City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -368- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PRESIDENT SHERER: With a quorum being present, the Chair calls this meeting of Canton City Council to order. (Brief pause while everyone takes their seats) 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, none absent. PRESIDENT SHERER: Tonight’s invocation will be given by Ward 3 Council Member, Jason Scaglione. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on September 9, 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 Jason Scaglione, Ward 3 Council Member. The Pledge of Allegiance was led by President Sherer. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: Thank you, Member Scaglione. We are now under Agenda Corrections and Changes, Leader. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 17 through 21. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings to Ordinances 17 through 21 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 17 through 21 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings 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 -369- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have one speaker tonight. Our first speaker... speaker is Pete DiGiacomo. Pete, can you please step forward and give us your name and your residential address, please. PETE DIGIACOMO: My name’s Pete DiGiacomo. I live at 600 Dent Place SW, Canton, Ohio. I come up here from time to time, sometimes I’m complaining or bitching about something. Shhh, you didn’t hear that. Um, other times I’m giving attaboys to hes or shes, whatever like that. Huh... awe. Last week... my health, I’ve had different problems, and it got real bad last week and I just happened to call Chris Smith because I could not attend a meeting that she was gonna be at and I was supposed to be at. In the course of me talking with her, she said well, how... you know, do you need help? I said well, my wife will be here any minute and then there was nothing. I thought oh, I... the signal got dropped. No, mmm... Chris, you... uh, you dropped what you were doing and drove over to my house and she was ready to take me to the emergency room. Just then my wife walked in and everything, I guess you’d say, came out okay. I don’t... I’m still with a... kinda of a problem, that’s my problem. But I just wanted to mention, Chris Smith, you... you are a shining light. I... I... I can’t say enough for... for you to stop what you’re doing and literally drove over to my house and willing to take me to the emergency room. That’s... that’s all. MEMBER SMITH: Thank you so much. (Applause) PRESIDENT SHERER: Thank you, Pete. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have two for this evening. Mr. Clerk, would you please read Resolution #21 by title. #21. COUNCIL-AS-A-WHOLE: RECOGNIZING SEPTEMBER AS PROSTATE CANCER AWARENESS & EDUCATION MONTH. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #21. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #21. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #21 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries, and Resolution 21 is adopted. Resolution 22, please. #22. MAJORITY LEADER SMITH: AUTHORIZE AND DIRECT SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $49,730.00 TO GUIST DECORATORS FOR PAINTING AND SEALING OF NORTHWEST WATER TREATMENT COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -370- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PLANT FILTER ROOM CEILING. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #22. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #22. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #22 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries, and Resolution #22 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 SEPTEMBER 9, 2019. 293. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 8/1/19 THRU 8/30/19. - RECEIVED & FILED 294. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/9 THRU 8/30/19. - RECEIVED & FILED 295. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERTIFICATE DATED 8/30/19. - RECEIVED & FILED 296. AUDITOR MALLONN: REQ LEGISLATION FOR RE-ISSUANCE OF REVITALIZATION ANTICIPATORY NOTE IN MAXIMUM AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,500,000.00 (PMT DUE 10/22/19, FUND 1155). - FINANCE COMMITTEE 297. AUDITOR MALLONN: REQ ISSUANCE OF SE COMMUNITY CENTER (SECC) IMPROVEMENT NOTES IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,200.000.00. (FOR IMPROVEMENTS AND TO PROVIDE COMMUNITY HEALTH AND RELATED SERVS, FUND 2170). - FINANCE COMMITTEE 298. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ENTERPRISE ZONE AGMT WITH LESH PROPERTIES, LLC AND OHIO AUTO WAREHOUSE, LLC TO PROVIDE REAL PROP TAX EXEMPTION AND AUTHORIZE AUDITOR TO MAKE PAYMENTS TO CANTON CITY SCHOOLS BOARD OF EDUCATION PURSUANT TO SECTION 5709.82(C) OF REVISED CODE (10 YEAR - 75%, PARCELS 301585 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -371- MINUTES OF THE MEETING SEPTEMBER 9, 2019 & 304728). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 299. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS NECESSARY WITH WI-FIBER LLC FOR IMPLEMENTATION OF PHASE 2; ALTERNATELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO CONTRACT NECESSARY FOR PURCH OF ITEMS IN ACCORD WITH PROCUREMENT PROCESS AUTHORIZED BY ORC OR CANTON COD ORD; AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO PROF SERVS CONTRACT FOR INSTALLATION OF REFERENCED SWITCHES AND OTHER NETWORK REPAIRS; AUTHORIZE AUDITOR TO PAY ALL MORAL OBS ARISING FR PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; AMEND APPROP O#50/2019 ($60,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING TO 1001 102001 POLICE ADMIN - OTHER; EMERGENCY. - FINANCE COMMITTEE 300. SERVICE DIRECTOR HIGHMAN: REQ INF RESOLUTION AUTHORIZING SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $49,730.00 TO GUIST DECORATORS FOR PAINTING AND SEALING OF CEILING ROOM AT NORTHWEST WATER TREATMENT PLANT. - FINANCE COMMITTEE 301. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO NEGOTIATE OR DONATE CITY-OWNED PROP FOR STANDARD HIGHWAY EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENT NECESSARY FOR CONSTRUCTION OF PROJ; AUTHORIZE MAYOR, SERV DIR AND/OR THEIR DESIGNEE TO MAKE MINISTERIAL CHANGES TO CORRECT PROP OWNER NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR TYPO ERRORS; EMERGENCY. - PUBIC SAFETY & THOROUGHFARES COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #16 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 $4,648.45 APPROP TRF FR 2767 701001 JAIL DIVERSION GRANT FUND - PERSONNEL TO 2767 701001 JAIL DIVERSION GRANT FUND - OTHER) Referred to Finance Committee #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 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -372- MINUTES OF THE MEETING SEPTEMBER 9, 2019 SAME TO BE AN EMERGENCY (800 BLK OF CLEVELAND AVE SW) Referred to Community & Economic Development Committee #3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO DISSOLVE THE PERRY TOWNSHIP/CANTON JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT; AND DECLARING THE SAME TO BE AN EMERGENCY (O#206/2016) Referred to Community & Economic Development Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ( $1,300,000.00 APPROP REDUCTION FR 2211 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO UNAPPROP BAL OF 2211 COMMUNITY DEVELOPMENT FUND) Referred to Finance Committee #5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 7508 JACKSON- CANTON JEDD CLEARING FUND TO 7508 852006 DISTRICT 18-001 COMDOC JEDD - OTHER - $50,000.00, TO 7508 852007 DISTRICT 19-001 KECK PARK JEDD - OTHER - $25,000.00, TO 7508 852008 DISTRICT TOS JEDD - OTHER - $25,000.00) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT FUND TO 6041 208010 SERVICE AND REPAIR - OTHER; $33,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN - OTHER) Referred to Finance Committee #7. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ( $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 852002 TREASURER-GROWTH INIT SETTLEMENT - OTHER) Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF ALL OF OUT LOTS 1382 AND 1418; AND DECLARING THE SAME TO BE AN EMERGENCY (3000 BLOCK OF GREENTREE AVE SW, WARD 4 - NEW DAWN DEV & JEFFREY HEIN) Referred to Public Safety & Thoroughfares Committee COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -373- MINUTES OF THE MEETING SEPTEMBER 9, 2019 #9. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOTS 4227, 4228 AND 4229; AND DECLARING THE SAME TO BE AN EMERGENCY (700 BLOCK OF 12TH ST NE, WARD 2 FOR MAZEN ALBHAISI) Referred to Public Safety & Thoroughfares Committee #10. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUT LOT 1347; AND DECLARING THE SAME TO BE AN EMERGENCY (2725 MARET ST NE, WARD 6 FOR J&S PROP ACQUISITIONS) Referred to Public Safety & Thoroughfares Committee #11. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($443,232.82 INTERFUND TRF FR 5401 202061 I-77/FAIRCREST ANNX SANITARY SWR - TRF OUT TO 5410 206005 OPERATION AND MAINTENANCE - TRF IN) Referred to Finance Committee #12. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT AND TO EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES FOR THE WOODLAWN AVE NW WATER MAIN EXTENSION PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($670,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207063 WOODLAWN AVENUE NW WATER MAIN EXTENSION PROJECT - OTHER) Referred to Environmental & Public Utilities and Finance Committees #13. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,841,200.00 UNAPPROP BAL OF 5238 CANTON SOUTH WATER MAIN EXTENSION - PHASE 1 PROJECT FUND TO 5238 207064 CANTON SOUTH WATER MAIN EXTENSION - PHASE I PROJECT - OTHER) Referred to Finance Committee #14. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE 2019 WRF ROOF REPAIR/REPLACEMENT PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement and Finance Committees #15. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -374- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE 44TH STREET WATER MAIN REPLACEMENT/ROADWAY RECONSTRUCTION PROJECT; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5240 44TH STREET NW WATER MAIN REPLACEMENT/ROADWAY RECONSTRUCTION PROJECT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities and Finance Committees #16. (1ST RDG) ADOPTED AS ORDINANCE NO. 158/2019 A FINAL RESOLUTION ADOPTING PLANS, AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO COOPERATE WITH AND REQUEST THE DIRECTOR OF TRANSPORTATION TO PROCEED WITH THE RESURFACING OF CHERRY AVENUE (SR 43) BETWEEN 425' SOUTH OF 3RD STREET AND MARKET AVENUE AND TUSCARAWAS STREET (SR 172) BETWEEN CHERRY AVENUE AND RIVERSIDE DRIVE, INCLUDING MISCELLANEOUS STRUCTURE WORK ON BRIDGE NUMBERS AT STA-77-1038, STA-77-1069, STA-153-0091, STA-172-1350, STA-172-1380 AND STA-172-1556, WITHIN THE CITY OF CANTON; AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($280,992.00 SUPP APPROP FR UNAPPROP BAL OF 2113 MUNICIPAL ROAD FUND TO 2113 202001 ENGINEERING ADMIN - OTHER) Referred to Finance and Public Safety & Thoroughfares Committees CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Finance and Public Safety & Thoroughfares Committees to meet in regardance to... in regard to Ordinance #16 on your agendas this evening. You are now in recess. (COUNCIL RECESSED AT 7:11 PM FOR THE FINANCE AND PUBLIC SAFETY & THOROUGHFARES COMMITTEES TO DISCUSS O#16; RECONVENED AT 7:14 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinance #16 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and second... seconded to suspend Rule 22A to place Ordinance #16 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -375- MINUTES OF THE MEETING SEPTEMBER 9, 2019 CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: Ordinance #16 is a legal part of your agenda. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on 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. PRESIDENT SHERER: You’ve heard the three readings, Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #16. 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. #16 ADOPTED AS ORDINANCE NO. 158/2019 PRESIDENT SHERER: Ordinance #16 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 #17. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #17 THROUGH #21 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #17. (2ND 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) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -376- MINUTES OF THE MEETING SEPTEMBER 9, 2019 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) #19. (2ND 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 #20. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 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) #21. (2ND 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) 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 #22. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #22 THROUGH #26 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 159/2019 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) COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -377- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #22. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #22. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 159/2019 PRESIDENT SHERER: Motion carries and Ordinance #22 is adopted. Ordinance #23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 160/2019 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) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #23. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #23. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -378- MINUTES OF THE MEETING SEPTEMBER 9, 2019 #23 ADOPTED AS ORDINANCE NO. 160/2019 PRESIDENT SHERER: Motion carries and Ordinance #23 is adopted. Ordinance #24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 161/2019 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 FORWARD NOTE) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #25. MEMBER BABCOCK: Second. CLERK DOUGHERTY: It’s 24. PRESIDENT SHERER: 24. MEMBER SMITH: 24, I’m sorry. 24. I’m so excited about (inaudible). PRESIDENT SHERER: (Chuckles) The den... the dental clinic. (Laughter) It’s been moved and seconded to adopt Ordinance #24. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 161/2019 PRESIDENT SHERER: Motion carries and Ordinance #24 is adopted. Ordinance #25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 162/2019 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) PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #25. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -379- MINUTES OF THE MEETING SEPTEMBER 9, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #25. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 162/2019 PRESIDENT SHERER: Motion carries and Ordinance #25 is adopted. Ordinance #26, please. #26. (3RD RDG) ADOPTED AS ORDINANCE NO. 163/2019 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 PRESIDENT SHERER: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #26. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #26. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #26 ADOPTED AS ORDINANCE NO. 163/2019 PRESIDENT SHERER: Motion carries and Ordinance #26 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 16th at 6:15 P.M. MEMBER FERGUSON: Mr. President. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -380- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PRESIDENT SHERER: Member Ferguson. MEMBER FERGUSON: The Economic Development Committee meeting will be the same time, 6:15. MEMBER FISHER: Mr. President. PRESIDENT SHERER: Member Fisher. MEMBER FISHER: Environmental & Public Utilities, same time, same place. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: 6:15, same time and place. PRESIDENT SHERER: Thank you, Member Hawk. CLERK DOUGHERTY: That would be committee, Public Safety & Thoroughfares. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? Member Kimbrough. MEMBER KIMBROUGH: Uh, I was just wondering. I (inaudible)... concerned about (inaudible)... around in that one area by Rite Aid (inaudible)... there’s not a place where they can park their wheelchairs. And there’s... I was wondering (inaudible)... PRESIDENT SHERER: Absolutely. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: We’ll take a look at that and report back to everyone. MEMBER KIMBROUGH: Thank you. PRESIDENT SHERER: Thank you, Deputy Mayor. Is there any additional Miscellaneous Business for this evening? CLERK DOUGHERTY: Mr. President. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -381- MINUTES OF THE MEETING SEPTEMBER 9, 2019 PRESIDENT SHERER: Clerk Dougherty. CLERK DOUGHERTY: I’ll be attending some required training this Thursday on behalf of all Council Members, Sunshine Law training. Thank you. PRESIDENT SHERER: Okay, thank you. Clerk Dougherty, our quote for the week please. CLERK DOUGHERTY: Quote for the week is from Paul Terry. “ Whenever I feel the need to exercise, I lie down until it goes away.” (Laughter) PRESIDENT SHERER: There you go. Attaboy. 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: This meeting is adjourned. Thank you for coming this evening. (Gavel falls). ADJOURNMENT TIME: 7:23 PM ATTEST: 9/11/19 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT