City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -152- MINUTES OF THE MEETING APRIL 8, 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: 12 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, COREY MINOR SMITH, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT. CLERK DOUGHERTY: Twelve present, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Ward 2 Council Member, Nathaniel Chester. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 8, 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 given by Ward 2 Council Member, Nathaniel Chester. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 5 through 7 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd ...the 2nd Reading of Ordinances 5 through 7 to this evening’s...to this evening’s agenda. Are there any remarks? ... Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 5 through 7 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have two for this evening. Mr. Clerk, would you please announce the first Public Hearing. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; LOCATED AT 2707 TUSCARAWAS STREET W; (PARCELS 245723, 224730, 215034, 233875 & 229559); FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS), WARD 3; PLANNING COMMISSION RECOMMENDS COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -153- MINUTES OF THE MEETING APRIL 8, 2019 APPROVAL. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Zone Change... please step forward. I must repeat...Is there is anyone in the audience wishing to speak again...for or against this Zone Change...please step forward. Seeing no one step forward, the Chair declares the Public Hearing over this...over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. Second Public Hearing, please Mr. Clerk. CLERK DOUGHERTY: AN ORDINANCE AMENDING O#55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; LOCATED AT 2725 MARET PL NE (PARCEL #10004524) FROM B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS), WARD 6; PLANNING COMMISSION RECOMMENDS APPROVAL. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Zone Change... please step forward. I must repeat..Is there is anyone in the audience wishing to speak for or against this Zone Change...please step forward. Seeing no one step forward, the Chair declares the Public Hearing ov...over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later 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 four speakers for tonight. Our first speaker is Pat Wesson. Pat, if you could please step forward and give us your name and your residential address, please. PAT SILAGY-WESSON: Pat Silagy-Wesson, 123 34th St. NW, Canton, uh...44709. Uh, good evening everyone. MEMBER SMITH: Good evening. PAT SILAGY-WESSON: Alright. Uh, your Canton neighbors are here tonight as part of the Neighborhood Leadership Council’s Annual Trip to City Council and to remind you the NLC is a network of citizens representing most of Canton’s forty-nine Neighborhood Associations. The NLC, formed twenty-two years ago by the Stark Community Foundation, continues to meet regularly under the direction of Marilyn Thomas Jones. We represent Cantonians from every part of the city. So, at this time, I want to ask everybody who is here, representing an Association or a neighborhood, to stand up and show your neighborhood pride. (Applause). Hi! Thanks. Every year the NLC brainstorms about strengths, opportunities, weaknesses and threats to our neighborhoods. This year, in 2019, our top concerns are crime and safety, Canton City Schools and city planning and a vision for the future. To elaborate briefly about schools: Neighborhood stability is influenced by the perceived success of surrounding school districts and vice-versa. The ability to recruit and re...retain long-term residents is impacted by a school’s reputation. All the more reason for neighborhoods and Canton City Schools to communicate with each other about our mutual needs. About planning and a vision for the future...among the many issues in this category that we discussed, um...we were concerned about the following: How the city plan will be implemented and its particular impact on neighborhoods; uh, COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -154- MINUTES OF THE MEETING APRIL 8, 2019 the need for continued attention to infrastructure, paving, repair and replacement of everything that lies beneath and that would be, of course, uh, including old storm sewers and water mains. Since 2016, the NLC has lobbied for effective code enforcement. We recognize the progress here in reducing blight, uh, and neglected housing in our neighborhoods and we appreciate that. The Neighborhood Leadership Council is here tonight to watch our elective officials in action and to show our appreciation for the hard work that we know that you do do, on our behalf. Um, we are pleased, uh, to be able to send representatives to, uh, the Mayor’s Neighborhood Commission and to have the ability to speak directly to City Hall. So, remember our rallying cry, “You don’t have to move to live in a better neighborhood.” Thank you and we hope to see you October 12th, downtown, at the Neighborhood Town Hall and Candidates Forum. Thanks. (Applause). PRESIDENT SHERER: Our next speaker is Norman. (President Sherer should have said Bruce Nordman). Bruce if you could please step forward and give us your name and your residential address, please. BRUCE NORDMAN: Good evening. My name is Bruce Nordman. I’m President of Vassar Park Neighborhood Association. My uh, residence is at 1623 Logan Ave. NW. Mary...Mayor Bernabei, City Council Members, City Officials, Marilyn Thomas Jones, Stark Community Foundation Members and Neighborhood Leadership Councils and fellow citizens...two months ago, nine Presidents of our North Central Neighborhood Associations were asked to meet monthly with Mayor Bernabei, Council President Bill Sherer, Council Members Frank Morris, John Marithol (Mariol), City Planning Director\ Dan (Don) Angus, City Engineer Dan Moeglin, Officials from Malone University and other interested parties to discuss recommendations and how to implement between...spending between $2,000,000.00 to $3,000,000.00 as part of Canton’s Comp...Canton’s Comprehensive Plan to improve North Central Canton as well as the rest of Canton. To date, we’ve had two meetings with attendance planned at a third meeting on May the 8th, to review an artist rendering of artistic and aesthetic improvements along Cleveland Avenue, to include, exterior grants to reface storefronts and many other. None of this would have been possible without Marilyn Thomas Jones’ leadership training of Neighborhood Association officers and her strong support with annual grants up to $130,000.00 to Neighborhood Associations to improve their neighborhoods. A committee, uh, representing Neighborhood Associations under Marilyn’s leadership, meets regularly with Mayor Bernabei, to discuss neighborhood improvements. And this was mentioned in the prior address. Also, she has tirelessly worked with the city to improve Canton’s neighborhood’s quality of life. I could go on but I only have three minutes to continue to mention all of the wonderful things that Marilyn has done in working with the Associations, the Neighborhoods and the cities. Please join me, with a round of applause, for Marilyn and the Canton city leaders. (Applause). Thank you very much and that completes my report. This is record for me. (Laughs). PRESIDENT SHERER: Thank you very much, Bruce. Our next speaker is Pastor Walter Moss. WALTER MOSS: Alright. Pastor Walt Moss, 1606 Harvard Avenue NW, Canton, Ohio. Uh, I’m a founding board member of Vassar Park Neighborhood Association, alright. I’m the Community Initiative to Reduce Violence Project Director. I’m thankful for that prayer, Councilman Chester. As you all know, we all lost a beautiful young lady, Sylvia McGhee. Her uh...Home Going Service was today. Um, but I stand before you, maybe a year, year and a half, two years ago I stood before you to introduce that uh, that we needed to...that Stark County/Canton, we needed to have a Crime Stoppers...2017, I got into a project with the Canton PD on seven homicides...unsolved homicides and none of those seven have been solved yet. Uh, Alton Burton, uh...6/25/2017; Darren Cundiff, 6/15/2017; (Inaudible) Jones, 8/26/17. In all of these cases, I have a relationship with the family members and I must say that it is still, uh...tough for them. And so, uh, I COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -155- MINUTES OF THE MEETING APRIL 8, 2019 am happy to announce tonight and you should have a copy. Most of you...in front of you and those in the audience and the neighborhoods, that we are...we have a Crime Stoppers Board. Um...Mr. Hawk is the Presi...Councilman Hawk is our President and uh, so we’re going to have an official kick-off uh, continental breakfast on April 23rd, 8:00 a.m. at the Historical Onesto Hotel. I’m just asking you for your support, uh, because there’s a lot of people, families, still hurting, uh...because of uh...unsolved homicides. I thank God for Councilwoman Chris Smith. She spoke at the rally...rally Friday. She also spoke about her pain. She lost a son to violence. She’s also one of our CIRV call-in speakers. Uh, and we’re having a call-in on May the 10th, but um, you know, we...we have to offer help to uh, families who have loved ones in the city of Canton and Stark County, who are still looking for justice, uh, for their loved ones. I get calls, a lot, from other families and I told them, I said, “We’re starting this...uh...project, uh...we’re starting it soon”. And so I am happy to say this Crime Stoppers, uh, will be up and running. We’re working out all the mechanics, and all the things that makes it run, but we do need everyone’s support. Councilmen, the Mayor, thank you all. The community...this is for the community and I know what it is. I lost a sister to gun violence and I know it’s something that you never...you never really get over it. It’s something always there and so I want to help bring uh, some relief to our many, many families in Stark County and in Canton who’ve lost loved ones. So thank you so much for your support. God bless. (Applause). PRESIDENT SHERER: Our last speaker tonight is Christopher Leach. Christopher, if you could please step forward and give us your name and your residential address, please. CHRISTOPHER LEACH: My name’s Christopher Leach, 1368 Scoville Ave. SW. Uh, I’m the Chairman of SWIFT. I’m also a proud member of the Mayor’s Neighborhood Commission. Uh, what I’m here tonight to discuss is time. Just like the three minutes that I have to speak, time is very precious. The older I get, the more I realize how precious time is. So, what I’d like to do tonight is...I’d like to thank those people who came and helped with our dinner we did for Thanksgiving and Christmas. Uh, with the help of our members of SWIFT and True Vine Revival Center, uh, we had Marilyn Thomas Jones who came at Thanksgiving and spent some of her precious time with us; Corey Minor Smith...she came for our Christmas...uh...uh...dinner. Just so happened to be her mother’s birthday, but she did make time to come and help the community. Last but not least, Mr. Mayor, when you came and helped serve, at our Thanksgiving dinner, um, I...I think what I...I want to say...is...is it just proves to the people who come to these things, that people do care about them. Okay. And I...I want to publicly thank all three of you for the time and effort that you put forth to make our events a success. Also, I’d like to recognize all of the people here who are with the Neighborhood Associations who spend their valuable time, just like that three minutes that keeps clicking off, they probably spend hundreds, if not thousands of hours, every year volunteering to make Canton a better place to live. Um, like you said, everybody recognizes ‘em. I salute you all. It...it...it’s the heart of...of Canton. It’s like I say, “Canton is my neighborhood”. I...I anywhere I go, that’s my neighborhood. I help people as I can, I just played Easter Bunny Saturday with Marty and Marcy at Taggart’s. I played Santa Cause, believe it or not, (Laughter). I...I somehow fit into it, okay, at our breakfast with Santa. If you would see the joy that we bring to children’s faces when you do things like that, it’s...it’s...time is irrelevant. It’s the reward that we all gain by what we do. Also, as Bruce just said, the monies that we do this with, is...is not government money. It all comes from grants from Stark Community Foundation. Once again, time...it’s...it’s on our side. Thank you very much for your time. (Applause). INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have one for this evening. Mr. Clerk, would you please read Informal Resolution #10 by title. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -156- MINUTES OF THE MEETING APRIL 8, 2019 #10. PERSONNEL COMMITTEE: CONFIRMING MAYOR’S APPOINTMENT OF DR. JAMES D. JOHNS TO BOARD OF HEALTH, COMMENCING 4/1/19 TO 3/31/24. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #10. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #10. Are there any remarks? ...Hearing none, by voice...voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #10 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, motion carries, and Informal Resolution #10 is adopted. 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 8, 2019. 114. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 3/1/19 THRU 3/29/19. - RECEIVED & FILED 115. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/19 THRU 3/29/19. - RECEIVED & FILED 116. AUDITOR MALLONN: AUTHORIZE AUDITOR TO ENTER INTO RENEWAL OF MAINTENANCE AND SUPPORT AGMT WITH TYLER TECHNOLOGIES EFFECTIVE 4/1/19 FOR (1) YR TERM WITH AUTOMATIC RENEWAL FOR (1) ADDITIONAL YR UNLESS TERMINATED BY EITHER PARTY AT LEAST 90 DAYS PRIOR TO END OF CURRENT TERM AT COST OF $80,000.00 WITH ANNUAL INCREASE OF NO MORE THAN 4% PER YR FOR YRS (6) THRU (10); AUTHORIZE AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS FOR SAID AGMT RESULTING PRIOR TO PASSAGE OF ORD; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN TO ENSURE MORAL OBS ARE PD IN TIMELY MANNER (NEW WORLD FINANCIAL SYS). - FINANCE COMMITTEE 117. COURT ADMIN KOCHERA: 2018 CANTON MUNICIPAL CT ANNUAL REPORT. - RECEIVED & FILED 118. DOMINION ENERGY: NOTICE OF FILING TO ESTABLISH NEW RATE SCHEDULE AND ESTIMATED RATES WITH PUCO. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -157- MINUTES OF THE MEETING APRIL 8, 2019 119. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 PERMIT FOR ALDI, INC. OHIO DBA ALDI 65 AT 2725 MARET ST NE (WARD 6). - RECEIVED & FILED 120. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT AMENDMENT #2 WITH STEP CG, LLC IN APPROX AMT OF $11,644.81 FOR CITY PHONE UPGRADE; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN RELATED TO SAID CONTRACT AMENDMENT PRIOR TO FINALIZATION; REQ $11,644.81 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206005 OPERATION AND MAINTENANCE - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 121. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR BUILDING OF NEW PARKING LOT, ACCESS RD, GRADING, STORM SEWER AND WETLAND MITIGATION AT CANTON WATER DEPT’S DISTRIBUTION FACILITY; REQ $761,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207059 WATER SHOP IMPROVEMENTS - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 122. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ONE OR MORE PROFESSIONAL SERVICES CONTRACTS AND/OR AMENDMENTS WITH BLACK, MCCUSKEY, SOUERS & ARBAUGH LLP FOR LEGAL MATTERS RELATED TO 38TH ST NW WATER MAIN REPLACEMENT AND ROADWAY RECONSTRUCTION PROJ; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN RELATED TO SAID LEGAL SERVICES PRIOR TO FINALIZATION OF CONTRACT; REQ $25,000.00 INTRA-FUND TRF FR 4501 207037 38TH ST NW IMPROV PROJ - OTHER TO 4501 202001 ENGINEERING ADMIN - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 123. TREASURER PEREZ: RPT OF 3/31/19 BANK REC AND OUTSTANDING INVESTMENTS AS OF 3/31/19. - 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) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO ONE OR MORE CONTRACTS WITH THE BOARD OF STARK COUNTY COMMISSIONERS AND/OR THE STARK COUNTY LAND REUTILIZATION CORP. FOR THE ADMINISTRATION OF THE 50/50 SPLIT PROGRAM; TO ACQUIRE OR COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -158- MINUTES OF THE MEETING APRIL 8, 2019 ACCEPT BLIGHTED PROPERTIES FOR DEMOLITION OF BLIGHTED PROPERTIES; ACCEPT ANY OUTSIDE FUNDS; ENTER INTO ANY CONTRACTS NECESSARY FOR THE DEMOLITION OF SAID PROPERTIES IN AN AMOUNT NOT TO EXCEED $50,000.00 TOTAL PER PROPERTY WITHOUT THE UTILIZING THE INFORMAL RESOLUTION PROCESS REQUIRED BY SECTION 105.09 OF THE CANTON CODIFIED ORDINANCES; AND ADVERTISE, RECEIVE BIDS, AWARD OR ENTER INTO CONTRACT FOR THE DEMOLITION EXPENSES ARE ESTIMATED TO BE IN EXCESS OF $50,000.00 FOR A PARTICULAR PROPERTY; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Community & Economic Development Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH THE BOARD OF STARK COUNTY COMMISSIONERS FOR PURPOSES OF HOUSING PRISONERS; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATION - OTHER) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS FOR DESIGN OF THE EDGEFIELD AVENUE AREA WATER MAIN REPLACEMENT PROJECT PHASE II; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($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) Referred to Finance Committee #4. (1ST RDG) ADOPTED AS ORDINANCE NO. 61/2019 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($290,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $290,000.00 INTERFUND ADV FR 1001 GENERAL FUND TO 2211 COMMUNITY DEVELOPMENT FUND) Referred to Finance Committee PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Finance Committee to meet in regard to Ordinance #4 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:22 PM FOR THE FINANCE COMMITTEE TO DISCUSS O#4; COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -159- MINUTES OF THE MEETING APRIL 8, 2019 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 place Ordinance #4 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #4 ADOPTED AS ORDINANCE NO. 61/2019 PRESIDENT SHERER: Ordinance #4 is adopted. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -160- MINUTES OF THE MEETING APRIL 8, 2019 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 #7 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#7 ADOPTED): #5. (2ND RDG) A RESOLUTION ACCEPTING THE TAX INCENTIVE REVIEW COUNCIL’S RECENT RECOMMENDATIONS REGARDING ENTERPRISE ZONE AND COMMUNITY REINVESTMENT AREA TAX ABATEMENT AGREEMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY #6. (2ND 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 #7. (2ND RDG) ADOPTED AS ORDINANCE NO. 62/20198 A RESOLUTION AUTHORIZING PARTICIPATION IN THE ODOT ROAD SALT CONTRACT; AND DECLARING THE SAME TO BE AN EMERGENCY (2019 WINTER ROAD SALT CONTRACT) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #7. Are there any remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #7. Are there any remarks under this Ordinance?...Hearing none, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -161- MINUTES OF THE MEETING APRIL 8, 2019 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 62/2019 PRESIDENT SHERER: Ordinance #7 is adopted. 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. Hearing...sorry about that, just lost my place for a second. We are now under Ordinances and Formal 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 #13 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #8. (3RD RDG) ADOPTED AS ORDINANCE NO. 63/2019 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 PRESIDENT SHERER: Leader. 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? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 63/2019 PRESIDENT SHERER: Motion carries and Ordinance #8 is adopted. Ordinance #9, please. #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 64/2019 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 PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -162- MINUTES OF THE MEETING APRIL 8, 2019 MEMBER SMITH: Okay. Now, 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 64/2019 PRESIDENT SHERER: (Inaudible) and Ordinance #9 is adopted. Ordinance #10 please. #10. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 65/2019 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) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #10. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #10. Are there any remarks? ... Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #10 per the copy that all Council Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #10 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. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -163- MINUTES OF THE MEETING APRIL 8, 2019 MEMBER SMITH: Mr. President, I move we adopt Ordinance #10, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 10 by the substitution of the attached amended ordinance for the original pending ordinance. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #10, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #10 ADOPTED AS AMENDED AS ORDINANCE NO. 65/2019 PRESIDENT SHERER: Ordinance #10, as amended, is adopted. Ordinance #11, please. #11. (3RD RDG) ADOPTED AS ORDINANCE NO. 66/2019 AN ORDINANCE AUTHORIZING A WAGE INCREASE FOR MANAGEMENT AND NON BARGAINING UNIT PERSONNEL AND DECLARING THE SAME TO BE AN EMERGENCY (2%) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 66/2019 PRESIDENT SHERER: Motion carries and Ordinance #11 is adopted. Ordinance #12, please. #12. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 67/2019 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 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -164- MINUTES OF THE MEETING APRIL 8, 2019 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) PRESIDENT SHERER: Leader Smith. 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?... Leader Smith. MEMBER SMITH: Mr. President, I move we adopt...we...um....Mr. President, I move we amend Ordinance #12 per the copy that all Council Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend...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 3 to change the ordinance number from “276/2018" to “50/2019". 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #12 ADOPTED AS AMENDED AS ORDINANCE NO. 67/2019 PRESIDENT SHERER: Ordinance #12, as amended, is adopted. Ordinance #13, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -165- MINUTES OF THE MEETING APRIL 8, 2019 #13. (3RD RDG) ADOPTED AS ORDINANCE NO. 68/2019 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) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 68/2019 PRESIDENT SHERER: Motions carries and Ordinance #13 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 April 15 at 6:30 p.m. PRESIDENT SHERER: Member Minor Smith. MEMBER MINOR SMITH: (Inaudible). Um...instead of calling a Committee meeting, I do have an announcement. Um...tonight will be my last night as a City Council Member. Um, it is with my utmost, uh...honor and (Inaudible) to have served in City Council, but with my full-time position, it has significantly reduced and restricted my duties, uh, with my agency. Um, I would just ask, at this time, for...uh...time for me to process this very significant decision that I had to make and I appreciate everyone’s efforts in helping me get to this position. Um...I especially thank Mr. Fisher and Mr. Smuckler for all that they did to help me when others weren’t necessarily trying to help me, and (Inaudible), Majority Leader Chris Smith for all that you’ve done to support me (Inaudible). Um...Andrea Perry, Fonda Williams, thank you so much for all you’ve done throughout my career, and, um...all proper steps will be taken to make this official and I thank everyone for their time. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -166- MINUTES OF THE MEETING APRIL 8, 2019 MEMBER SMITH: Mr. President. I’ll call that CD meeting for Monday. What was the time we’re starting? CLERK DOUGHERTY: 6:30. PRESIDENT SHERER: 6:30. MEMBER SMITH: CD will meet at 6:30, same time, same place. PRESIDENT SHERER: And Corey, I would like to personally thank you for your service. MEMBER MINOR SMITH: Thank you. (Applause). MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business tonight? MEMBER HAWK: Mr. President. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: Thank you. I’d like to thank Pastor Woss...Moss for coming in this evening and announcing our kick-off for the uh...Cri...Stark County Crime Stoppers. Uh, this is a county-wide project. It’s patterned and modeled after other successful Crime Stoppers in other counties...Cuyahoga County, Hamilton County, Franklin County. All of them are very successful at this. Our April 23rd Fundraiser is to raise dollars to do two things and two things only. One is to put in play the TIP line, the second is to be able to pay for the tips that come in. This is all done in (Inaudible), it’s anonymous. There’ll be no other dollars spent other than on those two subjects, on those two issues. It works people. You won’t believe how few dollars it takes to encourage someone to turn in another criminal. I’d like to take this time to thank...there’s other Board Members that...our Law Director, I...I see...who’s been very helpful in setting all this up. It’s taken us a good bit of time and our County Prosecutor, John Ferraro and our Chief of Police, and of course, our Sheriff, uh, George Maier. All of them very important and very imperative in making this process work. It will work folks and it will save lives and it will get criminals off the street. So, on Tuesday, April 23rd...it’s a $20.00 admission...$20.00 for the continental breakfast. All dollars will be used to do those two items as we’ve outlined already. I thank you for your time. (Applause). MEMBER SMITH: Mr. President. PRESIDENT SHERER: Yes. MEMBER SMITH: Uh, I’d just like to thank the community for coming out for the vigil for uh...Sylvia McGhee. I’d also like to thank the Mayor because he really showed how the city really cares. Our elected officials and to our Safety Director, Director Perry that jumped right in within twenty-four hours and made it happen. And I...um...would especially like to thank all the community that came out because you really showed your love and support for this family and that’s the way we should continue COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -167- MINUTES OF THE MEETING APRIL 8, 2019 to do, to show love and support to each and every one of our citizens of Canton. Thank you so very much. PRESIDENT SHERER: Thank you Leader Smith. MEMBER HALL: Mr. President.....one more. PRESIDENT SHERER: Member Hall. MEMBER HALL: I’d like to uh...Shawn Houghton, a member of the Harrisburg/Royal Neighborhood Association, I’d like to wish him a happy birthday today, also. (Laughter). (Applause). PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? Hearing none ...Clerk Dougherty, our quote for the week. CLERK DOUGHERTY: My quote is for the benefit of those Members not here last week due to family situations and a community tragedy. This individual spoke at last week’s meeting. “I’m very humbled. I was given the opportunity to serve the citizens of Canton, 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. But I challenge myself, and each and every one of us here, to have a lifetime of action, to make it...this a better place for the citizens we serve.” This was just a few comments made by...uh...last week by Detective Joseph Mongold, recipient of the Canton Police Officer of the Year Award. PRESIDENT SHERER: 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: I want to thank everybody for coming tonight and this meeting is adjourned. (Gavel falls). ADJOURNMENT TIME: 7:40 PM ATTEST: APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER II CLERK OF COUNCIL PRESIDENT