City Council
Regular MeetingCanton, OH · February 11, 2019
Minutes
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -58-
MINUTES OF THE MEETING FEBRUARY 11, 2019
PRESIDENT SHERER: 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:
9 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH,
GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, KEVIN HALL, PETER FERGUSON &
FRANK MORRIS)
NINE COUNCIL MEMBERS PRESENT. (MEMBER SMUCKLER, MEMBER FISHER AND MEMBER
MARIOL ABSENT)
CLERK DOUGHERTY: Nine present, three absent, Mr. President.
EXCUSING MEMBERS
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we excuse Members Smuckler, Fisher and Mariol from tonight’s
meeting.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to excuse Member Smuckler, Fisher and Mariol
from this evening’s meeting. Are there any remarks?...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Member Smuckler, Fisher and Mariol are excused from this
evening’s meeting. Tonight’s invocation will be given by Ward 8 Council Member, Pete Ferguson. If you
would all please stand and remain standing for the Pledge of Allegiance.
The regular meeting of Canton City Council was held on February 11, 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 8 Council Member, Pete Ferguson. 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 4 through
10 to this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Reading of
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -59-
MINUTES OF THE MEETING FEBRUARY 11, 2019
Ordinance... Ordinances 4 through 10 to this evening’s agenda. Are there any remarks? ...Hearing none, roll
call vote please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Ordinances 4 through 10 are a legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SHERER: We are now under Public Hearings, and we have none for this evening.
OLD BUSINESS
PRESIDENT SHERER: We are now under Old Business and 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 Stephanie Sweany. Would you please step forward and give us your name and residential address,
and I would like to remind you that you have three minutes. Thank you.
STEPHANIE SWEANY: Stephanie Sweany of 123 17th Street NW, Apartment 6. I live in Frank Morris’
ward. (Chuckles) Uh, I’m here today to talk a little bit about Canton Kindness Coalition. We were here a
couple weeks ago and we wanted to stop by. This is my friend, Becky, and my friend, Barb, who are also a
part of Canton Kindness. We wanted to thank the Mayor for his wonderful Proclamation that he gave us.
Uh, this week is national random acts of kindness week, so we’ll be out there performing acts of kindness all
throughout the week. Uh, you can find those on our Facebook and other social media if you’re interested in
partaking. Uh, but we have a huge day of kindness this Sunday, February 17th. We will be out at three
different locations encouraging community members to engage in acts of kindness. Uh, we will be at the
Akron Canton Regional Airport from noon to 2:00, and we are providing a lunch from SOL Pie Pizza to the
furloughed TSA workers. We don’t know what’s going to happen with that so we’re gonna provide them
some lunch, pizza and some snacks. From 2:00 to 4:00 Barb will be out at the library making cards for
patients of Aultman Hospital. And then from 4:00 to 6:00 we will be out at Muggswigz Café right here
downtown, and we’ll be taking donations for comfort carts for Aultman Hospital. So we wanted to just let
everyone know that we had that going on. We would love to see Members of Council and anyone else
participate. Uh, we’re just out here trying to make kindness contagious. It’s something simple that anyone
can partake in, and we have quite a few opportunities this week to do that. We also wanted to spread some
kindness to you at Council cause you guys work so hard every day, so we have some little candies for
everybody that have our cards on them that you can check out all of our social media and just see what we
have... have going on. Thanks so much. (Brief pause, background noise and voices)
PRESIDENT SHERER: And Stephanie, you guys are... you guys are doing a great job.
STEPHANIE SWEANY: Thank you.
PRESIDENT SHERER: Absolutely you are.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -60-
MINUTES OF THE MEETING FEBRUARY 11, 2019
STEPHANIE SWEANY: Thank you.
PRESIDENT SHERER: Yeah, so... Alright, our next speaker is James Riehl. If you could please step
forward and give us your name and residential address. And I’d like to remind you that you have three
minutes.
JAMES RIEHL: James Riehl, 1440 St. Elmo Avenue NE, Canton, Ohio. Uh, I... I talked to Chester. It is
what it is, but the park system has got plowed better than the road beside of me. How can that be? As in the
snow plow. Can... anybody have an answer for that or... no, yes?
PRESIDENT SHERER: Well, I’m sure if you would like to stick around after the Council meeting, I’m sure
that the Council Members or Nate would be more than happy to talk to you.
JAMES RIEHL: Okay. I... just asking. I... I sent Nate pictures or what not, but was at the park and you go
through the park and the roads are clear. I come out of my garage and it’s like, whew, holly heck! And I live
in the city. And he said oh, city... it’s the City Park Department that takes care of the roads. Am I right?
Wrong? No?
PRESIDENT SHERER: But we don’t... we do not address the parks.
JAMES RIEHL: What do you mean you don’t... you... what do you mean you don’t address the parks?
PRESIDENT SHERER: (Inaudible)... okay, okay. Alright.
JAMES RIEHL: You... we have Stark Parks and we have Canton City Parks. Canton City Parks plowed.
And we have Stark County Parks takes care of the parks. Ha... ha... ha... ha... geez. How can a park be taken
care of better than a road? That’s my... that’s my question.
PRESIDENT SHERER: Mr. Riehl, if you would like to stick around after the meeting. The discussion with
the Council Members is not supposed to be during Public Speaks. And if you would like to stick around
after the meeting, I’m sure that the Council Members would be more than happy to try to answer your
questions of why that... why your road was not plowed, but this is not the format to do that right now.
JAMES RIEHL: Okay. Well, that’s fine, but I... I’m just wondering, I’m here now. It... it should have
already been addressed before it came to this. Thank you. My time’s up.
PRESIDENT SHERER: Alright. Well, she is... okay. Alright, that’ll be fine.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: Alright, we are now under Informal Resolutions and we have none for this evening.
COMMUNICATIONS
PRESIDENT SHERER: 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
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -61-
MINUTES OF THE MEETING FEBRUARY 11, 2019
IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED
FEBRUARY 11, 2019.
48. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 1/1/19 THRU 1/31/19. - RECEIVED &
FILED
49. LIQUOR CONTROL DIV (OHIO): REQ TRF D1 D3 D3A PERMIT FR MICHAEL NASVADI
DBA BUZZBIN TO HEART SHAPED BOX LLC DBA BUZZBIN @ 331-337-339 CLEVELAND
AVE NW (WARD 2). - RECEIVED & FILED
50. MAYOR BERNABEI: LTR ADVISING OF APPT OF LISA GISSENDANER TO MAYOR’S
COMMUNITY RELATIONS COMMISSION, COMMENCING IMMEDIATELY THRU 12/31/19.
- RECEIVED & FILED
51. MAYOR BERNABEI: REQ AUTHORIZATION FOR MAYOR AND/OR DEPUTY MAYOR TO
CONTINUE CONTRACTUAL AGMT WITH CANTON COMMUNITY IMPROVEMENT CORP
(CCIC); AGMT WILL PROVIDE GRANT UTILIZATION GENERAL FUND DOLLARS IN AMT
OF $50,000.00 FOR GRANTS, LOANS & ADMIN COSTS. - FINANCE AND COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEES
52. MAYOR BERNABEI: BOARD OF CONTROL MEETING MINUTES. - RECEIVED & FILED
53. PROPERTY OWNER MICHAEL C. RANDAZZO: REQ AUTHORIZATION FOR ZONE
CHANGE @ 2707 TUSCARAWAS ST. (PARCELS 245723, 224730, 215034, 233875 &
229559), WARD 3. - PLANNING COMMISSION
54. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER
INTO A PROF SERVS CONTRACT WITH ACLARA TECHNOLOGIES, INC FOR UPGRADE
TO CITY WATER DEPT’S AUTOMATED METER READING SYSTEM IN AMT OF
$173,290.00; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF
VOUCHERS; EMERGENCY. - FINANCE COMMITTEE
55. SERVICE DIRECTOR HIGHMAN: REQ RATIFICATION OF ACTIONS TAKEN PRIOR TO
PASSAGE OF THIS ORD PURSUANT TO SEC 105.04 OF COD ORD; AUTHORIZE MAYOR
AND/OR SERV DIR TO ENTER INTO CONTRACTS TO RESPOND TO EMERG; AUTHORIZE
AND DIRECT AUDITOR TO PAY MORAL OBS RESULTING FR RESPONDING TO
EMERGENCY; EMERGENCY (1207 - 6TH ST SW DEMO). - FINANCE COMMITTEE
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 #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -62-
MINUTES OF THE MEETING FEBRUARY 11, 2019
STATE LAW, AS FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND
ENTER INTO A ONE-YEAR CONTRACT, WITH THE OPTION OF THREE
(3) ONE-YEAR RENEWALS AT THE SOLE DISCRETION OF THE CITY,
FOR THE EVALUATION OF WATER DISTRIBUTION VALVES; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO CHANGE ORDERS 4 THROUGH 10
FOR THE MAHONING RD CORRIDOR PHASE 2, G.P. 1103, PID 90365;
AMENDING APPROPRIATION ORDINANCE NO. 276/2018; AND
DECLARING THE SAME TO BE AN EMERGENCY ($278,935.41 SUPP
APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PRJ
GP 1103 FUND TO 4566 202079 MAHONING ROAD CORRIDOR
PROJECT - OTHER; $236,121.91 SUPP APPROP FR UNAPPROP BAL OF
5410 SEWER OPERATING FUND TO 5410 202079 MAHONING ROAD
CORRIDOR PROJECT - OTHER; $9,253.02 SUPP APPROP FR UNAPPROP
BAL OF 5201 WATER WORKS OPERATING (020) TO 5201 202079
MAHONING ROAD CORRIDOR PROJECT - OTHER)
Referred to Public Property Capital Improvement and Finance Committees
#3. (1ST RDG) ADOPTED AS ORDINANCE NO. 19/2019 AN ORDINANCE
APPROVING THE AMENDMENTS OF THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON
POLICE PATROLMAN’S ASSOCIATION; AND DECLARING THE SAME
TO BE AN EMERGENCY (WAGES & HEALTHCARE PROVISIONS 1/1/19
THRU 12/31/19)
Referred to Personnel and Finance Committees
PRESIDENT SHERER: At this time the Chair would declare an in-house recess for Personnel and
Finance Committees to meet regarding Ordinance #3 on your agenda this evening. You are now in
recess.
(COUNCIL RECESSED AT 7:11 PM FOR THE PERSONNEL AND FINANCE COMMITTEES
TO DISCUSS ORDINANCE #3; RECONVENED AT 7:15 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader.
MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinance #3 back on this
evening’s agenda.
MEMBER BABCOCK: Second.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -63-
MINUTES OF THE MEETING FEBRUARY 11, 2019
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to bla... place Ordinance #3
back on this evening’s agenda. Are there any remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
PRESIDENT SHERER: Ordinance #3 is a legal part of your agenda. Leader.
MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #3.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: There’s a motion to suspend the Statutory Rules on Ordinance #3. Are there
any remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
PRESIDENT SHERER: You’ve heard the three readings, Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #3.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #3. Are there any
remarks under this Ordinance?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#3 ADOPTED AS ORDINANCE NO. 19/2019
PRESIDENT SHERER: Ordinance #3 is adopted.
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 #4.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES
#4 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE
LAW, AS FOLLOWS:
#4. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1131, DEFINITIONS, OF TITLE
SEVEN, INTERPRETATION OF REGULATIONS AND CHAPTER 1187,
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -64-
MINUTES OF THE MEETING FEBRUARY 11, 2019
SIGNS OF TITLE TWENTY-ONE, SITE DESIGN REQUIREMENTS OF
PART ELEVEN, PLANNING & ZONING CODE OF THE CODIFIED
ORDINANCES OF THE CITY OF CANTON
PUB HRG 2/25/19 @ 7:00 PM
#5. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL
OBLIGATION IN AN AMOUNT NOT TO EXCEED $1,343.50 TO ORIANA
HOUSE; AND DECLARING THE SAME TO BE AN EMERGENCY (MUNI
CT, GPS & ELECTRONIC MONITORING OF DEFENDANTS)
#6. (2ND 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 (DEPT 20WT,
PUBLIC WORKS WATER CONSTRUCTION, REPAIR, MAINTENANCE,
SUPPLY & TREATMENT DIV, TECH V CLASS, POSITION #469)
#7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
($160,000.00 APPROP TRF FR 1001 204010 OTHER BUILDINGS -
PERSONNEL TO 1001 204010 OTHER BUILDINGS - OTHER)
#8. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES
CONTRACT WITH ARCADIS IN AN AMOUNT NOT TO EXCEED
$343,300.00; AMENDING APPROPRIATION ORDINANCE NO. 276/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ($377,600.00
SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201
207057 PERRY/TUSCARAWAS/WOODLAWN AREA WATER MAIN
REPLACEMENT PROJ PHASE I - OTHER)
#9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES
CONTRACT WITH ARCADIS IN AN AMOUNT NOT TO EXCEED
$128,700.00; AMENDING APPROPRIATION ORDINANCE NO. 276/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ($141,600.00
SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201
207058 PERRY/TUSCARAWAS/WOODLAWN AREA WATER MAIN
REPLACEMENT PROJ PHASE II - OTHER)
#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE WATERLINE CONSTRUCTION
ALONG THE US 62 FRONTAGE ROAD; AND DECLARING THE SAME
TO BE AN EMERGENCY
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -65-
MINUTES OF THE MEETING FEBRUARY 11, 2019
Reading and Vote. Mr. Clerk, please beg... uh, begin with Ordinance #11.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #11 THROUGH #15 FOR THE THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS:
#11. (3RD RDG) ADOPTED AS ORDINANCE NO. 20/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF LOTS 3083, 3084 AND
PART OF LOTS 6226, 6227, 6228 AND 6229; VACATING A 12'
UNNAMED ALLEY; AND DECLARING THE SAME TO BE AN
EMERGENCY ( NW CORNER 9TH ST AND THE O’JAYS PKWY NE,
WARD 2) PUB HRG WAIVED
PRESIDENT SHERER: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #11. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#11 ADOPTED AS ORDINANCE NO. 20/2019
PRESIDENT SHERER: Motion carries and Ordinance #11 is adopted. Ordinance #12, please.
#12. (3RD RDG) ADOPTED AS ORDINANCE NO. 21/2019 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO
ADVERTISE FOR A REQUEST FOR PROPOSALS FROM INTERESTED
VENDORS FOR THE IMPLEMENTATION OF ENERGY CONSERVATION
MEASURES FOR SPECIFIED CITY BUILDINGS PURSUANT TO O.R.C.
717.02; AND DECLARING THE SAME TO BE AN EMERGENCY (“SMART
CITIES”)
PRESIDENT SHERER: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #12.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #12. Are there any
remarks?...Hearing none, roll call vote, please.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -66-
MINUTES OF THE MEETING FEBRUARY 11, 2019
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#12 ADOPTED AS ORDINANCE NO. 21/2019
PRESIDENT SHERER: Motion carries and Ordinance #12 is adopted. Ordinance #13, please.
#13. (3RD RDG) ADOPTED AS ORDINANCE NO. 22/2019 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO:
ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A
CONSTRUCTION CONTRACT FOR THE 33RD STREET NW AREA WATER
MAIN REPLACEMENT PROJECT AND TO EXECUTE A PROFESSIONAL
SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES;
RECEIVE GRANT FUNDS IN THE AMOUNT OF $900,000 AND A ZERO
PERCENT INTEREST LOAN IN THE AMOUNT OF $600,000 FROM THE
OHIO PUBLIC WORKS COMMISSION; AUTHORIZING THE AUDITOR TO
CREATE THE 5239 33RD ST NW AREA WATER MAIN REPLACEMENT
PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO.
276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY
($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5239 33RD STREET
NW AREA WATER MAIN REPLACEMENT PROJ FUND TO 5239 207052
33RD STREET NW AREA WATER MAIN REPLACEMENT PROJ - OTHER;
$565,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND
TO 5201 207052 33RD STREET NW AREA WATER MAIN REPLACEMENT -
OTHER)
PRESIDENT SHERER: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #13.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #13. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#13 ADOPTED AS ORDINANCE NO. 22/2019
PRESIDENT SHERER: Motion carries and Ordinance #13 is adopted. Ordinance #14, please.
#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 23/2019 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO
ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A
CONSTRUCTION CONTACT FOR THE BUILDING OF AN AGGREGATE
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -67-
MINUTES OF THE MEETING FEBRUARY 11, 2019
SHELTER AND RELATED UPGRADES; AMENDING APPROPRIATION
ORDINANCE NO. 276/2018; AND DECLARING THE SAME TO BE AN
EMERGENCY ($220,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201
WATER FUND TO 5201 207022 WATER DISTRIBUTION - OTHER)
PRESIDENT SHERER: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #14.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #14. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#14 ADOPTED AS ORDINANCE NO. 23/2019
PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Ordinance #15, please.
#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 24/2019 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO:
ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A
CONSTRUCTION CONTRACT AND TO EXECUTE A PROFESSIONAL
SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES
FOR THE RIDGEWOOD EAST WATER MAIN REPLACEMENT PROJECT
PHASE II; AMENDING APPROPRIATION ORDINANCE NO. 276/2018;
AND DECLARING THE SAME TO BE AN EMERGENCY ($1,064,000.00
SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201
207047 RIDGEWOOD PHASE II WATER MAIN REPLACEMENT PROJ -
OTHER)
PRESIDENT SHERER: Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #15.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #15. Are there any
remarks?...Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 9 YEAS, 0 NAYS
CLERK DOUGHERTY: Nine yeas, Mr. President.
#15 ADOPTED AS ORDINANCE NO. 24/2019
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -68-
MINUTES OF THE MEETING FEBRUARY 11, 2019
PRESIDENT SHERER: Motion carries and Ordinance #15 is adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under announcements of Committee Meetings.
MEMBER MORRIS: Mr. President.
PRESIDENT SHERER: Member Morris.
MEMBER MORRIS: Finance will meet February 25th at 6:30 P.M.
MEMBER SCAGLIONE: Mr. President.
PRESIDENT SHERER: Member Scaglione.
MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place.
PRESIDENT SHERER: Thank you.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We are now under Miscellaneous Business...
DEPUTY MAYOR WILLIAMS: Mr. President. Mr. President.
PRESIDENT SHERER: Deputy Mayor.
DEPUTY MAYOR WILLIAMS: Uh, the Administration respectfully request a meeting at 6:00 P.M. on
the 25th to discuss sewer rates. That... if Council would be amenable to that, it would greatly be
appreciated.
MEMBER MORRIS: Clerk Dougherty, told you so. (Laughter)
PRESIDENT SHERER: Thank you, Deputy Mayor.
MEMBER MORRIS: 6:00 P.M. then.
PRESIDENT SHERER: 6:00 P.M. Is there any...
DEPUTY MAYOR WILLIAMS: Mr... Mr. President.
PRESIDENT SHERER: Deputy Mayor.
DEPUTY MAYOR WILLIAMS: I... I hear rumbling. Would 6:15 be better for Members of Council?
MEMBER SMITH: I think you need to be addressing that to me.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -69-
MINUTES OF THE MEETING FEBRUARY 11, 2019
MEMBER MORRIS: It... it’s fine, Deputy Mayor. If you need 6:00 (inaudible).
MEMBER SMITH: Excuse me.
MEMBER MORRIS: By the Majority Leader.
DEPUTY MAYOR WILLIAMS: Will 6:15 be okay for Members of Council?
MEMBER SMITH: That’s fine.
DEPUTY MAYOR WILLIAMS: Mr. President, 6:15, please.
PRESIDENT SHERER: Thank you, Deputy Mayor. Is there any Miscellaneous Business tonight?
Member Hall. (Chuckles) Clerk Dougherty, our quote for the week, please.
CLERK DOUGHERTY: “Better to remain silent and be thought a fool than to speak out and remove
all doubt.” -Abraham Lincoln (Laughter)
PRESIDENT SHERER: Oh, wow.
MEMBER SMITH: Excuse me, could you repeat that? (Laughter)
CLERK DOUGHERTY: “Better to remain silent and be thought a fool than to speak out and remove
all doubt.”
MEMBER SMITH: Thank you.
PRESIDENT SHERER: Thank you, Clerk Dougherty. Leader Smith.
MEMBER SMITH: Mr. President, I move we adjourn.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please.
NO REMARKS ROLL CALL 8 YEAS, 1 NAY
(MEMBER MORRIS VOTED NO)
CLERK DOUGHERTY: Eight yeas, one nay, Mr. President.
PRESIDENT SHERER: This meeting is adjourned. (Gavel sounds).
ADJOURNMENT TIME: 7:25 P.M.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -70-
MINUTES OF THE MEETING FEBRUARY 11, 2019
ATTEST: 2/13/19 APPROVED:
DAVID R. DOUGHERTY WILLIAM SHERER II
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM FEBRUARY 11, 2019
ROLL CALL: Nine Mem bers Present
M OTION TO EXCUSE M EM BERS: Mem bers Sm uckler, Fisher and Mariol Absent
INVOCATION: Pete Ferguson, W ard 8 Council Mem ber
PLEDGE OF ALLEGIANCE: President Sherer
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#3; 2 nd Rdg O#4 - O#10; O#3 Adopted on 1 st
Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Stephanie Sweany and other m em bers of the Canton Kindness Coalition, Becky and
Barb, thanked Mayor Bernabei for the Proclam ation they received. This week is a National Random Acts of Kindness week and
their activities can be found on their social m edia pages. They passed out their business cards, with candy attached, to Council
and Adm inistration. Jam es Riehl wanted to know why all of the Stark Parks have been cleared of snow; however the streets
and alleys have not been taken care of.
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
48. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 1/1/19 THRU 1/31/19. - RECEIVED &
FILED
49. LIQUOR CONTROL DIV (OHIO): REQ TRF D1 D3 D3A PERMIT FR MICHAEL NASVADI DBA
BUZZBIN TO HEART SHAPED BOX LLC DBA BUZZBIN @ 331-337-
339 CLEVELAND AVE NW (W ARD 2). - RECEIVED & FILED
50. MAYOR BERNABEI: LTR ADVISING OF APPT OF LISA GISSENDANER TO MAYOR’S
COMMUNITY RELATIONS COMMISSION, COMMENCING
IMMEDIATELY THRU 12/31/19. - RECEIVED & FILED
51. MAYOR BERNABEI: REQ AUTHORIZATION FOR MAYOR AND/OR DEPUTY MAYOR TO
CONTINUE CONTRACTUAL AGMT W ITH CANTON COMMUNITY
IMPROVEMENT CORP (CCIC); AGMT W ILL PROVIDE GRANT
UTILIZATION GENERAL FUND DOLLARS IN AMT OF $50,000.00
FOR GRANTS, LOANS & ADMIN COSTS. - FINANCE AND
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES
52. MAYOR BERNABEI: BOARD OF CONTROL MEETING MINUTES. - RECEIVED & FILED
53. PROPERTY OW NER: REQ AUTHORIZATION FOR ZONE CHANGE @ 2707
MICHAEL C. RANDAZZO TUSCARAW AS ST. (PARCELS 245723, 224730, 215034, 233875 &
229559), W ARD 3. - PLANNING COMMISSION
54. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO A PROF
SERVS CONTRACT W ITH ACLARA TECHNOLOGIES, INC FOR
UPGRADE TO CITY W ATER DEPT’S AUTOMATED METER
READING SYSTEM IN AMT OF $173,290.00; AUTHORIZE
AUDITOR TO DRAW W ARRANTS UPON RECEIPT OF
VOUCHERS; EMERGENCY. - FINANCE COMMITTEE
55. SERVICE DIRECTOR HIGHMAN: REQ RATIFICATION OF ACTIONS TAKEN PRIOR TO PASSAGE
OF THIS ORD PURSUANT TO SEC 105.04 OF COD ORD;
AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO
CONTRACTS TO RESPOND TO EMERG; AUTHORIZE AND
DIRECT AUDITOR TO PAY MORAL OBS RESULTING FR
RESPONDING TO EMERGENCY; EMERGENCY (1207 - 6 TH ST SW
DEMO). - FINANCE COMMITTEE
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND ENTER INTO
ONE-YEAR CONTRACT, W ITH OPTION OF THREE (3) ONE-YEAR RENEW ALS AT DISCRETION OF
CITY, FOR EVALUATION OF W ATER DISTRIBUTION VALVES; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 2. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CHANGE ORDERS 4 THRU 10 FOR MAHONING
RD CORRIDOR PHASE 2, G.P.1103, PID 90365;AMEND APPROP O#276/2018; EMERGENCY
($278,935.41 SUPP APPROP FR UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PRJ GP 1103
FUND TO 4566 202079 MAHONING ROAD CORRIDOR PROJECT - OTHER; $236,121.91 SUPP APPROP
FR UNAPPROP BAL OF 5410 SEW ER OPERATING FUND TO 5410 202079 MAHONING ROAD
CORRIDOR PROJECT - OTHER; $9,253.02 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER
W ORKS OPERATING (020) TO 5201 202079 MAHONING ROAD CORRIDOR PROJECT - OTHER)
Referred to Public Property Capital Im rpovem ent and Finance Com m ittees
CANTON CITY COUNCIL AGENDA - PAGE 2 - FEBRUARY 11, 2019
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
(COUNCIL RECESSED AT 7:11 PM FOR THE PERSONNEL & FINANCE COMMITTEES TO DISCUSS O#3; RECONVENED
AT 7:15 PM)
19/2019 3. APPROVE AMENDMENTS OF COLLECTIVE BARGAINING AGMT BETW EEN CITY OF CANTON AND
CANTON POLICE PATROLMAN’S ASSOCIATION; EMERGENCY (W AGES & HEALTHCARE
PROVISIONS 1/1/19 THRU 12/31/19)
Referred to Personnel & Finance Com m ittees
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#4 - O#10)
2 ND RDG 4. AMEND CHAPTER 1131, DEFINITIONS, OF TITLE SEVEN, INTERPRETATION OF REGULATIONS AND
CHAPTER 1187, SIGNS OF TITLE TW ENTY-ONE, SITE DESIGN REQUIREMENTS OF PART ELEVEN,
PLANNING & ZONING CODE OF CODIFIED ORD OF CITY OF CANTON PUB HRG 2/25/19 @ 7:00 PM
(JUD)
2 ND RDG 5. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $1,343.50 TO ORIANA HOUSE;
EMERGENCY (MUNI CT, GPS & ELECTRONIC MONITORING OF DEFENDANTS) (FIN)
2 ND RDG 6. AMEND EXHIBIT A TO O#40/2000, AS AMENDED, CLASSIFICATION PLAN FOR BARGAINING UNIT
PERSONNEL EMPLOYED BY CITY OF CANTON; EMERGENCY (DEPT 20W T, PUBLIC W ORKS W ATER
CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY & TREATMENT DIV, TECH V CLASS, POSITION
#469) (PERS)
2 ND RDG 7. AMEND APPROP O#276/2018; EMERGENCY ($160,000.00 APPROP TRF FR 1001 204010 OTHER
BUILDINGS - PERSONNEL TO 1001 204010 OTHER BUILDINGS - OTHER) (FIN)
2 ND RDG 8. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROFESSIONAL SERVICES CONTRACT W ITH
ARCADIS IN AMT NOT TO EXCEED $343,300.00; AMEND APPROP O#276/2018; EMERGENCY
($377,600.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207057
PERRY/TUSCARAW AS/W OODLAW N AREA W ATER MAIN REPLACEMENT PROJ PHASE I - OTHER)
(FIN & E&PU)
2 ND RDG 9. AUTHORIZING MAYOR OR SERV DIR TO ENTER INTO PROFESSIONAL SERVICES CONTRACT W ITH
ARCADIS IN AMT NOT TO EXCEED $128,700.00; AMEND APPROP O#276/2018; EMERGENCY
($141,600.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207058
PERRY/TUSCARAW AS/W OODLAW N AREA W ATER MAIN REPLACEMENT PROJ PHASE II - OTHER)
(FIN & E&PU)
2 ND RDG 10. AUTHORIZE W ATERLINE CONSTRUCTION ALONG US 62 FRONTAGE ROAD; EMERGENCY)
(E&PU & FIN)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
20/2019 11. APPROVE AND ACCEPT REPLAT OF LOTS 3083, 3084 AND PART OF LOTS 6226, 6227, 6228 AND
6229 VACATING A 12' UNNAMED ALLEY; EMERGENCY (NW CORNER 9 TH ST AND THE O’JAYS PKW Y
NE, W ARD 2) PUB HRG W AIVED
21/2019 12. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE FOR REQ FOR PROPOSALS FR INTERESTED
VENDORS FOR IMPLEMENTATION OF ENERGY CONSERVATION MEASURES FOR SPECIFIED CITY
BLDGS PURSUANT TO O.R.C. 717.02; EMERGENCY (“SMART CITIES”)
22/2019 13. AUTHORIZE MAYOR OR SERV DIR TO: ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE
CONSTRUCTION CONTRACT FOR 33 RD ST NW AREA W ATER MAIN REPLACEMENT PROJ; EXECUTE
PROF SERVS CONTRACT FOR CONSTRUCTION OVERSIGHT SERVS; RECEIVE GRANT FUNDS IN
AMT OF $900,000.00 AND ZERO PERCENT INT LOAN IN AMT OF $600,000.00 FR OHIO PUBLIC
W ORKS COMMISSION; AUTHORIZE AUDITOR TO CREATE 5239 33 RD ST NW AREA W ATER MAIN
REPLACEMENT PROJ FUND; AMEND APPROP O#276/2018; EMERGENCY ($1,500,000.00 SUPP
APPROP FR UNAPPROP BAL OF 5239 33 RD STREET NW AREA W ATER MAIN REPLACEMENT PROJ
FUND TO 5239 207052 33 RD STREET NW AREA W ATER MAIN REPLACEMENT PROJ - OTHER;
$565,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 W ATER FUND TO 5201 207052 33 RD STREET
NW AREA W ATER MAIN REPLACEMENT - OTHER)
23/2019 14. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE A
CONSTRUCTION CONTRACT FOR BLDG OF AGGREGATE SHELTER AND RELATED UPGRADES;
AMEND APPROP O#276/2018; EMERGENCY ($220,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201
W ATER FUND TO 5201 207022 W ATER DISTRIBUTION - OTHER)
24/2019 15. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AW ARD AND EXECUTE A
CONSTRUCTION CONTRACT; EXECUTE A PROF SERVS CONTRACT FOR CONSTRUCTION
OVERSIGHT SERVS FOR RIDGEW OOD EAST W ATER MAIN REPLACEMENT PROJ PHASE II; AMEND
APPROP O#276/2018; EMERGENCY ($1,064,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201
W ATER FUND TO 5201 207047 RIDGEW OOD PHASE II W ATER MAIN REPLACEMENT PROJ - OTHER)
CANTON CITY COUNCIL AGENDA - PAGE 3 - FEBRUARY 11, 2019
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, February 25, 2019 in Council Caucus Room at 6:15 PM
1) Finance Com m ittee
2) Public Property Capital Im provem ent Com m ittee
SEW ER RATE PRESENTATION - ADM INISTRATION
M ISCELLANEOUS BUSINESS: Deputy Mayor W illiam s announced that the Adm inistration is requesting a m eeting at either
6:00 or 6:15 p.m . on the 25 th to discuss sewer rates. Majority Leader Sm ith said that 6:15 would be fine.
QUOTE OF THE W EEK: “Better to remain silent and be thought a fool than to speak out and remove all doubt.” - Abraham
Lincoln
ADJOURNM ENT: 7:25 PM
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, FEBRUARY 25, 2019 @ 7:00 PM
Get email alerts for Canton
A daily email when new agendas and minutes are posted.