City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -352- MINUTES OF THE MEETING AUGUST 26, 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, CHRISTINE SCHULMAN, BILL SMUCKLER, GREG HAWK, BRENDA KIMBROUGH, 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, Brenda Kimbrough. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on August 26, 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 Brenda Kimbrough, Ward 2 Council Member. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: Thank you, Member Kimbrough. We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 9 through 13 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings with Ordinances 9 through 13 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 9 through 13 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 we have no Old Business for this evening. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -353- MINUTES OF THE MEETING AUGUST 26, 2019 PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have 1 speaker tonight. Our first speaker and only speaker is Linda Campbell. Linda, could you please step forward and give us your name and residential address, please. LINDA CAMPBELL: Good evening, my name is Linda Campbell. Like the soup, just don’t have the money. I’m here because I have concerns about the grass cutting over in...where I...over in where I stay at which is 1016 Struble Ave. NE, Canton, Ohio. Okay, most of the time, my son will come through because he...he does his own little business and he’ll cut the grass. And he don’t just stop at my lot, he’ll go over and cut most of the lots over in that area. But I happened to notice a few days after he had cut the grass, a lady on a little thing...and I...I don’t know if she was contracted from the city of wherever, she did tell me some of her information, but uh...with a young mind, I forgot. So she...she was taking pictures like she had did the work. So I did, I went out and I talked with her and stuff. She did, like I said, give me information on her. But I did call here, at City Council, and I spoke with someone and uh, they gave me the name of a person that was going to come out and speak with me concerning this matter and I would be able to show him what she did and what she didn’t see, which I never saw this person. So, this is my concern, you know when someone...when you’re cutting grass over in your area, even if it’s not your area, do these people still get paid for something that they’re not doing? They’re taking pictures like they’re doing the work, and they’re not doing the work. That was one of my concerns. And then the next concern was the alley that has a block in it, that’s uh...Paul Place and uh...Sylvan Court. It’s a block like that for the railroad. It’s been there for a while, but why can’t they open that spot, put a light there at those tracks to indicate there’s a track...a train on the track...the train...people need to do their work too. And even at...on...on the corner where Struble is at, it’s a stop sign, so people will be able to get through there and stuff, so that was the two of my concerns, so...that’s it. (Applause). PRESIDENT SHERER: Thank you, Mrs. Campbell. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have one for this evening. Mr. Clerk, would you please read Resolution #20 by title. #20. COUNCIL-AS-A-WHOLE: CONGRATULATING AND WELCOMING THE BLACK COLLEGE FOOTBALL HALL OF FAME TO CANTON AND THE HALL OF FAME VILLAGE. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #20. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #20. Are there any remarks? MEMBER SMITH: Mr. President. As I stated before, um...this is a historical event that’s gonna take place here in Canton and hopefully it will be here...we know we have a contract for three years and this is COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -354- MINUTES OF THE MEETING AUGUST 26, 2019 permanent that’s gonna bring a lot of people to Canton to enhance the Pro Football Hall of Fame. So I would ask for everyone’s support, thank you. PRESIDENT SHERER: Thank you, Leader Smith. Are there any...any additional remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #20 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries, and Resolution #20 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 AUGUST 26, 2019. 265. AGENT FOR PETITIONER SLIMAN: ANNEX PETITION DOCS FILED WITH STARK CO COMMISSIONERS 8/20/19 FOR MEADOWLAKE ANNEX. - RECEIVED & FILED 266. COURT ADMIN KOCHERA: REQ $4,648.45 APPROP TRF FR PERSONNEL - JAIL DIVERSION GRANT FUND #701001-2767 TO OTHER - JAIL DIVERSION GRANT FUND #701001-2767. - FINANCE COMMITTEE 267. DEPUTY MAYOR WILLIAMS: REQ TRF OF PARCEL #285022 NO LONGER NEEDED FOR PUBLIC PURPOSES TO CANTON COMMUNITY IMPROVEMENT CORP (800 BLK OF CLEVELAND AVE SW). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 268. DEPUTY MAYOR WILLIAMS: REQ LEGISLATION TO DISSOLVE PERRY TWP/CANTON JEDD (O#206/2016). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 269. FINANCE DIRECTOR CROUSE: REQ $1,300,000.00 APPROP REDUCTION FR 2211 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO UNAPPROP BAL OF 2211 COMMUNITY DEVELOPMENT FUND (CDBG). - FINANCE COMMITTEE 270. FINANCE DIRECTOR CROUSE: REQ $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 7508 JACKSON-CANTON JEDD CLEARING FUND TO 7508 852006 DISTRICT 18-001 COMDOC JEDD- OTHER FOR $50,000.00, TO 7508 852007 DISTRICT 19-001 KECK PARK JEDD - OTHER FOR $25,000.00, & TO 7508 852008 DISTRICT TOS JEDD - OTHER FOR $25,000.00 (INCOME TAX). - FINANCE COMMITTEE 271. FINANCE DIRECTOR CROUSE: REQ $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT FUND TO 6041 208010 SERVICE AND REPAIR - OTHER AND $33,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -355- MINUTES OF THE MEETING AUGUST 26, 2019 1001 102001 POLICE ADMIN - OTHER. - FINANCE COMMITTEE 272. FINANCE DIRECTOR CROUSE: REQ $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852002 TREASURER ADMIN - OTHER (JEDD - JACKSON TWP & STOLLE MACHINERY). - FINANCE COMMITTEE 273. LIQUOR CONTROL COMM (OHIO): NOTICE OF HRG FOR R BAR & GRILL LLC, 918 CHERRY AVE NE, SET FOR 9/17/19 @ 10:00 AM IN COUNCIL CHAMBERS (WARD 2). - RECEIVED & FILED 274. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1, C2 LIQUOR PERMIT FR BAIT NABALAH INC, DBA BEST FOR LESS TO 12TH STREET MARKET LLC, DBA 12TH STREET MARKET @ 1100 12TH ST NW (WARD 1). - RECEIVED & FILED 275. LIQUOR CONTROL DIV (OHIO): REQ TRF OF D1, D2, D3, D3A LIQUOR PERMIT FR MARK MILLS, DBA MILLS LOUNGE TO JEANNIE K. AVENTINO, DBA MILLS LOUNGE @ 4001 MAHONING RD NE (WARD 6). - RECEIVED & FILED 276. LIQUOR CONTROL DIV (OHIO): REQ NEW C2 LIQUOR PERMIT FOR GIANT OHIO LLC, DBA GIANT 447 @ 2211 TUSCARAWAS W (WARD 5). - RECEIVED & FILED 277. LIQUOR CONTROL DIV (OHIO): REG TRF OF D5I, D6 LIQUOR PERMIT FR GRANITE GOLF MGMT CORP, POOL HOUSE 18 HOLE GOLF COURSE & PATIO TO QUARRY GOLF GROUP LLC, POOL HOUSE 18 HOLE GOLF COURSE & PATIO @ 5650 QUARRY LAKE DR (WARD 4). - RECEIVED & FILED 278. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1, C2 LIQUOR PERMIT FR J LALLY INC TO 905 LLC @ 3235 MAHONING RD NE (WARD 6). - RECEIVED & FILED 279. PLANNING COMMISSION: REQ REPLAT OF ALL OF OUTLOTS 1382 & 1418, PARCELS 8300069, 10007640 & 10010988 FOR NEW DAWN DEV & JEFFREY HEIN (3000 BLOCK OF GREENTREE AVE SW, WARD 4). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 280. PLANNING COMMISSION: REQ REPLAT OF PART OF LOTS 4227, 4228 & 4229, PARCEL 10011498 FOR MAZEN ALBHAISI (700 BLOCK OF 12TH ST NE, WARD 2). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 281. PLANNING COMMISSION: REQ REPLAT OF OUTLOT 1347, PARCEL 10004524 FOR J&S PROPERTY ACQUISITIONS LLC (2725 MARET ST NE, WARD 6). - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 282. SERVICE DIRECTOR HIGHMAN: REQ $443,232.82 INTERFUND TRF FR 5401 202061 I- 77/FAIRCREST ANNX SANITARY SWR - TRF OUT TO 5410 206005 OPERATION AND MAINTENANCE - TRF IN. - FINANCE COMMITTEE 283. SERVICE DIRECTOR HIGHMAN: ADOPT PROVISIONS CONTAINED IN DRAFT COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -356- MINUTES OF THE MEETING AUGUST 26, 2019 PARTICIPATORY LEGISLATION FR ODOT FOR RESURFACING OF SECS OF SR-43 (CHERRY AVE) & SR-172 (E TUSC ST); AUTHORIZE ODOT TO CONSTRUCT STA-43/VAR- 13.72, PID 98383, GP 1291 PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH ODOT FOR CONSTRUCTION AND PAYMENT OF CITY SHARE OF SAID PROJ; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN PRIOR TO COMPLETION OF SAID AGMTS AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS RELATED THERETO; REQ $280,992.00 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 202001 ENGINEERING ADMIN - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE AND PUBLIC SAFETY & THOROUGHFARES COMMITTEES 284. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR WOODLAWN AVE NW WATER MAIN EXTENSION PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR SAID PROJ; REQ $670,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207063 WOODLAWN AVE NW WATER MAIN EXTENSION PROJ - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES 285. SERVICE DIRECTOR HIGHMAN: REQ $3,841,200.00 SUPP APPROP FR UNAPPROP BAL OF 5238 CANTON SOUTH WATER MAIN EXTENSION - PHASE I PROJ FUND TO 5238 207064 CANTON SOUTH WATER MAIN EXTENSION - PHASE I PROJ FUND - OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 286. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONSTRUCTION CONTRACT FOR 2019 WRF ROOF REPAIR/REPLACEMENT PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 287. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR 44TH ST WATER MAIN REPLACEMENT/ROADWAY RECONSTRUCTION PROJ; AUTHORIZE MAYOR AND/OR SERV DIR TO EXECUTE PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR SAID PROJ; AUTHORIZE CITY TO RECEIVE GRANT FUNDS IN AMT OF $900,000.00 AND ZERO PERCENT INTEREST, TEN YR TERM LOAN IN AMT OF $600,000.00 FR OPWC FOR WATER DEPT PORTION OF PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE FUND 5240 FOR 44TH ST NW WATER MAIN REPLACEMENT/ROADWAY RECONSTRUCTION PROJ TO RECEIVE ALL LOAN AND REVENUE PROCEEDS AND TRACK PROJ EXPENDITURES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -357- MINUTES OF THE MEETING AUGUST 26, 2019 288. STARK CO COMMISSIONERS: REQ ANNEX OF 1.832 ACRES IN PLAIN TWP TO CITY OF CANTON (TAMSAL & JEL LAUNDRY - FULTON DR/BLAKE AVE NW). - PLANNING COMMISSION 289. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR JULY, 2019. - RECEIVED & FILED 290. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR JULY, 2019. - RECEIVED & FILED 291. TREASURER PEREZ: RPTS OF 7/31/19 BANK REC AND OUTSTANDING INVESTMENTS AS OF 7/31/19. - RECEIVED & FILED 292. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 7/31/19. - 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 #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($84,940.00 SUPP APPROP FR UNAPPROP BAL OF 2215 FAIR HOUSING ASSISTANCE FUND TO 2215 505010 FAIR HOUSING DEPT - PERSONNEL) Referred to Finance & Community & Economic Development Committees #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 280907 & 218463, 1000 BLOCK OF 9TH ST NE) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ANY AND ALL MORAL OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $5,000.00 FOR STARK COUNTY REGIONAL PLANNING COMMISSION EXPENSES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -358- MINUTES OF THE MEETING AUGUST 26, 2019 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($542,382.17 SUPP APPROP FR UNAPPROP BAL OF 1154 HOF VILLAGE PROJECT FUND TO 1154 201001 SERVICE DIRECTOR ADMIN - OTHER) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 2316 WIC SUPPLEMENTAL HEALTH - FY 77 FUND TO 2316 WIC SUPPLEMENTAL HEALTH - FY77 - 700 OTHER DIRECT COSTS; $175,000.00 SUPP APPROP FR UNAPPROP BAL OF 2314 FAMILY HEALTH (476) FUND TO 2314 FAMILY HEALTH (476) - 700 OTHER DIRECT COSTS; $60,000.00 SUPP APPROP FR UNAPPROP BAL OF 2331 AIR POLLUTION (134) TO 2331 AIR POLLUTION (134) - 600 PERSONNEL - $35,000.00, TO - 700 OTHER DIRECT COSTS - $25,000.00; $65,625.00 SUPP APPROP FR UNAPPROP BAL OF 2318 LOCAL AIDS PREVENTION FUND TO 2318 301001 LOCAL AIDS PREVENTION - 700 OTHER DIRECT COSTS; $3,000.00 APPROP TRF FR 2318 301001 LOCAL AIDS PREVENTION - 600 PAYROLL TO 2318 301001 LOCAL AIDS PREVENTION - 700 OTHER DIRECT COSTS) Referred to Finance Committee #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 150/2019 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE MEADOWLAKE ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee #7. (1ST RDG) ADOPTED AS ORDINANCE NO. 151/2019 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ANY AND ALL MORAL OBLIGATIONS IN AN AMOUNT NOT TO EXCEED $21,738.06 FOR PHONE UPGRADE EXPENSES; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($21,738.06 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN - OTHER Referred to Finance Committee #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 152/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER NO. 2 WITH NORTHSTAR ASPHALT, INC. IN AN AMOUNT NOT TO EXCEED $560,140.00 FOR THE 2019 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -359- MINUTES OF THE MEETING AUGUST 26, 2019 PAVING PROGRAM, G.P. 1301 AND CHANGE ORDER NO. 1 WITH CENTRAL ALLIED ENTERPRISES, INC. IN AN AMOUNT NOT TO EXCEED $380,000.00 FOR THE 2019 ROAD STABILIZATION PROJECT, G.P. 1304; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($350,000.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 202001 ENGINEERING ADMIN - OTHER; $65,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 202010 ENGINEER DAILY OPERATIONS - OTHER; $55,140.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS OPERATING FUND TO 5201 207001 WATER ADMINISTRATION - OTHER; $648,672.90 APPROP TRF FR 2175 200501 GENERAL GOVERNMENT SUPPORT ADMIN TO 2175 202001 ENGINEERING ADMINISTRATION - OTHER; $53,783.82 APPROP TRF FR 2170 200501 GENERAL GOVERNMENT SUPPORT ADMIN TO 2170 202001 ENGINEERING ADMINISTRATION - OTHER) Referred to Public Property Capital Improvement & Finance Committees CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Annexation, Finance and Public Property Capital Improvement Committees to meet in regard to Ordinances 6, 7 and 8 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:14 PM FOR THE ANNEXATION, FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES TO DISCUSS O#6 - O#8; RECONVENED AT 7:20 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinances 6, 7 and 8 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 6, 7 and 8 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: Ordinances 6, 7 and 8 are a legal part of your agenda. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinances 6, 7 and 8. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -360- MINUTES OF THE MEETING AUGUST 26, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 6, 7 and 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. PRESIDENT SHERER: You’ve heard the three readings, Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #6. Are there any remarks under this Ordinance? ...Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #6 ADOPTED AS ORDINANCE NO. 150/2019 PRESIDENT SHERER: Ordinance #6 is adopted. 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, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 151/2019 PRESIDENT SHERER: Ordinance #7 is adopted. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any remarks under this Ordinance? ...Hearing none, roll call vote please, Mr. Clerk. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -361- MINUTES OF THE MEETING AUGUST 26, 2019 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 152/2019 PRESIDENT SHERER: Ordinance #8 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...please begin with Ordinance #9. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #9 THROUGH #13 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #9. (2ND RDG) A RESOLUTION WITHDRAWING CANTON’S OBJECTION TO THE TRANSFER OF A LIQUOR PERMIT LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (#1683832, C-1-2 PERMIT FOR COMMUNITY CONVENIENCE LLC DBA DUEBER DRIVE THRU @ 1037 DUEBER AVE SW, WARD 5) #10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY FOR CONSTRUCTION SERVICES AND THE PURCHASE AND INSTALLATION OF EQUIPMENT AND FURNISHINGS NEEDED TO ESTABLISH A MEDICAL/DENTAL CLINIC; OR TO ALTERNATIVELY ENTER INTO ALL CONTRACTS NECESSARY FOR THE PURCHASE OR SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE ALL CONTRACTS NECESSARY TO ENTER INTO A LEASE AGREEMENT WITH AN ENTITY THAT WILL PROVIDE MEDICAL/DENTAL SERVICES AT THE EDWARD “PEEL” COLEMAN CENTER; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY (1,005,000.00 SUPP APPROP FR UNAPPROP BAL OF 2170 NEIGHBORHOOD FUND TO 2170 200501 GENERAL GOV’T SUPPORT ADMIN - OTHER) #11. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,292.00 SUPP APPROP FR UNAPPROP BAL OF 1151 LAND REUTILIZATION AND NOTE FUND TO 1151 101501 CODE ENFORCEMENT ADMIN - OTHER) (DEBT INT FOR MOVING OHIO COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -362- MINUTES OF THE MEETING AUGUST 26, 2019 FORWARD NOTE) #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($134,484.00 SUPP APPROP FR UNAPPROP BAL OF 2658 FY 2016 ASSIST TO FIREFIGHTERS GRANT FUND TO 2658 103001 FIRE ADMIN - OTHER; $134,484.00 INTERFUND ADV REPAYMENT FR 2658 1030001 FIRE ADMIN - ADV OUT TO 1001 103001 FIRE ADMIN - ADV IN) (GRANT FR DEPT. OF HOMELAND SECURITY) #13. (2ND RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO SARATOGA HILLS NO. 5; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ANY AGREEMENTS NECESSARY FOR THE EXTENSION OF SAID WATER MAIN; 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 Reading and Vote. Mr. Clerk, please begin with Ordinance #14. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #14 THROUGH #18 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 153/2019 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 7601 HEALTH FUND AND RECLASSIFY HEALTH DEPARTMENT REPORTING ACTIVITY FROM “GOVERNMENTAL-SPECIAL REVENUE FUND” TYPE CATEGORY TO “FIDUCIARY-AGENCY” TYPE CATEGORY OF REPORTING AND MOVE ALL 2019 ASSOCIATED BUDGET ACTIVITY INTO THE NEW TYPE CATEGORY; AUTHORIZING THE ELIMINATION OF CERTAIN HEALTH SPECIAL FUNDS WITH UNEXPENDED BALANCES BY TRANSFERRING THE REMAINING BALANCE TO THE NEWLY CREATED 7601 HEALTH FUND WHEN ALL OBLIGATIONS INCURRED AND PAYABLE FROM SUCH SPECIAL FUND IS COMPLETE AND THE FUND IS NO LONGER NECESSARY AS PERMITTED BY ORC SECTION 5705.14(D); AUTHORIZING THE RENAMING OF CERTAIN HEALTH DEPT. FUNDS; AND AUTHORIZES THE HUMAN RESOURCE DEPT. TO RECLASSIFY HEALTH DEPARTMENT EMPLOYEES OUT OF THE GOVERNMENTAL TYPE FUNDS TO THE NEW FIDUCIARY- AGENCY FUND TYPE CLASSIFICATION; AMENDING APPROPRIATION ORD. NO. 50/2019; AUTHORIZING THE EFFECTIVE DATE OF THE FOREGOING CHANGES; AND DECLARING THE SAME TO BE AN EMERGENCY ($463,500.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 301001 HEALTH ADMIN - OTHER; $463,500.00 SUPP APPROP FR UNAPPROP BAL OF 7601 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -363- MINUTES OF THE MEETING AUGUST 26, 2019 HEALTH FUND TO 7601 301001 HEALTH ADMIN - PAYROLL - $60,500.00, 7601 301001 HEALTH ADMIN - OTHER - $185,000.00, 7601 303001 NURSES - PAYROLL - $86,000.00, 7601 303001 NURSES - OTHER - $10,000.00, 7601 304001 LAB - PAYROLL - $35,000.00, 7601 304001 LAB - OTHER - $30,000.00, 7601 307001 ENVIRONMENTAL HEALTH ADMIN - PAYROLL - $47,000.00, 7601 301001 ENVIRONMENTAL HEALTH ADMIN - OTHER - $10,000.00; $463,500.00 INTER-FUND TRF FR 1001 301001 HEALTH - ADMIN - TRANSFER OUT TO 7601 301001 HEALTH ADMIN - TRANSFER IN) 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 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 153/2019 PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Ordinance #15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 154/2019 AN ORDINANCE AUTHORIZING AND CONSENTING TO SIGN REPLACEMENT ON US 62 FROM THE W. CORP. LIMIT TO THE E. CORP. LIMIT, SR-43 FROM US- 30 TO 17TH STREET NE IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ODOT, D04 SIGN FY 2021, PID 103277, GP 1310) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #15. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 154/2019 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -364- MINUTES OF THE MEETING AUGUST 26, 2019 PRESIDENT SHERER: Motion carries and Ordinance #15 is adopted. Ordinance #16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 155/2019 AN ORDINANCE AUTHORIZING AND CONSENTING TO RESURFACING OF STA US 62 AND SR 687 RAMPS AT THE I-77 INTERCHANGE IN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ODOT, STA-IR77/VAR-11.84/VAR, PID 88936, GP 1309) PRESIDENT SHERER: Leader. 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?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 155/2019 PRESIDENT SHERER: Motion carries and Ordinance #16 is adopted. Ordinance #17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 156/2019 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT AND EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($645,600.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207062 WOODLAND ST SW WATER MAIN EXTENSION PROJ - OTHER) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #17. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -365- MINUTES OF THE MEETING AUGUST 26, 2019 CLERK DOUGHERTY: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 156/2019 PRESIDENT SHERER: Motion carries and Ordinance #17 is adopted. Ordinance #18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 157/2019 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $4,487.12 TO DELL MARKETING L.P.; AND DECLARING THE SAME TO BE AN EMERGENCY (AUTOMATIC METER READING DATA COLLECTION UNITS) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #18. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 157/2019 PRESIDENT SHERER: Motion carries and Ordinance #18 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Finance will meet September 9th at 6:15 p.m. MEMBER FERGUSON: Uh...Mr. President. PRESIDENT SHERER: Member Ferguson. MEMBER FERGUSON: Uh...Economic Development will meet September 9th at 6:15 also. CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: Clerk Dougherty. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -366- MINUTES OF THE MEETING AUGUST 26, 2019 CLERK DOUGHERTY: The O...state ODOT Director will be by for a small presentation set up by Thomas West, same day, same time. PRESIDENT SHERER: Thank you. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President. Very quickly, um...Annexation of Meadowlake was a very big deal for years. It was fought over here...um...myself and Member Casar, at the time had some wonderful fights on Council’s floor, but this was one thing that we could definitely agree on, that there was no water going next door until 55 acres got annexed into the city of Canton. And, based on the water situation there, uh, this was annexed and I guess they really mean what they say when sometimes you just gotta wait cause this began under the Watkins administration. That’s how far back this goes. And I congratulate this administration on finally getting it done and what the future use of this golf course can mean to the city. Thank you. PRESIDENT SHERER: Thank you, Member Smuckler. MEMBER HALL: Mr. President. PRESIDENT SHERER: Member Hall. MEMBER HALL: I want to add onto what Member Smith mentioned about this weekend. As I have been in meetings since last September about this weekend and there were people from our area who mentioned that Canton would never come out and support this. So we need everyone’s support to make this a successful event, to continue on for years to come. PRESIDENT SHERER: Thank you, Member Hall. MEMBER SMITH: Just to reiterate what um...Mr. President, I’m sorry. Just to reiterate what Mr. Hall has said, like I say, it is a historical event that is going to take place this weekend. I’m quite sure each of you Council Members got a personal invitation and I would like for all of us to be there. Especially for the VIP on Friday. And I would hope that each and every one of you in the city, support this event. Thank you. PRESIDENT SHERER: Thank you, Leader Smith. Is there any additional Miscellaneous Business for this evening?...Hearing none, Clerk Dougherty, our quote for the week please. CLERK DOUGHERTY: “If you want your children to turn out well, spend twice as much time with them and half as much money.” - Abigail Van Buren MEMBER SMITH: Excuse me, Mr. President. PRESIDENT SHERER: Leader Smith. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -367- MINUTES OF THE MEETING AUGUST 26, 2019 MEMBER SMITH: We have a Member over here that didn’t quite get it. Could you please repeat that for Member Schulman, please. (Inaudible). (Laughter). PRESIDENT SHERER: She’s gettin’ that right now! MEMBER SCHULMAN: Right. (Inaudible). CLERK DOUGHERTY: “If you want your children to turn out well, spend twice as much time with them and half as much money.” - Abigail Van Buren MEMBER SCHULMAN: Okay. (Inaudible). 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 and a half yeas, Mr. President. PRESIDENT SHERER: Thank you for coming. This meeting is adjourned. (Gavel falls). ADJOURNMENT TIME: 7:33 PM ATTEST: APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT