City Council
Regular MeetingCanton, OH · December 10, 2018
Minutes
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MINUTES OF THE MEETING DECEMBER 10, 2018
PRESIDENT PRO TEM SMITH: With a quorum being present, the Chair calls this meeting of Canton City
Council to order. Roll call vote, please.
ROLL CALL TAKEN BY CLERK DOUGHERTY:
10 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, BILL SMUCKLER, GREG
HAWK, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON
& FRANK MORRIS)
TEN COUNCIL MEMBERS PRESENT.
PRESIDENT PRO TEM SMITH: Leader.
CLERK DOUGHERTY: Ten present, two absent, please, Madam President.
EXCUSING MEMBERS
MEMBER BABCOCK: Madam President, I move we excuse Member Minor Smith and Member Chester
from tonight’s meeting.
PRESIDENT PRO TEM SMITH: Bill, you gotta second, please.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to excuse Member Minor Smith and
Member Chester from this evening’s meeting. Are there any remarks? Hearing none, roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
PRESIDENT PRO TEM SMITH: The motion carries and Member Minor Smith and Member Chester are
excused from this evening’s meeting. Tonight’s invocation will be... will be given by Ward 1 Council
Member, Greg Hawk. If you all would please stand and remain standing for the Pledge of Allegiance.
The regular meeting of Canton City Council was held on December 10, 2018 at 7:00 P.M. in the Canton City
Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The
invocation was given by Ward 1 Council Member, Greg Hawk. The Pledge of Allegiance was led by
President Pro Tem Smith.
AGENDA CORRECTIONS & CHANGES
PRESIDENT PRO TEM SMITH: We are now under Agenda Corrections and Changes. Leader.
MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to add 2nd Reading Ordinances 10
through 14.
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MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading
Ordinances 10 through 14 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, Madam President.
PRESIDENT PRO TEM SMITH: The motion carries and Ordinances 10 through 14 are a legal part of your
agenda.
PUBLIC HEARINGS
PRESIDENT PRO TEM SMITH: We are now under Public Hearings, and we have none this evening.
OLD BUSINESS
PRESIDENT PRO TEM SMITH: We are now under Old Business. Deputy Mayor...?
DEPUTY MAYOR WILLIAMS: Madam Chair, Members of Council, at our last meeting Mrs. Renee Pilone
addressed the body in regards to AirBnB and how it relates to our current zoning code. Uh, that was referred
to our Law Department and our Planning Department, and I will report back to this Council. Thank you.
PRESIDENT PRO TEM SMITH: Thank you.
PUBLIC SPEAKS
PRESIDENT PRO TEM SMITH: We are now under Public Speaks, and we have one public speaker tonight.
Mr. Steven D. Boswell, would you please approach the podium. Please state your name and your address.
STEVEN BOSWELL: Uh, Steven D. Boswell, 908 18th Street NE, Canton, Ohio. Uh, what I’d like to
discuss is the skating rink downtown. It’s been free for two years and then all of a sudden this year they
charge $2.00 to skate down there. Now, a little kid that gets skates for Christmas that lives down here is
probably not gonna have $2.00 every time he goes and skates. Now I can’t believe we can’t come up with
enough money in this city with the Hall of Fame booming, Chesapeake’s booming. There should be all kind
of tax money coming in. I just don’t understand it. The skate rental is $4.00... or skate rental is now $2.00.
In 2016 the... I got some paperwork says they spent $2500.00 in skates and an $18,000.00 machine to clean
the ice. But now all of a sudden we buy skates and start charging everybody all kind of money to go down
there. Last year when it was free, I’d drive by there, there’s thirty people down there. I was down there
Sunday night at five o’clock and there was probably twenty people there skating, and I’ll bet fifteen of them
is renting skates. But in 2017 we only rented 4500 skates for the three month period, and if there’s no money
down there, how come we opened it Thanksgiving this year instead of waiting till First Friday or Light Up
Downtown? So, that’s just... I’m curious about some stuff, and I think if we can’t afford to let the kids skate
for nothing, I think it needs to be closed down as soon as we can close it down, and leave it shut down.
Divert whatever money from taxes is going to that to something else, give it to the parks or something else,
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cause we got all kind of lights up in the park. Thank you very much.
PRESIDENT PRO TEM SMITH: Thank you also, Mr. Boswell. (Applause) And if you could stay for after
the meeting, I’m quite sure someone will be able to give you some explanation or answer some of your
questions.
STEVEN BOSWELL: Okay. Thank you.
PRESIDENT PRO TEM SMITH: Thank you so much for your concerns.
INFORMAL RESOLUTIONS
PRESIDENT PRO TEM SMITH: We are now under Informal Resolutions, and we have no Informal
Resolutions this evening.
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
DECEMBER 10, 2018.
472. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 11/1/18 THRU 11/30/18. - RECEIVED &
FILED
473. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 11/30/18. - RECEIVED &
FILED
474. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 11/30/18. - RECEIVED
& FILED
475. COURT ADMIN. KOCHERA: REQ FOR LEGISLATION TO ENTER INTO CONTRACT WITH
ZENITH SYSTEMS FOR AUDIO/VIDEO AND EVIDENCE PRESENTATION SYSTEM
UPGRADES FOR CANTON MUNI COURT (FUNDED BY COURT’S SPECIAL
PROJECTS/CAPITAL IMPROVEMENT FUND #2423 AND LEGAL RESEARCH FUND #2424).
- FINANCE COMMITTEE
476. COURT ADMIN. KOCHERA: REQ FOR SUPP APPROP FOR CONTINUED PROPER
OPERATION OF THE COURT ($75,000.00 SUPP APPROP FR UNAPPROP BAL #701001-2423
COURT CAPITAL/SPECIAL PROJECTS FUND #2423 TO OTHER PROFESSIONAL
SERVICES #701001-2423-70506 COURT CAPITAL/SPECIAL PROJECTS FUND #2423;
$25,000.00 SUPP APPROP FR UNAPPROP BAL #701001-2424 LEGAL RESEARCH FUND
#2424 TO OTHER PROFESSIONAL SERVICES #701001-2424-70506 LEGAL RESEARCH
FUND #2424). - FINANCE COMMITTEE
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477. HEALTH COMM. ADAMS: AUTHORIZE AUDITOR TO RENAME FUND 2319 - AIDS HOME
HEALTH CARE TO FUND 2319 - EARLY INTERVENTION SERVICES; AMEND APPROP
O#64/2018 ($15,000.00 INTER-FUND TRF/ADV FR 1001 301001 HEALTH -
ADMINISTRATION - OTHER ADVANCE OUT TO 2319 301001 - EARLY INTERVENTION
SERVICES UNAPPROPRIATED BALANCE; AMEND APPROP O#64/2018 ($15,000.00 SUPP
APPROP FR UNAPPROP BAL OF 2319 - EARLY INTERVENTION SERVICES TO 2319
301001 EARLY INTERVENTION SERVICES - 600 PERSONNEL - $10,000.00, TO 2319 301001
EARLY INTERVENTION SERVICES - 700 OTHER - $5,000.00 (GRANT FR EARLY
INTERVENTION SERVICES FOR NEW EMPLOYEES & OTHER DIRECT COSTS). -
FINANCE COMMITTEE
478. LIQUOR CONTROL DIVISION (OHIO): REQ STOCK TRANSFER ON D5 D6 LIQ PERMIT
FOR BRUNOMARIA INC DBA ARCADIA GRILL & BSMT & PATIO LOCATED @ 321
COURT AVE NW. - RECEIVED & FILED
479. MAYOR BERNABEI: AUTHORIZE RE-APPT OF JACK HAWK TO BOARD OF BUILDING
APPEALS COMMENCING 1/1/19 - 12/31/21. - PERSONNEL COMMITTEE
480. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE,
RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF EVIDENCE
LOCKER SYSTEM AND RELATED WARRANTIES AND ACCESSORIES FOR POLICE DEPT;
ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO CONTRACT
FOR PURCH OF ITEMS IN ACCORDANCE WITH ANY PROCUREMENT PROCESS
AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT
OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE
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 #9 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY
STATE LAW, AS FOLLOWS (ORDINANCES #8 AND #9 ADOPTED):
#1. (1ST RDG) A RESOLUTION OBJECTING TO THE RENEWAL OF TWO LIQUOR
PERMITS LOCATED WITHIN THE CITY; AND DECLARING THE SAME
TO BE AN EMERGENCY (R BAR & GRILL @ 1117 WERTZ AVE NW,
PERMIT #71479900005, RUBY SALOON @ 2546 WINFIELD WAY NE,
PERMIT #7576907)
Referred to Judiciary Committee
#2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
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($2,388.00 APPROP TRF FR 701001 2799-62183 JUSTICE REINVESTMENT
PRETRIAL GRANT FUND - PAYROLL FRINGES-COMP ABSENCE TO
701001 2799-70506 JUSTICE REINVESTMENT PRETRIAL GRANT FUND -
OTHER PROFESSIONAL SERVICES)
Referred to Finance Committee
#3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
($493,982.00 APPROP TRF FR 1001 501001 MAYOR ADMIN - OTHER TO
1001 101001 SAFETY DIRECTOR - PERSONNEL - $6,795.00, TO 1001
103001 FIRE ADMIN - PERSONNEL - $225,000.00, TO 1001 702001 CLERK
OF COURTS - PERSONNEL - $34,750.00, TO 1001 801001 AUDITOR
ADMIN - PERSONNEL - $4,000.00, TO 1001 801001 AUDITOR ADMIN -
OTHER - $221,437.00, TO 1001 501101 HUMAN RESOURCES -
PERSONNEL - $2,000.00; $550.00 APPROP TRF FR 2160 202210
MAINTENANCE - OTHER TO 2160 701001 JUDGES ADMIN -
PERSONNEL; $6,000.00 APPROP TRF FR 5201 207022 DISTRIBUTION
MAINTENANCE - PERSONNEL TO 5201 207012 PUMPING
MAINTENANCE - PERSONNEL; $1,000.00 APPROP TRF FR 5701 101501
CODE ENFORCEMENT - PERSONNEL TO 5701 753001 LAW ADMIN -
PERSONNEL; $3,000.00 APPROP TRF FR 6041 208001 MOTOR VEHICLE
ADMIN - PERSONNEL TO 6041 103001 FIRE ADMIN - PERSONNEL;
$221,437.00 INTER-FUND TRF FR 1001 801001 AUDITOR ADMIN -
OTHER TO 7502 801001 AUDITOR ADMIN - OTHER)
Referred to Finance Committee
#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO RESERVE FUNDS
FOR PAYMENT OF THE 27TH PAY; AND DECLARING THE SAME TO BE
AN EMERGENCY ($1,120,000.00 OR 8/10 OF $1,400,000.00 FOR 27TH PAY
IN 2020)
Referred to Finance Committee
#5. (1ST RDG) AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE
OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF
CANTON, OHIO, FOR FISCAL YEAR 2019; AND DECLARING THE SAME
TO BE AN EMERGENCY
Referred to Finance Committee
#6. (1ST RDG) AN ORDINANCE REPEALING SECTION 509.09, PANHANDLING
PROHIBITIONS OF CHAPTER 509, DISORDERLY CONDUCT AND
PEACE DISTURBANCE OF PART FIVE, GENERAL OFFENSES CODE OF
THE CODIFIED ORDINANCES OF THE CITY OF CANTON
Referred to Judiciary Committee
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#7. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011,
AS AMENDED, THE CLASSIFICATION PLAN FOR NON-BARGAINING
UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND
DECLARING THE SAME TO BE AN EMERGENCY (REPLACE GEN
FOREMAN POSITION WITH ASST SUPT, FUND 20-50-01, GRADE 6,
FLSA CODE E, IN SANITATION & ENV CONTROL DIV)
Referred to Personnel Committee
#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 265/2018 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE
SAME TO BE AN EMERGENCY ($750,000.00 SUPP APPROP FR
UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 801001
AUDITOR - OTHER - $500,000.00, TO 1001 202210 MAINTENANCE -
OTHER - $250,000.00; $500,000.00 INTER-FUND TRF FR 1001 801001
AUDITOR - OTHER TO 6017 201001 SERVICE DIRECTOR - OTHER;
$1,500.00 APPROP TRF FR 2423 701001 JUDGES ADMIN - OTHER TO
2423 701001 JUDGES ADMIN - PAYROLL)
Referred to Finance Committee
#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 266/2018 AN ORDINANCE
AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND
DECLARING THE SAME TO BE AN EMERGENCY ($111,841.77 SUPP
APPROP FR UNAPPROP BAL OF 2788 2013 COPS HIRING GRANT FUND
TO 2788 102001 POLICE ADMIN - OTHER)
Referred to Finance Committee
PRESIDENT PRO TEM SMITH: At this time, the Chair would declare an in-house recess of the
Finance Committee to meet in regards to Ordinance #8 and 9. You are now in recess.
(RECESS)
(COUNCIL RECESSED AT 7:09 PM FOR THE FINANCE COMMITTEE TO DISCUSS
ORDINANCES #8 AND #9; RECONVENED AT 7:12 PM)
PRESIDENT PRO TEM SMITH: Council is convening after the recess. Leader.
MEMBER BABCOCK: Madam President, I move Rule 22A be suspended to place Ordinances 8 and 9
back on this evening’s agenda.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend Rule 22A to place
Ordinances 8 and 9 back on this evening’s agenda. Are there any remarks?...Hearing none, roll call vote
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please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
PRESIDENT PRO TEM SMITH: The motion carries and Ordinances 8 and 9 are a legal part of your
agenda. Leader.
MEMBER BABCOCK: Madam President, I move we suspend the Statutory Rules on Ordinances 8 and
9.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to suspend the Statutory Rules on 8
and 9. Are there any remarks?...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten 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 #8.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #8. Are there any
remarks?...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#8 ADOPTED AS ORDINANCE NO. 265/2018
PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #8 is adopted. Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #9.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #9. Are there any
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remarks?...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#9 ADOPTED AS ORDINANCE NO. 266/2018
PRESIDENT PRO TEM SMITH: The motion carries and Ordinance #9 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 #10.
NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ
ORDINANCES #10 THROUGH #14 FOR THEIR SECOND READING BY TITLE AS REQUIRED
BY STATE LAW, AS FOLLOWS:
#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN
ENTERPRISE ZONE AGREEMENT WITH RELIABLE READY MIX CO. 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
#11. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL
OF LOTS 22555 AND 22556; AND DECLARING THE SAME TO BE AN
EMERGENCY (PARCELS 200336 & 200337, HABITAT FOR HUMANITY,
2200 BLOCK 6TH ST NE, WARD 4)
#12. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL
OF LOTS 265 AND PART OF LOT 266; AND DECLARING THE SAME TO
BE AN EMERGENCY (PARCELS 206556, 221303, 10010149 & 10010150,
STARK MGMT SERVS, NW CORNER CLEVELAND AVE & 2ND ST NW,
WARD 2)
#13. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL
OF LOTS 23369 AND 23370; AND DECLARING THE SAME TO BE AN
EMERGENCY (PARCELS 236130 & 236131, HABITAT FOR HUMANITY,
2000 BLOCK OF 25TH ST. NE, WARD 9)
#14. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL
OF LOTS 24138 AND 24139; AND DECLARING THE SAME TO BE AN
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EMERGENCY (PARCELS 217896 & 217897, HABITAT FOR HUMANITY,
2000 BLOCK OF 23RD ST. NE, WARD 9)
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 #15.
NOTE: PRESIDENT PRO TEM SMITH CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #15 THROUGH #18 FOR THE THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS:
#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 267/2018 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO
ACCEPT AND ENTER INTO THE RENAISSANCE ENTERPRISE LEASING,
INC. JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT AREA
IN JACKSON TOWNSHIP; AND DECLARING THE SAME TO BE AN
EMERGENCY
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #15.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #15. Roll call,
please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#15 ADOPTED AS ORDINANCE NO. 267/2018
PRESIDENT PRO TEM SMITH: Ordinance #15 has been adopted. Ordinance #16, please.
#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 268/2018 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO A JOB CREATION TAX INCENTIVE AGREEMENT WITH
RENAISSANCE ENTERPRISE LEASING, INC. PURSUANT TO THE CITY’S
INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN
EMERGENCY
PRESIDENT PRO TEM SMITH: Leader.
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MEMBER BABCOCK: Madam President, I move we adopt Ordinance #16.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #16. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#16 ADOPTED AS ORDINANCE NO. 268/2018
PRESIDENT PRO TEM SMITH: Ordinance #16 has been adopted. Ordinance #17, please.
#17. (3RD RDG) ADOPTED AS ORDINANCE NO. 269/2018 AN ORDINANCE
AUTHORIZING THE RESURFACING OF SR 43 FROM 3RD ST SE TO
MARKET AVE AND SR 172 FROM CHERRY ST TO RIVERSIDE DR; AND
DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #17.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: It’s been moved and seconded to adopt Ordinance #17. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#17 ADOPTED AS ORDINANCE NO. 269/2018
PRESIDENT PRO TEM SMITH: Ordinance #17 has been adopted. Ordinance #18, please.
#18. (3RD RDG) ADOPTED AS ORDINANCE NO. 270/2018 AN ORDINANCE
AUTHORIZING THE MAYOR AND/OR DIRECTORS OF PUBLIC SERVICE
AND SAFETY TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER
INTO VARIOUS CONTRACTS FOR SUPPLY EQUIPMENT, ITEMS,
MATERIALS, SUPPLIES, AND SERVICES PURSUANT TO CODIFIED
ORDINANCE SECTION 105.09; ENTER INTO PROFESSIONAL SERVICES
CONTRACTS PURSUANT TO CODIFIED ORDINANCE SECTION 105.10;
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ENTER INTO CONTRACTS PURSUANT TO O.R.C. SECTIONS 735.05
WITH QUALIFIED NONPROFIT AGENCIES; ENTER INTO CONTRACT
FOR THE PURCHASE OF SUPPLY EQUIPMENT, ITEMS, MATERIALS,
SUPPLIES, AND SERVICES UTILIZING ANY PURCHASING PROCESS
AUTHORIZED BY EITHER THE O.R.C. OR CANTON CODIFIED
ORDINANCES; ENTER INTO CHANGE ORDERS AND/OR CONTRACT
AMENDMENTS FOR SAID PURCHASES DURING THE 2019 CALENDAR
YEAR; AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move we adopt Ordinance #18.
MEMBER SMUCKLER: 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 10 YEAS, 0 NAYS
CLERK DOUGHERTY: Ten yeas, Madam President.
#18 ADOPTED AS ORDINANCE NO. 270/2018
PRESIDENT PRO TEM SMITH: Ordinance #18 has been adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT PRO TEM SMITH: We are now under announcements of Committee Meetings.
MEMBER MORRIS: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MORRIS: Finance will meet December 17th at 6:00 P.M.
MEMBER MARIOL: Madam President.
PRESIDENT PRO TEM SMITH: Yes.
MEMBER MARIOL: Judiciary will meet same time, same place.
PRESIDENT PRO TEM SMITH: Thank you.
MEMBER BABCOCK: Madam President, Personnel, same time, same place.
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PRESIDENT PRO TEM SMITH: Thank you.
MISCELLANEOUS BUSINESS
PRESIDENT PRO TEM SMITH: We are now under Miscellaneous Business. Is there any
Miscellaneous Business? There is no Miscellaneous Business. At this time we will have the thought for
the week by Clerk Dougherty.
CLERK DOUGHERTY: This is our regular quote for the week. Being it’s December we shall have
Christmas quotes. “The worst gift is a fruitcake. There is only one fruitcake in this entire world, and
people keep sending it to each other.” -Johnny Carson (Laughter)
PRESIDENT PRO TEM SMITH: Leader.
MEMBER BABCOCK: Madam President, I move to adjourn.
MEMBER SMUCKLER: Second.
PRESIDENT PRO TEM SMITH: 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, Madam President.
PRESIDENT PRO TEM SMITH: (Gavel falls) Meeting adjourned.
ADJOURNMENT TIME: 7:20 P.M.
ATTEST: 12/12/18 APPROVED:
DAVID R. DOUGHERTY CHRIS SMITH
CLERK OF COUNCIL PRESIDENT PRO TEM
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM DECEMBER 10, 2018
ROLL CALL: Ten Mem bers Present
M OTION TO EXCUSE M EM BERS: Mem ber Minor Sm ith and Mem ber Chester Absent
INVOCATION: Greg Hawk, W ard 1 Council Mem ber
PLEDGE OF ALLEGIANCE: President Pro Tem Sm ith
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#8 & O#9; 2 nd Rdg O#10 - O#14; O#8 & O#9
Adopted on 1 st Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): Reviewed Pending Issues from Public Speaks
PUBLIC SPEAKS (CITY BUSINESS): Steven Boswell is concerned that after being free for two years, there is now a charge of
$2.00 for the skaters at the city-owned skate rink. He said m ost kids can’t afford the $2.00 after getting skates for Christm as or
after paying $4.00 to rent skates. He believes that with the boom ing of the Hall of Fam e and Chesapeake, there should be tax
m oney to pay for the kids to skate.
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
472. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 11/1/18 THRU 11/30/18. - RECEIVED &
FILED
473. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 11/30/18. - RECEIVED & FILED
474. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 11/30/18. - RECEIVED &
FILED
475. COURT ADMIN. KOCHERA: REQ FOR LEGISLATION TO ENTER INTO CONTRACT W ITH ZENITH
SYSTEMS FOR AUDIO/VIDEO AND EVIDENCE PRESENTATION
SYSTEM UPGRADES FOR CANTON MUNI COURT (FUNDED BY
COURT’S SPECIAL PROJECTS/CAPITAL IMPROVEMENT FUND #2423
AND LEGAL RESEARCH FUND #2424). - FINANCE COMMITTEE
476. COURT ADMIN. KOCHERA: REQ FOR SUPP APPROP FOR CONTINUED PROPER OPERATION OF
THE COURT ($75,000.00 SUPP APPROP FR UNAPPROP BAL
#701001-2423 COURT CAPITAL/SPECIAL PROJECTS FUND #2423 TO
OTHER PROFESSIONAL SERVICES #701001-2423-70506 COURT
CAPITAL/SPECIAL PROJECTS FUND #2423; $25,000.00 SUPP
APPROP FR UNAPPROP BAL #701001-2424 LEGAL RESEARCH FUND
#2424 TO OTHER PROFESSIONAL SERVICES #701001-2424-70506
LEGAL RESEARCH FUND #2424). - FINANCE COMMITTEE
477. HEALTH COMM. ADAMS: AUTHORIZE AUDITOR TO RENAME FUND 2319 - AIDS HOME
HEALTH CARE TO FUND 2319 - EARLY INTERVENTION SERVICES;
AMEND APPROP O#64/2018 ($15,000.00 INTER-FUND TRF/ADV FR
1001 301001 HEALTH - ADMINISTRATION - OTHER ADVANCE OUT
TO 2319 301001 - EARLY INTERVENTION SERVICES
UNAPPROPRIATED BALANCE; AMEND APPROP O#64/2018
($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2319 - EARLY
INTERVENTION SERVICES TO 2319 301001 EARLY INTERVENTION
SERVICES - 600 PERSONNEL - $10,000.00, TO 2319 301001 EARLY
INTERVENTION SERVICES - 700 OTHER - $5,000.00 (GRANT FR
EARLY INTERVENTION SERVICES FOR NEW EMPLOYEES & OTHER
DIRECT COSTS). - FINANCE COMMITTEE
478. LIQUOR CONTROL DIVISION (OHIO): REQ STOCK TRANSFER ON D5 D6 LIQ PERMIT FOR BRUNOMARIA
INC DBA ARCADIA GRILL & BSMT & PATIO LOCATED @ 321 COURT
AVE NW . - RECEIVED & FILED
479. MAYOR BERNABEI: AUTHORIZE RE-APPT OF JACK HAW K TO BOARD OF BUILDING
APPEALS COMMENCING 1/1/19 - 12/31/21. - PERSONNEL
COMMITTEE
480. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE
BIDS, AW ARD AND ENTER INTO CONTRACT FOR PURCH OF
EVIDENCE LOCKER SYSTEM AND RELATED W ARRANTIES AND
ACCESSORIES FOR POLICE DEPT; ALTERNATIVELY AUTHORIZE
MAYOR AND/OR SAF DIR TO ENTER INTO CONTRACT FOR PURCH
OF ITEMS IN ACCORDANCE W ITH ANY PROCUREMENT PROCESS
AUTHORIZED BY LAW ; AUTHORIZE AUDITOR TO DRAW W ARRANTS
UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE
COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - DECEMBER 10, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. OBJ TO RENEW AL OF TW O LIQUOR PERMITS LOCATED W ITHIN CITY; EMERGENCY (R BAR & GRILL
@ 1117 W ERTZ AVE NW , PERMIT #71479900005, RUBY SALOON @ 2546 W INFIELD W AY NE, PERMIT
#7576907)
Referred to Judiciary Com m ittee
1 ST RDG 2. AMEND APPROP O#64/2018; EMERGENCY ($2,388.00 APPROP TRF FR 701001 2799-62183 JUSTICE
REINVESTMENT PRETRIAL GRANT FUND - PAYROLL FRINGES-COMP ABSENCE TO 701001 2799-
70506 JUSTICE REINVESTMENT PRETRIAL GRANT FUND - OTHER PROFESSIONAL SERVICES)
Referred to Finance Com m ittee
1 ST RDG 3. AMEND APPROP O#64/2018; EMERGENCY ($493,982.00 APPROP TRF FR 1001 501001 MAYOR ADMIN
- OTHER TO 1001 101001 SAFETY DIRECTOR - PERSONNEL - $6,795.00, TO 1001 103001 FIRE ADMIN
- PERSONNEL - $225,000.00, TO 1001 702001 CLERK OF COURTS - PERSONNEL - $34,750.00, TO
1001 801001 AUDITOR ADMIN - PERSONNEL - $4,000.00, TO 1001 801001 AUDITOR ADMIN - OTHER -
$221,437.00, TO 1001 501101 HUMAN RESOURCES - PERSONNEL - $2,000.00; $550.00 APPROP TRF
FR 2160 202210 MAINTENANCE - OTHER TO 2160 701001 JUDGES ADMIN - PERSONNEL; $6,000.00
APPROP TRF FR 5201 207022 DISTRIBUTION MAINTENANCE - PERSONNEL TO 5201 207012
PUMPING MAINTENANCE - PERSONNEL; $1,000.00 APPROP TRF FR 5701 101501 CODE
ENFORCEMENT - PERSONNEL TO 5701 753001 LAW ADMIN - PERSONNEL; $3,000.00 APPROP TRF
FR 6041 208001 MOTOR VEHICLE ADMIN - PERSONNEL TO 6041 103001 FIRE ADMIN - PERSONNEL;
$221,437.00 INTER-FUND TRF FR 1001 801001 AUDITOR ADMIN - OTHER TO 7502 801001 AUDITOR
ADMIN - OTHER)
Referred to Finance Com m ittee
1 ST RDG 4. AUTHORIZE AUDITOR TO RESERVE FUNDS FOR PAYMENT OF 27 TH PAY; EMERGENCY
($1,120,000.00 OR 8/10 OF $1,400,000.00 FOR 27 TH PAY IN 2020)
Referred to Finance Com m ittee
1 ST RDG 5. ADOPT TEMP APPROP FOR OPERATING AND CAPITAL EXPENDITURES OF CITY OF CANTON FOR
FY 2019; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 6. REPEAL SECTION 509.09, PANHANDLING PROHIBITIONS OF CHAPTER 509, DISORDERLY CONDUCT
AND PEACE DISTURBANCE OF PART FIVE, GENERAL OFFENSES CODE OF COD ORD OF CITY OF
CANTON
Referred to Judiciary Com m ittee
1 ST RDG 7. AMEND EXHIBIT A TO O#100/2011, AS AMENDED, CLASSIFICATION PLAN FOR NON-BARGAINING
UNIT PERSONNEL EMPLOYED BY CITY OF CANTON; EMERGENCY (REPLACE GEN FOREMAN
POSITION W ITH ASST SUPT, FUND 20-50-01, GRADE 6, FLSA CODE E, IN SANITATION & ENV
CONTROL DIV)
Referred to Personnel Com m ittee
(COUNCIL RECESSED AT 7:09 PM FOR THE FINANCE COMMITTEE TO DISCUSS O#8 & O#9; RECONVENED AT 7:12
PM)
265/2018 8. AMEND APPROP O#64/2018; EMERGENCY ($750,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL OPERATING FUND TO 1001 801001 AUDITOR - OTHER - $500,000.00, TO 1001 202210
MAINTENANCE - OTHER - $250,000.00; $500,000.00 INTER-FUND TRF FR 1001 801001 AUDITOR -
OTHER TO 6017 201001 SERVICE DIRECTOR - OTHER; $1,500.00 APPROP TRF FR 2423 701001
JUDGES ADMIN - OTHER TO 2423 701001 JUDGES ADMIN - PAYROLL)
Referred to Finance Com m ittee
266/2018 9. AMEND APPROP O#64/2018; EMERGENCY ($111,841.77 SUPP APPROP FR UNAPPROP BAL OF 2788
2013 COPS HIRING GRANT FUND TO 2788 102001 POLICE ADMIN - OTHER)
Referred to Finance Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#10 - O#14)
2 ND RDG 10. AUTHORIZE MAYOR TO ENTER INTO ENTERPRISE ZONE AGMT W ITH RELIABLE READY MIX CO TO
PROVIDE REAL PROPERTY TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE PAYMENTS TO
CANTON CITY SCHOOL BD OF ED AS REQUIRED PURSUANT TO SEC 5709.82(C) OF ORC;
EMERGENCY (C&ED)
2 ND RDG 11. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 22555 AND 22556; EMERGENCY (PARCELS 200336
& 200337, HABITAT FOR HUMANITY, 2200 BLOCK 6 TH ST NE, W ARD 4) (PS&T)
2 ND RDG 12. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 265 AND PART OF LOT 266; EMERGENCY
(PARCELS 206556, 221303, 10010149 & 10010150, STARK MGMT SRVS, NW CORNER CLEVELAND
AVE & 2 ND ST NW , W ARD 2) (PS&T)
2 ND RDG 13. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 23369 AND 23370; EMERGENCY (PARCELS 236130
& 236131, HABITAT FOR HUMANITY, 2000 BLOCK OF 25 TH ST NE, W ARD 9) (PS&T)
2 ND RDG 14. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 24138 AND 24139; EMERGENCY (PARCELS 217896
& 217897, HABITAT FOR HUMANITY, 2000 BLOCK OF 23 RD ST NE, W ARD 9) (PS&T)
CANTON CITY COUNCIL AGENDA - PAGE 3 - DECEMBER 10, 2018
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
267/2018 15. AUTHORIZE MAYOR OR SERV DIR TO ACCEPT AND ENTER INTO RENAISSANCE ENTERPRISE
LEASING, INC. JOINT ECONOMIC DEVELOPMENT DISTRICT (JEDD) AGMT AREA IN JACKSON TW P;
EMERGENCY
268/2018 16. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO JOB CREATION TAX INCENTIVE AGMT W ITH
RENAISSANCE ENTERPRISE LEASING, INC PURSUANT TO CITY’S INCENTIVE PROG; EMERGENCY
269/2018 17. AUTHORIZE RESURFACING OF SR 43 FR 3 RD ST SE TO MARKET AVE AND SR 172 FR CHERRY ST.
TO RIVERSIDE DR.; EMERGENCY
270/2018 18. AUTHORIZE MAYOR AND/OR SERV DIR AND SAF DIR TO: ADVERTISE, RECEIVE BIDS, AW ARD AND
ENTER INTO VARIOUS CONTRACTS FOR SUPPLY EQUIPMENT, ITEMS, MATERIALS, SUPPLIES AND
SERVS PURSUANT TO COD ORD SEC 105.09; ENTER INTO PROF SERVS CONTRACTS PURSUANT
TO COD ORD SEC 105.10; ENTER INTO CONTRACTS PURSUANT TO O.R.C. SEC 735.05 W ITH
QUALIFIED NONPROFIT AGENCIES; ENTER INTO CONTRACT FOR PURCH OF SUPPLY EQUIP,
ITEMS, MATERIALS, SUPPLIES AND SERVS UTILIZING ANY PURCH PROCESS AUTHORIZED BY
EITHER O.R.C. OR CANTON COD ORD; ENTER INTO CHANGE ORDERS AND/OR CONTRACT
AMENDMENTS FOR SAID PURCH DURING 2019 CALENDAR YR; EMERGENCY
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, December 17, 2018 in Council Caucus Room at 6:00 PM
1) Finance Com m ittee
2) Judiciary Com m ittee
3) Personnel Com m ittee
M ISCELLANEOUS BUSINESS: None
QUOTE OF THE W EEK: “The worst gift is a fruitcake. There is only one fruitcake in the entire world, and people keep sending
it to each other.” - Johnny Carson
ADJOURNM ENT: 7:20 PM
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, DECEM BER 17, 2018 @ 7:00 PM
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