City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -137- MINUTES OF THE MEETING APRIL 1, 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, BILL SMUCKLER, GREG HAWK, JASON SCAGLIONE, KEVIN HALL, JOHN MARIOL & PETER FERGUSON) NINE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Nine present, three absent, Mr. President. EXCUSING MEMBERS PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we excuse Members Chester, Fisher and Morris from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to... to excuse Members Chester, Fisher and Morris from this evening’s meeting. Are there any remarks? MEMBER SMITH: Yes, Mist... PRESIDENT SHERER: Hearing none, roll call vote... MEMBER SMITH: That’s okay, go ahead. PRESIDENT SHERER: Leader Smith. MEMBER SMITH: I just wanted to let the Council Members know, Member Chester is being excused because we’ve been going back and forth to the schools today, and he has a meeting with a lot of the students that... um, trying to adapt to what happened over the weekend. I’d also like to ask for a moment of silence before we go into the invocation for the McGee and the Milini families, please. PRESIDENT SHERER: Duly noted. Are there any remarks? Other 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 Members Chester, Fisher and Morris are excused from this evening’s meeting. Tonight’s invocation will be given by Ward 1 Council Member, Greg Hawk. If you COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -138- MINUTES OF THE MEETING APRIL 1, 2019 would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 1, 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. A moment of silence was observed prior to the invocation given by Ward 1 Council Member, Greg Hawk. 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 5 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 to Ordinances 5 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 5 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 tonight. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have no speakers for tonight. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have one for this evening. Mr. Clerk, please begin... please read Informal Resolution #9 by title. #9. COUNCIL-AS-A-WHOLE: COMMENDING DET. JOSEPH MONGOLD, 2019 CANTON POLICE OFFICER OF THE YEAR. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #9. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -139- MINUTES OF THE MEETING APRIL 1, 2019 PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #9. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #9 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, Motion carries, and Resolution #9 is adopted. Leader Smith. MEMBER SMITH: Mr. President, may we have that Resolution read in its entirety, please. PRESIDENT SHERER: Mr. Clerk, please read Resolution #9 in its entear... entirety. CLERK DOUGHERTY: An Informal Resolution respectfully submitted by Council-as-a-Whole on this 1st day of April, 2019. Whereas, Detective Joseph Mongold began his career with the Canton Police Department in May of 1996. Since that time, he has worked diligently with the Patrol Division, SWAT Team, Bike Patrol, Vice Unit, Gang Task Force and the I.D. Bureau; and Whereas, Since joining the Detective Bureau in 2014, Detective Mongold has successfully served as the Department’s Juvenile Sex Crimes Investigator. To date, he has investigated over 669 cases, the majority of which included homicide, rape, sexual assault or felonious assault against juvenile victims; and Whereas, In addition to serving the Canton Police Force, Detective Mongold assisted the FBI and DEA Task Forces in solving several major cases involving drugs and street gang violence. He also instructs other law enforcement agencies on how to recognize and prosecute cases such as human trafficking and physical and sexual abuse of juveniles; and Whereas, Through his exemplary career, Detective Mongold has proven to be a positive role model and mentor to his fellow Canton Police Officers. He is currently a member of the Hostage Negotiation Team, Child Fatality Review Board and Children’s Network of Stark County; and Whereas, Detective Mongold and his lovely wife, Jennifer, are the proud parents of three children, daughter Taylor and sons Caleb and Joshua. Now, Therefore Be It Resolved, That we, the Members of Canton City Council, do hereby go on public record commending and honoring the 2019 Canton Police Officer of the Year, Detective Joseph Mongold, for his integrity and superb leadership in serving the citizens of Canton, Ohio. Congratulations. (Applause) DETECTIVE MONGOLD: I like huggers. MEMBER SMITH: Oh, he said he likes huggers. You got a hug. Okay, you want another one? DETECTIVE MONGOLD: I’ll take another hug. MEMBER SMITH: Okay. Yes. (Laughter) DETECTIVE MONGOLD: Oh, she’s giving me a mic. (Laughter) Please sit down, please. Um, I’m very grateful. I’m very humbled. Um, as I’ve stated in the past, any good that I have done is by the grace of God and it’s been with the assistance and the team work of every officer that I work with. Uh, all of which are just as deserving of this. But I... I am truly honored that you’ve... you have chosen me this year. Um, I was given the opportunity to serve the citizens of Canton over two decades ago. And it is just that, it’s a service. Just like each and every one of you sitting here today, it is our job to serve the citizens of the City. To do everything we can to strive to make this a better place to live. I have lived here, worked here, played here, COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -140- MINUTES OF THE MEETING APRIL 1, 2019 prayed here, cried here and raised my children here. It’s home. It’s the only home my kids will ever know. And we have to do everything we can to make it a safe place for all of the children. I had no clue I was gonna say anything tonight, and it’s good because I would have forgot anyhow. Just ask my wife. (Laughter) My wife, Jennifer, she keeps me in line to... even tonight as I was walking out, she said you have a different suit jacket on than suit pants. (Laughter) Um, so she keeps me... me in line and helps me take care of those small things. Earlier we had a moment of silence for the tragic loss that happened in our community, and I’m thankful that you had that moment of silence. But I challenge myself and each and every one of us here to have a lifetime of action, to make this a better place for the citizens we serve. Thank you very much for this honor. MEMBER SMITH: Thank you. (Applause) MEMBER SMUCKLER: Mister... Mr. President. Mr. President. PRESIDENT SHERER: Member Smuckler. MEMBER SMUCKLER: Don’t let him leave. Come on back up here a minute. DETECTIVE MONGOLD: I was so close. MEMBER SMUCKLER: You were. (Laughter) As most of you know, my wife works in the Clerk of Courts Office and she used to work with Jennifer. And she would come home with stories of the abuse of juveniles that you had to watch, you had to see, you had to look at. If anybody thinks this job as a policeman is easy, when you saw what this man’s seen, it’s a lot more difficult. And of you that have kids, go home and hug them tonight because of what this man’s had to see and put up with over the years. It’s just God awful, the stories that I’ve heard and what is out there in this uncaring, unforgiving world. And you did and are doing a wonderful job. Thank you. DETECTIVE MONGOLD: Thank you, sir. (Applause) PRESIDENT SHERER: Thank you, Member Smuckler. 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 IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED APRIL 1, 2019. 108. DEPUTY MAYOR WILLIAMS: AMEND APPROP O#50/2019 ($290,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $290,000.00 INTER-FUND TRF FR 1001 GENERAL FUND TO 2211 COMMUNITY DEVELOPMENT FUND). - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -141- MINUTES OF THE MEETING APRIL 1, 2019 109. MAYOR BERNABEI: REQ AUTHORIZATION OF APPT OF DR. JAMES D. JOHNS TO BOARD OF HEALTH, COMMENCING 4/1/19 TO 3/31/24. - PERSONNEL COMMITTEE 110. SAFETY DIRECTOR PERRY, SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO CONTRACT WITH STARK CO AND/OR STARK CO LAND REUTILIZATION CORP FOR ADMINISTRATION OF PROG; AUTHORIZE MAYOR AND/OR SERV DIR TO ACQUIRE AND/OR ACCEPT BLIGHTED PROP FOR DEMO THRU SCLRC’S 50/50 SPLIT PROG; AUTHORIZE MAYOR OR SAF DIR TO ACCEPT ANY AND ALL OUTSIDE FUNDS FOR PROG; AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR DEMO OF PROP IN AMT NOT TO EXCEED $50,000.00 TOTAL PER PROP WITHOUT UTILIZING INFORMAL RESOLUTION PROCESS REQUIRED BY COD ORD 105.09; AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD OR ENTER INTO CONTRACT FOR DEMO OF PROP IF TOTAL ACQUISITION/DEMOLITION EXPENSES ARE ESTIMATED IN EXCESS OF $50,000.00 FOR PARTICULAR PROP; AMEND O#50/2019 ($800,000.00 FR UNAPPROP BAL OF 5701 BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMINISTRATION (OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE & COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES 111. SAFETY DIRECTOR PERRY: AMEND APPROP O#50/2019 ($40,000.00 FR UNAPPROP BAL OF1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATION - OTHER) (FEES ASSOCIATED WITH HOUSING PRISONERS CHARGED UNDER CITY ORDINANCES @ STARK CO JAIL). - FINANCE COMMITTEE 112. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH ARCADIS FOR DESIGN OF EDGEFIELD AVENUE AREA WATER MAIN REPLACEMENT PROJECT PHASE II; AMEND APPROP O#50/2019 ($148,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207061 EDGEFIELD AVENUE AREA WATER MAIN REPLACEMENT PROJECT - PHASE II - OTHER); AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE 113. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 2/28/19. - RECEIVED & FILED 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 #4 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -142- MINUTES OF THE MEETING APRIL 1, 2019 COUNCIL’S RECENT RECOMMENDATIONS REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO BETHLEHEM TOWNSHIP; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENT FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities Committee #3. (1ST RDG) A RESOLUTION AUTHORIZING PARTICIPATION IN THE ODOT ROAD SALT CONTRACT; AND DECLARING THE SAME TO BE AN EMERGENCY (2019 WINTER ROAD SALT CONTRACT) Referred to Finance Committee #4. (1ST RDG) ADOPTED AS ORDINANCE NO. 54/2019 AN ORDINANCE APPROVING CONTRACT AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF CANTON AND AFL-CIO AFSCME LOCALS 3449 AND 2937 AND OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY 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 in regard to Ordinance #4 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:20 PM FOR THE PERSONNEL AND FINANCE COMMITTEES TO DISCUSS ORDINANCE #4; RECONVENED AT 7:24 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinance #4 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to play... place Ordinance #4 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. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -143- MINUTES OF THE MEETING APRIL 1, 2019 PRESIDENT SHERER: Ordinance #4 is a legal part of your agenda. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #4. 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 Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #4. Are there any remarks under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 8 YEAS, 0 NAYS, 1 ABSTENTION (MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Eight yeas, one abstention, Mr. President. #4 ADOPTED AS ORDINANCE NO. 54/2019 PRESIDENT SHERER: Ordinance #4 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 #5. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #5 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (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 (PARCELS 245723, 224730, 215034, 233875 & 229559 @ 2707 W TUSC, FOR MICHAEL RANDAZZO, PATRIOT CAR WASH LLC, WARD 3) PUB HRG 4/8/19 @ 7:00 PM COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -144- MINUTES OF THE MEETING APRIL 1, 2019 #6. (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 (10004524 @ 2725 MARET PL NE FOR J&S PROPERTY ACQUISITIONS LLC, WARD 6) PUB HRG 4/8/19 @ 7:00 PM #7. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($79,044.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852001 TREASURER ADMIN - OTHER; $21,078.40 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL FUND TO 4501 852001 TREASURER ADMIN - OTHER; $5,269.60 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASE FUND TO 4502 852101 INCOME TAX ADMIN - OTHER) #8. (2ND RDG) AN ORDINANCE AUTHORIZING A WAGE INCREASE FOR MANAGEMENT AND NON BARGAINING UNIT PERSONNEL AND DECLARING THE SAME TO BE AN EMERGENCY (2%) #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS EQUIPMENT AND RELATED WARRANTIES AND ACCESSORIES FOR THE FIRE DEPARTMENT; OR TO ALTERNATIVELY MAKE SAID PURCHASE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($166,000.00 SUPP APPROP FR UNAPPROP BAL OF 2811 2017 ASSIST TO FIREFIGHTERS GRANT FUND TO 2811 103001 FIRE ADMIN - OTHER) #10. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 100/2011, SECTION 151.07, AND REPEALING ORDINANCE NO. 94/2013, AS AMENDED, AMENDING THE CLASSIFICATION PLAN FOR NON-BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON (SET ANNUAL SALARY OF INCUMBENT HR DIR AND BLDG MAIN SUPT AT $70,644.00 RETRO TO 1/1/9; SET ANNUAL SALARY OF TWO (2) INCUMBENT CRIMINALISTS AT $50,533.00 RETRO TO 1/1/19) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk, please begin with Ordinance #11. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #11 THROUGH #16 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -145- MINUTES OF THE MEETING APRIL 1, 2019 #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 55/2019 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $29,416.73 TO STARK COUNTY COMMUNITY ACTION AGENCY; AND DECLARING THE SAME TO BE AN EMERGENCY (FOR WORK PERFORMED AS PART OF EMPLOYMENT READINESS & SKILLS TRAINING AND ENRICHMENT & ACADEMIC MENTORING PROGRAMS FOR YOUTH) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12. CLERK DOUGHERTY: 11. MEMBER SMITH: (Inaudible)... 11? Okay. Ordinance #11. MEMBER BABCOCK: Second. (BRIEF PAUSE) PRESIDENT SHERER: Roll call please, Mr. Clerk. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK DOUGHERTY: Nine yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 55/2019 PRESIDENT SHERER: Mr. Clerk, Ordinance #12, please. #12. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 56/2019 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 (COMPETITIVE STARTING SALARY FOR CADETS IN POLICE DEPT) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Okay. Now, 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?... Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #12 per the copy that all Council COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -146- MINUTES OF THE MEETING APRIL 1, 2019 Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #12 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. The motion carries. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #12, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 12 by amending the caption and Section 1 to add “Non-“ before the word “Bargaining”. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #12, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK DOUGHERTY: Nine yeas, Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 56/2019 PRESIDENT SHERER: Ordinance #12, as amended, is adopted. Ordinance #13, please. #13. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 57/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE SHADYSIDE AVE SW SANITARY SEWER REPLACEMENT PROJECT, GP 1221; AMENDING APPROPRIATION ORDINANCE NO. 276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($87,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206321 SHADYSIDE AVE. SW SANITARY SEWER REPLACEMENT PROJECT, G.P. 1221 - OTHER; $58,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS OPERATING (020) FUND TO 5201 206321 SHADYSIDE AVE. SW SANITARY SEWER REPLACEMENT PROJECT, G.P. 1221) PRESIDENT SHERER: Leader Smith. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -147- MINUTES OF THE MEETING APRIL 1, 2019 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... are there any remarks?... Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #13 per copy that all Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #13 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. The motion carries. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #13, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 13 by amending the caption and Section 2 to change the ordinance number from “276/2018" to “50/2019". PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #13, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK DOUGHERTY: Nine yeas, Mr. President. #13 ADOPTED AS AMENDED AS ORDINANCE NO. 57/2019 PRESIDENT SHERER: Ordinance #13, as amended, is adopted. Ordinance #14, please. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 58/2019 AN ORDINANCE AUTHORIZING AND CONSENTING TO MINOR BRIDGE WORK TO SFN760652 STA-IR-77 6.41, SFN7603304 STA-IR-77 7.57 AND SFN7603312 STA-IR-77 8.28 IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (DECK SEALING ON BRIDGES AT FAIRCREST ST, DUEBER AVE AND CLEVELAND AVE) COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -148- MINUTES OF THE MEETING APRIL 1, 2019 PRESIDENT SHERER: Leader Smith. 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. 58/2019 PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Ordinance #15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 59/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR THE PURCHASE OF TWO (2) REAR LOADING PACKER TRUCKS FOR THE SANITATION 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 PRESIDENT SHERER: Leader Smith. 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. 59/2019 PRESIDENT SHERER: Motion carries and Ordinance #15 is adopted. Ordinance #16, please. #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 60/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR THE PREPARATION OF A CAPITAL COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -149- MINUTES OF THE MEETING APRIL 1, 2019 IMPROVEMENT PLAN FOR THE CANTON WATER DEPARTMENT’S SUGAR CREEK WATER TREATMENT PLANT; AMENDING APPROPRIATION ORDINANCE NO. 276/2018; AND DECLARING THE SAME TO BE AN EMERGENCY ($99,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207060 SUGAR CREEK WATER TREATMENT PLANT IMPROVEMENTS - OTHER) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #16. Are there any remarks?... Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #16 per copy that all Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #16 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. Motion carries. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 16 by amending the caption and Section 2 to change the ordinance number from “276/2018" to “50/2019". PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #16, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK DOUGHERTY: Nine yeas, Mr. President. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 60/2019 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -150- MINUTES OF THE MEETING APRIL 1, 2019 PRESIDENT SHERER: Ordinance #16, as amended, is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcements of Committee Meetings. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Finance Committee will meet 4/8/19 at 6:15 P.M. MEMBER BABCOCK: Mr. President. Envir... PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Environmental & Publc Utilities will meet same time, same place. MEMBER MINOR SMITH: Mr. President. PRESIDENT SHERER: Member Minor Smith. MEMBER MINOR SMITH: Community & Economic Development will meet April 8th at 6:15 for committee as well as a presentation. Thank you. PRESIDENT SHERER: Thank you. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under our Miscellaneous Business. Is there any Miscell... Miscellaneous Business for tonight? ...Hearing none, Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: “Light travels faster than sound. This is why some people appear bright until you here them speak.” -Alan Dundes MEMBER SMITH: Could you please repeat that, sir? (Laughter) CLERK DOUGHERTY: “Light travels faster than sound. This is why some people appear bright until you here them speak.” MEMBER SMITH: Okay. PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -151- MINUTES OF THE MEETING APRIL 1, 2019 PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK DOUGHERTY: Nine yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. (Gavel falls). ADJOURNMENT TIME: 7:38 P.M. ATTEST: 4/3/19 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER II CLERK OF COUNCIL PRESIDENT