City Council

COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -53- MINUTES OF THE MEETING FEBRUARY 10, 2020 PRESIDENT SHERER: I want to welcome everybody tonight. With a quorum 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 yeas, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Ward 2 Council Member, Brenda Kimbrough. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on February 10, 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 Brenda Kimbrough, Ward 2 Council Member. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Kimbrough. AGENDA CORRECTIONS & CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes, Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to add 2nd Readings of Ordinances 10 through 21 to tonight’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings of Ordinances 10 through 21 to this evening’s agenda. Are there any remarks? ...Hearing none, roll call vote. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 10 through 21 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hear... Hearings and we have one for this evening. Mr. Clerk, would you please announce the Public Hearing. CLERK DOUGHERTY: AN ORDINANCE AUTHORIZING THE ESTABLISHMENT OF A COMMUNITY ENTERTAINMENT DISTRICT AND DESIGNATING CERTAIN PROPERTY IN THE COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -54- MINUTES OF THE MEETING FEBRUARY 10, 2020 CITY OF CANTON AS COMMUNITY ENTERTAINMENT DISTRICT PURSUANT TO ORC SECTION 4301.80. PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this designation, please step forward. Would you please give us your name and residential address, please. ROB HANKINS: My name is Rob Hankins. I live at 5616 West Boulevard NW. I... I’m Rob Hankins, Director of the Arts In Stark. Um, the Community Entertainment District legislation is critical to where downtown is headed next. The last twelve years we partnered with the Chamber of Commerce building the Canton Music Block, a hundred new pieces of public art, a hundred and sixty First Fridays for two hundred and twenty thousand people. A year and a half ago we started the Canton Music Block with live music every Saturday at six to eight different venues. This is the 50th anniversary of the Cultural Center. Celenial... uh, Centennial Plaza will be unveiled this Fall. Downtown is so close to being at the tipping point. This legislation is going to help. There are at least three new entities, Fromage du Monde, the Game Bar Café and the café in Centennial Plaza that needs this legislation. These are not bar bars, these are wine and cheese bars, these are wine and game bars. These are gonna fill in the holes and the empty teeth that downtown needs. I urge your passage. PRESIDENT SHERER: Thank you. Is there anyone else in the audience wishing to speak for or against this designation, please step forward. I must repeat, is there anyone else wishing to speak for or against this designation, please step forward. Seeing no one else step forward, the Chair declares the Public Hearing over in regard to this matter. The matter now rests in the hands of Council. The Ordinance will follow later this evening. OLD BUSINESS PRESIDENT SHERER: We’re now under Old Business and there is no Old Business this evening. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Before you move on, I make a motion we go into Executive Session with the Law Department, the Administration, all of City Council. Kris, am I missing anybody? PRESIDENT SHERER: Law Director. LAW DIRECTOR BATES AYLWARD: Inaudible. PRESIDENT SHERER: That’s alright. MEMBER SMUCKLER: I just said City Council, Law Director, staff of the Law Department, the Mayor’s Office... anyone else I’m missing to go into Executive Session? LAW DIRECTOR BATES AYLWARD: No, we would like to go to Executive Session with the Clerk of Council and his staff, anyone from the Mayor’s Administration that he would like there, my office staff COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -55- MINUTES OF THE MEETING FEBRUARY 10, 2020 including Vivianne Duffrin. Obviously it is for the purposes of discussing a collective bargaining agreement. MEMBER SMUCKLER: So moved. MEMBER BABCOCK: Second. PRESIDENT SHERER: Motion’s been made and seconded to go into Executive Session. Are there any questions on the motion? Roll call please, Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: Council is now in Executive Session. (COUNCIL RECESSED AT 7:13 PM FOR EXECUTIVE SESSION; RECONVENED AT 7:25 PM) PRESIDENT SHERER: Majority Leader. (Gavel falls). MEMBER SMUCKLER: Mr. President, I move that we come out of Executive Session. MEMBER BABCOCK: Second. PRESIDENT SHERER: Motion’s been made and seconded to come out of Executive Session. Mr. Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, you’re out of Executive Session. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have 13 speakers for this evening. UNIDENTIFIED VOICE: Wow! PRESIDENT SHERER: I really do appreciate everybody that had showed up tonight, but I do want to remind you if you signed up for Public Speaks, you have three minutes and try to be respectful of everybody else that would like to speak in front of Council tonight. Our first speaker is Laura Simon. Laura, could you please step forward and give us your name and residential address, please. LAURA SIMON: My name is Laura J. Simon. I live at 520 32nd Street NW, Canton. It was brought to my attention yesterday that there was something fishy going on on 30th Street, the Arthur Cirelli property. The last time I was... talked in front of Council, there was something fishy going on. And that was three or four years ago on taxes. What brings me to here is that this is now an emergency. The letter that I saw started January 9th. This is thirty days. This is not an emergency. To give away property quickly without anybody knowing anything. The neighbor, I have been told, did not know that this property was going up for non- COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -56- MINUTES OF THE MEETING FEBRUARY 10, 2020 sale. If you think retail is going to come in on 30th Street there, we have retail that’s empty. Nobody is coming. Nobody has taken over the movie theater. Has anybody gone into the Marc’s? Where are you going to find more retail? We have plenty of rental properties in Canton, Ohio that we do not need forty more apartments. This is crazy that we don’t take care of the vacancy that we already have in Canton, Ohio. UNIDENTIFIED VOICE: Good job. (Applause) PRESIDENT SHERER: Thank you. Our next speaker for tonight is Stephanie Sweany. Stephanie, could you please step forward and give us your name and residential address, please. STEPHANIE SWEANY: Stephanie Sweany, I live at 123 17th Street NW, and I will be brief since we have so many speakers. Uh, I came here last year representing the Canton Kindness Coalition. Uh, the Canton Kindness Coalition is an organization that I started in November of 2018, and it was right around this time last year I came and told everyone about Random Acts of Kindness Week. Uh, so that is next week and we have different things and events happening all throughout the City, so I just want to encourage everyone to go out into their wards and do different acts of kindness and just tag us and use our hashtags so we can kinda see how the City is getting involved in this movement. Uh, we’ve done a lot in the community since our founding. Uh, one of our biggest events that we did was we organized a birthday box drive and we provided a birthday party in a box for ninety children over at Tiqvah Hands of Hope. Uh, we’ve done soup (inaudible) events where our members make homemade soup and give them to different homeless shelters across the community. So I’m just here to encourage everybody to participate in that, and I did want to give everyone our schedule just so you kinda know what we are having going on. Uh, I know we have something going on in John Mariol’s ward over at the Starbuck’s on 30th and something in Brenda’s ward as well at... over at Carpe Diem, so I’ll pass this around and then one of our members, Barb, who owns Cantonology, she has a little gift for everybody. Thank you. PRESIDENT SHERER: Thank you, Ms. Sweany. (Applause) (Brief pause) Our next speaker for this evening is Kim Perez. Mr. Perez, can you please step forward, give us your name and residential address, please. KIM PEREZ: Kim Perez, 509 36th Street NW, Canton, Ohio 44709. I live in Market Heights. And I’m just here to share a little history. Back when I served in City Council in ‘88, ‘89, ‘90, ‘91, a senior high rise was a senior high rise. That’s where the seniors went and lived, they lived in a comfortable place, they wasn’t scared, they was... there was no other people in the building besides seniors. Well, the Federal Government stepped in and took that away from them. Senior high rises are no longer senior high rises. Anybody that collects S.S., Social Security Disability, is available to live in the same houses with senior high rises. That created a problem with me when I was a councilman and I fought it then, I’m fighting it now. Until the Congress gets the hell out of zoning in Stark County and Canton, Ohio and allows us to develop senior housing as first developed where seniors lived in the same building and didn’t add the S.S. Disability and everything else... Disability kind of attracts kinda of a dis... different crowd to some of these housing units. I have seniors that are scared to leave their apartments in these buildings because of the environment in the buildings. And it’s still gone on today. You guys remember when Mayfield Center was a senior housing? Do you remember when Canton Towers was senior housing? Do you remember when Stark Metropolitan Housing on McKinley Avenue was senior housing? Those were good times for seniors. Those times has left cause of changes were made. They can make these changes whenever because look at the ones that fell and COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -57- MINUTES OF THE MEETING FEBRUARY 10, 2020 look at the ones that are here now. That should be a description for everybody on where senior housing or high housing or where higher and med... medium income can go. It means these rules change, so we might be in favor today and not in favor tomorrow because of the rules change. And when the rules change or ownership changes, like Mayfield Center, that means everything inside that unit changes. It means your neighborhood changes and everything else, and I don’t speak to a lot, but I will speak when it comes to my neighborhood. Thank you. (Applause) PRESIDENT SHERER: Thank you, Mr. Perez. Our next speaker is Andrew Reo? ANDREW REO: Correct. PRESIDENT SHERER: Andrew, could you please step forward and give us your name and residential address, please. ANDREW REO: Um, Andrew Reo. I live at 403 32nd Street NW, and I’m involved in the Market Heights Neighborhood Association. I compile the crime reports for the Association using the link on the police department’s website. Um, I made the Association aware that there were a hundred and five police incidents at the Tower at 716 30th Street last year, uh, calendar year 2019. Um, I think there were fifteen incidents in January at the Tower or from January to February 5th, and in comparison to Market Heights, there were zero incidents. Um, there... the incidents from Market Heights were three accidents on 30th Street and one traffic accident with... excuse me, within the boundary. So my concern is that if housing is built on the lot of... or the property where the Cirelli building is, is that the incidents will increase. Um, and it will have a negative impact on the Market Heights neighborhood. Thank you. PRESIDENT SHERER: Thank you, Mr. Reo. (Applause) Next speaker for tonight is Bob Forchione. Mr. Forchione, could you please step forward and give us your name and residential address, please. BOB FORCHIONE: Uh, my name’s Bob Forchione, 1009 49th Street NW, Canton, Ohio, and I’m here... uh, I work next door at Rossi Funeral Home. Okay, and it’s a family business and I’ve been there since 1974. My grandfather built the business. He started here in 1924 down on East Tusc, and he built up there on 30th Street in 1956. There was nothing there. Uh, 30th Street has grown since I’ve been around. It’s been a nice area, it still is a nice area. Uh, I know next door at the high rise, where the old folks used to be, a senior citizens complex, now it’s a little different. Uh, we have problems there. We have people coming into our parking lot, walking around, parking their cars, and have other people coming in to the funeral home asking for money, and you know, I... I... I understand what you’re trying to do next door, it... it’s kinda bad, but the retail’s fine but housing... you know, I... I’ve been at the funeral home for... since 1974 and I’ve seen a lot of changes, and next door I’ve seen a big change. And... and... and what I see... what might happen if you put them hous... housing... the housing there, it’s gonna be the same thing. I got my daughter, she... she’s a mortician, an embalmer, and... and when I did it by myself, I used to, you know, we’d get calls in the middle of the night and I’d go, you know, middle of the night to do my embalming, whatever. I... I won’t let her go up there now. And you know, it’s... it has become unsafe with... with the way things are next door, so this is all I got to say and thank you. (Applause) PRESIDENT SHERER: Thank you, Mr. Forchione. Next speaker tonight is Elaine Poulos. Ms. Poulos, could you please step forward and give us your name and residential address, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -58- MINUTES OF THE MEETING FEBRUARY 10, 2020 ELAINE POULOS: Elaine Poulos, 716 30th Street NW, Apartment 507, I’m a resident of Metropolitan Housing. Thank you all for everything you do for the residents there, for those of you that are involved. I just want to take a good look at what you call transparency, okay, and bring your attention to the fourth paragraph on this sheet, Deputy Mayor, where it indicates some negativity... uh, major negativity of anyone who happens to be living there. Since I live there, for the past twelve years, sir, I... I have a better than average understanding of how the people deal with an... their everyday lives, and yes, I want to also reiterate the fact that it was originally for the senior citizens. It was encouraging, it gave you hope. You know, you were there, what you can really afford paying that and maybe even getting something extra with the little funds that you may have left over. Well, overs... over the years they’ve changed that and now it’s 30% of your income is for rent, and that does put a squeeze on you, we know it’s gonna get higher. So if that could be reversed in any way, that would be ideal. But, realistically, that picture that you showed is very colorful and the architect who... who designed it did a great job, it’s very impressive, okay, but it’s... uh, it’s a fantasy unfortunately, and it’s more Sesame Street than Stark County. So let’s really take a good clear look at what’s happening. Who would want to move in to an area when you’re reading this fourth paragraph here where it talks about the undesirables and the crime that happens, the EMS which I’ve seen, having them called twice in one day. Um, and I do sympathize also with Mr. Forchione and the Rossi Funeral people who are trying to run a business there and their hands are tied. I mean, they’re intimidated constantly. Uh, where are the people gonna go? They... they... they have to walk to Marc’s, but we don’t have a... uh, a light even. There’s a mile between Harvard and Marc’s. You figure it out, okay, that’s a long walk, but even if you walk from the building to Marc’s, it’s a long walk. If the City could at least put a light up there and... and pave across the street so people could walk across. Just think about it for a minute, that’s all, because there might not be any action, but let your conscious sort of guide you at this point in time. Thank you for your time. (Applause) PRESIDENT SHERER: Thank you, Ms. Poulos. ELAINE POULOS: You’re welcome. PRESIDENT SHERER: Our next speaker is Jennifer Pine. Did I get it right? Jennifer, can you please give us your name and resident... residential address, please. JENNIFER PINE: Jennifer Pine, 409 30th Street NW. Actually, my house is on the corner of 30th and Harvard, which I get multiple accidents, at least once a week, it could be more. So you’re going to build this new complex right up the road from me? That’s going to increase the traffic flow. What are you going to do about that? There’s more accidents there. As a matter of fact, two months ago... three months ago, I was hit pulling out of my driveway. A young girl ran the light there at 30th and Harvard. When is that gonna stop? I want to be able to move. Right now my home is appraised about one forty. What’s that gonna do to our property value in Market Heights? We have a beautiful neighborhood. I teach in the city schools. A lot of people are like oh, you’re from Market Heights, they think I’m like very well to do. I’m not, but my husband chose that neighborhood because it’s a good neighborhood. We have a park. We have neighbors that look out for each other. We have low crime. You’re gonna build this beautiful thing, that’s great, who’s gonna go there? Why not take this idea and go behind Arts Academy. I know a lady very well in this community, Ms. Betty Smith, she’s had several homes torn down over there, Mr. Mayor. She’s walked that community with you. Build something like that over there for our town to look at and those people to enjoy, not 30th Street. Come up with another idea because you’re gonna increase traffic flow, and there’s more accidents along with COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -59- MINUTES OF THE MEETING FEBRUARY 10, 2020 Mason Elementary right across the street. Little children walk to school everyday and walk home. What’s gonna happen if one of your kids get hit? Oh, that’s right, you probably don’t live in Market Heights so you wouldn’t care. I do. I see the accidents. I live on 30th Street. I make those calls. That’s all I have to say. I think it’s a mistake. (Applause) PRESIDENT SHERER: Thank you, Mrs. Pine. JENNIFER PINE: You’re welcome. PRESIDENT SHERER: Our next speaker is Christine Breslin. And hopefully I got that right. CHRISTINE BRESLIN: You did. (Inaudible) PRESIDENT SHERER: Christine, can you please step forward and give us your name and residential address, please. CHRISTINE BRESLIN: Uh, it’s Christine Breslin, 216 33rd Street NW. Um, I also grew up on 241 34th Street since I was like ten years old, so I’ve lived there a very long time. Um, my biggest concern is crime and that overflowing into our neighborhood. I mean, I know that everybody thinks that it won’t, but really most of you probably don’t live there, so most of you don’t see what already happens over there. Um, I’ve been... I do home health, so I’ve been in those high rises over there. They’re terrible. Like they’re really awful. And like someone else said, I’ve had people that are scared to leave there because you never know what’s gonna happen when you walk out of there. That’s the problem, so... um, and I find it hard to believe that if you guys put those apartments in, eight hundred dollars to eleven hundred dollars a month, is what we’re saying, right, as... in terms of what it’s gonna cost for people to rent? Why would somebody pay eight hundred to eleven hundred dollars a month to stay in Canton City. We don’t have great schools. There is no pool to stay in Canton City. I don’t send my kids to Canton City because it’s not... it’s not a great area, it’s just not. It’s... it... it... you know, I just feel like there’s not enough... you’re not gonna have people that are gonna want to go there. People are not gonna want to pay that kind of money, and if you think... I mean, you guys make it sound like it’s not gonna be subsidized, but I can... that’s the only way I can imagine anybody would be there is if somebody was paying half of the cost, because no one’s gonna pay eight hundred to eleven hundred dollars to stay in a place that has no benefits. There’s no benefits to being there, so that’s how I feel about it, so that was all. Thanks. (Applause) PRESIDENT SHERER: Thank you, Ms. Breslin. Next speaker is Janet Hill. JANET HALL: Hall, Hall. PRESIDENT SHERER: Hall? Sorry about that. JANET HALL: Right. PRESIDENT SHERER: Ms. Hall, could you please step forward and give us your name and residential address, please. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -60- MINUTES OF THE MEETING FEBRUARY 10, 2020 JANET HALL: Yeah, my name is Janet Hall and I live at 241 34th Street NW. Um, I’ve been in Mar... Market Heights for twenty years, twenty years this month. I... um, I’m definitely opposed to having subsidized apartments, which I heard tonight, subsidized apartments going up. I believe it’s only... with the crime that’s been established in that small area already with the police records and whatever, I have a definite fear that’s gonna overflow into our neighborhood. I wanted to stay in my neighborhood for some time, but I feel like I’m getting to the point that I’m almost being pushed to sell now because our property values, they’re gonna plummet. If that crime moves into our neighborhood, we’re done. I mean, and we invested a lot of time and a lot of money to have a decent house, a decent neighborhood. It’s quiet. We never see police. I don’t know if we have police half the time. I’m sure most of my neighbors can vouch there’s never police. You never see them, ever. And so it’s really quiet and we enjoy it like that. I just... I just feel like... um, and if you build these businesses to be on the front part of that property, what guarantees they’re gonna stay? There is no guarantee. And we don’t need any more restaurants and retails. We have enough of that on Cleveland Avenue, all up and down Cleveland Avenue. We don’t need that there. Like she pointed out with the traffic and the accidents. We’ve been hit a couple of... almost a couple of times just sitting there. It’s the people going down 30th Street that blows through the light on Harvard and 30th, and I mean, if you don’t actually sit there and... and count about ten after that light changes, you have a good chance you’re getting hit because people just... and like I said, there’s no police. It’s weird, it’s just the strangest... and so I... I just... I don’t know, I just... I think it’s a bad idea. I think it’s gonna bring down a lot of our values and a lot of us have put a lot into our homes to make it a nice place, and I think we’re gonna lose that. And if it goes up, I’m... I can’t... I’m probably not going to stay because I just... I... I don’t see no benefit of being in the city at this point then. That’s all I have to say. Thank you. (Applause) PRESIDENT SHERER: Thank you, Ms. Hall. Our next speaker is Angela Forchione. Ms. Forchione, could you please step forward and give us your name and residential address, please. ANGELA FORCHIONE: Hi, I’m Angela Forchione at 730 30th Street. I work at Rossi Funeral Home, which is already an established business for the City of Canton. Um, but my business is dependent very much on respect being in the... the funeral industry and I feel like we’re all here for the future of Canton, and I want my future to be in Canton, but it may not be if there’s a lacked of respect... a lacked... lack of respect coming from other people and it... it shows up upon us at the funeral home. When people come in through the parking lot, go through a funeral procession, that’s a lack of respect, it looks bad on us. When people come in through the parking lot drinking beers, it’s a lack of respect, it looks bad on us. Um, when people break into cars at calling hours, it’s a lack of respect, that looks bad on us. I want my future to stay in Canton and I feel like any type of building next to housing buildings is gonna affect our future there which is already an established business. And that’s all. Thank you. (Applause) PRESIDENT SHERER: Thank you, Ms. Forchione. Our next speaker is... I don’t want to misspell the last name, but it’s Bill (pronounces it “Sta-care-us”)? UNIDENTIFIED VOICE: Stathakaros (pronounces it “Stath-a-care-us”). SECOND UNIDENTIFIED VOICE: Stathakaros (pronounces it “Stath-a-care-us”). (Inaudible voices from the audience) PRESIDENT SHERER: Is Bill in attendance tonight? COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -61- MINUTES OF THE MEETING FEBRUARY 10, 2020 UNIDENTIFIED VOICE: Is Bill in the City? PRESIDENT SHERER: Okay. UNIDENTIFIED VOICE: No, I saw him leave. He left. PRESIDENT SHERER: Okay. Thank you. Our next speaker is Mr. Lou Giavasis. Mr. Giavasis, could you please give us your name and residential address, please. LOU GIAVASIS: My name is Louis... my name is Lou Giavasis. My address is 141 33rd Street NW in the Market Heights allotment. Good? Um, I... I came to speak on behalf of my neighborhood, and I sat through the Committee Meetings at the beginning and I had a short conversation with Mr. Williams out in the hallway. Um, there was some indications about some things being spread up around Facebook, and I’ll be the first one to admit that I was guilty of that. And there was a statement made in there... we don’t know where any of this stuff, like especially that I posted, come from. Well, give you a little bit of my background, I was a trustee in Plain Township for twenty-four years. I oversaw dozens and dozens of developments, residential and commercial alike. As a matter of fact, the last two projects I did before leaving Plain Township was the Earth Fare Shopping Center at Belden Village and the Oakwood... Oakwood Square Plaza. So I know exactly what this Council is looking and trying to do over there on 30th Street. But what I’m holding in my hand right here is a revised or a proposed ordinance. This is where I got my information from, and on this proposed ordinance, it says by the Mayor, Thomas M. Benabei. Section 1: The Mayor or Director of Public Service on behalf of the City of Canton is authorized and directed to enter into an Agreement with the Canton Community Impro... Improvement Corporation for the transfer of parcels, you know the numbers, located at 630 30th Street NW for the consideration of a dollar. The said property will subsequently be conveyed to the Giltz and Associates and repurposed for the property for Stark Metropolitan Housing. Now, Mr. Williams informed me before the regular meeting started that this one dollar was an error, was a typo of the fault of the Law Department. Um, so may I ask the Law Director that prepared this proposal... PRESIDENT SHERER: Mis... mis... LOU GIAVASIS: Was that dollar correct or was that a misprint? PRESIDENT SHERER: Mr. Giavasis, this is not... this is not set up for a debate. LOU GIAVASIS: Okay. PRESIDENT SHERER: You have... you have three minutes. LOU GIAVASIS: Alright. Um, but that’s where we got our information from, and we heard tonight about transparency. We live in a neighborhood adjacent to this proposed development. I found out about this two days ago. The letter on Canton City letterhead is dated January 9th. Where’s the transparency? Where’s the responsibility to the people that elected you to sit up here? When you’re gonna come in on the night of the meeting to vote on this proposal and talk about transparency when we’re just finding this out as a neighborhood within the last couple days. We haven’t had the chance or the input and now it’s being declared an emergency. That’s all I got to say. Thank you. (Applause) COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -62- MINUTES OF THE MEETING FEBRUARY 10, 2020 PRESIDENT SHERER: Thank you, Mr. Giavasis. And before we call our last speaker, I would like to recognize LaMar Sharpe and Be a Better Me Foundation, and I would like to thank... thank you, LaMar... LAMAR SHARPE: Thank you. PRESIDENT SHERER: ...for bringing the kids down tonight. (Applause) Our last speaker for this evening is Miss Kimberly Bell. Miss Bell, could you give us your name... your name and residential address, please. KIMBERLY BELL: Kimberly Bell. I live at 135 17th Street NW. Stephanie and I are neighbors. Um, Canton, Ohio 44703. When I walked in, he was talking and that was the most sensible thing I’ve heard Mr. Morris said since I’ve been coming to these meetings. Each one of you should be ashamed of yourself. You come in here and you’re talking about affordable housing, low income housing and... and... and market value housing. I live on 17th and Market. Used to be... it changed ownerships over years and years. I’ve been there fourteen years, and every lease renewal my rent goes up. It’s at six seventy-seven now. The mo... the mold is on the outside of the building on the canopies and I complain about the squirrels in the attic that I’m living with. They running through there like they’re having a family reunion up there, there’s so many squirrels up there. But you sit there and you talk about... you crying about market... market values, affordable housing, low income housing. You all live in your hundred and fifty thousand dollar homes or your fifty thousand dollar homes, nothing us poor people will ever see at my age... hope... hopefully I’ll win the lotto, but we will never see that kind of housing. But this gentleman here was talking about what’s going on with this project you’re building. If you guys drive downtown Canton and you see this Centennial Plaza that’s being built that Fonda Williams was asking for a hundred thousand dollars every Monday. After they gave twelve point three million, he was still asking for another hundred thousand. Now he’s up there asking for money for a re... a re... or you already done decided... no matter what we got to say about it, you already decided what you’re gonna do. If they just got the notice January 9, you already... it’s already... the... the bank... the check is in the mail, whoever it’s going to and whoever’s lining their pockets with the money. But, Canton is not... it... it... it’s not what you’re... what you’re planning, it’s... it’s a good idea, good game, wrong place, but it’s a good idea, but there’s nobody visiting Canton like that anymore. You think the Hall of Fame is gonna bring you revenue. You think this project with... you started a project out there and you didn’t even finish that, now you putting a Centennial Plaza... I mean, it’s just... uh, each... you all gotta... jumping through hoops with these ideas you got and the taxpayers are get... paying for it. Why don’t you do the taxpayer a favor and let them have the revenue that you’re taking from them. Let them have the revenue that the Centennial Plaza will bring and the revenue that that hotel, Double Tree, that you’re putting downtown, let them have the revenue. (Applause) PRESIDENT SHERER: Thank you, Miss Bell. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have two for tonight. Mr. Clerk, please read Informal Resolution #12 by title. #12. COUNCIL-AS-A-WHOLE: CONGRATULATING PAUL MARTIN FOR HIS DECADES OF PUBLIC SERVICE TO THE CITY OF CANTON. - ADOPTED PRESIDENT SHERER: Leader Smuckler. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -63- MINUTES OF THE MEETING FEBRUARY 10, 2020 MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #12. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #12. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #12 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #12 is adopted. Resolution #13, please. #13. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SAFETY DIRECTOR TO OPEN ONE OR MORE PURCHASE ORDERS IN TOTAL AMOUNT NOT TO EXCEED $35,000.00 FOR REPAIR OF A LADDER TRUCK 686 FOR FIRE DEPT. - ADOPTED PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #13. MEMBER BABCOCK: Second. PRESIDENT SHERER: It has been moved and seconded to adopt Informal Resolution #13. Are there any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #13 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #13 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 FEBRUARY 10, 2020. 67. AGENT FOR PETITIONER SLIMAN: COPY OF ANNEX PETITION DOCS FILED WITH STARK CO. COMMISSIONERS FOR THE HOF VILLAGE #6 ANNEXATION. - RECEIVED & FILED 68. ANNEXATION CHAIRMAN HAWK: REQ STATEMENT OF SERVICES FOR HOF VILLAGE #6 ANNEXATION OF 1.950 ACRES IN PLAIN TWP. - ANNEXATION COMMITTEE 69. DEPUTY MAYOR WILLIAMS: AUTH AUDITOR TO PAY MORAL OB IN AMT OF COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -64- MINUTES OF THE MEETING FEBRUARY 10, 2020 $37,007.11 TO STARK COUNTY COMMUNITY ACTION AGENCY (S.C.C.A.A.) FOR WORK PERFORMED AS PART OF YOUTH CAREER EXPLORATION PROGRAM (Y-CEP); EMERGENCY. - FINANCE COMMITTEE 70. MAYOR BERNABEI: REPORT ON ISSUE 13 DETAILING REVENUES AND EXPENDITURES FR 7/1/18 THRU 12/31/19. - RECEIVED & FILED 71. SAFETY DIRECTOR PERRY: REQ RATIFICATION OF TENTATIVE AGMT BETWEEN CITY OF CANTON AND CANTON POLICE PATROLMAN’S ASSOCIATION (CPPA) RESULTING FR CONTRACT NEGOTIATIONS; AGMT TO RUN FR 1/1/20 THRU 12/31/21. - FINANCE AND PERSONNEL COMMITTEES 72. SAFETY DIRECTOR PERRY: AUTH SAF DIR TO ENTER ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $35,000.00 FOR REPAIR WORK FOR ONE (1) LADDER TRUCK 686 (FIRE DEPT). - RECEIVED & FILED 73. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH STARK CO, OH, AUDITOR AND AUTOMATED DATA PROCESSING BOARD OF STARK CO, OH FOR GEOGRAPHIC INFORMATION SYSTEMS (GIS) COORDINATION SERVS; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - FINANCE COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We’re 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 #9; FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#8 & O#9 ADOPTED ON 1ST RDG): #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $175,000 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) Referred to Finance and Community & Economic Development Committees #2. (1ST RDG) 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 PER YEAR FOR THE YEARS 2020 AND 2021 FOR THE PURPOSE OF ADVANCING, ENCOURAGING AND PROMOTING THE INDUSTRIAL, ECONOMIC, COMMERCIAL AND COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -65- MINUTES OF THE MEETING FEBRUARY 10, 2020 CIVIC DEVELOPMENT OF THE COMMUNITY; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Community & Economic Development Committees #3. (1ST RDG) 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 AND HEALTHY HOMES GRANT FUNDS IN THE AMOUNT OF $300,000 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 - 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) Referred to Community & Economic Development and Finance Committees #4. (1ST RDG) 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) Referred to Finance and Public Property Capital Improvement Committees #5. (1ST RDG) AN ORDINANCE ALLOWING THE TRANSFER OF THE UNUSED STIMULUS GRANT FUND 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 - COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -66- MINUTES OF THE MEETING FEBRUARY 10, 2020 TRF IN) Referred to Finance Committee #6. (1ST RDG) AN ORDINANCE AUTHORIZING AN ANNUAL SALARY OF $56,000 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 Referred to Personnel and Finance Committees #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $58,756 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 Referred to Finance Committee #8. (1ST RDG) ADOPTED AS ORDINANCE NO. 15/2020 AN ORDINANCE APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON POLICE PATROLMAN’S ASSOCIATION; AND DECLARING THE SAME TO BE AN EMERGENCY (IN EFFECT FR 1/1/20 TO 12/31/21) Referred to Finance and Personnel Committees #9. (1ST RDG) ADOPTED AS ORDINANCE NO. 16/2020 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE HOF VILLAGE #6 ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee CLERK DOUGHERTY: Mr. President. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -67- MINUTES OF THE MEETING FEBRUARY 10, 2020 PRESIDENT SHERER: At this time the Chair would declare an in-house recess for the Finance, Personnel and Annexation Committees to meet in regard to Ordinances 8 and 9 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 8:01 PM FOR THE FINANCE AND PERSONNEL COMMITTEES TO DISCUSS O#8; RECONVENED AT 8:02 PM) (COUNCIL RECESSED AT 8:02 PM FOR THE ANNEXATION COMMITTEE TO DISCUSS O#9; RECONVENED AT 8:03 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A and add Ordinances 8 and 9 back to the agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to play... place Ordinances 8 and 9 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: Ordinances 8 and 9 are a legal part of your agenda, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22... I’m sorry. Suspend Statutory Rules on Ordinances 8 and 9 for second reading. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 8 and 9. Are there any remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -68- MINUTES OF THE MEETING FEBRUARY 10, 2020 remarks under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 15/2020 PRESIDENT SHERER: Ordinance #8 is adopted. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #9. 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. #9 ADOPTED AS ORDINANCE NO. 16/2020 PRESIDENT SHERER: Ordinance #9 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 #10. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #10 THROUGH #21 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #10. (2ND RDG) AN ORDINANCE APPROVING AMENDING THE AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON COMMUNITY IMPROVEMENT CORPORATION AUTHORIZED BY ORDINANCE NO. 244/80; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE FUNDING OF CANTON COMMUNITY IMPROVEMENT CORPORATION FOR A TWO-YEAR PERIOD UTILIZING GENERAL FUND DOLLARS IN A TOTAL AMOUNT COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -69- MINUTES OF THE MEETING FEBRUARY 10, 2020 OF $75,000.00 PER YEAR; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $2,340.00 FOR STARK COUNTY PUBLIC DEFENDER’S OFFICE LEGAL SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY #14. (2ND RDG) AN ORDINANCE VACATING A PORTION OF ROSLYN AVENUE SW; APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 30240 - 30252, LOTS 30254 - 30282, LOTS 40866 - 40891, PART OF LOT 30253 AND PART OF OUTLOTS 633 AND 634 AND THE VACATED PORTION OF ROSLYN AVENUE SW; DEDICATING A PUBLIC TURN AROUND EASEMENT LOCATED ON LOT 30263 AT THE NORTH TERMINUS OF ROSLYN AVENUE SW; AND DECLARING THE SAME TO BE AN EMERGENCY (3224 NAVARRE RD SW, WILLIAM LOGAN, JR. FOR RWP LEASING LLC) #15. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $3,800.00 TO DAVE’S ASPHALT CONCRETE AND SEALING FOR THE REPAIR OF INTERSECTION OF 13TH STREET NW, HARRISON AVE. NW, AND INTERSTATE 77; AND DECLARING THE SAME TO BE AN EMERGENCY #16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR THE PURCHASE OF ONE (1) FRONT LOADING SANITATION PACKER AND THE RETROFITTING OF SEVEN (7) REAR LOADING PACKER TRUCKS WITH DUAL TIPPERS; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY #17. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO THE CHANGE OF FUNDING SOURCES TO BEAVER EXCAVATING COMPANY; AND DECLARING THE SAME TO BE AN EMERGENCY (12TH ST NW BRIDGE REPLACEMENT & STREETSCAPE PROJ; GP 1160, PID 90671 - CHANGE ORDER 10) #18. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE IN AN AMOUNT NOT TO EXCEED $93,800.00; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -70- MINUTES OF THE MEETING FEBRUARY 10, 2020 ($93,800.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207068 HARVARD AVE AREA WATER MAIN REPLACEMENT PROJ - OTHER) #19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CT CONSULTANTS, INC. IN AMOUNT NOT TO EXCEED $93,000.00; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($93,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207067 34TH STREET AREA WATER MAIN REPLACEMENT PROJ - OTHER) #20. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; AND ENTER INTO AGREEMENT FOR GRANT FUNDS FOR THIS PROJECT FROM ODOT; AUTHORIZING THE AUDITOR TO ESTABLISH THE 4590 13TH ST. NW ROADWAY RECONSTRUCTION PROJECT, GP 1248, PID 104873 FUND; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($925,056.00 SUPP APPROP FR UNAPPROP BAL OF 4590 13TH ST NW ROADWAY RECONSTRUCTION PROJ, 1248 PID 104873 FUND TO 4590 202057 13TH ST NW ROADWAY RECONSTRUCTION PROJ, 1248, PID 104873 - OTHER; $170,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 202057 13TH ST NW ROADWAY RECONSTRUCTION PROJ, 1248 PID 104873 - OTHER) #21. (2ND RDG) AN ORDINANCE AMENDING ORDINANCE NO. 100/2011, AS AMENDED, TO ESTABLISH THE ATTACHED EXHIBIT AS THE CLASSIFICATION PLAN FOR THE SERVICE DIRECTOR’S WATER CONSTRUCTION, REPAIR, MAINTENANCE, SUPPLY, AND TREATMENT DIVISION (WATER DEPARTMENT) MANAGEMENT AND NON-BARGAINING PERSONNEL EMPLOYED BY THE CITY OF CANTON; 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 #22, please. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #22 THROUGH #29 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -71- MINUTES OF THE MEETING FEBRUARY 10, 2020 #22. (3RD RDG) ADOPTED AS ORDINANCE NO. 17/2020 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS NECESSARY FOR DELL MARKETING LP EXPENSES; AND DECLARING THE SAME TO BE AN EMERGENCY (COMPUTERS FOR LAW DEPT & CIVIC CTR - $30,297.26) MEMBER SMUCKLER: 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. 17/2020 PRESIDENT SHERER: Motion carries and Ordinance #22 is adopted. Ordinance #23, please. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 18/2020 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS NECESSARY FOR OARNET EXPENSES; AND DECLARING THE SAME TO BE AN EMERGENCY (HIGH SPEED INTERNET CONNECTION IN INNOVATION DISTRICT- $8,500.00) MEMBER SMUCKLER: 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. #23 ADOPTED AS ORDINANCE NO. 18/2020 PRESIDENT SHERER: Motion carries and Ordinance #23 is adopted. Ordinance #24, please. #24. (3RD RDG) ADOPTED AS ORDINANCE NO. 19/2020 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($530,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS OPERATING FUND TO 5201 207046 44TH ST. NW WATER MAIN REPL PROJ - OTHER; $100,000.00 SUPP APPROP FR COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -72- MINUTES OF THE MEETING FEBRUARY 10, 2020 UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 206006 COLLECTION SYSTEM DEPARTMENT - OTHER) (44TH ST. NW WATER MAIN REPL PROJ, CLEANING OF STORM SEWERS @ U.S. RT 30) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #24. MEMBER BABCOCK: Second. PRESIDENT SHERER: 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. 19/2020 PRESIDENT SHERER: Motion carries and Ordinance #24 is adopted. Ordinance #25, please. #25. (3RD RDG) ADOPTED AS ORDINANCE NO. 20/2020 AN ORDINANCE AMENDING CHAPTER 110 OF THE ADMINISTRATIVE CODE (PUBLIC RECORDS) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #25. 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. 20/2020 PRESIDENT SHERER: Motion carries and Ordinance #25 is adopted. Ordinance #26, please. #26. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 21/2020 AN ORDINANCE AUTHORIZING A WAGE INCREASE FOR MANAGEMENT AND NON-BARGAINING UNIT PERSONNEL; AND DECLARING THE SAME TO BE AN EMERGENCY (2% RETRO TO 1/1/20) MEMBER SMUCKLER: Mister... COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -73- MINUTES OF THE MEETING FEBRUARY 10, 2020 PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: 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? Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we amend Ordinance #26 by the amendment before every Council Member. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #26 per the copy before each of you. Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. The motion carries. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #26, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 26 by amending the indented language in Section 2 to read as follows: Increase the salary minimums and maximums of all management and non- bargaining employees by 2%. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #26, 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. #26 ADOPTED AS AMENDED AS ORDINANCE NO. 21/2020 PRESIDENT SHERER: Ordinance #26, as amended, has been adopted. Ordinance #27, please. #27. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 22/2020 AN ORDINANCE ACCEPTING THE RECOMMENDATION OF THE MAYOR CONCERNING THE ESTABLISHMENT OF A COMMUNITY ENTERTAINMENT DISTRICT AND DESIGNATING CERTAIN COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -74- MINUTES OF THE MEETING FEBRUARY 10, 2020 PROPERTY LOCATED IN THE CITY OF CANTON, OHIO AS A COMMUNITY ENTERTAINMENT DISTRICT PURSUANT TO OHIO REVISED CODE SECTION 4301.80; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks? Leader Smuckler. (Brief pause) CLERK DOUGHERTY: Amendment. PRESIDENT SHERER: Which we will need a motion to amend Ordinance #27. MEMBER SMUCKLER: Mr. President, I move we adopt... I’m sorry... yeah, adopt the amendment for Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #27 per the copy before each of you. Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. The motion carries. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #27, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 27 by amending the caption and Section 2 to add the words “Downtown Canton” before the words “Community Entertainment District.” PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27, as amended. Are there any remarks under this Ordinance, as amended?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER HALL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -75- MINUTES OF THE MEETING FEBRUARY 10, 2020 #27 ADOPTED AS AMENDED AS ORDINANCE NO. 22/2020 PRESIDENT SHERER: Ordinance #27 as amended has been adopted. Ordinance #28, please. #28. (3RD RDG) ADOPTED AS ORDINANCE NO. 23/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS IN AN AMOUNT NOT TO EXCEED $324,571.00; AMENDING APPROPRIATION ORDINANCE NO. 246/2019; AND DECLARING THE SAME TO BE AN EMERGENCY ($324,571.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207066 WATER DISTRIBUTION SYSTEM HYDRAULIC MODEL PROJECT - OTHER) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #28. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #28. Are there any remarks? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 23/2020 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopt... is adopted. Ordinance #29, please. #29. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 24/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ENVIRONMENTAL DESIGN GROUP IN AN AMOUNT NOT TO EXCEED $49,279.00; AND DECLARING THE SAME TO BE AN EMERGENCY (MARKET AVE. SOUTH STREETSCAPE PROJ, G.P. 1319 ENGINEERING DESIGN CONTRACT) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #29. Are there any COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -76- MINUTES OF THE MEETING FEBRUARY 10, 2020 remarks? Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance 29... I’m sorry. I move we adopt the amendment for Ordinance #29 before everybody. CLERK DOUGHERTY: No, just move to amend. PRESIDENT SHERER: We’re just moving to amend Ordinance #9. CLERK DOUGHERTY: 29. MEMBER SMUCKLER: That’s what I said. I move we adopt the amendment. PRESIDENT SHERER: Yeah, that’s fine. Continue on. MEMBER SMUCKLER: I don’t have to say the exact words on this sheet, I promise you. (Laughter) MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt... here, hand on for a sec... it’s been moved and seconded to amend Ordinance #29 per the copy before each of you. Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. The motion carries. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #29, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 29 by amending the caption and Section 1 to change the dollar amount “$49,279" to “$60,000.” PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #29, 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. #29 ADOPTED AS AMENDED AS ORDINANCE NO. 24/2020 PRESIDENT SHERER: Ordinance #29, as amended, has been adopted. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -77- MINUTES OF THE MEETING FEBRUARY 10, 2020 ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We’re now under announcement of Committee Meetings. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Finance will meet Monday, February 24th at 5:45 P.M. MEMBER FERGUSON: Mr. President. PRESIDENT SHERER: Member Ferguson. MEMBER FERGUSON: Economic Development will meet same time, same date, 24th, 5:45. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Personnel will meet the same time, same place. PRESIDENT SHERER: Thank you, Member Babcock. SERVICE DIRECTOR HIGHMAN: Mr. President. PRESIDENT SHERER: Mr. Highman, Service Director. SERVICE DIRECTOR HIGHMAN: I’d like to request thirty minutes for a presentation on the City’s utility rates at the next meeting, please. PRESIDENT SHERER: Thank you. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business tonight? I would like to wish William... Williams Smuckler a Happy Birthday today. (Applause and “Happy Birthday” greetings) And I would also like to wish Doc Ferguson a belated birthday. (Applause) So Happy Birthday, guys! Is there any other Miscellaneous Business for this evening? Ms. Kimbrough. COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -78- MINUTES OF THE MEETING FEBRUARY 10, 2020 MEMBER KIMBROUGH: Yes. I would like to acknowledge the fact that the Food Bank is gonna have a program over at Gibbs Leadership School February 18th, 2020 and it’s gonna be from 5:00 to 6:00 P.M. (Inaudible) ...space where the old Fisher Foods was (inaudible). So, (inaudible) ...and there’ll be food and there will be a food giveaway. And that’s February 18th from 5:00 to 6:00 at the Food Bank. PRESIDENT SHERER: Thank you, Member Kimbrough. Is there any other Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President, before I adjourn I want to... like to make a couple announcements. Obviously, next week we don’t meet because of President’s Day, so I want to take the opportunity in recognizing what happened last weekend at the Peel Coleman Center. Um, those of us who don’t wander near there too often should take the opportunity to wander near there now. Um, as the good President pointed out, that today’s my birthday, and I have jeans older than John Mariol, that the Peel Coleman Center was built a number of hears ago, and the rededication of the gym that Member Smith put together, and with Fonda Williams and the Mayor, the place looks amazing inside there now. And I think that those that pass a budget oughta take a walk through there every once in awhile to see what we’re passing a budget on, and I commend you, Member Smith, for putting that together, and I know Paul Martin wasn’t in the best of shape, but he had to be very happy and very proud of what he put together. Number two, those that didn’t get an opportunity, and I did take the opportunity with Member Kimbrough, to pick up a book since this is Black History Month of not only the elected officials, the businesses, the sports figures, but the contribution that the black community has made to the City of Canton. I made sure I bought a copy, and I’m telling you it is truly amazing in leafing through it of what we don’t have any more, what we should have and hopefully in the future what we will have. Um, Member Smith is in that book and so are some of the other elected officials that you folks have served with over the years. And I want to congratulate those authors for putting that together. It’s truly an amazing book. Uh, last but not least, I want to... my wife joined me tonight because we spend birthdays and anniversaries doing some City Council event. So I’d like to thank my wife for putting up with this again and being a great sport and trying to do what’s right because we are so proud of this community, and so in love with this community, and that’s why I think that we all down here do what we have to do. Thank you. PRESIDENT SHERER: Thank you, Leader. MEMBER HAWK: Mr. President. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: Thank you, sir. I’d like to take this opportunity to congratulate and express utter pleasure and amazement at the quality of students we have in our community from local colleges. I already spoke about the folks from Walsh University, and last Saturday down at the ice rink we had the opportunity to entertain the students from Malone University. Uh, they did an exceptional job. It’s very nice to see them come down and participate and be part of our community. Both of those colleges should be well recognized and... and supported in our community, and I thank you for the time. PRESIDENT SHERER: Thank you, Member Hawk. Is there any other Miscellaneous Business for this COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -79- MINUTES OF THE MEETING FEBRUARY 10, 2020 evening? ...Hearing none, Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: Henry Kaiser once said, “When your work speaks for itself, don’t interrupt.” MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. 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: This meeting is adjourned. Thank you for coming this evening. (Gavel falls). ADJOURNMENT TIME: 8:27 PM ATTEST: 2/13/20 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT