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City Council

Regular Meeting

Canton, OH · July 13, 2020

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 273 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: Good evening ladies and gentlemen…gentlemen and welcome to Canton City Council. Please turn your cell phones to vibrate. We’re encouraging social distancing tonight and we encourage everyone to have a mask on, please. With a quorum being present, the Chair calls this meeting of Canton City Council to or…order. Roll call please, Mr. Clerk. 11 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, CHRISTINE SCHULMAN, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER SMITH ABSENT. MEMBERS SCHULMAN, KIMBROUGH, FISHER, MARIOL & MORRIS APPEARED VIA VIDEOCONFERENCE) CLERK DOUGHERTY: Eleven present, one absent, Mr. President. EXCUSING MEMBERS PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we excuse…uh….Member Smith this evening. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to excuse Member Smith from this evening’s meeting. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Member Smith is excused from this evening’s meeting. Tonight’s invocation will be given by Ward 3 Council Member, Jason Scaglione. If you would all please stand and remain standing for the Pledge of Allegiance. And please, remove your hats. The regular meeting of Canton City Council was held on July 13, 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 Ward 3 Council Member, Jason Scaglione. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Scaglione. MEMBER SCAGLIONE: You’re welcome. AGENDA CORRECTIONS AND CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes, Leader. MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended to add 2nd Readings of Ordinances 6 through 10 to this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 274 MINUTES OF THE MEETING JULY 13, 2020 MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings to Ordinances 6 through 10 to this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, O NAYS CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 6 through 10 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have two for this evening. Mr. Clerk, would you please announce the first Public Hearing. CLERK DOUGHERTY: AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE HALL OF FAME FITNESS TOURISM DEVEL…DEVELOPMENT DISTRICT, FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 1… 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Ordinance, please step forward. I must repeat, is there anyone in the audience wishing to speak for or against this Ordinance, please step forward. Seeing no one step forward, the Chair declare the Public Hearing over in regards to this matter. The matter now rests in the hands of Council. The Ordinance will foller…follow later this evening. Mr. Clerk, the second Public Hearing, please. CLERK DOUGHERTY: AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE DOWNTOWN CANTON TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO RE…OHIO REVISED CODE SECTION 1… 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Is there anyone in the audience wishing to speak for or against this Ordinance, please step forward. I must repeat, is there anyone in the audience wishing to speak for or against this Ordinance, please step forward. Seeing no one step forward, the Chair declares the Public Hearing over in regards to this matter… IDA FREEMAN: I’m old and I’m slow. PRESIDENT SHERER: That’s okay Ms. Freeman. Ms. Freeman could you please give us your name and residential address, please. IDA ROSS FREEMAN: Ida Ross Freeman, 1129 7th St. NW, Canton. Notice I said Canton…Canton, Ohio. Uh…I guess I have a comment. As I drive around this city, and I see all the building going on in this city, I COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 275 MINUTES OF THE MEETING JULY 13, 2020 don’t see anybody that looks like me. So, if we can include, make sure we include some people like me in this…uh…working and…and…developing stuff, I think I could be satisfied with…this is my home, I intend to stay, I ain’t…I’m not going nowhere, okay. Thank you. PRESIDENT SHERER: Thank you Ms. Freeman. Is there anyone else in the audience wishing to speak for or against this Ordinance, please step forward. Seeing no one step…no one else step forward, the Chair declare the Public Hearing over in regards to this matter. The matter now rests in the hands of Council. The Ordinance will follow later 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 ten speakers for tonight. And out of respect for all the speakers that we have tonight, please try to keep your comments to three minutes, minimum, out of respect for the rest of the speakers. And our first speaker tonight is…and I’m probably going to mispronounce the name…Agatha Mustafa? AAYYATA MUSTAFA: Aayyata Mustafa. PRESIDENT SHERER: Okay. AAYYATA MUSTAFA: (Inaudible). PRESIDENT SHERER: Mr. Mustafa, could you please step forward and give us your name and residential address, please. And we do encourage a mask in here. AAYYATA MUSTAFA: Oh, I’m sorry… PRESIDENT SHERER: …If you…if you have one. AAYYATA MUSTAFA: (Turned to audience member)…you have one? PRESIDENT SHERER: Please, thank you. AAYYATA MUSTAFA: I apologize for that, I didn’t know. PRESIDENT SHERER: No, that’s perfectly fine. AAYYATA MUSTAFA: Ah ha!...I definitely apologize for this! PRESIDENT SHERER: No…would you…no… (Laughter). I would ask you, Mr. Mustafa, Mr. Mustafa, that’s not gonna…you cannot have that in here. Please. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 276 MINUTES OF THE MEETING JULY 13, 2020 AAYYATA MUSTAFA: No, he gave that to me. PRESIDENT SHERER: I know, but you cannot show it around. AAYYATA MUSTAFA: Okay. PRESIDENT SHERER: …So if you would please turn that around out of respect for everybody that’s in the audience. AAYYATA MUSTAFA: Sorry about that. (Inaudible). Hmmm…Out of respect for everyone’s three minutes, I will just read my thoughts that I put on…on my phone before I got here. PRESIDENT SHERER: So, could you please give us your name and residential address, please. AAYYATA MUSTAFA: Yes. My name is Aayyata Ruvon (sp) Mustafa. I live at 831 and 833 Shorb NW, Canton, Ohio. PRESIDENT SHERER: Thank you. AAYYAATA MUSTAFA: Um, greetings ladies and gentlemen of the Council. I am Aayyata Ruvon Mustafa, the owner and operator of Mustafa Family Craftworks, a small construction and renovation company and a prestigious penman copywriting services. I also, as a former soldier, swore an oath to defend my country from all enemies, both foreign and domestic. I am a single father of mostly teenage girls. I’m a grandfather. I own and work out of the large, red, Victorian duplex on 9th and Shorb NW. I moved here early 2017, from Georgia and these years that we’ve been here, we have endured multiple armed, home invasions, twice while we were inside, even outright attacks, attempted attacks on my children by adult, drug-addict, prostitutes because of the crime and drug activity concentrated in the apartment buildings of 828 Shorb and 901 Shorb NW. I’ve been working with the Vice Unit and other law enforcement trying to stop these people. I haven’t slept since Friday afternoon because Friday night a self-proclaimed boss of what police told me is the “Shorb Block Gang”, sent two carfuls of thugs with guns to my home, where they entered my property, threatening me and my children, and a third car of gunmen, later that night. There is likely more than ten police reports, and…and more likely…likely more than forty calls from me alone, about these two apartment buildings. The…the drugs and prostitution and the renters that are terrorizing the rest of the community. I will not tolerate this dealer, Jedell Wells, and his hood queen, uh…Diandra Johnson, who facilitates his ent…enterprise, robbing us of the peace and safety of our home. Um…I nearly got into a gunfight…um…with all of these men last…all of these thugs last night and I made the police and prosecutors aware that if any of these armed men enter my property again, threatening to harm me and my children, it will prove very fatal. Um…now one effective way of combating this would be to grant my business and household, exclusive parking along the side and front of my property. With the exception of traffic stops, medical and/or automotive emergencies, there is no legitimate reason for anyone to park on the side of my property, blasting that loud, vulgar music, smoking weed, and drinking all…at all hours of the day and the night. If the Council would approve this at some point, I would be willing to finance the signs and even install them myself. The police are onboard and say that if Council approves, they would be more than willing to tow these thugs and break up their operations in this area. I will inquire again when I’m avail…when I am able to. Thank you. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 277 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: Thank you, Mr. Mustafa. Our next speaker is Ray’Mel Renshaw. And hopefully I pronounced that right? RAY’MEL RENSHAW: Yes sir. PRESIDENT SHERER: Thank you. Ray’Mel, could you please step forward and give us your name and residential address, please. And remind you that you have three minutes. RAY’MEL RENSHAW: Provide you with what?...Three… PRESIDENT SHERER: I want to remind you that you have three minutes to speak. RAY’MEL RENSHAW: Oh, yeah, most definitely. Uh, hello everyone. My name is Ray’Mel Renshaw. I’m 20 years old. I was born in Cleveland, but I’m from Canton. I’m homeless. PRESIDENT SHERER: Okay. RAY’MEL RENSHAW: First off, I just want to say the Ohio Community Coalition is more…I mean the Ohio Community Coalition is more than just Black Lives Matter movement. We also want to help make our community better. Whether that be better education plans, more community clubs, more businesses for Black people within the city, more activity centers, city festivals or other than just…city festivals other than First Friday, to raise money for kids who have disabilities or sickness…sicknesses, etc. I’ve talked with other people, a part of the Canton Community Coalition and it went pretty well, so let me get into it. Into the things that’s…that’s been lingering and on my mind and some ideas I have and what I feel is strongly needed for the community. I’ve been homeless for about a year and a half and I’m...and I’m…and I had quit my job so I can advocate for the homeless fulltime and people who are struggling and distressed and tired people who need their rest. It takes their rest. It makes me cry when I see tons of people out on the streets. I talk to a lot of homeless people who aren’t comfortable and don’t feel uh…uh…safe at the two shelters we have. Uh…we pay more attention to the Hall of Fame, uh…and wanting to attract tourists from all around. I feel like, we’ve got people sleeping on the ground. Don’t no one want to come to here, especially if that’s all they see. So, help me help you. Uh…um…uh…in the future, I see multiple homeless shelters across the world, more than prisons, that doesn’t take advantage of people in the shelter or isn’t treating them unfair. Not just for men, we need more for our ladies who need the shelter as well, but first that starts here in the city I love the most, Canton, Ohio. Uh, even with our…our shelters packed, we still need more. There’s no…there’s way too many homeless people in the city of Canton. We need more and better programs for these people. We need a shelter that will treat every person equal, because trust me, there are lots of disturbing things at these shelters that should never be tolerated, let alone ever happen. I’ve been to the shelters here…out here, multiple times, and I leave because of the same things over and over again. Here in our city, there are many people who need a safe, comfortable, uh…uh…with…uh…a safe…uh…comfortable shelter to turn to when they have nowhere else to go. Have uh…yeah…uh…yeah, um…yeah…three minutes wasn’t enough, but yeah, thank you. PRESIDENT SHERER: Thank you Mr. Renshaw. Our next speaker is Mr. Dan Fonte. Mr. Fonte can you please step forward and give us your name and residential address, please. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 278 MINUTES OF THE MEETING JULY 13, 2020 DAN FONTE: My name is Dan Fonte and I reside at 4415 Dawnridge Circle NW, in Canton, and I’m here to address the article that was in the paper Saturday about Canton considering trash carts. In 2007, the state legislature expanded the homestead exemption act of up to a $25,000.00 property tax exemption, to include all homeowners who are either 65 or older, or permanently and totally disabled, regardless of income. In 2004…in 2014, the state legislature imposed “Means Testing” to the Homestead Exemption Act and expanded it to include disabled veterans. I would like Canton City Council and the Administration to consider that any senior, 65 and older and totally disabled, including veterans, regardless of income, be given some sort of relief from increases to the garbage rates. If they impose cost of living increases, then they should consider the increases based on the consumer price index for the elderly. I would also like to know if we will be required, by law, that seems like it’s already in effect, to use the new containers or can some of us who only have a bag to put out, just to put out the bag instead of the container, and not have to screw around with another container? And finally, I would like to say thank you to whatever previous city council and administration in the city, and I don’t know what year it passed, they passed an Ordinance stating that people on a pension and social security don’t have to pay city income tax on those earnings. So I would like to thank that group of council and that administration. Probably it was done in the 60’s when I was still in high school, but you know…I don’t know…but…but I think it’s important. Now, I talked to the…Highman…I can’t figure this position, this was about a year or two ago, but I think anybody that’s on Homestead Exemption, oughta have that relief when it comes to the garbage situation. Water, I understand. Whatever you use, you use. It is what it is. But…you know…people…seniors are on a fixed income. I’ve been retired 16 years and my...my…my cost of living hasn’t went up a penny. And I understand that. I know that going in. But eventually, we’re going to get taxed out of our homes and then we can’t be in our homes no more. And I certainly don’t want that and I don’t think a lot of other people want that. So, all I’m asking you is take in consideration…I don’t think it’s going to kill the city. If you read the Strengthening Stark…uh…uh…booklet, it said we’re getting older and poorer. So, that’s got to tell you something. So…please let us try and stay in our homes as much as we can and be viable in the community. I thank you for your time, I thank you for your patience and I’m willing to work with anybody if we can do something on it for the seniors. Thank you. PRESIDENT SHERER: Thank you, Mr. Fonte. Our next speaker is Curstynn Marks. Hopefully I got that right. CURSTYNN MARKS: You did. PRESIDENT SHERER: Alright. Ms. Marks, could you please state your name and residential address, please. CURSTYNN MARKS: I’m Curstynn Marks. I live at 1211 Bordner Avenue SW, Canton. I’m here today because after the aftermath of May 29th, Mayor Bernabei told the city in a press release, that the city would be endorsing an 8 Can’t Wait Campaign from Campaign Zero. Now, on June 25th, a concerned group of citizens, who have collected as the Ohio Community Coalition, requested the policy manual of Canton PD, and while reading through it, we have realized that Canton PD, in the Mayor’s own press release, did not meet up to the standards that he had claimed that they have met. Mayor Bernabei said that they had met 7 out of the 8. On June 30th, we discussed at Town Hall that those had not been met. Mayor Bernabei then took…uh… two sheets of paper from one of our members, addressing issues and concerns about why we did not meet those standards. There has been no response. Now, the Ohio Como…Community Coalition has also talked to the national heads of the Campaign Zero, who runs the 8 Can’t Wait Campaign. They said that Canton PD does not meet 5 out of COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 279 MINUTES OF THE MEETING JULY 13, 2020 the 8. The actual organization that runs this campaign says Canton PD does not meet 5 out of the 8. Canton PD does not ban neck holds, Canton PD does not require to de-escalate, Canton PD does not require a verbal warning before any instance of shooting, whether that be with a handgun, with a Tazer, or with any other projectiles, at someone. Canton PD does not require exhausting any other means. It says though, in their own policy of using deadly force, that Canton PD is allowed to use deadly force against someone who is unarmed. Canton PD does also not require reporting all use of force. It says in their own policy…it depends on the nature. And in the language of the 8 Can’t Wait, also includes threatened use of force. That is not in Canton PD policy. We, the public, in the national campaign, see these 8 reform measures as the minimum standards of “use of force.” So why can’t Canton PD and the city actually adopt all 8? Mayor Bernabei, you cannot endorse 8 Can’t Wait without actually implementing the language it uses. And it is blatantly disrespectful that the city and the Mayor endorse policies and misinform the public that the city met 7 out of 8, when realistically they only meet 3. And the people only learned of this failure due to a group of concerned citizens that requested said policy manual, brought it up to lawyers, brought it up to the national head of the campaign, where we found out that the city does not comply with those measures. So, we have these bare minimum standards that you’re endorsing. Why can’t we adopt those actual 8 measures? Thank you. PRESIDENT SHERER: Thank you, Mrs. Marks…er…Ms. Marks. Our next speaker tonight is Nate Moran. Hopefully I got that right. NATE MORAN: You did, sir. PRESIDENT SHERER: Mr. Moran, could you please step forward and give us your name and residential address, please. NATE MORAN: Yes, my name is Nathaniel Moran and I reside at 1890 Beechwood St. in North Canton, Ohio. Esteemed Council Members, citizens, for being here tonight, I thank you for listening to my time. I would like to speak about important events within our community that happened, which are the events of May 29th. May 29th must be forever enshrined on the hearts and the minds of Canton citizens as a day that goes down in infamy, in this city. For this day, the Canton Police Department decided to brutalized its own citizens and use Geneva Convention banned chemical warfare, OC Canisters, to disperse peaceful protests going on for the cause of George Floyd and Black Lives Matter. What I ask is, what is…is…is that appropriate? Is that appropriate of a response to be meeting peaceful demonstrators with acts of war that are literally banned by the Geneva Convention? I want you all to consider this very, very deeply, and what I ask of you dear Council Members is that when is enough going to be enough of these instances of brutality from our own police in our city? It states that the Canton P…uh…Canton Police Policy Manual, that OC gas and pepper...uh…spray are not to be used for crowd dispersal, but we have multiple instances of video evidence where that was used on May 29th. Uh hm (clears throat)…excuse me. We…uh…as one of the people of the Canton 13 that were arrested that evening for simply exercising our First Amendment Right, I ask you, the Council Members, what do you plan to do? We have been met with half-truths, and outright lies, when our group, the Ohio Community Coalition, asked for answers when we were supinely offered a seat at the table. A meeting from which spurious false charges were threatened against us and myself, and now will go before a Grand Jury, which was a simple cut-and-dry case of self-defense. How many protestors will be ran over in the streets before we actually act and do something? How many more lives will be attempted to be destroyed by, frankly, our corrupt and fragile COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 280 MINUTES OF THE MEETING JULY 13, 2020 prosecutors that are currently sitting in that office, before we let this continue? I ask you again, Council Members, what will you plan to do about this? Thank you. I yield the remainder of my time. PRESIDENT SHERER: Thank you, Mr. Moran. Our next speaker tonight is Ashley Green. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Majority Leader. MEMBER SMUCKLER: Before you do that, would you please let the record show that…uh…Council Member Smith is…is uh…come in this evening. (COUNCIL MEMBER SMITH IS IN ATTENDANCE) PRESIDENT SHERER: Member Smith. MEMBER SMITH: Thank you. PRESIDENT SHERER: Good to see you. So, our next speaker is Ms. Ashley Green. Ms. Green, if you could please step forward and give us your name and residential address. ASHLEY GREEN: My name is Ashley Green. My address is 1627 Bonnett Place NE, Canton, Ohio. Council Members and citizens, tonight I would like to address concerns about police resources and disciplinary record access. Police in our community have no need for government grants or resources related to military surplus gear. We should not have our police using such instruments that change their mentality to wage war on our community. We, as citizens, should also have access to know our police officers like they know us. We should be able to have public disciplinary records for our police officers. It is absurd that nothing is in place to hold officers accountable or not being able to work in other departments as seen in Alliance, here in Canton, Jackson and many other police departments. There should also be a system in place for ability to see a record before an officer is hired, for disciplinary issues, so that they are aware of issues within other departments. The public has a right to know who is policing us. It has been since June 21st that disciplinary records, which are public records, have been requested. Yet, we are still to receive them. It is our right to know and that includes the responsibility of the city, that we have access to these records. I give the rest of my time. PRESIDENT SHERER: Thank you, Ms. Green. Our next speaker is Nana Bradley. Ms. Bradley, could you please step forward and give us your name and residential address, please. And Ms. Bradley, could you tilt the mic down. (Laughter). NANA BRADLEY: Hi, my name is Nana Bradley. Um…I just wanted to talk about minors that are allowed to be questioned by police without a parent or guardian present in the state of Ohio. This was ruled in 2012, but not only that, the minors who get in trouble at school are also allowed to be arrested and transferred to the police department for questioning without giving any notice to their parents and guardians. And I think this is like…that’s bad because like, they don’t really know their laws and everything. Not only that, but minors who get in a…(Inaudible). We demand that Canton Police Department creates an internal policy that requires a parent or guardian to be present when a juvenile is being questioned. We also demand a parent or guardian is to also be immediately not…notified when a juvenile is being detained in the event of …being detained on COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 281 MINUTES OF THE MEETING JULY 13, 2020 public…public school property, during school or school related activity hours. The parient…that parent or guardian is to be notified before the juvenile leaves school grounds. (Inaudible). That’s it. Thank you. PRESIDENT SHERER: Thank you, Ms. Bradley. Our next speaker tonight is Ms. Skylark Bruce. Ms. Bruce, could you please step forward and give us your name and residential address, please. SKYLARK BRUCE: Hi. I am Skylark Bruce and I live at 1242 Worley Avenue NW. I’m here for an update. I’m here for answers. I’m here because the Black citizens of the city of Canton deserve better lives that what the Police Department has decided they can have. As a group, we’re calling for justice and accountability. We’re calling for common sense measures like body cameras worn on…worn by all on-duty members of the Police Department. We’re calling for a review, a public review, of why the police attacked peaceful black protestors and allies on Friday, May 29th. We are calling for consequences for the officers who behaved improperly. We are calling for justice for the families of Ja’Ron Nero and Darryl Ross, whose deaths came at the hands of Canton Police. We’re calling for justice for the daily traumas inflicted by Canton Police on Black people. We want to prevent any future murders of Black people by Canton Police. We’re out on the street protesting almost every day and not primarily for the exercise. We’re out on the street calling attention to these wrongs, not because we don’t take the Coronavirus pandemic seriously, we do! We know that before the pandemic, black lives were cut far too short by police and that continues to be true. Some may look at this crowd of people, ready to speak, and see that as a negative. As a problem to be silenced. But do you realize, Council Members, how hopeful the citizens of this city have to be to come here and speak up. How much we must believe that change is possible, for us to demand it every day, regardless of the weather and exhaustion. We aren’t here just because we are upset, we are here as a show of faith that justice can happen. So, don’t sigh when you see the list of names for Public Speaks, we aren’t keeping you from your dinner. Injustice is responsible and you are responsible to make justice happen. Some of you know that I have shared food with hungry people via the Canton Sunday Picnic for ten years. Sharing food is a flimsy bandage on a gushing wound of systemic inequality and racism. If I can put ten years into the temporary fix, believe that I will devote at least that long to fight for the institutional changes to racism. If that sounds like an annoyingly long time for me to speak every time during Public Speaks, then please make the changes necessary so I won’t have to. Since I’m white, I will never understand fully what it is to be black, here in Canton, Ohio. I stand with my black friends, Black Lives Matter, all day, every day. (Applause). PRESIDENT SHERER: Thank you, Ms. Bruce. So, our next speaker is 12 Mariah. And you have…I have to ask you, before you speak, what is your actual name? (12) MARIAH: Um…first of all, my colonized name…uh…my slave name...I’m not going to be saying that because it’s not necessarily necessary. Just like I also didn’t list my address because I am a landless person and I’m here to fight for black land and black power. PRESIDENT SHERER: Okay…can you (12) MARIAH: What? PRESIDENT SHERER: …Excuse me. Can you please give us your actual name? COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 282 MINUTES OF THE MEETING JULY 13, 2020 TREE HUGGER MARIAH: My name is Tree Hugger Mariah reincarnated (Inaudible) 12, that’s my first name, plus…and…so…don’t be trying to assign my name. So…because I’m here for the children who are being forced to have names that are not their names… PRESIDENT SHERER: …And for the record…excuse me…excuse me, excuse me, for the record you are homeless, correct? TREE HUGGER MARIAH: For the record, I live house to house, in many cities. So, I’m here representing them, and my time has not started yet because you only asked my name, I haven’t begun to speak. PRESIDENT SHERER: You have… TREE HUGGER MARIAH: I haven’t begun to speak yet… PRESIDENT SHERER: right now, you have 2 ½ minutes. TREE HUGGER (12) MARIAH: I have not begun to speak yet! So, I’m here because we need to talk about the funding the police, ending the drug war, passing big election changes as in empowering the children, aka lowering the voting age to 12, and as often, brings choice of voting, that’s why I brought these signs. (Inaudible), the only way to have a seat at this table is if you have lots of (Inaudible), which lots of homeless people do not have and for the last 50 years, y’all have not addressed homelessness in any way, shape or form that’s actually substantial. Literally the police terrorists, aka the Canton Police and all police, and the military have been bombing us and arresting us for nothing. As well as this drug war. I’m going off topic here, but I want to stay focused on defunding the police and actually making housing for all a reality, which y’all definitely have the budget to do. If you can spend $30,000.00 a year to lock someone up for stealing a 25 cent piece of gum, then you can spend that same $30,000.00 to buy a $500.00 tiny home and designate an area of this city where tiny homes can be placed for…for every person in this city to have housing. That’s very affor…affordable. The city can afford $500.00 per person if y’all spending $30,000.00 a year person, to lock somebody up for a year for stealing a pack of gum or selling some weed or ingesting some mashed mushrooms, which y’all can also decriminalize. This City Council can decriminalize all drugs, literally, today. Y’all could do that, but you haven’t. So, going forth with that, if we defund the police, end the drug war and stop sponsoring wars of terror on Afghanistan and Iraq, we can pass a reparations package to finally make up for slavery, we can get that housing for all, universal income, basically every socialist dream is very possible and within reach. And let me repeat that, I said socialist dream. Specifically African Socialists. Let the kids vote. Let the 12 year olds vote. That’s my main point. And y’all can do that. You can loc…lower the loc…local voting age to 12, other cities have lowered the voting age to 16. (Inaudible)Maryland, Hyattsville, Greenville, etc. Again, my name is Tree Hugger Mariah, so don’t ever try to be asking for my other name. It’s not relevant. PRESIDENT SHERER: Thank you, Mr. Mariah. And our last speaker…which is a little hard to read it…is that Ida? IDA ROSS FREEMAN: Yes. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 283 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: I think you’re the last one. Ida. Ms. Freeman could you please step forward and give us your name and residential address, please. IDA ROSS FREEMAN: Yes, um…1129 7th St. NW, Canton, Ohio. And when I go home and I say Canton, Ohio, my family can’t stand it. “You talk like you’re very proud of being in Canton, Ohio.” I am. Okay. I want to complain…I can’t talk with this on. PRESIDENT SHERER: Ms. Freeman, could you please tilt that mic down a little bit so everybody…and get a little bit closer to it, please. IDA ROSS FREEMAN. Okay. PRESIDENT SHERER: Thank you, much better. IDA ROSS FREEMAN: Okay. First I want to complain…talk about…complain about the Police Department. I called…the first of the month we had an incident in my community, on my street. I called the police three times. Two or three times for a wellness check because this woman was walking up and down 7th Street, in the middle of the street, asking for money. And you know, 7th Street is kind of busy and I was afraid she was going to get run over. I asked them for a wellness check. Then I knew she was having a mental breakdown when I saw her pull her pants down and defecated in the middle of the street. I called them and they never showed up. I called the crisis, mental health, people twice. They never showed up. Then…uh…I say about forty-five minutes or an hour later, the woman’s walking the street trying to get money for whatever and they had a drive- by shooting. She got shot. My thing is, if the police had took her serious and came and did the wellness check, perhaps the woman would not have gotten shot. Next thing. We…I have a trap house crisis next door to me. I’ve called the police, I’ve called the…whoever…the detective, I’ve called everybody. There’s a trap…do you all know what a traphouse is? That’s where they have human trafficking, drugs, anything goes, right next to me and I’ve been trying to get the police to do whatever they’re supposed to do to stop it, but they can’t seem to stop it. As a matter of fact, they come out at least twice a week for an overdose. Somebody overdoses. You’d think the police would go in there and say, “Well, we’re going to check this out”? No, they don’t, they keep on going. Okay. Them…um…I said that. Uh, the trash, I want…yeah, we got something right. Because I’ve been complaining for years about the trash. We’re gonna get those trash bins that I’ve been asking for, for years? Thank God. Um, now we’re gonna have gentrification…um…I mean we’re going to have homeless people, more than what we have now, because of gentrification. Because people cannot afford the high price of the rent and they get evicted and then we have homeless people. Thank you. Would you please…Mayor would you please do something about that traphouse? Thank you. PRESIDENT SHERER: Thank you Ms. Freeman. MEMBER OF AUDIENCE: Excuse me, Mr. President. PRESIDENT SHERER: Uh…there is no questions during Pubic Speaks. I would be more than happy to stick after …after the meeting...and…if you have any questions after the meeting. MEMBER OF AUDIENCE: No, no, no, no…no questions. I just need to say something real quick. PRESIDENT SHERER: Uh…Public Speaks is over. So, I would encourage you, if you would like to stay after the meeting, I’d be more than happy to talk to you. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 284 MINUTES OF THE MEETING JULY 13, 2020 MEMBER OF AUDIENCE: Okay. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have two for this evening. Mr. Clerk, would you please read Resolution #28, by title. #28. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SAFETY DIRECTOR TO OPEN ONE OR MORE PURCHASE ORDERS IN TOTAL AMOUNT NOT TO EXCEED $47,000.00 FOR UPGRADING OF CAMERA SYSTEM WITH WI-FIBER FOR POLICE DEPARTMENT. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Informal Resolution #28. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #28. Are there any remarks? …Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #28 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #28 is adopted. Resolution #29, please. #29. PERSONNEL COMMITTEE: CONFIRM MAYOR’S APPOINTMENT OF JILL PFEIFFER-WARD TO TREE COMMISSION COMMENCING 7/13/20 TO 12/31/20. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Informal Resolution #29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #29. Are there any remarks? …Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #29 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #29 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 COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 285 MINUTES OF THE MEETING JULY 13, 2020 IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED JULY 13, 2020. 230. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 6/30/20. – RECEIVED & FILED 231. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 6/1/20 THRU 6/30/20. – RECEIVED & FILED 232. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/20 THRU 6/30/20. – RECEIVED & FILED 233. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR JUNE, 2020. – RECEIVED & FILED 234. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT FOR AND RECEIVE FAIR HOUSING PARTNERSHIP FUNDS FR DEPT OF HUD; AUTHORIZE AUDITOR TO ESTABLISH 2224 2020 FH PARTNERSHIP GRANT FUND FOR TRACKING GRANT REVENUE AND EXPENDITURES; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ALL PROF CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF PROG DURING GRANT PERIOD USING ANY PROCESS IN CODIFIED ORD OR ORC; REQ $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 505010 FAIR HOUSING DEPT – OTHER, $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 2020 FH PARTNERSHIP GRANT FUND TO 2224 505010 FAIR HOUSING DEPT – OTHER AND $10,000.00 INTER-FUND TRF FR 1001 505010 FAIR HOUSING DEPT – ADV OUT TO 2224 505010 FAIR HOUSING DEPT – ADV IN; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 235. DEPUTY MAYOR WILLIAMS: PROCEED WITH HOF VILLAGE HOTEL, LLC SPECIAL IMPROVEMENTS PROJS AS DESCRIBED IN PETITION AND RESOLUTION OF NECESSITY; ADOPT AND CONFIRM LIST OF SPECIAL ASSESSMENTS IN AMT SUFFICIENT TO PAY COSTS OF PROJ TO BE LEVIED AND ASSESSED; ASSESS SPECIAL ASSESSMENTS AGAINST PROPERTY COMMENCING IN TAX YR 2021 FOR COLLECTION IN 2022 TO CONTINUE THRU TAX YR 2038 FOR COLLECTION IN 2039; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 236. DEPUTY MAYOR WILLIAMS: AUTHORIZE CANTON CITY COUNCIL TO APPT ONE MEMBER TO CANTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT CREATED VIA O#112/2020 ON 6/15/20, PURSUANT TO ORC SEC 1710.04. – PERSONNEL COMMITTEE 237. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY WITH WATCHGUARD FOR LEASE OF 130 BODY CAMS, 6 IN-CAR CAMS AND 3 YRS CLOUD STORAGE; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR LEASE OF SAID ITEMS IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER ORC OR CANTON CODIFIED COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 286 MINUTES OF THE MEETING JULY 13, 2020 ORD; AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS FOR INSTALLATION OF SAID HARDWARE AND SOFTWARE NEEDED FOR THIS PROJ; AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL OBS THAT ARISE WITH THIS PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; REQ $116,190.26 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN – OTHER. – FINANCE COMMITTEE 238. SAFETY DIRECTOR PERRY: REQ INFORMAL RESOLUTION AUTHORIZING SAF DIR TO ENTER INTO ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $47,000.00 FOR UPGRADING OF CAMERA SYSTEM WITH WI-FIBER FOR POLICE DEPT. – RECEIVED & FILED 239. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACT WITH ARCADIS FOR ENGINEERING SERVS DURING STRUCTURAL EVAL PHASE OF CROMER RESERVOIR IMPROVEMENT PROJ IN AMT OF $258,205.00; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH OH WATER DEVELOPMENT AUTHORITY (OWDA) FOR PLANNING LOAN IN AMT NOT TO EXCEED $258,205.00 FOR ENGINEERING SERVS DURING SAID PHASE OF CROMER RESERVOIR IMPROVEMENT PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE FUND 5242 CROMER RESERVOIR IMPROVEMENT PROJ FUND, UPON APPROVAL OF OWDA, TO RECEIVE ALL LOAN AND REVENUE PROCEEDS AND TRACK PROJ EXPENDITURES; REQ $258,205.00 SUPP APPROP FR UNAPPROP BAL OF 5242 CROMER RESERVOIR IMPROVEMENT PROJ FUND TO 5242 207070 CROMER RESERVOIR IMPROVEMENT PROJ – OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES 240. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #2 WITH WENGER EXCAVATING, INC. IN AMT OF $140,000.00 FOR AULTMAN CANCER CTR PUBLIC UTILITIES RELOCATION PROJ, GP 1324; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN PRIOR TO FINALIZATION OF CHANGE ORDER RESULTING FR THIS ORDINANCE; AUTHORIZE AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS NEEDED TO CLOSE OUT THIS PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#4 & O#5 ADOPTED): O#1. (1ST RDG) AN ORDINANCE ADOPTING THE CITY OF CANTON’S ALTERNTIVE TAX BUDGET FOR THE FISCAL YEAR ENDING DECEMBER 31, 2021; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 287 MINUTES OF THE MEETING JULY 13, 2020 Referred to Finance Committee O#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN EASEMENT AGREEMENT WITH THE EAST OHIO GAS COMPANY D/B/A DOMINION ENERGY OHIO (DEO) FOR THE INSTALLATION OF A GAS PIPELINE; AND DECLARING THE SAME TO BE AN EMERGENCY (GUILFORD RD NW, PROJ. NO. 397027-014) Referred to Environmental & Public Utilities Committee O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE FOR ENGINEERING SERVICES AND TO ENTER INTO AGREEMENT WITH THE OHIO WATER DEVELOPMENT AUTHORITY FOR A PLANNING LOAN IN AN AMOUNT NOT TO EXCEED $2,670,000.00; AUTHORIZING THE AUDITOR TO CREATE THE 5241 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,670,000.00 SUPP APPROP FR UNAPPROP BAL OF 5241 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJECT FUND TO 5241 207069 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJECT – OTHER) Referred to Finance Environmental & Public Utilities Committees (COUNCIL RECESSED AT 7:43 PM FOR FINANCE COMMITTEE TO DISCUSS O#4; RECONVENED AT 7:44 PM) O#4. (1ST RDG) ADOPTED AS ORDINANCE NO. 125/2020 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($65,000.00 SUPP APPROP FR UNAPPROP BAL OF 2328 301019 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 301019 PUBLIC HEALTH INFRASTRUCTURE – 600 PERSONNEL COSTS - $20,000.00, TO 2328 301019 PUBLIC HEALTH INFRASTRUCTURE – 700 OTHER DIRECT COSTS - $45,000.00) Referred to Finance Committee (COUNCIL RECESSED AT 7:44 PM FOR PERSONNEL COMMITTEE TO DISCUSS O#5; RECONVENED AT 7:44 PM) O#5. (1ST RDG) ADOPTED AS ORDINANCE NO. 126/2020 A RESOLUTION APPOINTING WILLIAM SMUCKLER TO THE CANTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC. (ESID) BOARD OF DIRECTORS AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 288 MINUTES OF THE MEETING JULY 13, 2020 CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for Finance and Personnel Committees to meet in regard to Ordinances 4 and 5 on your agenda this evening. You are now in recess. PRESIDENT SHERER: Council is reconvening after the recess. Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A and add Ordinances 4 and 5 back to the agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 4 and 5 back on this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 4 and 5 are a legal part of your agenda. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we suspend Statutory Rules of Ordinances 4 and 5. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 4 and 5. 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. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #4. Are there any remarks under this Ordinance? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 289 MINUTES OF THE MEETING JULY 13, 2020 CLERK DOUGHERTY: Twelve yeas, Mr. President. #4 ADOPTED AS ORDINANCE NO. 125/2020 PRESIDENT SHERER: The motion carries and Ordinance #4 has been adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #5. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #5. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION (MEMBER SMUCKLER ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President. #5 ADOPTED AS ORDINANCE NO. 126/2020 PRESIDENT SHERER: The motion carries and Ordinance #5 has been adopted. ORDINANCES AND FORMAL RESOLUTONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #6. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCE #6 THROUGH #10 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#6 ADOPTED) O#6. (2ND RDG) ADOPTED AS ORDINANCE NO. 127/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ACCEPT PARCEL NO. 243103 FROM HOF VILLAGE HOTEL II, LLC FOR SUBSEQUENT TRANSFER TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #6. CLERK DOUGHERTY: Suspend the rules. MEMBER SMUCKLER: No, I’m sorry. Mr. President, I move we suspend rules of Ordinance #6. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 290 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #6. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries. You’ve heard the three readings. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #6. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAY (MEMBER MORRIS VOTED NAY) CLERK DOUGHERTY: Eleven yeas, one nay, Mr. President. #6 ADOPTED AS ORDINANCE NO. 127/2020 PRESIDENT SHERER: The motion carries and Ordinance #6 has been adopted. Ordinance #7, please. O#7. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $6,156.00 TO BLACK MCCUSKEY SOUERS & ARBAUGH LPA; AND DECLARING THE SAME TO BE AN EMERGENCY (PROF SERVS RENDERED) O#8. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 21925, 21926 AND 21927; AND DECLARING THE SAME TO BE AN EMERGENCY (GANESH CANTON LLC) O#9. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE TIMKENSTEEL CORPORATION – 2505 SHEPLER CHURCH AVE SW ANNEXATION AREA CONTAINING APPROXIMATELY 7.431 ACRES, MORE OR LESS; ASSIGNING SAID TERRITORY TO WARD 5 OF THE CITY; ZONING SAID TERRITORY AS I-2 HEAVY INDUSTRY DISTRICT (I-2); AND DECLARING THE SAME TO BE AN EMERGENCY PUB HRG 7/27/20 @ 7:00 PM O#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY CENTRAL ALLIED ENTERPRISES, INC. A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $21,405.74 RELATED TO THE SHORB AVE SANITARY SEWER EXTENSION COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 291 MINUTES OF THE MEETING JULY 13, 2020 AND MANHOLE CONSTRUCTION; AND DECARING THE SAME TO BE AN EMERGENCY CLERK DOUGHERTY: Mr. President. ORDINANCES AND 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 read Ordinance #11. O#11. (3RD RDG) ADOPTED AS ORDINANCE NO. 128/2020 AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE HOF FITNESS TOURISM DEVELOPMENT DISTRICT, FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY (HOF FITNESS CENTER) PUB HRG 6/29/20 @ 7:00 PM PUB HRG 7/13/20 @ 7:00 PM PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #11. Are there any remarks? MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Is that Member…Fisher? MEMBER MORRIS: That’d be Frank. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Okay…couple of questions here for Deputy…uh…Mayor Williams. (Inaudible) and I can understand why we did this TDD with the Hall of Fame Village…uh…on this particular property because (Inaudible). CLERK DOUGHERTY: We’re having trouble hearing him. (Inaudible). MEMBER HAWK: We can’t hear. PRESIDENT SHERER: Member Morris, we’re having…we’re having trouble hearing you. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 292 MINUTES OF THE MEETING JULY 13, 2020 MEMBER MORRIS: Okay. Can you hear me better. PRESIDENT SHERER: No…it’s still…it’s still faint. MEMBER MORRIS: Alright, hold on. Can you hear me now? PRESIDENT SHERER: It’s getting better. (Inaudible). MEMBER MORRIS: Give me one second. PRESIDENT SHERER: That’s better. That’s much better right there, Member Morris. MEMBER MORRIS: Can you hear me now? PRESIDENT SHERER: Absolutely. Thank you. MEMBER MORRIS: Okay. Uh…questions are directed to Deputy Mayor Williams. You know, I understood why we did this whole process on the Village itself, uh…but for this particular property, first question comes to mind…who and why should we do this on this property? Uh, there’s…there’s no parking here. There’s…there’s no admission tickets and I’m completely confused why we would do it on this property. DEPUTY MAYOR WILLIAMS: Uh, Mr. President. PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: Uh…Mr. Morris…Member Morris, uh, the owner of the property…uh… requested this TDD…uh…there’s approximately 26 acres of land that’s associated with this…with the various parcels that make up this property. Uh…the owners of the property are partitioning themselves for future development and with the TDD, they will be able to implement or levy the additional taxes that are permitted through a TDD. MEMBER MORRIS: Okay. Deputy Mayor, how are they going to levy the tax when it’s a Fitness Center and undeveloped property? I can see how the Hall of Fame was able to levy taxes based on this parking and other development, but this is a fitness center. DEPUTY MAYOR WILLIAMS: Mr. President. MEMBER MORRIS: I…I… PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: Uh, Member Morris. Again, their intent is to development the property in the future just like Hall of Fame Village has an intent to develop their property in the future. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 293 MINUTES OF THE MEETING JULY 13, 2020 MEMBER MORRIS: Okay, so…with that being said, this statute…um…in the Revised Code (Inaudible). So, what we’re saying is we’re going to try to push this…we’re going to get this thru to get it before this…this expires. Is that what we’re doing here? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: Uh…Member Morris, my understanding is that all TDDs, legislatively, have to be in place by 12/31/20, and therefore, the request…the request is for this to be adopted prior to that expiration date. MEMBER MORRIS: Okay, thanks… Who determines (Inaudible) the tax rate is on what’s developed there? Because while Revised Code…the state of Ohio says it can anywhere from 1 ½ to 8%. Who gets that money and who determines what (Inaudible). DEPUTY MAYOR WILLIAMS: Sure. So, uh…Mr. President, Member Morris. There is different taxes that are associated with this piece of legislation and that will be determined. Uh…it will come back to this particular body. Uh…this legislation is asking to implement the TDD itself. MEMBER MORRIS: Thank you. PRESIDENT SHERER: Thank you Member Morris. Are there any additional remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 1 NAY (MEMBER MORRIS VOTED NAY) CLERK DOUGHERTY: Eleven yeas, one nay, Mr. President. #11 ADOPTED AS ORDINANCE NO. 128/2020 PRESIDENT SHERER: The motion carries and Ordinance #11 is adopted. Ordinance #12, please. O#12. (3RD RDG) ADOPTED AS ORDINANCE NO. 129/2020 AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE DOWNTOWN CANTON TOURISM DEVELOPMENT DISTRICT, FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY (FORMER MCKINLEY GRAND) PUB HRG 6/29/20 @ 7:01 PM PUB HRG 7/13/20 @ 7:01 PM PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 294 MINUTES OF THE MEETING JULY 13, 2020 MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 1 NAY, 1 ABSTENTION (MEMBER HAWK ABSTAINED, MEMBER MORRIS VOTED NAY) CLERK DOUGHERTY: Ten yeas, one nay, one abstention, Mr. President. #12 ADOPTED AS ORDINANCE NO. 129/2020 PRESIDENT SHERER: The motion carries and Ordinance #12 is adopted. Ordinance #13, please. O#13. (3RD RDG) ADOPTED AS ORDINANCE NO. 130/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER A ONE (1) YEAR CONTRACT WITH THE OPTION OF TWO (2) ONE (1) YEAR EXTENSIONS WITH STARK METROPOLITAN HOUSING AUTHORITY FOR VEHICLE MAINTENANCE AND FUEL SERVICES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #13. 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: Was that a yeah or a nay for Member Morris? Member Morris, was that a yeah? MEMBER MORRIS: Yes. PRESIDENT SHERER: Okay, thank you. Thank you, Member Morris, just for clarification. #13 ADOPTED AS ORDINANCE NO. 130/2020 COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 295 MINUTES OF THE MEETING JULY 13, 2020 MEMBER MORRIS: Did I catch him off guard again? (Laughs). PRESIDENT SHERER: The motion carries and Ordinance #13 is adopted. Ordinance #14, please. O#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 131/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY FOR PURCHASE AND DISTRIBUTION OF APPROXIMATELY 25,000 WHEELED CARTS FOR THE SANITATION DEPARTMENT TO BE DISTRIBUTED FOR SINGLE FAMILY RESIDENTIAL USE; OR TO ALTERNATIVELY ENTER INTO ALL CONTRACTS NECESSARY USING ANY PROCUREMENT METHOD AUTHORIZED BY LAW; AND TO ENTER INTO A LEASE TO PURCHASE AGREEMENT TO FACILITATE SAID PURCHASE; AND DECLARING THE SAME TO BE AN EMERGENCY 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 SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Service Director Highman? SERVICE DIRECTOR HIGHMAN: Yes, sir. MEMBER SMUCKLER: You and I had a conversation earlier today. I’d like to go over that again. If a person in the community does not want to use the carts, like Mr. Fonte, and set out his garbage in a little bag, is that acceptable? SERVICE DIRECTOR HIGHMAN: Yes. Uh…(Inaudible), I think this was reported on the article and it’s going to be in the updated Sanitation Rules. If there is an individual who, for uh…so…one reason or another, for example, if you put out a very, very small quantity of trash and uh…the cart would not be uh…logical to use, you would go and ask the Sanitation Department for an exemption and uh…you would not have to use the cart in that set of circumstances. MEMBER SMUCKLER: If Mr. Fonte changed his mind during the year and had an overabundance of trash, when the garbage came through, he could put out the big garbage container at that point in time, correct? COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 296 MINUTES OF THE MEETING JULY 13, 2020 SERVICE DIRECTOR HIGHMAN: Absolutely. And that’s part of the reason why uh…we went with the rear loading tipper models and we are keeping the waste collectors on the back of the trucks, so we can still keep…uh…a) unlimited trash, b) we can deal with exceptions, c) we can deal with bulky items and any other instances that come about. So, the goal here is to be flexible, provide excellent service, while cutting down on injuries and reducing litter. MEMBER SMUCKLER: And last but not least, what will these containers have on them? SERVICE DIRECTOR HIGHMAN: The containers will have the city of Canton seal on the side. There have been some questions about the picture of the sample container. Uh…no city of Canton containers have been manufactured yet, seeing as we do not have authorization to move forward. So, …the…the can that was used in…in the uh…recent media article, that was just a sample can. MEMBER SMUCKLER: Thank you, Mr. Highman. PRESIDENT SHERER: Service Director Highman… MEMBER MORRIS: Mr. President… PRESIDENT SHERER: This is President Sherer. I have a quick question for you. SERVICE DIRECTOR HIGHMAN: Yes, sir. PRESIDENT SHERER: We are not eliminating any jobs by going to this retrofit and the one garbage can, correct? SERVICE DIRECTOR HIGHMAN: No, we are…we are not. And what…what has happened in Sanitation, so everybody understands, for the past 4 to 5 years, through attrition, we are down approximately 4 workers. Through the uh…negotiation process for 2937, how we’re getting through the transition is they have agreed to allow us to use some seasonal workers on an extended period of time. The use and need of the…the seasonal workers has more to do with the route adjustments, which are exclusive of the cans and they actually do the…the can process themselves, so…uh…additionally, kind of as we discussed last week, we have some future plans for the department for some other things we would like to do a better job of…uh…and we’ll have probably about three people of which to do that with once we make this change. PRESIDENT SHERER: Thank you, Service Director. Are there… MEMBER MORRIS: Mr. President. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Yes. Uh, it’s safe to say you’re (Inaudible) yourself to deal with the (Inaudible) calls about this as well. Director Highman. There is a $75.00 replacement fee for each container and the article stated, through basic wear and tear. One of my constituents, or multiple constituents, but one of their major COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 297 MINUTES OF THE MEETING JULY 13, 2020 concerns is… we’ve failed to replace numerous trash cans over the years by neglect of our sanitation workers. We’re not setting ourselves up to get into a pissing match between Sanitation and our constituents, are we? (Inaudible). SERVICE DIRECTOR HIGHMAN: No, sir. And honestly, the…the…that replacement fee would be used in extenuating circumstances only. The way the cans work is…there is a…there is a 10-year warranty on the carts…uh…through normal wear and tear, so the…the $75.00 fee is for the person that sets their can on fire, runs it over with a dump truck, you know, those types of…kind of over-the-top…uh…destructive measures that…that you know…really, really kind of out there. The can has a 10-year warranty and we are (Inaudible) would be, if there’s an issue with the can. That’s why we’re buying extra cans. We’ll have those in…uh…in reserve. We’ll replace the can and send the can back to Schaffer (sp). They’ll fix it and/or replace it for us, and…uh…then move ahead. And honestly, one of the reasons why we picked Schaffer as the can provider, are the references we got with a) the warranty and b) their responsiveness to working through these types of customer issues. So, the $75.00 is…is not for your typical…uh…wear and fare and those and…and…wear and tear and those types of things. That would be… MEMBER MORRIS: Okay. SERVICE DIRECTOR HIGHMAN…over the course of ten, you know, plus years, we would start to replace them, you know, once they wear out, but they’ll be long paid for by then. MEMBER MORRIS: Alright and when it comes to the payment, legislation states we’re starting (Inaudible) over a period of 7 years. (Inaudible) $1.2 million dollars. SERVICE DIRECTOR HIGHMAN: Yes. MEMBER MORRIS: Are those payments going to increase at all or is there interested on that, or is it just going to be total (Inaudible), divided by seven and then in seven years the payment is going to stay the same? SERVICE DIRECTOR HIGHMAN: The pay…the payment it…it does include a slight interest fee. The payment is approximately $164,000.00 over 7 years. That will remain the same, it will not change once we sign the contract. We did shop around. We’re going through the Cooperative Purchasing Program called Sourcewell, formerly MJPA. We did actually take the quote for this and shop around with some local…uh…folks and we were told this is a fantastic deal, to jump on the…uh…Cooperative Contract to do this. But no, there is…there is no like rider or anything else (Inaudible) to make it go up. MEMBER MORRIS: Alright, thank you. PRESIDENT SHERER: Are there any additional remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 131/2020 COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 298 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: The motion carries and Ordinance #14 is adopted. Ordinance #15, please. O#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 132/2020 AN ORDINANCE AMENDING CHAPTER 975, SOLID WASTE MANAGEMENT SYSTEM AND SECTION 947.09, PAYMENT OF CHAPTER 947, SEWER RATES, OF PART 9 OF THE STREETS, UTILITIES & PUBLIC SERVICES CODE PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #15. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 132/2020 PRESIDENT SHERER: The motion carries and Ordinance #15 is adopted. Ordinance #16, please. O#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 133/2020 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT AMENDMENT NO. 1 AND FINAL IN AN AMOUNT NOT TO EXCEED $56,182.00 WITH ARCADIS FOR THE WATER RECLAMATION FACILITY SLUDGE PROCESSING MODIFICATIONS PROJECT, CONTRACT 27 PROFESSIONAL ENGINEERING SERVICES CONTRACT AMENDMENT NO. 1 AND FINAL; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO SAID CONTRACT AMENDMENT; RETROACTIVELY AUTHORIZES ALL ACTIONS TAKEN PRIOR TO THE PASSAGE OF THIS ORDINANCE RELATED TO THE SAME; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader. 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 11 YEAS, 1 ABSTENTION COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 299 MINUTES OF THE MEETING JULY 13, 2020 (MEMBER HALL ABSTAINED) CLERK DOUGHERTY: Eleven yeas, one abstention. #16 ADOPTED AS ORDINANCE NO. 133/2020 PRESIDENT SHERER: The motion carries and Ordinance #16 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. CLERK DOUGHERTY: Mr. President. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Clerk…Clerk Dougherty first please. CLERK DOUGHERTY: Yeah, we’ll have the meetings at 6:30 on 7/27. Treasurer’s Department will have a presentation. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Uh…Finance will meet…um…July 27 in the Council Chambers, at that time. PRESIDENT SHERER: Thank you, Member Mariol. Member Fisher. MEMBER FISHER: Uh…Mr. President. Environmental & Public Utilities will meet July 27th at 6:30 p.m. PRESIDENT SHERER: Thank you, Member Fisher. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I just wanted everyone to know that…uh…I attended the Canton City School Board meeting tonight and Allen School is now to be renamed Stephanie Rushin Patrick. PRESIDENT SHERER: Congratulations. MEMBER SMITH: Um hum… COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 300 MINUTES OF THE MEETING JULY 13, 2020 PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? MEMBER HALL: Mr. President. PRESIDENT SHERER: Member Hall. MEMBER HALL: I would just like our constituents to realize that the Administration is still going through their process about May 29, because I get a lot of calls about…we have no answer yet, but I have talked to them myself and they’re still looking into it. PRESIDENT SHERER: Thank you, Member Hall. I would encourage you, if you have a question, that we would be more than happy to answer after the meeting, but Miscellaneous Business is strictly for the Council Members. Thank you. Is there any other Miscellaneous Business for this evening? Hearing none… Clerk Dougherty, our (Inaudible)…our quote for the week, please. CLERK DOUGHERTY: “Not all heroes wear capes…but a whole dedicated bunch of them wear scrubs.” – Nordic Maxie PRESIDENT SHERER: Amen. Thank you, Clerk Dougherty. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: Thank you for coming this evening and thank you for practicing social distance. Thank you. (Gavel falls). ADJOURNMENT TIME: 8:13 PM ATTEST: 7/16/20 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:00 PM JULY 13, 2020 ROLL CALL: Eleven Members Present MOTION TO EXCUSE MEMBERS: Member Smith Absent for Roll Call; arrived during Public Speaks INVOCATION: Jason Scaglione, Ward 3 Council Member PLEDGE OF ALLEGIANCE: President Sherer AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1st Rdg O#4 & O#5; 2nd Rdg O#6 - O#10; O#4 & O#5 Adopted on 1st Rdg; O#6 Adopted on 2nd Rdg) PUBLIC HEARINGS: 7:00 PM AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE HOF FITNESS TOURISM DEVELOPMENT DISTRICT, FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY (NO SPEAKERS) O#128/2020 7:01 PM AN ORDINANCE DECLARING A DESIGNATED AREA OF THE CITY OF CANTON AS A TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE DOWNTOWN CANTON TOURISM DEVELOPMENT DISTRICT FOR THE PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO OHIO REVISED CODE SECTION 715.014; AND DECLARING THE SAME TO BE AN EMERGENCY (1 SPEAKER) O#129/2020 OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Aayyatt Mustafa spoke about prostitution and drug activity at the apartment buildings at 828 Shorb and 901 Shorb NW, which are very close to his home and business. On Friday night, the “Shorb Block Gang” entered his property and threatened him and his children. He has contacted the police at least 40 times and there have been probably ten reports about these apartment buildings. They are robbing him of his peace and quiet in his own home. As a solution, he is asking that Council grant his household and his business exclusive parking along the front and side of his property, other than emergency vehicles. Ray Mel Renshaw is a member of the Ohio Community Coalition who wants to help the community through better education plans, more community clubs, more businesses for black people and city festivals to raise money for kids with disabilities. He is homeless and he feels the City pays more attention to the Hall of Fame and tourism rather than the homeless situation. He would like to see more shelters for women and better programs and conditions within the existing shelters. Dan Fonte spoke about Canton considering trash carts. He is asking the Administration and Council to consider giving anyone who is on Homestead Exemption some sort of relief from increases to the garbage rates. If there are cost of living increases, these should be based on the Price Consumer Index for the elderly. He would also like to know if residents have to use the new containers or may they put bags out for pickup. He thanked the previous Council and Administration for adopting the Ordinance stating that people on a pension and Social Security do not have to pay City income tax. Curstynn Marks spoke about the policy manual of the Canton Police Department. The Ohio Community Coalition has read through it, and they feel it does not meet the standards that the Mayor claimed it did. At least five out of the eight standards have not been met, including not banning neck holds, not requiring de-escalation, and not requiring a verbal warning before any shooting of a handgun, taser or projectile. She also said they do not report all use of force. She is requesting that all eight measures be adopted. Nate Moran spoke about the events of May 29th when he feels that the Canton Police brutalized their own citizens through the use of chemical warfare. He does not feel that that is an appropriate response to a peaceful demonstration. The Canton Police policy manual states that OC gas and pepper spray are not to be used for crowd dispersal. He asked Council what they plan to do about this. Ashley Green spoke about police disciplinary record access. It has been since June 21st that these public records were requested, but they have not received them. She believes the citizens have a right to know and have access to these records. She also does not believe that the police should receive grants or any resources for military surplus gear. Nana Bradley spoke about minors being questioned by police without the presence of a parent or guardian. She said that minors don’t know the laws, and she is requesting that the Canton Police create a policy requiring that a parent or guardian be present when a juvenile is being questioned and that a parent or guardian be immediately notified when a juvenile is being detained at school before they leave the school grounds. Skylark Bruce is again requesting that all on duty police officers wear body cameras, a public review of the events of May 29th and consequences for the officers who behaved improperly. She is also calling for justice for the daily traumas inflicted by Canton Police on black people, and wants to prevent future murders of black people by Canton Police. They are protesting because they believe change is possible and justice can happen. Tree Hugger (12) Mariah feels that homelessness needs to be addressed. Instead of unnecessary arrests, he believes the money should be used for housing for all homeless individuals. He also believes 12 year old children should be permitted to vote. Ida Ross Freeman spoke about an incident that occurred the first of the month on her street. She called the police three times because a woman was walking down the street asking for money who appeared to have mental issues. Ms. Ida called the police to do a wellness check. No one came out. Later there was a drive- by and the woman was shot. She feels that if the police had responded, the woman may not have been hurt. She also asked that the police do something about the “trap” house next door to her. INFORMAL RESOLUTIONS: 28. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SAF DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $47,000.00 FOR UPGRADING OF CAMERA SYSTEM WITH WI-FIBER FOR POLICE DEPT. – ADOPTED 29. PERSONNEL COMMITTEE: CONFIRM MAYOR’S APPT OF JILL PFEIFFER-WARD TO TREE COMMISSION COMMENCING 7/13/20 TO 12/31/20. - ADOPTED COMMUNICATIONS: 230. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 6/30/20. – RECEIVED & FILED 231. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 6/1/20 THRU 6/30/20. – RECEIVED & FILED 232. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/20 THRU 6/30/20. – RECEIVED & FILED 233. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR JUNE, 2020. – RECEIVED & FILED CANTON CITY COUNCIL PAGE | 2 JULY 13, 2020 COMMUNICATIONS CONTINUED: 234. DEPUTY MAYOR WILLIAMS: AUTHORIZE MAYOR AND/OR SERV DIR TO APPLY FOR, ENTER INTO AGMT FOR AND RECEIVE FAIR HOUSING PARTNERSHIP FUNDS FR DEPT OF HUD; AUTHORIZE AUDITOR TO ESTABLISH 2224 2020 FH PARTNERSHIP GRANT FUND FOR TRACKING GRANT REVENUE AND EXPENDITURES; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ALL PROF CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF PROG DURING GRANT PERIOD USING ANY PROCESS IN CODIFIED ORD OR ORC; REQ $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 505010 FAIR HOUSING DEPT – OTHER, $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 2020 FH PARTNERSHIP GRANT FUND TO 2224 505010 FAIR HOUSING DEPT – OTHER AND $10,000.00 INTER-FUND TRF FR 1001 505010 FAIR HOUSING DEPT – ADV OUT TO 2224 505010 FAIR HOUSING DEPT – ADV IN; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 235. DEPUTY MAYOR WILLIAMS: PROCEED WITH HOF VILLAGE HOTEL, LLC SPECIAL IMPROVEMENTS PROJS AS DESCRIBED IN PETITION AND RESOLUTION OF NECESSITY; ADOPT AND CONFIRM LIST OF SPECIAL ASSESSMENTS IN AMT SUFFICIENT TO PAY COSTS OF PROJ TO BE LEVIED AND ASSESSED; ASSESS SPECIAL ASSESSMENTS AGAINST PROPERTY COMMENCING IN TAX YR 2021 FOR COLLECTION IN 2022 TO CONTINUE THRU TAX YR 2038 FOR COLLECTION IN 2039; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 236. DEPUTY MAYOR WILLIAMS: AUTHORIZE CANTON CITY COUNCIL TO APPT ONE MEMBER TO CANTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT CREATED VIA O#112/2020 ON 6/15/20, PURSUANT TO ORC SEC 1710.04. – PERSONNEL COMMITTEE 237. SAFETY DIRECTOR PERRY: AUTHORIZE MAYOR AND/OR SAF DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY WITH WATCHGUARD FOR LEASE OF 130 BODY CAMS, 6 IN-CAR CAMS AND 3 YRS CLOUD STORAGE; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR LEASE OF SAID ITEMS IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER ORC OR CANTON CODIFIED ORD; AUTHORIZE MAYOR AND/OR SAF DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS FOR INSTALLATION OF SAID HARDWARE AND SOFTWARE NEEDED FOR THIS PROJ; AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL OBS THAT ARISE WITH THIS PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; REQ $116,190.26 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN – OTHER. – FINANCE COMMITTEE 238. SAFETY DIRECTOR PERRY: REQ INFORMAL RESOLUTION AUTHORIZING SAF DIR TO ENTER INTO ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $47,000.00 FOR UPGRADING OF CAMERA SYSTEM WITH WI-FIBER FOR POLICE DEPT. – RECEIVED & FILED 239. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACT WITH ARCADIS FOR ENGINEERING SERVS DURING STRUCTURAL EVAL PHASE OF CROMER RESERVOIR IMPROVEMENT PROJ IN AMT OF $258,205.00; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH OH WATER DEVELOPMENT AUTHORITY (OWDA) FOR PLANNING LOAN IN AMT NOT TO EXCEED $258,205.00 FOR ENGINEERING SERVS DURING SAID PHASE OF CROMER RESERVOIR IMPROVEMENT PROJ; AUTHORIZE AUDITOR TO ESTABLISH AND CREATE FUND 5242 CROMER RESERVOIR IMPROVEMENT PROJ FUND, UPON APPROVAL OF OWDA, TO RECEIVE ALL LOAN AND REVENUE PROCEEDS AND TRACK PROJ EXPENDITURES; REQ $258,205.00 SUPP APPROP FR UNAPPROP BAL OF 5242 CROMER RESERVOIR IMPROVEMENT PROJ FUND TO 5242 207070 CROMER RESERVOIR IMPROVEMENT PROJ – OTHER; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES CANTON CITY COUNCIL PAGE | 3 JULY 13, 2020 COMMUNICATIONS CONTINUED: 240. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CHANGE ORDER #2 WITH WENGER EXCAVATING, INC. IN AMT OF $140,000.00 FOR AULTMAN CANCER CTR PUBLIC UTILITIES RELOCATION PROJ, GP 1324; RETRO AUTHORIZE ANY AND ALL ACTIONS TAKEN PRIOR TO FINALIZATION OF CHANGE ORDER RESULTING FR THIS ORDINANCE; AUTHORIZE AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS NEEDED TO CLOSE OUT THIS PROJ; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING: 1ST RDG 1. ADOPT CITY OF CANTON’S ALTERNATIVE TAX BUDGET FOR FISCAL YR ENDING 12/31/21; EMERGENCY Referred to Finance Committee 1ST RDG 2. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO EASEMENT AGMT WITH EAST OH GAS CO DBA DOMINION ENERGY OH (DEO) FOR INSTALLATION OF GAS PIPELINE; EMERGENCY (GUILFORD RD NW, PROJ NO 397027-014) Referred to Environmental & Public Utilities Committee 1ST RDG 3. AUTHORIZE MAYOR OR SERV DIR TO: ENTER INTO PROF SERVS CONTRCT WITH BURGESS & NIPLE FOR ENGINEERING SERVS AND TO ENTER INTO AGMT WITH OH WATER DEVELOPMENT AUTHORITY FOR PLANNING LOAN IN AMT NOT TO EXCEED $2,670,000.00; AUTHORIZE AUDITOR TO CREATE 5241 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJ FUND; AMEND APPROP O#59/2020; EMERGENCY ($2,670,000.00 SUPP APPROP FR UNAPPROP BAL OF 5241 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJ FUND TO 5241 207069 SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJ – OTHER) Referred to Finance and Environmental & Public Utilities Committees (COUNCIL RECESSED AT 7:43 PM FOR FINANCE COMMITTEE TO DISCUSS O#4; RECONVENED AT 7:44 PM) 125/2020 4. AMEND APPROP O#59/2020; EMERGENCY ($65,000.00 SUPP APPROP FR UNAPPROP BAL OF 2328 301019 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 301019 PUBLIC HEALTH INFRASTRUCTURE – 600 PERSONNEL COSTS FOR $20,000.00 AND TO 2328 301019 PUBLIC HEALTH INFRASTRUCTURE – 700 OTHER DIRECT COSTS FOR $45,000.00) Referred to Finance Committee (COUNCIL RECESSED AT 7:44 PM FOR PERSONNEL COMMITTEE TO DISCUSS O#5; RECONVENED AT 7:45 PM) 126/2020 5. APPT WILLIAM SMUCKLER TO CANTON REGIONAL ENERGY SPECIAL IMPROVEMENT DISTRICT, INC (ESID) BOARD OF DIRECTORS; EMERGENCY Referred to Personnel Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#6 – O#10; O#6 ADOPTED) 127/2020 6. AUTH MAYOR OR SERV DIR TO ACCEPT PARCEL NO. 243103 FR HOF VILLAGE HOTEL II, LLC FOR SUBSEQUENT TRF TO CANTON COMMUNITY IMPROVEMENT CORPORATION; EMERGENCY (C&ED) 2ND RDG 7. AUTH AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $6,156.00 TO BLACK MCCUSKEY SOUERS & ARBAUGH LPA; EMERGENCY (PROF SERVS RENDERED) (FIN) 2ND RDG 8. APPROVE AND ACCEPT REPLAT OF LOTS 21925, 21926 AND 21927; EMERGENCY (GANESH CANTON LLC) (PS&T) 2ND RDG 9. AUTH CANTON TO ANNEX TERRITORY KNOWN AS TIMKENSTEEL CORPORATION – 2505 SHEPLER CHURCH AVE SW ANNEXATION AREA CONTAINING APPROXIMATELY 7.431 ACRES, MORE OR LESS; ASSIGN SAID TERRITORY TO WARD 5; ZONING SAID TERRITORY AS I-2 HEAVY INDUSTRY DISTRICT; EMERGENCY PUB HRG 7/27/20 @ 7:00 PM (ANNEX) 2ND RDG 10. AUTH AUDITOR TO PAY CENTRAL ALLIED ENTERPRISES, INC. A MORAL OB IN AN AMT NOT TO EXCEED $21,405.74 RELATED TO SHORB AVE. SANITARY SEWER EXTENSION AND MANHOLE CONSTRUCTION; EMERGENCY (FIN) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 128/2020 11. DECLARE DESIGNATED AREA OF CITY OF CANTON AS TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE HOF FITNESS TOURISM DEVELOPMENT DISTRICT, FOR PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO ORC SEC 715.014; EMERGENCY PUB HRGS 6/29/20 @ 7:00 PM AND 7/13/20 @ 7:00 PM 129/2020 12. DECLARE DESIGNATED AREA OF CITY OF CANTON AS TOURISM DEVELOPMENT DISTRICT, TO BE KNOWN AS THE DOWNTOWN CANTON TOURISM DEVELOPMENT DISTRICT, FOR PURPOSE OF FOSTERING AND DEVELOPING TOURISM IN THAT DISTRICT, PURSUANT TO ORC SEC 715.014; EMERGENCY PUB HRGS 6/29/20 @ 7:01 PM AND 7/13/20 @ 7:01 PM CANTON CITY COUNCIL PAGE | 4 JULY 13, 2020 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED: 130/2020 13. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ONE (1) YR CONTRACT WITH OPTION OF TWO (2) ONE (1) YR EXTENSIONS WITH STARK METRO HOUSING AUTHORITY FOR VEHICLE MAINTENANCE AND FUEL SERVICES; EMERGENCY 131/2020 14. AUTHORIZE MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY FOR PURCHASE AND DISTRIBUTION OF APPROX 25,000 WHEELED CARTS FOR SANITATION DEPT TO BE DISTRIBUTED FOR SINGLE FAMILY RESIDENTIAL USE; OR TO ALTERNATIVELY ENTER INTO ALL CONTRACTS NECESSARY USING ANY PROCUREMENT METHOD AUTHORIZED BY LAW; AND TO ENTER INTO LEASE TO PURCHASE AGMT TO FACILITATE SAID PURCHASE; EMERGENCY 132/2020 15. AMEND CHAPTER 975, SOLID WASTE MGMT SYSTEM AND SEC 947.09, PAYMENT OF CHAPTER 947, SEWER RATES, OF PART 9 OF STREETS, UTILITIES & PUBLIC SERVICES CODE 133/2020 16. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT AMENDMENT NO. 1 AND FINAL IN AMT NOT TO EXCEED $56,182.00 WITH ARCADIS FOR WRF SLUDGE PROCESSING MODIFICATIONS PROJ; CONTRACT 27 PROF ENGINEERING SERVICES CONTRACT AMENDMENT NO. 1 AND FINAL; AUTHORIZES AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO SAID CONTRACT AMENDMENT; RETRO AUTHORIZES ALL ACTIONS TAKEN PRIOR TO PASSAGE OF ORDINANCE RELATED TO SAME; EMERGENCY ANNOUNCEMENT OF COMMITTEE MEETINGS: MONDAY, JULY 27, 2020 in Council Caucus Room @ 6:30 PM 1) Finance Committee 2) Environmental & Public Utilities Committee BANK NEGOTIATION UPDATE – TREASURER PEREZ MISCELLANEOUS BUSINESS: Member Smith stated that she attended the School Board meeting tonight where Allen Elementary was renamed “Stephanie Patrick Elementary.” Member Hall indicated that he has personally spoken with the Administration and they are still going through the process regarding the events on May 29th. President Sherer advised the audience that if anyone has any questions, Council will be happy to answer them after the meeting. QUOTE OF THE WEEK: “Not all heroes wear capes… but a whole dedicated bunch of them wear scrubs.” –Nordic Maxie ADJOURNMENT: 8:13 PM THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, JULY 27, 2020 @ 7:00 PM Canton City Council Meetings are available for online streaming on Mondays at 7:00 PM, at https://www.cantonohio.gov/516/City-Council

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