVENED AT 7:52 PM) PRESIDENT PRO TEM SMITH: Council is reconvening after the recess. Leader. MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to place Ordinance #10 back on this evening’s agenda. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to place Ordinance #10 back on this evening’s agenda. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -608- MINUTES OF THE MEETING NOVEMBER 19, 2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #10 is a legal part of your agenda. Leader. MEMBER BABCOCK: Madam President, I move we suspend the Statutory Rules on Ordinance #10. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #10. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: The motion carries. You’ve heard the three readings, Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #10. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #10. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #10 ADOPTED AS ORDINANCE NO. 238/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #10 is adopted. 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 #11. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #11 THROUGH #16 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (CITY WIDE ZONE CHANGE OF SEVERAL PARCELS FOR AULTMAN HOSPITAL AND TAX PARCEL #280019 LOCATED @ MAPLE AVE NE & 23RD ST. NE FOR COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -609- MINUTES OF THE MEETING NOVEMBER 19, 2018 HABITAT FOR HUMANITY) PUB HRG 11/26/18 @ 7:00 PM #12. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (LOCATED @ FAIRCREST & GREENTREE AVE SW FOR NEW DAWN REAL ESTATE LLC, WARD 4) PUB HRG 11/26/18 @ 7:01 PM #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH SLESNICK REALTY CO., LLC/S. SLESNICK CO., INC. TO PROVIDE A REAL PROPERTY TAX EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE CANTON CITY SCHOOL BOARD OF EDUCATION AS REQUIRED TO BE PAID PURSUANT TO SECTION 5709.82(C) OF THE REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #10009723) #14. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($44,056.05 SUPP APPROP FR UNAPPROP BAL OF 2185 URBAN TIF FUND TO 2185 501001 MAYOR ADMIN - OTHER) (PAYMENT TO HISTORIC ONESTO, LLC) #15. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE EMERGENCY ($164,000.00 SUPP APPROP FR UNAPPROP BAL OF 2815 FEMA SAFER GRANT 2015 FUND TO 2815 103001 FIRE ADMIN - OTHER) (DRAW DOWN FEMA GRANT FUNDS) #16. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE EMERGENCY ($120,500.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 753001 LAW ADMIN - PERSONNEL - $80,000.00, TO 1001 901001 CIVIL SERVICE - PERSONNEL - $20,500.00, TO 1001 802001 AUDITOR - CLERK OF COURTS ATM - OTHER - $20,000.00; $8,225.00 SUPP APPROP FR UNAPPROP BAL OF 5701 BUILDING CODE FUND TO 5701 753001 LAW ADMIN - PERSONNEL) (YEAR END ADJUSTMENTS) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMITH: We are now under Ordinances and Formal Resolutions for their Third and Final Reading and Vote. Mr. Clerk, please begin with Ordinance #17. NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #17 THROUGH #24 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -610- MINUTES OF THE MEETING NOVEMBER 19, 2018 #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 239/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH THE CANTON REGIONAL CHAMBER OF COMMERCE FOR A GRANT OF CITY FUNDS IN AN AMOUNT NOT TO EXCEED $175,000.00 FOR ECONOMIC AND CIVIC DEVELOPMENT OF THE COMMUNITY; AND DECLARING THE SAME TO BE AN EMERGENCY 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? MEMBER MARIOL: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MARIOL: I mentioned this during Committee Meetings and I just wanted to say this one more time. I’ll be abstaining from this vote. The reason being, uh, my office has recently joined the Healthcare Co-op Fund ran by the local Chamber of Commerce. Uh, so for that reason, the Law Department...they indicated that it could be a potential conflict of interest, for that reason I’ll be abstaining. Thank you. PRESIDENT PRO TEM SMITH: Thank you so much...very much, Member Mariol. MEMBER FERGUSON: Madam Chair. PRESIDENT PRO TEM SMITH: Yes. MEMBER FERGUSON: Uh...I also uh, am gonna have to abstain from voting because of my position at Aultcare, though I truly support the efforts that uh...that they’re making, I cannot (Inaudible). PRESIDENT PRO TEM SMITH: Thank you so very much, Member Ferguson. Are there anymore remarks? MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes, Member Morris. MEMBER MORRIS: This...this is where President Schulman would smirk at me. Okay, so, I contacted our part....er, the Chairman of the Committee, Member Minor Smith, and requested a copy of the actual contract with the Chamber of Commerce. So, best guess is, is this contract for 2017 or 2018, Deputy COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -611- MINUTES OF THE MEETING NOVEMBER 19, 2018 Mayor? DEPUTY MAYOR WILLIAMS: Madam Chair. PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: Member Morris, this contract...uh...is written for last year, so if this is voted on tonight, it is approved, then we will enter into a new contract for 2019, with the Chamber. MEMBER MORRIS: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: Deputy Mayor, so you’re telling me...what was provided to Member Minor Smith is not what I’m voting on, or we will be duplicating what is before me where I have a purchase order that was given to Member Minor Smith, as well as the actual signed agreement for the grant agreement for professional services with the Chamber of Commerce. Will we be just duplicating what we’ve done historically? PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: Madam President... PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: Uh, Mr. Morris, what we’re trying to do is look at each contract and we do, you know, add different things or delete different things. But what you’re looking at was what we would call last year’s contract, which was also voted on towards the end of the year. So, this is also close to the end of the year, so if this legislation passes, we will sit down with the Chamber and provide a contract going forward, for 2019, with (Inaudible). MEMBER MORRIS: Okay. Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER MORRIS: I can just keep going back and forth... PRESIDENT PRO TEM SMITH: Okay, sounds good, go ahead. MEMBER MORRIS: I appreciate it. Okay, so you’re asking to authorize...us to authorize you to enter into a contract with Canton Regional Chamber of Commerce for a grant of city funds not to exceed $175,000.00 for Economic and Civic Development, but you’re not providing me with a copy of exactly what I’m voting on, is what I’m getting at. DEPUTY MAYOR WILLIAMS: Madam President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -612- MINUTES OF THE MEETING NOVEMBER 19, 2018 PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: Typically, anytime we enter into a grant agreement, we wait until the grant is approved by Council then we enter into the actual agreement. I don’t have... MEMBER MORRIS: But you’re not calling it a grant, you’re calling it a contract. DEPUTY MAYOR WILLIAMS: It’s a funding agreement, as it’s titled at the top of the page, and at this point we don’t have the (Inaudible), because Council has not voted for such. MEMBER MORRIS: Okay, just...just to share for my colleague, this is why I’m getting frustrated here. First off, I think the Chamber does a lot, they really do. I mean, they...they pass out these fliers, they tell us everything that they do; however, I’m not seeing a you...a need to use taxpayer dollars. Right here’s a statement of work which was actually attached to the contract that was agreed upon in 2017. Okay, Company: Chamber of Commerce; Project: Economic Development; Project Manager: Mike Gill; Prepared By: Fonda Williams; Background:...basically spelling out what our legislation says. Second page...Chamber of Commerce Economic Development Budget. This is where I owe the Chamber an apology because I never really thought they created jobs. Apparently, we are, because the budget is spelled out as this...Project Budget: $175,000.00. Okay. Out of the $175,000.00...Salaries and Administration: $125,000.00; Travel and Conference: $20,000.00; Materials & Supplies: an additional $10,000.00; and Workshops and Seminars: $20,000.00. Workshops and seminars I can buy into, that’s economic and community development. Covering somebody else’s payroll, to me, is not economic and community development. You can’t use taxpayer dollars to fund things of this nature. It just doesn’t make sense. It’s so many different levels. There’s absolutely no accountability in this whatsoever. It’s free reign to spend $175,000.00. I can give it out in wages, I can take a trip, I can go to a conference. I mean, I...last year I pointed out that, you know, these are the same people that lobbied the State of Ohio to cut Municipal Funds. And now I actually take the time to say, “Well, you know, give me a copy of this.” And then right on the front of the purchase order it says, “HUD Program Expense, Business Sub Grant.” Wait a minute, why does it say HUD? We’re taking money out of the General Fund, aren’t we? PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: Yes, those are...these dollars are out of the General Fund. In the past years, we did use HUD Funds and the contract probably says HUD Funds because we used those funds in the past. But, uh...be assured, this is General Fund dollars, yes. MEMBER MORRIS: Okay, 2017, it’s last year’s purchase order, where it states that we pulled it out of HUD...HUD Program... DEPUTY MAYOR WILLIAMS: Yep... MEMBER MORRIS: Yeah...Program Expenses. DEPUTY MAYOR WILLIAMS: Madam Chair. PRESIDENT PRO TEM SMITH: Yes. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -613- MINUTES OF THE MEETING NOVEMBER 19, 2018 DEPUTY MAYOR WILLIAMS: (Inaudible) the purchase order that was provided. That was a General Fund Account, right on the purchase order. MEMBER MORRIS: Typo, right? DEPUTY MAYOR WILLIAMS: No, right on the purchase order... MEMBER MORRIS: Right... DEPUTY MAYOR WILLIAMS: ...is a General Fund Account. MEMBER MORRIS: No. DEPUTY MAYOR WILLIAMS: It’s 1001. 506001. Those are General Fund Accounts. MEMBER MORRIS: Thank you, Madam President. PRESIDENT PRO TEM SMITH: Thank you. After hearing remarks, roll call vote, please. MEMBER MINOR SMITH: Madam President. I would like to also remark, please. PRESIDENT PRO TEM SMITH: Yes. MEMBER MINOR SMITH: First, uh, thank you, Deputy Mayor Williams for your explanation and providing the information. And uh, Member Morris, thank you for your questions. Uh, the contract was provided to you as an example, it was not to serve as what the contract is for this pending legislation, but to show that there is a level of accountability, just like any contract that the city has engaged in for services. I don’t know what contract has been scrutinized to this level, by any member. Not that you can’t ask questions, I think it’s important for all of us to have our questions answered, but at the same time, there was an opportunity at the Second Reading, and I do appreciate members of the uh...Canton Regional Chamber of Commerce for coming, as well as a member of their Board, but to explain and provide to us specific projects that have benefitted the city of Canton. And, uh, my remarks, last time that we met regarding this, it’s more than an economic development, but also the direct impact it has on our youth and maintaining them here in the city of Canton. There are number of people who have received award to have benefitted from the downtown activities as well as the support and advocacy of the Canton Regional Chamber of Commerce for their business projects in the area. One of those being something that’s coming before us soon, and the Chamber’s involvement with whatever activities with the Nationwide Building, with the Renkert Building, or any other building, in ways that the city of Canton cannot directly be involved in. I think that the Canton Regional Chamber of Commerce has the best...uh...for the city of Canton in mind, in helping to retain businesses here. Business that may have been, uh, also in your Ward. I believe you have Walther’s in your Ward, is that correct? MEMBER MORRIS: Yes. MEMBER MINOR SMITH: Okay. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -614- MINUTES OF THE MEETING NOVEMBER 19, 2018 MEMBER MORRIS: I’m not sure what jobs they create. MEMBER MINOR SMITH: Right, but they have been a part of helping. And that’s what’s important. Again, we don’t have an Economic Development Department in the city of Canton, and Deputy Mayor Williams is one person who cannot solely do everything that’s needed for economic development. For example...Minority Business Enterprise, Women’s Business Enterprise... those are direct things that the Chamber has been involved in, along with the city of Canton, and on behalf of the city of Canton. Working directly with the Stark County Minority Business Association, Dir...Deputy Mayor Williams cannot attend all of these milding....meetings and be involved in all of the conferences and different efforts there are to...um...maintain businesses here and bring business here. So, I do appreciate your comments, and again Director er...excuse me, Deputy Mayor, I do appreciate you providing the information to respond to the questions. MEMBER SMUCKLER: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER SMUCKLER: I think...I’ve been here a while and every so often this comes up and I want to make this clear. Where is the Department of Economic Development, in the city? DEPUTY MAYOR WILLIAMS: Madam President. PRESIDENT PRO TEM SMITH: Yes. DEPUTY MAYOR WILLIAMS: The city of Canton does not have a Department of Economic Development. MEMBER SMUCKLER: Years ago, through CD Funds, which we found out later, even though it says Community & Economic Development, you would think that we could use CD Funds for this, but we can’t. We used to, not anymore. When companies come through here, if anybody thinks this horseshoe is going to take a company around and try to entice them to get into the city of Canton, we’re far out of our league. They need to be talking to the Chamber of Commerce. And if we try to point them in the direction of the Economic Development Department, you just heard, we don’t have. The things that go on in the city are because, not only the new buildings, but the things that go on that I heard for so long, for so many people, “There’s nothing to do here.” All of a sudden, over the last thirty years, we’ve gotten some things to do. We’ve had some economic development. When I came here, downtown was a ghost town. They’ve been the stimulus. You’ve heard it hasn’t been us. You know, sometimes I wonder if we would take our $175,000.00 for salaries and try to pay a staff to do what they do. Because that staff of $175,000.00, when someone comes into town, they’re paying the salary for that person to take that person and show them all our shovel ready properties. Oh, wait a minute, we don’t have too many. We’ve got a lot of things going against us folks. And uh...Frank, I used to feel the way you felt. Ask Denny, he’ll tell you. I come from a long line of people who didn’t feel this way. But I’ve come full circle for a reason. Because they’ve produced. We’ve got downtown living now and I don’t care which festival it is that you choose to go to, but there’s now things to do. We’ve got a downtown that’s becoming more vibrant every year. There’s now things to do. And whether it’s, and you picked the wrong one, Union Metal, who they had a hand in, besides us. Or whether we’re looking to get other projects done in our areas, they’ve had a hand in. Those people have to be paid. If we try to do this on a COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -615- MINUTES OF THE MEETING NOVEMBER 19, 2018 city level, it’ll cost a lot more than $175,000.00. And I’m tell...the last, but certainly not least, people that are coming here want to meet with peers. I’ve been called in on occasion, but we are not the business people’s peers that need to be met with. And we can all sit here and say, “Well, you know, take it or leave it.” But guess what, we want them to take it, so I want them to do everything I can instead of causing a fight with the businesses that come around here. And I’m asking this body to continue to support progress in the downtown area, to continue to support events in the downtown area, and certainly not the least bit, to continue to support an economic development department that we don’t have in this community right now. Thank you. PRESIDENT PRO TEM SMITH: Are there anymore remarks? After hearing those remarks, thank you. Roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 1 NAY, 2 ABSTAIN (MEMBER MORRIS VOTED NAY, MEMBERS MARIOL & FERGUSON ABSTAINED) CLERK DOUGHERTY: Nine yeas, 1 nay and 2 abstentions, Madam President. #17 ADOPTED AS ORDINANCE NO. 239/2018 PRESIDENT PRO TEM SMITH: Ordinance #17 has been adopted. Ordinance #18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 240/2018 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $4,217.00 TO ORIANA HOUSE; AND DECLARING THE SAME TO BE AN EMERGENCY (GPS & ELECTRONIC MONITORING OF DEFENDANTS) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #18. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #18 ADOPTED AS ORDINANCE NO. 240/2018 PRESIDENT PRO TEM SMITH: Motion carries and Ordinance #18 has been adopted. Ordinance #19, please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -616- MINUTES OF THE MEETING NOVEMBER 19, 2018 #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 241/2018 AN ORDINANCE AUTHORIZING DISSOLVING THE RIGHT OF WAY RESERVATIONS OR ROAD RESERVATIONS CURRENTLY ASSIGNED TO PERMANENT PARCEL NUMBERS 281929 AND 283436; AND AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO TRANSFER THE SAME, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION FOR SUBSEQUENT TRANSFER TO TIMKENSTEEL CORP.; RECOMMENDING INCLUDING IN THE DEED TRANSFER(S) EITHER A RESERVATION FOR STREET RIGHT OF WAY PURPOSES OR INCLUDE A REVERSION CLAUSE GRANTING THE LAND BACK TO THE CITY IN THE EVENT TIMKENSTEEL DR. IS NOT PERMANENTLY CLOSED OR VACATED FROM PUBLIC USE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #19. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #19 ADOPTED AS ORDINANCE NO. 241/2018 PRESIDENT PRO TEM SMITH: Ordinance #19 has been adopted. Ordinance #20. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 242/2018 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $11,117.23 TO VERIZON WIRELESS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM SMITH: Leader. 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. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -617- MINUTES OF THE MEETING NOVEMBER 19, 2018 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #20 ADOPTED AS ORDINANCE NO. 242/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #20 is adopted. Ordinance #21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 243/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT, RELATED WARRANTIES, AND ACCESSORIES FOR THE FIRE DEPARTMENT; OR TO ALTERNATIVELY ENTER INTO CONTRACT FOR SAID PURCHASES PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO RENAME THE 2811 COURT SECURITY FUNDING GRANT TO FUND 2811 - 2017 ASSISTANCE TO FIREFIGHTERS GRANT; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($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 FUND TO 2811 103001 FIRE ADMIN - OTHER; $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 TRF/ADVANCE FR 1001 103001 FIRE ADMIN - OTHER TRF OUT TO 2811 103001 FIRE ADMIN - OTHER TRF IN) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #21 ADOPTED AS ORDINANCE NO. 243/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #21 is adopted. Ordinance #22, please. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -618- MINUTES OF THE MEETING NOVEMBER 19, 2018 #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 244/2018 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($264,599.64 SUPP APPROP FR UNAPPROP BAL OF 4573 SIB LOAN 12TH ST N. CORR. PRJ FUND TO 4573 202077 GP 1098 12TH ST N. CORR. PRJ - OTHER) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #22. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #22. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #22 ADOPTED AS ORDINANCE NO. 244/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #22 has been adopted. Ordinance #23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 245/2018 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1) CAMERA INSPECTION TRUCK FOR THE COLLECTION SYSTEMS DEPARTMENT; OR TO ALTERNATIVELY ENTER INTO CONTRACT FOR SAID PURCHASE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($235,829.00 APPROP TRF FR 5410 206006 COLLECTION SYSTEM DEPT - PERSONNEL TO 5410 206006 COLLECTION SYSTEM - OTHER) PRESIDENT PRO TEM SMITH: Leader. MEMBER BABCOCK: Madam President, I move we adopt Ordinance #23. MEMBER MINOR SMITH: Second. PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #23. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -619- MINUTES OF THE MEETING NOVEMBER 19, 2018 CLERK DOUGHERTY: Twelve yeas, Madam President. #23 ADOPTED AS ORDINANCE NO. 245/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #23 is adopted. Ordinance #24, please. #24. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 246/2018 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 4587 NAVARRE RD. SIGNAL UPGRADE PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,086,895.00 SUPP APPROP FR UNAPPROP BAL OF 4587 NAVARRE RD SIGNAL UPGRADE PROJ, PID 76007, GP 1127 FUND TO 4587 202054 NAVARRE RD SIGNAL UPGRADE PROJ, PID 76007, GP 1127 - OTHER) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. #24 ADOPTED AS ORDINANCE NO. 246/2018 PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #24 is 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. MEMBER MORRIS: Finance will meet November 26 at 6:00 p.m. PRESIDENT PRO TEM SMITH: Thank you. MEMBER HAWK: Madam President. COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -620- MINUTES OF THE MEETING NOVEMBER 19, 2018 PRESIDENT PRO TEM SMITH: Yes. MEMBER HAWK: Public Safety & Thoroughfares will meet November 26 at 6:00 p.m. also. PRESIDENT PRO TEM SMITH: Thank you. MEMBER BABCOCK: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER BABCOCK: Personnel will meet at the same, same place. PRESIDENT PRO TEM SMITH: Thank you. MEMBER SCAGLIONE: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER SCAGLIONE: Public Property Capital Improvement Committee will meet, the same time, same place. PRESIDENT PRO TEM SMITH: Thank you. LAW DIRECTOR AYLWARD: If that’s all that’s meeting, then I will also announce that we would go to Executive Session following the Committee Meetings, and prior to the Council Meeting, to discuss (Inaudible) litigation. PRESIDENT PRO TEM SMITH: Thank you so very much. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMITH: We are now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER SMUCKLER: Miss..Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER SMUCKLER: Two things. Number 1, to the gentleman who spoke in the back, um...I’m sorry...yes, Mr. Manson. If you’re taxes are not paid, it is not a scam. Mary Cirelli sponsored an Ordinance years ago that said that your taxes and outstanding utility bills, not only in the city, but in the county, have to be paid in order to get help out of this government. It was passed unanimously by this City Council years ago. That’s a fact, it’s a law. Number 2. Over the years I’ve belonged to a great many organizations, but there’s one organization that stands out in my mind and I’d like you all to make aware that Ex-Newsboys is having their kickoff dinner on December 5th, on Wednesday. Um, it’s a kickoff dinner because they raise hundreds of thousands of dollars to give kids coats, scarves, sweaters on an annual basis. And I have tickets here if any of you are interested. They are $25.00 a piece. And besides your interest in any dinner, I would not be remiss in asking if some of you can please help with the donations that go far beyond the dinner of helping to put, especially in this cold weather, coats on the COUNCIL PROCEEDINGS JOURNAL 106 JOURNAL PAGE -621- MINUTES OF THE MEETING NOVEMBER 19, 2018 backs of our school children. See me after the meeting if you would like to be a part of either. PRESIDENT PRO TEM SMITH: Is there anymore Miscellaneous Business? MEMBER CHESTER: Madam President. PRESIDENT PRO TEM SMITH: Yes. MEMBER CHESTER: Yes, I would like share, um...so tomorrow is our fourth year, 4th Annual Community Thanksgiving Meal Giveaway at the Martin Center. We’ll be starting at 6:00, first come, first served. We’ll have hams, turkey, sides. So, if anybody knows anyone, um, in need of a meal, please share the word. Appreciate it. PRESIDENT PRO TEM SMITH: Thank you so very much. Is there anymore Miscellaneous Business? 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Madam President. PRESIDENT PRO TEM SMITH: (Gavel falls) Thank you so very much. Meeting adjourned. Everyone have a great Thanksgiving. ADJOURNMENT TIME: 8:25 PM ATTEST: APPROVED: DAVID R. DOUGHERTY CHRIS SMITH CLERK OF COUNCIL PRESIDENT PRO TEM