City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -101- MINUTES OF THE MEETING MARCH 2, 2020 PRESIDENT SHERER: Good evening, ladies and gentlemen, and welcome to Canton City Council. Before we begin, pursuant to Council Rule 47(E), all cell... cellular phones and telecommunication devices shall be turned off, silenced or rendered non-audible during all Council meetings. If you plea... if you have your cell phone with you tonight, please put it in vibrate. I want to thank everybody for coming tonight. 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: (WILLIAM SMUCKLER, JAMES BABCOCK, CHRISTINE SCHULMAN, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, 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 4 Council Member, Chris Smith. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on March 2, 2020 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 Chris Smith, Ward 4 Council Member. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Smith. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended adding 2nd Readings of Ordinances 11 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 to Ordinances 11 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 11 through 13 are a legal part of your agenda. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -102- MINUTES OF THE MEETING MARCH 2, 2020 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 there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for tonight. Our first speaker is Miss Kimberly Bell. (Brief pause) I repeat, our next speaker is Miss Kimberly Bell. Obviously, Miss Bell has left. Our last and only speaker is Mr. Jim Adams. Mr. Adams, can you please state your name and residential address, please. JIM ADAMS: Sure. My name is Jim Adams. I’m the Health Commissioner for your Health Department, and live at 1250 Longshadow NE in North Canton, Ohio. I’d like to speak just for a couple of minutes on the Health Department’s response to the COVID-19 disease outbreak. Uh, cup... I am going to provide a more detailed summary for Council next week, but, you know, as we know now the case counts for the number of cases in the community change. (Inaudible) minute by minute, but, you know, currently the U.S. Government is reporting 91 confirmed cases. I want to stress there are no cases in Ohio. Uh, we... uh, the State of Ohio’s monitored about 212 travelers from China. As you’ve heard on the news, that there’s this active monitoring going on for some travelers from China. Uh, we’ve... Ohio has tested seven individuals from that cohort of people and all have been negative for the Coronavirus, so we believe the risk in Ohio right now at least is really quite low, and we certainly hope it continues to be that way. But we do have a number of plans and strategies in place that are designed both to prevent the spread of the infection in the community and to slow the spread of the infection in the community if it does arrive. So these public health interventions are not very sexy, they’re not very high tech. A lot of them are what we learned when we were in school about hand washing and staying home when you’re ill, and those are the kinds of things we’re really recommending now. Um... uh, two of the strategies that you have seen taking place in the community deal around isolation and quarantine, and these deal with limitations of movement for people. They’re similar but different. The isolation is for people that are confirmed ill. You isolate them and... and prevent them from infecting other people that are close to them. It’s actually a very common thing done for infectious disease. Quarantine is a little more sever, and that is restricting the movement of somebody that might have been exposed to a communicable disease to see if they develop that. That’s a much more serious thing that... that we undertake, and we’ll see changes in these... in... uh... in these isolation and quarantine procedures as the outbreak proceeds through Ohio... or proceeds through the United States. So I just want to caution that really the greatest problem with an outbreak like this is not an epidemic of the virus itself, but an epidemic of fear. And so as we look at these media reports that come to us virtually non-stop, you know, it’s heightens our sense of... of doom, and so I just want to caution everybody that, you know, the Health Department does have very specific plans and policies in place. They’ll deal with communicable disease outbreaks, they’re designed to slow and mitigate the effects of that in the community and we are working... working those plans and working them on behalf of the community. And I appreciate everybody’s support for that. If the... I’ve always said if the Health Department does its job well, nothing happens, nobody gets sick, everybody goes to school, everybody goes to work. You know, but sometimes when you have an outbreak situation, you know, these things kinda come up and... and they’re more, you know, they’re more out there than... than what you would normally. So, we are working on it and we work on every day, and if COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -103- MINUTES OF THE MEETING MARCH 2, 2020 anybody has any questions, I’ll always be able to try to answer them the best I can. So thank you. PRESIDENT SHERER: Thank you, Mr. Adams. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have two for this evening. Mr. Clerk, would you please read Informal Resolution #16 by title. #16. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SERVICE DIRECTOR TO OPEN PURCHASE ORDER IN AMOUNT NOT TO EXCEED $28,734.00 TO FALLSWAY EQUIPMENT COMPANY FOR PURCHASE OF LIFT TRUCK (WATER DEPT). - ADOPTED PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #16. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #16 is adopted. Resolution #17, please. #17. COUNCIL-AS-A-WHOLE: AN INFORMAL RESOLUTION AUTHORIZING LAW DEPT TO ACCEPT ONE OHIO MEMORANDUM OF UNDERSTANDING REGARDING THE PURSUIT AND USE OF POTENTIAL OPIOID LITIGATION SETTLEMENT FUNDS. - ADOPTED PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #17. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #17 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #17 is adopted. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -104- MINUTES OF THE MEETING MARCH 2, 2020 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 MARCH 2, 2020. 89. AUDITOR MALLONN: REQ LEGISLATION FOR RE-ISSUANCE AND SALE OF ECONOMIC DEVELOPMENT REVENUE BOND ANTICIPATION NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $3,750,000.00 (EXPIRING NOTE APPV’D VIA O#40/2019, PAYMENT DUE 4/9/20, FUND 1154). - FINANCE COMMITTEE 90. AUDITOR MALLONN: REQ LEGISLATION FOR RE-ISSUANCE AND SALE OF GENERAL OB BUILDING IMPROVEMENT BOND ANTICIPATION NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $3,500,000.00 (EXPIRING NOTE APPV’D VIA O#41/2019, PAYMENT DUE 4/9/20, FUND 4504). - FINANCE COMMITTEE 91. AUDITOR MALLONN: REQ LEGISLATION FOR RE-ISSUANCE AND SALE OF GENERAL OB JUDGMENT BOND ANTICIPATION NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $800,000.00 (EXPIRING NOTE APPV’D VIA O#42/2019, PAYMENT DUE 4/9/20, FUND 1105). - FINANCE COMMITTEE 92. AUDITOR MALLONN: REQ LEGISLATION FOR ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTE IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $1,525,000.00 (CURRENT NOTE APPV’D VIA O#43/2019 (HERCULES), PAYMENT DUE 4/9/20, FUND 1156). - FINANCE COMMITTEE 93. SERVICE DIRECTOR HIGHMAN: APPROVE RESOLUTION AUTH SERV DIR TO OPEN PURCH ORDER IN AMT OF $28,734.00 TO FALLSWAY EQUIPMENT COMPANY FOR PURCH OF A LIFT TRUCK (WATER DEPT). - RECEIVED & FILED 94. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY CONTRACTS NECESSARY FOR PURCH OF ONE (1) 4X4 SHORT BED PICKUP TRUCK, ONE (1) 4X4 PICKUP TRUCK WITH UTILITY BOX, ONE (1) 4X4 LONG BED PICKUP TRUCK, ONE (1) FULL SIZE CARGO VAN, ONE (1) BACKHOE; ALTERNATIVELY AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY CONTRACTS NECESSARY FOR PURCH OF SAID ITEMS IN ACCORD WITH ANY PROCUREMENT PROCESS AUTH BY O.R.C. OR CANTON COD ORD; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (FOR WATER DEPT.) - PUBLIC PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES 95. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR JANUARY, 2020. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -105- MINUTES OF THE MEETING MARCH 2, 2020 96. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS FOR AMBULANCE LOCK BOX ACCT FOR JANUARY 2020. - RECEIVED & FILED 97. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF JANUARY 31, 2020. - RECEIVED & FILED 98. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF JANUARY 31, 2020. - RECEIVED & FILED ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #10; FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #10 ADOPTED): #1. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 100/2011, AS AMENDED, TO ESTABLISH THE ATTACHED EXHIBIT AS THE CLASSIFICATION PLAN FOR THE AUDITORS OFFICE MANAGEMENT AND NON-BARGAINING PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (INCREASE MIN/MAX FOR GRADE 002-SA- SALARY AUDITOR BY 1% FACTOR, ADDT’L $0.1773 AND $0.2996 FR CURRENT MIN/MAX AMTS) Referred to Personnel and Finance Committees #2. (1ST RDG) AN ORDINANCE ADOPTING THE 2020 ANNUAL APPROPRIATIONS FOR THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY ($39,000.00 - WITHOUT OPOTA CERT, $40,000.00 - WITH OPOTA CERT, UNIFORMS PROVIDED UPON HIRE AS DETERMINED BY CHIEF OF POLICE) Referred to Personnel and Finance Committees #4. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (ANY COMBINATION OF INFO CLERKS AND ADMIN CLERKS UP TO TOTAL OF 13 IN POLICE DEPT) Referred to Personnel and Finance Committees COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -106- MINUTES OF THE MEETING MARCH 2, 2020 #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $9,942.90 TO SUMMIT TESTING & INSPECTION CO.; AND DECLARING THE SAME TO BE AN EMERGENCY (PROF SERVS RENDERED AT CENTENNIAL PLAZA) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING THE HIRING OF MR. DYLAN PEOPLES, P.E. AS ENGINEER II IN THE WATER DEPARTMENT AT AN ANNUAL SALARY OF $72,722; AND DECLARING THE SAME TO BE AN EMERGENCY (2 WKS VACATION) Referred to Personnel and Finance Committees #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LEASE AGREEMENT WITH THE OHIO POWER COMPANY FOR THE USE OF THE PARKING LOT LOCATED AT PARCEL NO. 242262; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES FOR SERVICES PERFORMED BY AND/OR ON BEHALF OF THE CITY OF CANTON ENGINEERING DEPARTMENT, URBAN FORESTRY DIVISION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #9. (1ST RDG) AN ORDINANCE AUTHORIZING THE APPROPRIATE OFFICIAL(S) TO: PURCHASE AND/OR LEASE VARIOUS TITLED VEHICLES; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THOSE PURCHASES AND ANY PROJECTS DESCRIBED IN EXHIBIT A THAT EXCEED ANY APPLICABLE DOLLAR AMOUNT THRESHOLD(S); ALTERNATIVELY ENTER INTO CONTRACT FOR THE PURCHASES AND PROJECTS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS DESCRIBED IN EXHIBIT A; WAIVES THE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORDINANCE 105.09 FOR PURCHASES APPROVED THROUGH THIS ORDINANCE; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,747,110.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 102001 POLICE ADMIN - OTHER - $207,500.00, TO 4501 103001 FIRE ADMIN - OTHER - $150,000.00, TO 4501 202001 ENGINEERING ADMIN - OTHER - $425,000.00, TO 4501 204010 OTHER BUILDINGS - OTHER - $474,600.00, TO 4501 208001 MOTOR VEHICLE ADMIN - OTHER - $61,225.00, TO 4501 301001 HEALTH ADMIN - OTHER - $133,325.00, TO 4501 501101 HUMAN RESOURCES - OTHER - $21,835.00, TO 4501 504010 INFORMATIONAL TECHNOLOGY - OTHER - $150,000.00, TO 4501 701001 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -107- MINUTES OF THE MEETING MARCH 2, 2020 COURTS - OTHER - $70,000.00, TO 4501 753001 LAW ADMIN - OTHER - $6,900.00, TO 4501 852001 TREASURER ADMIN - OTHER - $46,725.00; $1,270,000.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASES FUND TO 4502 102001 POLICE ADMIN - OTHER - $295,000.00, TO 4502 103001 FIRE ADMIN - OTHER - $525,000.00, TO 4502 202001 ENGINEERING ADMIN - OTHER - $25,000.00, TO 4502 202210 MAINTENANCE - OTHER - $400,000.00, TO 4502 504010 INFORMATION TECHNOLOGY - OTHER - $25,000.00) Referred to Public Property Capital Improvement and Finance Committees #10. (1ST RDG) ADOPTED AS ORDINANCE NO. 36/2020 AN ORDINANCE APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFSCME LOCAL 3449 AND OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY (EFFECTIVE FR 1/1/20 TO 12/31/21) Referred to Finance and Personnel Committees PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Finance and Personnel Committees to meet in regar... in regard to Ordinance #10 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:11 PM FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS O#10; RECONVENED AT 7:17 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move that we suspend Rule 22A and add Ordinance #10 back to the agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinance #10 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President. PRESIDENT SHERER: Ordinance #10 is a legal part of your agenda, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we suspend statutory three readings of Ordinance #10. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -108- MINUTES OF THE MEETING MARCH 2, 2020 PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #10. Are there any remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention. PRESIDENT SHERER: You’ve heard the three readings, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move that we adopt Ordinance #10. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #10. Are there any remarks under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention. #10 ADOPTED AS ORDINANCE NO. 36/2020 PRESIDENT SHERER: Ordinance #10 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 #11. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #11 THROUGH #13 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #11. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 200589 - 200597, 242483 & 242485, 1250 BEDFORD AVE SW FOR RICHARD MARINO ON BEHALF OF SHERRY TOTH, INC. FR I-1, LIGHT INDUSTRIAL TO PI-2, PLANNED HEAVY INDUSTRIAL) PUB HRG 3/9/20 @ 7:00 PM #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN THE AMOUNT OF $37,007.11 TO STARK COUNTY COMMUNITY ACTION AGENCY FOR WORK PERFORMED AS PART OF THE YOUTH CAREER EXPLORATION PROGRAM; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -109- MINUTES OF THE MEETING MARCH 2, 2020 #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH THE STARK COUNTY, OHIO, AUDITOR AND AUTOMATED DATA PROCESSING BOARD OF STARK COUNTY, OHIO, FOR GEOGRAPHIC INFORMATION SYSTEMS COORDINATION SERVICES; 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. MEMBER SMUCKLER: Mr. President, I move we... oh, I’m... (microphone shuts off) NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #14 THROUGH #20 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 37/2020 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $175,000.00 TO THE CANTON REGIONAL CHAMBER OF COMMERCE FOR ECONOMIC DEVELOPMENT SERVICES; AUTHORIZING THE MAYOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH THE CANTON REGIONAL CHAMBER OF COMMERCE; AND DECLARING THE SAME TO BE AN EMERGENCY (SERVS PERFORMED IN 2019) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: 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? MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Thank you. Okay, a moral ob for $175,000.00 on a professional service agreement that was never executed. One question, General Fund dollars or Comprehensive Plan dollars? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Deputy Mayor. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -110- MINUTES OF THE MEETING MARCH 2, 2020 DEPUTY MAYOR WILLIAMS: Uh, that would be General Fund dollars. General Fund dollars. MEMBER MORRIS: Thank you, Deputy Mayor. Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Okay, I’d like to thank the Chamber of Commerce for passing out this handout last week with a detailed list of everything that they did in the community. Uh, I do stand corrected, however it does not change my opinion of the Chamber of Commerce. I just stand corrected on the fact that they are doing economic and community development. However, after reviewing this detailed list... conduct board meetings for the DCLB, Downtown Canton Land Bank controlled by the Chamber of Commerce, conducted board meetings for the SID controlled by the Chamber of Commerce, met with a tenant at 236 Walnut Avenue, discuss future rents, property owned by the Chamber of Commerce, met with a realtor to discuss another building, property owned by the Chamber of Commerce. It seems like the vast majority of what the Chamber of Commerce has done is... yes, they are promoting downtown development. And they are, they are working their butts off to lease buildings and develop downtown. What I find ironic is a lot of what they’re promoting is owned by them. For example, the DCLB actually owns 35 properties in Canton. The SID’s, we all know that that covers quite a few businesses that fall in there. So yes, they are doing economic and community development, but I think that it’s about time this government starts looking at hiring somebody to attend meetings on our behalf for us, employed by us, because the type of economic and community development we’re getting from them, I think we could provide that service to ourself. So I’ll be voting no on this as well as Ordinance #15. Thank you. PRESIDENT SHERER: Thank you, Member Morris. Are there any additional remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 1 NAY, 1 ABSTENTION (MEMBER MORRIS VOTED NO, MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Ten yeas, one nay, one abstention. #14 ADOPTED AS ORDINANCE NO. 37/2020 PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Ordinance #15, please. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 38/2020 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A TWO-YEAR PROFESSIONAL SERVICES AGREEMENT WITH THE CANTON REGIONAL CHAMBER OF COMMERCE IN AN AMOUNT NOT TO EXCEED $175,000.00 PER YEAR FOR THE YEARS 2020 AND 2021 FOR THE PURPOSE OF ADVANCING, ENCOURAGING AND PROMOTING THE INDUSTRIAL, ECONOMIC, COMMERCIAL AND CIVIC DEVELOPMENT OF THE COMMUNITY; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smuckler. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -111- MINUTES OF THE MEETING MARCH 2, 2020 MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance number... #15. Are there any remarks? MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Deputy Mayor, same question, General Fund or Comprehensive Plan dollars? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: General Fund. MEMBER MORRIS: Thank you. PRESIDENT SHERER: Are there any additional remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 1 NAY, 1 ABSTENTION (MEMBER MORRIS VOTED NO, MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Ten yeas, one nay, one abstention. #15 ADOPTED AS ORDINANCE NO. 38/2020 PRESIDENT SHERER: Motion carries and Ordinance #15 is adopted. Ordinance #16, please. #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 39/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR, ENTER INTO AGREEMENT FOR AND RECEIVE LEAD HAZARD REDUCTION GRANT FUNDS IN THE AMOUNT OF $3,000,000.00 AND HEALTHY HOMES GRANT FUNDS IN THE AMOUNT OF $300,000.00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZES THE AUDITOR TO ESTABLISH AND CREATE THE 2218 LEAD HAZARD REDUCTION FUND AND THE 2223 HEALTHY HOME FUND; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF THE PROGRAM DURING THE GRANT PERIOD; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($220,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -112- MINUTES OF THE MEETING MARCH 2, 2020 - OTHER; $800,000.00 SUPP APPROP FR UNAPPROP BAL OF 2218 LEAD HAZARD REDUCTION FUNDS TO 2218 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 2223 HEALTHY HOME FUND TO 2223 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER; $220,000.00 INTER-FUND TRF FR 1001 506001 COMMUNITY DEVELOPMENT ADMIN - TRF OUT TO 2218 506001 COMMUNITY DEVELOPMENT ADMIN - TRF IN - $200,000.00, TO 2223 506001 COMMUNITY DEVELOPMENT ADMIN - TRF IN - $20,000.00) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: 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. 39/2020 PRESIDENT SHERER: Motion carries and Ordinance #16 is adopted. Ordinance #17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 40/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A PARKING LEASE AGREEMENT WITH SCHAUER INDEPENDENT INSURANCE SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY (MILLENNIUM PARKING GARAGE - 10 YRS) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded... it’s been moved and seconded to adopt Ordinance #17. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER MARIOL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention. #17 ADOPTED AS ORDINANCE NO. 40/2020 COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -113- MINUTES OF THE MEETING MARCH 2, 2020 PRESIDENT SHERER: Motion carries and Ordinance #17 is adopted. Ordinance #18, please. #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 41/2020 AN ORDINANCE ALLOWING THE TRANSFER OF THE UNUSED STIMULUS GRANT FUNDS THAT REMAINED IN THIS FUND TO THE GENERAL FUND; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($7441.72 SUPP APPROP FR UNAPPROP BAL OF 2780 FY19 BULLET PROOF VEST PARTNERS GRANT FUND TO 2780 102009 POLICE - 2009 STIMULUS - OTHER; $7441.72 INTER-FUND TRF FR 2780 102009 POLICE - 2009 STIMULUS - TRF OUT TO 1001 102001 POLICE ADMIN - TRF IN) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: 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. 41/2020 PRESIDENT SHERER: Motion carries and Ordinance #18 is adopted. Ordinance #19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 42/2020 AN ORDINANCE AUTHORIZING AN ANNUAL SALARY OF $56,000.00 FOR THE POLICE DEPARTMENT FISCAL MANAGER HIRE WITH TEN DAYS OF VACATION IN 2020 AND RETURNING TO THE APPLICABLE CITY VACATION SCHEDULE IN 2021; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance 19. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #19. 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 -114- MINUTES OF THE MEETING MARCH 2, 2020 #19 ADOPTED AS ORDINANCE NO. 42/2020 PRESIDENT SHERER: Motion carries and Ordinance #19 is adopted. Ordinance #20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 43/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $58,756.00 IN GRANT FUNDS FROM THE US DEPARTMENT OF JUSTICE/BUREAU OF JUSTICE ASSISTANCE; AUTHORIZING THE AUDITOR TO CREATE THE 2793 US DEPARTMENT OF JUSTICE/BUREAU OF JUSTICE ASSISTANCE FUND; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE HUNDRED (100) BODY WORN CAMERAS, INCLUDING ALL NECESSARY EQUIPMENT, SERVER LICENSE, WARRANTY AND TRAINING AND THE PURCHASE OF SIX (6) IN-CAR VIDEO SYSTEMS WITH EXTENDED WARRANTY; OR TO ALTERNATIVELY PURCHASE SAID ITEMS IN ACCORDANCE WITH OHIO REVISED CODE OR THE CANTON CODIFIED ORDINANCES; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #20. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #20. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 43/2020 PRESIDENT SHERER: Motion carries and Ordinance #20 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Finance will meet March 9th at 5:45 here in Council Chambers. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -115- MINUTES OF THE MEETING MARCH 2, 2020 MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Personnel, same time, same place. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement, same time, same place. PRESIDENT SHERER: Thank you. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Uh, Mr. Adams from the Health Department will be making a presentation on the Coronavirus next Monday night. PRESIDENT SHERER: Thank you, Leader. CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: Clerk Dougherty. CLERK DOUGHERTY: Law Department is requesting Executive Session. LAW DIRECTOR BATES AYLWARD: Yes, I would ask for an Executive Session to discuss pending litigation. PRESIDENT SHERER: Thank you, Law Director. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMUCKLER: Uh, Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: I’d like to call on Member Fisher to make a proposal for this evening. Don’t stare at me like that, Mr. Green Thumb. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -116- MINUTES OF THE MEETING MARCH 2, 2020 MEMBER FISHER: (Inaudible) (Laughter) Uh, I propose City Council adopts one of the landscape gardens down at the park. Uh, my Youth Council will be doing the same thing. I think it would look really bad for City Council if the kids do it, we don’t. So... and that will be like once a month during the summer, you know, go down there, pull some weeds, pick up some garbage. You know, stir up the mulch, make it look better, whatever, so... you all just got voluntold. PRESIDENT SHERER: Not volunteer, voluntold, correct? Thank... thank you Mem... thank you, Member Fisher. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: I would pay to see Jim Babcock in a suit down there on the... working with the Green Thumb. MEMBER BABCOCK: Like I said, green thread. (Laughter) PRESIDENT SHERER: I do have one thing that I... I would like to bring up under Miscellaneous Business. You know, I think some of our Council Members are kinda divided whether to support the school levy, and I know we decided not to bring that before Council, but I just want to let the record show that I am supporting that because if we want single families to want to raise their kids here, the first think they’re gonna do is look at the school system. No matter how you look at, we’re all trying to make Canton better, but we’re interconnected whether we like it or not. Absolutely we are. And I just would appreciate everybody’s support because this is very important for our community, and that’s all I wanted to say. MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I too dido what you just said, and I too publicly support the school levy. I’ve also did commercials for it too. So, you all look for me on TV. Thank you. (Laughter) PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? MEMBER KIMBROUGH: Um... PRESIDENT SHERER: Member Kimbrough. MEMBER KIMBROUGH: I... I’d like to say that the... (inaudible) program that was on and the Black and White Ball (inaudible) wonderful... (inaudible) the speaker was very good. And lastly I’d like to say that we must all be counted for... PRESIDENT SHERER: Absolutely. Clerk Dougherty, our quote for the week, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -117- MINUTES OF THE MEETING MARCH 2, 2020 CLERK DOUGHERTY: “Don’t let rejection create self-doubt. The founder of Starbucks was turned down by 217 of the 242 investors he initially spoke with.” - Elizabeth Galbut MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: 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: Thank you for coming this evening. (Gavel falls). ADJOURNMENT TIME: 7:32 PM ATTEST: 3/2/20 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT