City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -548- MINUTES OF THE MEETING DECEMBER 16, 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, WILLIAM 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. EXCUSING MEMBERS 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 December 16, 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: At this...at this time, if I could have everybody remain standing. I would like to have a moment of silence for brother, Dan Scurry, that passed away recently, if we could. (MOMENT OF SILENCE FOR DAN SCURRY). PRESIDENT SHERER. Amen. Thank you Member Kimbrough. We are now under Agenda Corrections Changes and there are none. 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...under Old Business and there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for this evening. Our first speaker is Kimberly Bell. (Inaudible). Ms. Bell, if you could please step forward...forward and give us your name and residential address, please. KIMBERLY BELL: Kimberly Bell, 135 17th St. NW, Canton, Ohio. Happy Holiday, first of all. It was an incident that happened the last time I was here, outside on the streets, and I was not the aggressor, Ms. Schulman was. And... COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -549- MINUTES OF THE MEETING DECEMBER 16, 2019 PRESIDENT SHERER: Ms. Bell, could you please speak into the mic so we can hear you. KIMBERLY BELL: I was not the aggressor, Ms. Schulman was. She said, “F” me, my husband just died.” And I said, “Don’t take that tone with me, I didn’t take it with you.” What’s wrong, Ms. Perry? You don’t like what I’m saying? Okay, I’m just speaking the truth. She...she was aggressive to me. All I was talking about is the five...the ten shootings that happen in this city every month and that Mayor up there doesn’t address it at these meetings. He doesn’t address...has anybody ever seen the show, Boss, with Gressie Kel...Grel....uh...uh...Kelsey Grammar, about the Mayor of Chicago? Well, I’ve watched it and they deal with...that Mayor...that tv show...that Mayor deals with the issues I wanted to be addressed in this Council...with this Council as far as housing for low income families and the shootings. That, like I said, it’s...it’s at least ten shootings a month in this city and I...but this has been the original issue that I brought to these...this...these meetings, but it...it went over into other...uh...uh...situations with me getting kicked out of the building by...when I’m just finding out today, by...not the Mayor but Andrea Perry. But...but...back to what I’m talking about. The shootings that I was addressing initially, with these meetings, and the low...the housing for low-income families such as myself and other family members. And...that...those issues I’ve been coming to these meetings for be...in the first place, have been avoided. Why, I don’t know. You talk about spending $100,000.00 every Monday. Fonda asks for $100,000.00...was asking for $100,000.00 every Monday for the Centennial Plaza, for a café, which should have been included in the $12.3 million or $12.6 million when they started the ground breaking. But he asked for another $100,000.00 and...the day he asked for that, I think there was a killing or a shooting, two shootings. And I said they’re asking for money for Centennial Plaza and someone else just got shot. That’s not being addressed here. And that was the original reason I started coming to these meetings, to address helping these young men and women that’s roaming the streets get a job. Help me get a program started. I’ve been in the system five times. I’ve been to prison... PRESIDENT SHERER: Ms. Bell... KIMBERLY BELL: This last time I said no more. I will... PRESIDENT SHERER: Ms. Bell. KIMBERLY BELL: Yes. PRESIDENT SHERER: Please bring your remarks to a close. KIMBERLY BELL: Yes. So, that was the original reason. But then it got thrown out of...out of...got thrown out of hand and I got banned from City Hall and I was...it was five police cars swarmed in on me because she was the aggressor, not me. Thank you. PRESIDENT SHERER: Thank you, Ms. Bell. Our next speaker is Mr. Pete DiGiacomo. Pete could you please step fords...forward and give us your name and residential address, please. PETE DIGIACOMO: Pete DiGiacomo, 600 Dent Place SW, Canton, Ohio. My complaint is what happened with these ice streets...iced streets. The snow was not...somebody dropped the ball. The Repository even had...had an article about it. Uh...everybody can make a mistake. If this pre...individual drops the ball again, he should be out driving a truck, not telling people when to drive the truck. Because, like I said, the streets were...they were all ice and it...the other that upsets me...right around noon to 12:00...I want to say from 12:00 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -550- MINUTES OF THE MEETING DECEMBER 16, 2019 to 1:00, I had to go up to North Canton. I made and I know it’s going to be said, “North Canton does not have as many streets as we have, they don’t have the equipment we have”, but their streets were clear and dry. If they can do it up there, why the heck can’t we do it down here? The...the....uh...some of...like I said, somebody dropped the ball, big time. I...I couldn’t get on ‘77 because it was full of ice, and I know that’s ODOT, but other...I tried to get my way up North and it was just as...it was bad. I came back through North Canton, back down...probably around 3:00 - 3:30, and there was still ice on the streets. So, Mayor, somebody works under you not doing the job properly, have a talk with him, please. PRESIDENT SHERER: Thank you, Mr. DiGiacomo. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have 8 for this evening. Mr. Clerk, would you please read Resolution #48, by title. #48. PERSONNEL COMMITTEE: CONFIRM MAYOR’S APPT OF MICHAEL HEARD TO CANTON BD OF BLDG APPEALS COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #48. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #48. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #48 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #48 is adopted. Mr. Clerk, Resolution #49, please. #49. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF JOE MIDDLETON TO BD OF BLDG APPEALS COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #49. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #49. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #49 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #49 is adopted. Resolution #50, COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -551- MINUTES OF THE MEETING DECEMBER 16, 2019 please. #50. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF JOHN RUSS TO BD OF BLDG APPEALS COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #50. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #50. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #50 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #50 is adopted. Resolution #51, please. #51. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF MICHAEL ABBOTT TO CANTON CONSTRUCTION BD COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #51. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #51. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #51 PASSED BY MAJORITY BY VOICE VOTE (MEMBER HALL ABSTAINED) PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #51 is adopted. Resolution #52, please. #52. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF DAVE GRABOWSKY TO CANTON CONSTRUCTION BD COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #52. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -552- MINUTES OF THE MEETING DECEMBER 16, 2019 PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #52. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #52 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #52 is adopted. Resolution #53, please. #53. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF DAVID KIRVEN TO CANTON CONSTRUCTION BD COMMENCING 1/1/20 THRU 12/31/22. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #53. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #53. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #53 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #53 is adopted. Resolution #54, please. #54. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF JOHN STONE TO TREE COMMISSION COMMENCING 1/1/20 THRU 12/31/21. - ADOPTED PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #54. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #54. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #54 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #54 is adopted. Resolution #55, please. #55. PERSONNEL COMMITTEE: CONFIRM MAYOR’S REAPPT OF MAUREEN AUSTIN AS PUBLIC APPOINTEE TO STARK CO REGIONAL PLANNING COMMISSION COMMENCING 1/1/20 THRU 12/31/21. - ADOPTED COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -553- MINUTES OF THE MEETING DECEMBER 16, 2019 PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #55. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution...Resolution #55. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no. NO REMARKS RESOLUTION #55 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #55 is adopted. COMMUNICATIONS PRESIDENT SHERER: We are now under Communications, and 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 DECEMBER 16, 2019. 415. PLANNING COMMISSION: REQ REPLAT OF LOTS 8817, 8818 AND 8819 LOCATED AT 1317 AND 1309 FULTON RD NW FOR MICHAEL AND MONICA MCATEE AND ETHEL KING (PARCELS 219739 AND 229148), WARD 1. - PUBLIC SAFETY & THOROUGHFARES COMMITTEE 416. PLANNING COMMISSION: APPROVE WARD ASSIGNMENT AND ZONING CLASSIFICATION FOR CENTRAL ALLIED ENTERPRISES-COLUMBUS RD NE ANNEX, WARD 6. - ANNEXATION COMMITTEE 417. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO AGMT FOR AND ACCEPT $14,562.00 IN GRANT FUNDS FROM OH LAW ENFORCEMENT BODY ARMOR PROG; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 418. SERVICE DIRECTOR HIGHMAN: INFORM COUNCIL, PURSUANT TO SECS 105.01(b)(1) AND 105.01(b) (5) OF CODIFIED ORD, THAT CITY WILL NOT BE ENTERING INTO PROJECT LABOR AGMT (PLA) FOR TURBINE SERVICE PUMP REPAIR AND WELL MAINTENANCE PROG. - RECEIVED & FILED 419. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR AULTMAN CANCER CTR PUBLIC UTILITIES RELOCATION PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -554- MINUTES OF THE MEETING DECEMBER 16, 2019 420. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO APPLY FOR, ENTER INTO AGMT FOR AND RECEIVE FUNDS FROM ANY AND ALL POTENTIAL FUNDING SOURCES, INCLUDING BUT NOT LIMITED TO THOSE OUTLINED IN THIS COMMUNICATION. - FINANCE COMMITTEE 421. SERVICE DIRECTOR HIGHMAN: AUTHORIZE APPROPRIATE APPOINTING AUTHORITY, DURING CALENDAR YR 2020, TO SELL CITY OWNED PERSONAL PROPERTY NOT NEEDED FOR PUBLIC USE OR IS OBSOLETE OR UNFIT FOR ACQUIRED USE, BY INTERNET AUCTION PURSUANT TO ORC 721.15(D); AUTHORIZE INTERNET AUCTIONS TO BE CONDUCTED UNDER AUTHORITY AND DIRECTION OF SERV DIR AND/OR DESIGNEE(S); AUTHORIZE INTERNET AUCTIONS TO BE CONDUCTED BY PUBLIC SURPLUS INTERNET AUCTION SERVICE, PO BOX 530861, HENDERSON NV 89053; REQUIRE ALL INTERNET AUCTION SALES BE CONDUCTED PURSUANT TO RULES AND REGS PROMULGATED AND IN EFFECT FOR PUBLICSURPLUS.COM; REQUIRE THAT FOR EACH INTERNET AUCTION SALE, BIDDING SHALL REMAIN OPEN FOR NOT LESS THAN (10) DAYS, INCLUDING SAT, SUN AND LEGAL HOLIDAYS; AUTHORIZE SERV DIR AND/OR DESIGNEE(S) TO ESTABLISH MINIMUM PRICES FOR ITEMS BEING SOLD VIA INTERNET AUCTION; REQUIRE PRIOR TO PERFORMANCE OF ANY INTERNET AUCTION THAT SERV DIR AND/OR DESIGNEE(S) PROVIDE ADVERTISED AND POSTED NOTICES PURSUANT TO ORC 721.15(D). - FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 422. SERVICE DIRECTOR HIGHMAN: REAUTHORIZE ORDINANCES LISTED IN EXH A; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO COMPLETE CONTRACTS PREVIOUSLY AUTHORIZED BY SAID ORDINANCES CONTAINED IN EXH A; AUTHORIZE LAW DIRECTOR, IN CONJUNCTION WITH APPROPRIATE APPOINTING AUTHORITY, TO MAKE ANY MINISTERIAL CHANGES, SUCH AS DATE CORRECTIONS, TO FOREGOING REENACTED CONTRACTS PROVIDED CHANGES OR AMENDMENTS DO NOT INVOLVE ADDT’L COSTS OR RESULT IN SUBSTANTIVE CHARGES; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE 423. SERVICE DIRECTOR HIGHMAN, SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO VARIOUS CONTRACTS PURSUANT TO CANTON CODIFIED ORD SEC 105.09 FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A DURING 2020 CALENDAR YR; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO PROF SERVICES CONTRACTS PURSUANT TO CANTON CODIFIED ORD SEC 105.10 FOR APPLICABLE PROF SERVICES LISTED ON EXH A DURING 2020 CALENDAR YR; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CONTRACTS PURSUANT TO ORC SEC 735.05 WITH QUALIFIED NONPROFIT AGENCIES AS DEFINED IN ORC SECS 4115.31 TO 4115.35 FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A DURING 2020 CALENDAR YR; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CONTRACT FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A DURING 2020 CALENDAR YR UTILIZING ANY PURCH PROCESS AUTHORIZED BY EITHER ORC OR COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -555- MINUTES OF THE MEETING DECEMBER 16, 2019 CANTON CODIFIED ORD; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO CHANGE ORDERS AND/OR CONTRACT AMENDMENTS FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES AND SERVICES LISTED ON EXH A DURING 2020 CALENDAR YR; AUTHORIZE SAID CONTRACTS TO BE MULTIPLE YR CONTRACTS AND/OR CONTAIN RENEWAL PROVISIONS WHERE REQUIRED OR BENEFICIAL TO CITY; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #2; FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (ORDINANCE #1 ADOPTED; ORDINANCE #2 ADOPTED AS AMENDED) #1. (1ST RDG) ADOPTED AS ORDINANCE NO. 242/2019 A RESOLUTION OBJECTING TO THE RENEWAL OF FOUR LIQUOR PERMITS LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (R BAR & GRILL, RUBY SALOON, MILLS PLACE & PATIO & CANTON NEGRO OLD TIMERS) Referred to Judiciary Committee #2. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 243/2019 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH ZENITH SYSTEMS, INC. IN AN AMOUNT NOT TO EXCEED $45,200.00 FOR AUDIO/VISUAL HARDWARE, INSTALLATION AND CONFIGURATION OF UPGRADED SOFTWARE; AND DECLARING THE SAME TO BE AN EMERGENCY (MUNICIPAL COURT) Referred to Finance Committee CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Judiciary and Finance Committees to meet in regard to Ordinances 1 and 2 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:16 PM FOR THE JUDICIARY AND FINANCE COMMITTEES TO DISCUSS O#1 AND O#2; RECONVENED AT 7:18 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinances 1 and 2 back on this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -556- MINUTES OF THE MEETING DECEMBER 16, 2019 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 1 and 2 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 1 and 2 are a legal part of your agenda. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinances 1 and 2. MEMBER BABCOCK: Second. PRESIDENT SHERER: There’s a motion to suspend the Statutory Rules on Ordinances 1 and 2. Are there any remarks? ...Hearing none, roll call vote please, Mr. Clerk. 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 #1. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #1. 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. #1 ADOPTED AS ORDINANCE NO. 242/2019 PRESIDENT SHERER: Ordinance #1 has been adopted. Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #2. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #2. Are there any remarks under this Ordinance? Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #2 per the copy that all Council Member COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -557- MINUTES OF THE MEETING DECEMBER 16, 2019 have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It has been moved and seconded to amend Ordinance #2 per the copy before each of you. Are there any remarks under this Ordinance? ...If not, 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 #2, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 2 by amending the caption and Section 1 to change the word “Mayor” to “Canton Municipal Court Judges Administration”. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #2, as amended. Are there any remarks under this Ordinance, as amended? ...Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #2 ADOPTED AS AMENDED AS ORDINANCE NO. 243/2019 PRESIDENT SHERER: Ordinance #2, as amended, has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading and we have none for this evening. 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 #3. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #3 THROUGH #6 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (ORDINANCE #4 AND ORDINANCE #5 ADOPTED AS AMENDED) #3. (3RD RDG) ADOPTED AS ORDINANCE NO. 244/2019 AN ORDINANCE AMENDING CHAPTER 331 OF THE TRAFFIC CODE OF THE CANTON CODIFIED COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -558- MINUTES OF THE MEETING DECEMBER 16, 2019 ORDINANCE (ROLLING COAL) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #4...#3. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #3. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #3 ADOPTED AS ORDINANCE NO. 244/2019 PRESIDENT SHERER: The motions carries and Ordinance #3 is adopted. Ordinance #4, please. #4. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 245/2019 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($18,000.00 SUPP APPROP FR UNAPPROP BAL OF 2795 JUSTICE REINVEST GRANT FUND TO 2795 701001 JUDGES ADMIN - OTHER) PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #4 per copy that all Members have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: No, we need to adopt first. MEMBER SMITH: We still on 3? PRESIDENT SHERER: We’re on #4. Ordinance #4. MEMBER SMITH: (Inaudible). PRESIDENT SHERER: Well, we have to move to adopt before we can amend. MEMBER SMITH: Oh, okay. Mr. President, I move we adopt Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #4. Are there any remarks? COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -559- MINUTES OF THE MEETING DECEMBER 16, 2019 Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #4 per copy that all Member have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It has been moved and seconded to amend Ordinance #4 per the copy before each of you. Are there any remarks? ...If not, by voice vote... UNKNOWN VOICE: (Inaudible). PRESIDENT SHERER: If not, 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 #4, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 4 by the substitution of the attached amended ordinance for the original pending ordinance. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #4, as amended. Are there any remarks under this Ordinance, as amended? ...Hearing none, roll call vote please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #4 ADOPTED AS AMENDED AS ORDINANCE NO. 245/2019 PRESIDENT SHERER: Ordinance #4, as amended, has been adopted. Ordinance #5, please. #5. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 246/2019 AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO, FOR FISCAL YEAR 2020; AUTHORIZING A ONE (1) TIME ADDITIONAL OR 27TH PAY IN 2020 FOR ALL ELECTED OFFICIALS AND SALARIED PERSONNEL; AND DECLARING THE SAME TO BE AN EMERGENCY (BUDGET) PRESIDENT SHERER: Leader Smith. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -560- MINUTES OF THE MEETING DECEMBER 16, 2019 MEMBER SMITH: Mr. President, I move we adopt Ordinance #5. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #5. Are there any remarks? Leader Smith. MEMBER SMITH: Mr. President, I move we amend Ordinance #5 per copy that all Member have before them. MEMBER BABCOCK: Second. PRESIDENT SHERER: It has been moved and seconded to amend Ordinance #5 per the copy before each of you. Are there any remarks? MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Uh..I’d like the Finance Director to clarify what this twenty-nine page amendment includes. FINANCE DIRECTOR CROUSE: The twenty-nine page amendment includes most of the original ordinances that we had presented last week, but there are...um... eight exceptions that we are making in this amendment. Um...do you want me to review them with you? MEMBER MORRIS: Every one. FINANCE DIRECTOR CROUSE: Okay. Um...in Fund 2170, we are amending or increasing that budget by $500,000.00 to account for the year end carry-over budget that we’re expecting in that Fund. In 2175 we’re amending that to represent the Hall of Fame Village loan. In Fund 2771, that’s the Byrne Memorial Grant. We had originally passed that Grant...um...last month and we had a budget of $37,826.00. Well, they did not...um...PO the amount that was approved so we need to move that forward into 2020. On the Fund 2780, it’s the Bulletproof Vest Grant. They did not PO the amount that was approved by Council by the end of the year so we need to move that budget of $25,280.00 into 2020. In 4501, Capital Projects Fund, we increased...uh...a number of engineering projects and decreased an amount that they had in there for the 3rd St. Bridge Project, which they already had accounted for in 2019. So they...they had that in there twice so we’re moving that amount. Um...in Fund 4502, the Fire Department had a small increase in their request for um...2020, it’s $9600.00. Fund 5201, the Water Fund, there was an adjustment to the Water’s Admin line account, that’s actually a decrease of $15,267.00, and the Canton South Water Main Replacement Fund, um...the Water Department is asking for an increase in that by $163.90...$163,918.00 increase, excuse me. And the JEDD Clearing Fund 7508, we had an increase...uh...request of $175,000.00 to make sure that we have all budgets in place for JEDDs next year. That’s all the amendments. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -561- MINUTES OF THE MEETING DECEMBER 16, 2019 MEMBER MORRIS: Mr. President. Thank you Finance Director. PRESIDENT SHERER; Thank you, Member Morris. Are there any additional remarks? ...Hearing none, if not, 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 #5, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 5 by the substitution of the attached amended Exhibit A for the original pending Exhibit A. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #5, 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. #5 ADOPTED AS AMENDED AS ORDINANCE NO. 246/2019 PRESIDENT SHERER: Ordinance #5, as amended, has been adopted. Ordinance #6, please. #6. (3RD RDG) ADOPTED AS ORDINANCE NO. 247/2019 AN ORDINANCE AMENDING SECTION 1312.04, REQUIREMENTS FOR GENERAL CONSTRUCTION CONTRACTOR’S REGISTRATION OF CHAPTER 13 OF THE BUILDING CODE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smith. MEMBER SMITH: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #6. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #6 ADOPTED AS ORDINANCE NO. 247/2019 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -562- MINUTES OF THE MEETING DECEMBER 16, 2019 PRESIDENT SHERER: The motion carries and Ordinance #6 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. As this is the end of the 2018 - 2019 Council Term, there are no Committee Meetings to be announced. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Just like to take time to wish everybody a Merry Christmas and point out that we have some birthdays here in the Horseshoe. One being Member Sherer on Christmas Day. I think he’s got a pretty...uh, important birthday coming up. Uh...from our Clerk uh...Clerk’s Office...Beth and Jill, as well as Member Babcock is having a birthday here. Believe it or not, he’s going to turn older. We don’t know how it’s possible, but he is! So, I hope everyone has a good Christmas. Happy Birthday to everyone that has a birthday coming up. PRESIDENT SHERER: Thank you, Member Scaglione. Is there any additional Miscellaneous Business for this evening? LAW DIRECTOR AYLWARD: Mr. President. PRESIDENT SHERER: Law Director. LAW DIRECTOR AYLWARD: Thank you. I usually don’t say anything but I just want to um...thank Leader Smith for being such a great Leader and we’ve had such a wonderful time together as our...um...kind of compatriots. I’m the first female Law Director, she was the first female Leader. So, I just want to thank her very much for her service and how much I’ve enjoyed working with her. And I also want to welcome, of course, a very uh...I don’t want to...I’m not saying an old colleague...a seasoned, a seasoned and experienced colleague of ours who’s marvelous and is our new Leader and I really am looking forward to working with him and I know we’ll all do great things, so...thank you very much and Merry Christmas. PRESIDENT SHERER: Thank you, Law Director. Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: The quote is by Bill Murray. “Christmas Eve. It’s the one night of the year when we all act a little nicer, smile a little easier and cheer a little more. For a couple hours out of the whole year we are the people that we always hoped that we would be.” Merry Christmas, Happy Holidays to all. PRESIDENT SHERER: Thank you, Clerk Dougherty. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -563- MINUTES OF THE MEETING DECEMBER 16, 2019 MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Member Smuckler. MEMBER SMUCKLER: I think over these last two years we all have to admit that most of us never dreamed we’d get Issue 13 passed. And most of us never dreamed that we would get some of the things we’ve accomplished over the last two years, and I for one think that not only has the Mayor taken a leadership role in this, but our Majority Leader has done a fantastic job of helping getting all that through. She’s been there every step of the way and I personally want to say thank you, Chris Smith, for the job you’ve done for the last two years. (Applause). MAYOR BERNABEI: Mr. President. PRESIDENT SHERER: Mayor Bernabei. MAYOR BERNABEI: For myself and for the Administration, we have had a wonderful relationship in the past two years. We have worked very, very closely together, both with our Majority Leader as well as our seasoned, Assistant Majority Leader (Laughs). And our incoming Majority Leader, of course we look forward to working with him. He is seasoned and old! But Chris, in particular, you know, it was a great opportunity. You stepped up and you stepped up big time and I think that we...you know...we continue to have many issues and many challenges but I think we faced many of them and dealt with many of them, and made great progress in the last two years. And again, I thank you again for your wonderful leadership. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Mayor, keep your phone on your because you’ve got to know some tips when the 70's come. (Laughs). PRESIDENT SHERER: Is there other Miscellaneous Business for this evening? 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. Happy Holidays. (Gavel falls). AUDIENCE MEMBER: Thank you! COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -564- MINUTES OF THE MEETING DECEMBER 16, 2019 ADJOURNMENT TIME: 7:35PM ATTEST: 12/18/19 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT