City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -1- MINUTES OF THE MEETING JANUARY 7, 2019 PRESIDENT SHERER: I want to welcome everybody tonight. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 11 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Eleven present, one absent, Mr. President. EXCUSING MEMBERS PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we excuse Member Hall from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to excuse Member Hall from this evening’s meeting. Are there any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Member Hall is excused from this evening’s meeting. Tonight’s invocation will be given by Ward 3 Council Member, Jason Scaglione. If you would all please stand and remaining... remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on January 7, 2019 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The invocation was given by Ward 3 Council Member, Jason Scaglione. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes. Leader Smith. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 6 and 7 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading of COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -2- MINUTES OF THE MEETING JANUARY 7, 2019 Ordinances 6 and 7 to this evening’s agenda. Are there any remarks?... Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 6 and 7 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings, and we have none this evening. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business. There is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks, and we have two speakers tonight. Our first speaker is Pete DiGiacomo. Pete, will you please step forward and give us your name and your residential address, please. PETE DIGIACOMO: Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio. (Sighs) New Year’s Eve, I asked the Law Director if there was an ordinance about gunfire. She said yes. I would be curious if any citations were issued New Year’s Eve or New Year’s morning. And I’m talking morning by 1:00 in the morning, 12:30 A.M. in the morning. The neighborhood that I live in, and I’m not exaggerating, two to three hundred gun shots, semi-automatic... uh, rifles, a few shotguns. Ninety percent were semi-automatic pistols. And just to top it off, right at the end there’s a neighbor down there that sets off fireworks. These aren’t the ones that you buy at the fireworks store. I don’t know where he gets them, how he gets them, but if it ever misfires, someone’s on the way to the hospital or the morgue. When they go off in the air, you can feel the vibration. On that... uh, this past New Year’s Eve, I didn’t see one cruiser up and down High Avenue or 9th Street because that’s another one that they perform... you can see them driving back and forth. Um, I’d be curious, real curious, if there were any citations given out for gun fire. Thank you. PRESIDENT SHERER: Thank you, Pete, for your comments. Our second speaker tonight is Lois Anderson. Lois. Or Jacobson, I’m sorry. Lois, if you could please state your name and your residential address, please. LOIS JACOBSON: Lois DiGiacomo Jacobson, 2327 Applegrove Street NW, North Canton, Ohio. Um, most of you have seen me here before, and probably several times. I make a point of coming here about once a year to remind you of an organization called Coming Together Stark County. It reaches out to the entire county to promote diversity for all our citizens. We began in 1998. I’m a founding member, and you’ve been given some information about it tonight also. We reach out to government by working with all the Mayors, the Sheriff, safety forces, business, industry and education. We listen to people like Editor Desrosiers at the Rep to Teresa Purses from the Educational Service Center. Uh, Lisa Johnson from Aultman, the biggest employer in the area. There are two programs listed on the flyer you are looking at. Uh, these are of several that we have. The first one talks about being the only certified trainers to train and certify people in the area of diversity. We’re the only ones in Stark County with this ability. Uh, the other is the Criminal Justice Reform Committee, which many of you may have heard about, that have worked with COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -3- MINUTES OF THE MEETING JANUARY 7, 2019 having the employment applications not have on the first page if they’ve ever been convicted. At least they get through... uh, to further employees being able... employers being able to see further on in the application. So many times, of course, if that’s on the first... was on the first page, they are not able to be hired. But this has been changed. Uh, there’s a logo, Stark County Diversity Works, which everybody is free and ha... free to use. The Stark County Where Diversity Works is how we like to promote what we do, and I ask you if there is any suggestions or any other issues that you would like to offer, be a part of, and being any way supportive of Coming Together Stark County, please feel free to do so. I am very appreciative of being able to give you this information fair... uh, yearly. Thank you very much. PRESIDENT SHERER: Thank you very much. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions, and we have six tonight. Mr. Clerk, would you please read Informal Resolution #1, by title. #1. COUNCIL-AS-A-WHOLE: COMMENDING COUNCIL PRESIDENT ALLEN SCHULMAN FOR HIS YRS OF SERVICE TO THE CITY OF CANTON. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #1. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #1. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #1 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #1 is adopted. Leader Smith. MEMBER SMITH: Mr. President, can we have that Resolution read in its entirety, please. PRESIDENT SHERER: Mr. Clerk, would you please read Informal Resolution #1 in its entirety, and afterwards Majority Leader Smith and Assistant Majority Leader Babcock will make a presentation. CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Council-as-a-Whole on this 7th day of January, 2019. Whereas, A devoted husband, a loving father, a faithful friend, a true leader, a brilliant attorney and an esteemed Council President. Allen Schulman was all these things; and Whereas, Allen’s avid interest in politics and government began at the age of 12 when he met the Democratic Candidate for President, John F. Kennedy, at the Columbus Airport. Seeing that Allen was sporting a ball cap covered with “Vote for Kennedy” campaign pins, JFK shook his hand and said, “I like your hat.” This was a moment Allen remembered always; and Whereas, After obtaining a Bachelor of Arts Degree from Miami University, Allen went on to earn a Juris Doctor Degree from Akron University School of Law in 1974. After passing the Bar in 1975, Allen founded Allen Schulman and Associates in downtown Canton, which for 43 years has successfully COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -4- MINUTES OF THE MEETING JANUARY 7, 2019 served clientele from all walks of life. Allen repeatedly achieved multi-million dollar settlements and verdicts in wrongful death, malpractice and personal injury cases on behalf of his clients; and Whereas, Allen’s exceptional legal career did not go unnoticed. He was ranked one of Ohio’s top 100 lawyers and one of the best lawyers in America by Martindale-Hubbell, and was inducted into the International Association of Trial Lawyers and the International Society of Barristers; and Whereas, Allen successfully served as Canton City Council President since September 28, 2006. His passion for social justice and steadfast ability to lead became even more evident as he conducted each Council meeting with energy and eloquence. He never failed to be helpful and supportive to all Council Members as well as the Council Staff. During his tenure as President, Allen donated his entire council salary to the Stark County Hunger Task Force; and Whereas, Allen was a loving and devoted husband to his lovely wife of 22 years, Christine Schulman, and a proud father to his daughter, Alexis Schulman, and son-in-law, Alfred Hanssen. Above all, Allen’s love for his family came first. He was truly a Treasure. Now Therefore Be It Resolved, that we, the Members of Canton City Council, do hereby give special tribute to and commend Council President Allen Schulman for his years of service to the City of Canton and for his dedication to the community, as both a brilliant attorney and inspiring leader. Unveiling of plaque in memory of former Council President, Allen Schulman (Applause) PRESIDENT SHERER: Chrissy, I want to thank you for coming tonight. I mean, it means a lot to me personally. You’re more than welcome to stay for the meeting, but it’s not necessary. But I just want to thank you for coming tonight. MAYOR BERNABEI: Mr. President. Mr. President. PRESIDENT SHERER: Yes, Mr. Mayor. MAYOR BERNABEI: Thank you. I... I just wanted to remind everyone that this coming Saturday, January the 12th, there will be a celebration of Allen’s life planned by the family by Chrissy and Alexis, which will be held at the Cultural Center at 11:00 A.M. All of you are welcome to attend and encouraged to attend. CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: Okay. CLERK DOUGHERTY: Just to let you know, it has already been arranged, we will be hanging that back here by the other pictures. It will stay there forever in the Chambers. PRESIDENT SHERER: Mr. Clerk, will you please read Informal Resolution #2. #2. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF DEBORAH ROHRBACH TO THE FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 1/1/19 - 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #2. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -5- MINUTES OF THE MEETING JANUARY 7, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #2. Are there any remarks?... Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #2 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #2 is adopted. #3, please. #3. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF ROBERT THOMPSON TO THE FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 1/1/19 - 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #3. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #3. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #3 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #3 is adopted. #4, please. #4. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF VALERIE WATSON TO THE FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 1/1/19 - 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #4. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #4. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #4 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #4 is adopted. #5, please. #5. AUTHORIZE RE-APPT OF AMY WEISBROD TO THE FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 1/1/19 - 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -6- MINUTES OF THE MEETING JANUARY 7, 2019 MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #5. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #5. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #5 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #5 is adopted. #6, please. #6. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF CLINT ZOLLINGER TO THE FAIR EMPLOYMENT PRACTICES BOARD COMMENCING 1/1/19 - 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #6. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #6. Are there any remarks?... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #6 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. Motion carries, and Resolution #6 is adopted. COMMUNICATIONS PRESIDENT SHERER: We’re 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 JANUARY 7, 2019. 1. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 12/31/18. - RECEIVED & FILED 2. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 12/1/18 THRU 12/31/18. - RECEIVED & FILED 3. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/18 THRU 12/31/18. - RECEIVED & FILED 4. CLERK DOUGHERTY: WITHDRAW OBJ TO TRF APPLICATION FOR LIQ PERMIT FOR FAMILY DOLLAR STORES OF OHIO, INC. DBA FAMILY DOLLAR 5947, @ 1207 - 12TH ST NW, WARD 1 (COOP AGMT ATTACHED) - JUDICIARY COMMITTEE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -7- MINUTES OF THE MEETING JANUARY 7, 2019 5. CLERK DOUGHERTY: WITHDRAW OBJ TO TRF APPLICATION FOR LIQ PERMIT FOR FAMILY DOLLAR STORES OF OHIO, INC. DBA FAMILY DOLLAR 1348, WEST UNIT ONLY, @ 2901 MAHONING RD NE, WARD 6 (COOP AGMT ATTACHED). - JUDICIARY COMMITTEE 6. SAFETY DIRECTOR PERRY: LTR NOTIFYING COUNCIL OF RESIGNATION DAVID MOLNAR, CHIEF BLDG OFFICIAL, EFFECTIVE 12/28/18. - RECEIVED & FILED 7. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE A PROF SERVS CONTRACT WITH IBI GROUP FOR DESIGN OF CLEVELAND AVE NW WATER MAIN REPLACEMENT PROJ; AMEND O#276/2018 ($174,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207055 CLEVELAND AVE NW WATER MAIN REPLACEMENT PROJECT - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 8. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH BURGESS & NIPLE FOR DESIGN OF MARKET AVE NORTH WATER MAIN REPLACEMENT PROJ; AMEND O#276/2018 ($87,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207054 MARKET AVE NORTH WATER MAIN REPLACEMENT PROJECT - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 9. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH CT CONSULTANTS, INC. FOR DESIGN OF SPANGLER ST. NE AREA WATER MAIN REPLACEMENT PROJ; AMEND O#276/2018 ($154,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207056 SPANGLER STREET NE AREA WATER MAIN REPLACEMENT PROJECT - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 10. SERVICE DIRECTOR HIGHMAN: AMEND EXHIBIT A TO O#40/2000, AS AMENDED, CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL, TO ALLOW UP TO TWO (2) TOTAL EMPLOYEES IN ANY COMBINATION OF CLASSIFICATIONS LISTED, FOUND IN SERV DIRECTOR’S PUBLIC WORKS-WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY & TREATMENT DIVISION SHOWN IN EXHIBIT A (A. CLASS 671, UNION GROUP11, BACTERIOLOGIST; B. CLASS 672, UNION GROUP 11, WATER QUALITY CONTROL CHEMIST); EMERGENCY. - PERSONNEL COMMITTEE 11. SERVICE DIRECTOR HIGHMAN: AMEND CLASSIFICATION PLAN FOR MGT NON- BARGAINING UNIT PERSONNEL TO ALLOW UP TO THREE (3) TOTAL EMPLOYEES IN ANY COMBINATION OF CLASSIFICATIONS LISTED, FOUND IN SERV DIRECTOR’S PUBLIC WORKS - WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY & TREATMENT DIVISION SHOWN IN EXHIBIT A (A. SUPERVISOR, DISTRIBUTION; B. ASSISTANT SUPERVISOR, DISTRIBUTION); EMERGENCY - PERSONNEL COMMITTEE 12. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -8- MINUTES OF THE MEETING JANUARY 7, 2019 RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE ENGINEERING PROF SERVS CONTRACT FOR CONSTRUCTION OVERSIGHT SERVS OF PROJ; AUTHORIZE MAYOR, SERV DIR OR DESIGNEE ON BEHALF OF CITY OF CANTON TO ESTABLISH FMV OF ALL PARCELS FOR FEE SIMPLE TAKES NECESSARY FOR CONSTRUCTION OF PROJ; AUTHORIZE MAYOR, SERV DIR OR DESIGNEE TO NEGOTIATE WITH PROP OWNERS FOR PURCH/ACQUISITION OR DONATION/ACQUISITION OF PARCELS UTILIZING FMV AS BASIS OF NEGOTIATIONS TO ACCEPT TITLE TO PARCELS; AUTHORIZE MAYOR, SERV DIR, OR DESIGNEE TO MAKE MINISTERIAL CHANGES TO CORRECT PROP OWNER NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR TYPO ERRORS; DECLARE COUNCIL’S INTENT TO APPROP PARCELS FOR PROJ (AS REQ BY ORC 719.04) IF NEGOTIATED SETTLEMENT CANNOT BE REACHED WITH PARCEL OWNERS; AUTHORIZE MAYOR AND/OR SERV DIR ON BEHALF OF CITY OF CANTON TO ACQUIRE THREE PARCELS OF DELINQUENT VACANT LAND (STARK CO. AUDITOR PARCEL NOS. 231647, 222754, 223237) THRU STARK CO. LAND REUTILIZATION CORP; AUTHORIZE CITY TO RECEIVE AND ENTER INTO AGMT FOR GRANT FUNDS FOR PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE SEPARATE FUND FOR TRACKING PROJ REVENUES AND EXPENDITURES AND AMENDS O#276/2018 APPROP TOTAL ODOT FUNDING AMT OF $458,000.00 FR UNAPPROP BAL OF 4588 (3RD ST. SE BRIDGE PROJECT, GP 1167, PID 91972) FUND TO 4588-202096 (3RD ST. SE BRIDGE PROJECT, GP 1167, PID 91972) FUND AND ORGANIZATION - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE & PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A JOB CREATION TAX INCENTIVE AGREEMENT WITH THRASHER ENGINEERING, INC. PURSUANT TO THE CITY’S INCENTIVE PROGRAMS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 88/2012; AND DECLARING THE SAME TO BE AN EMERGENCY (AMEND LANGUAGE UNDER CAPTION “CORNERSTONE DECK”) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH JULZ BY ALAN RODRIGUEZ TO COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -9- MINUTES OF THE MEETING JANUARY 7, 2019 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 Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS FOR THE PURCHASE OF FOUR (4) SMALL SPORT UTILITY VEHICLES FOR THE BUILDING DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY THE OHIO REVISED CODE AND/OR CANTON CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement and Finance Committees #5. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ADDT’L SENIOR ELECTRONIC TECHNICIAN TO SERV DIRECTOR’S PUBLIC WORKS COLLECTION SYSTEM DEPT) Referred to Personnel Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #6. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #6 THROUGH #7 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #6. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 171/2018; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($37,296.00 SUPP APPROP FR UNAPPROP BAL OF 2790 2017-DJ-BX-0135 EDWARD BYRNE MEMORIAL GRANT FUND TO 2790 102001 POLICE ADMIN - OTHER) #7. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO RENAME THE 2319 AIDS HOME HEALTH CARE FUND TO 2319 EARLY INTERVENTION SERVICES FUND; AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 INTER-FUND TRF FR 1001 301001 HEALTH ADMINISTRATION - OTHER TO UNAPPROP BAL 2319 301001 EARLY INTERVENTION COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -10- MINUTES OF THE MEETING JANUARY 7, 2019 SERVICES - OTHER; $15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2319 EARLY INTERVENTION SERVICES FUND TO 2319 301001 EARLY INTERVENTION SERVICES - 600 PERSONNEL - $10,000.00, TO 2319 301001 EARLY INTERVENTION SERVICES - 700 OTHER - $5,000.00) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Informal Resolutions for their Third Final Reading and Vote. Mr. Clerk, please begin with Ordinance #8. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #8 THROUGH #9 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 1/2019 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 64/2018; AND DECLARING THE SAME TO BE AN 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) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #8. Are there any remarks? Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #8 per the copy that all Council Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #8 per the copy before each of you. Are there any remarks? Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it and the motion carries. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8, as amended. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -11- MINUTES OF THE MEETING JANUARY 7, 2019 MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 8 by amending the caption and Section 1 to change the ordinance no. “64/2018" to “276/2018". PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #8 as amended. Are there any remarks under this Ordinance as amended? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #8 ADOPTED AS AMENDED AS ORDINANCE NO. 1/2019 PRESIDENT SHERER: Ordinance #8 is amended... as amended is adopted. Ordinance #9, please. #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 2/2019 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 PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #9. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 2/2019 PRESIDENT SHERER: Motion carries and Ordinance #9 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcements of Committee Meetings. MEMBER BABCOCK: Madam... uh, Madam... sorry, that... uh, Mr. President. (Laughs) PRESIDENT SHERER: Easy, Babby. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -12- MINUTES OF THE MEETING JANUARY 7, 2019 MEMBER BABCOCK: Mr. President, Personnel will meet... uh, I think 6:30. CLERK DOUGHERTY: Uh, excuse me. Sorry about that. We are having a presentation by the County next Monday, so we’ll have to go at 6:00, please. MEMBER BABCOCK: Okay. Personnel will meet 6:00 next Monday night, that is the 14th. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. CLERK DOUGHERTY: Finance. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: My bad. Finance, same place, same time. MEMBER MINOR SMITH: Mr. President, the Community & Economic Development Committee will also meet at the same time on the same date. Thank you. CLERK DOUGHERTY: Mr. President, just to clarify, the County Treasurer’s Office will be coming for a presentation on a new program that they have, a new loan program, that they’ll be administering. PRESIDENT SHERER: Okay. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business at this time? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Member Smuckler. MEMBER SMUCKLER: I was wondering whether the Clerk could set a meeting up with the Stark County Sheriff to go over with the Council what’s going to happen with the dog situation on a Monday night. CLERK DOUGHERTY: Yes, Member Smuckler. MEMBER SMUCKLER: Thank you. PRESIDENT SHERER: You’re welcome. Is there any other Miscellaneous Business? Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: “It doesn’t matter how strong your opinions are. If you don’t use your power for positive change, you are, indeed, part of the problem.” - Coretta Scott King COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -13- MINUTES OF THE MEETING JANUARY 7, 2019 PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SHERER: Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: And this meeting is adjourned. (Gavel falls) ADJOURNMENT TIME: 7:25 P.M. ATTEST: 1/8/19 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER II CLERK OF COUNCIL PRESIDENT