City Council

COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 328 MINUTES OF THE MEETING AUGUST 10, 2020 PRESIDENT SHERER: Good evening, ladies and gentlemen, and welcome to Canton City Council. Please turn your cell phones to vibrate. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Mr. Clerk. 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. (MEMBERS SCHULMAN, KIMBROUGH, FISHER, MARIOL & MORRIS APPEARED VIA VIDEOCONFERENCE) CLERK DOUGHERTY: Twelve here…twelve members present. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Majority Leader Smuckler. MEMBER SMUCKLER: Whoever’s got that wind tunnel going…I need it to shut off...and I don’t know who’s got it…we have other callers called in too, besides our Council people…and I need that wind tunnel off. (MEETING PAUSED WHILE I.T. DEPARTMENT MAKES REPAIRS TO SYSTEM) PRESIDENT SHERER: That sounds a little bit better. MEMBER SMUCKLER: That sounds a lot better. PRESIDENT SHERER: Before we get started, Majority Leader Smuckler would like to say a few words. MEMBER SMUCKLER: So you’re all aware…(Inaudible) PRESIDENT SHERER: Member Schulman, can you hear me? (Inaudible). Member Schulman, can you hear me? Okay. Member Smuckler. MEMBER SMUCKLER: For the record, uh…last Wednesday night there was a meeting in here with a number of groups…myself, Councilman Scaglione and Councilman Hawk. For the record, I was sitting where Member Smith’s sitting and unfortunately, and I apologize to you folks, I sent out or asked the Clerk to send out two emails that never made it to anybody, inviting everybody to these meetings. This is not my show by any stretch of the imagination and I can promise you I would of felt a lot more comfortable if was more than just the three of us there. Um…I take this job very seriously and from now on, I’ve been told by the I.T. Department, that this email situation is now corrected and that everybody should…receiving their emails. If they don’t get their usual ten a day, then please call in here and find out what’s going on. Because you should all be kept up on what’s going on. You should be getting a lot of emails out of, not only this office, the Mayor’s office, other offices too. So again, my apologies no one else heard about this, but I can promise you I asked for the emails to be sent to all of you. Member Hawk and Member Scaglione happened to show up that day because I had COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 329 MINUTES OF THE MEETING AUGUST 10, 2020 spoken to both of them during the day, that day. Again, my apologies and I hope for all our sakes this doesn’t happen that way in the future. Thank you. PRESIDENT SHERER: Thank you, Member Smuckler. Before we do tonight’s invocation, uh…Member Smith would like to say a few words. MEMBER SMITH: First of all…can we have… CLERK DOUGHERTY: Could you come up to the mic, please… MEMBER SMITH: You want me to step to the mic? CLERK DOUGHERTY: So we can have you recorded. Make sure it’s on. MEMBER SMITH: I thought I was loud enough. Good evening everyone. What I would like to say…uh…the last meeting, I had the duty of doing the invocation and I failed to recognize the death of Congressman John Lewis. At this time, before we do the invocation, I would ask if everyone would stand please. And I would like for him to be recognized as one of the great Civil Rights leaders, a great Congressman and a person that was well deserved in his field, in what he did, and then I learned that his last words was to the people, is to get out and vote. At this time, could we do a moment of silence. (MOMENT OF SILENCE FOR U.S. REPRESENTATIVE JOHN LEWIS) MEMBER SMITH: Thank you so very much. PRESIDENT SHERER: Amen. MEMBER SCHULMAN: I don’t have…I have no audio. I can’t hear them at all. (Inaudible). PRESIDENT SHERER: Alright guys, we’re going to move on here. Tonight’s invocation will be given by Ward 5 Council Member, Robert Fisher. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on August 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 Ward 5 Council Member, Robert Fisher. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Council Members that are on the Go To Meeting right now, all the back chatter…everybody can hear, in Council. So, if you could please mute your mic, that would be greatly appreciated. MEMBER FISHER: Mr. President. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 330 MINUTES OF THE MEETING AUGUST 10, 2020 PRESIDENT SHERER: Member Fisher. MEMBER FISHER: (Inaudible). I heard every other word you said, (Inaudible). (MEETING PAUSED WHILE I.T. DEPARTMENT MAKES REPAIRS TO SYSTEM) AGENDA CORRECTIONS AND CHANGES PRESIDENT SHERER: Alright so, moving on...we are now under Agenda Corrections and Changes, Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended to add 2nd Readings of Ordinances 16 through 18 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings to Ordinances 16 through 18 to this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, O NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 16 through 18 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have none for this evening. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business, and there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have 4 speakers for this evening. Our first speaker is Ms. Kimberly Bell. And I would like to remind everybody that signed up for Public Speaks that you do have three minutes and try to maintain to that timeframe out…out of respect for everybody that’s speaking tonight. Ms. Bell could you…you step forward and give us your name and residential address, please. KIMBERLY BELL: Yes, Kimberly Bell. 135 17th Street NW, Canton, Ohio. Is that all? I forgot. I haven’t been here in so long. Is that all? Just my name and address? PRESIDENT SHERER: Yes, please. KIMBERLY BELL. Oh, okay. First I wanna…I wanna address what uh…Councilman Schulman was saying about he…how he unhap…how he was unhappy about uh the emails that went out, that didn’t get sent out or whatever…well, I…I got…I feel your pain because a lot of y’all need to retire. It needs to be a younger group COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 331 MINUTES OF THE MEETING AUGUST 10, 2020 in here with some fresher ideals and…and that’s why I’m running for office. I don’t know how to be a Mayor but I’m hoping if I…since I’m running in 2023, I’m hoping to get coached by the current Mayor. He’ll teach me a few things and give…be a coach for me and I would like to say, I would like to get new Council Members under the age of 60. And…but…but other than that, let me tell you what I’m here about today. Um…the…the…the issue that you was here about last week, about defunding the police. We need law and order because if we defund the police and everything turns into the purge, our neighbor…our black neighborhoods will be the first to be attacked by this defunded…no police, no protection…no…the kids will be violated, grandparents and parents will be violated. So you can’t defund the police. I mean, you can weed out the bad ones and, and get some new ones in and stop the buddy-buddy system that’s in the police department, but you can’t, you can’t defund the police. I had an idea of maybe letting the armed forces police the streets, but there you’re going to have them with assault rifles on, walking the streets and everybody’s gonna have a curfew, so you can’t get the armed forces to do it. So, I mean, you’re not gonna please everybody with any issue, so just do your best. I mean, in order for you…for City Council, the Mayor, the judges, the anything. I’m a paralegal. I have a paralegal degree and a legal assistance degree, and you know, in order for…let me go over here in my notes…in order for a…a…a…a…a…a law to be changed, it has to be changed by…uh…uh…uh…a majority opinion. Judges will have to be on the panel, they have to get these, the issues on the…with…in front of the panel and it can’t be decided by one person. It takes a panel. Just like the issues we’re dealing with, with the protesters and the Black Lives that Matter, you can put it all on the Mayor, but he can’t make the decision by himself. It has to be done by a panel, which takes time. PRESIDENT SHERER: Ms. Bell, would you please bring your remarks to a close, please. KIMBERLY BELL: Yes, I am. How many seconds I got? PRESIDENT SHERER: Uh, you are actually out of time. (Laughter). KIMBERLY BELL: Oh, okay, but when I was fighting for…with you guys in September and October, you know, when Muhammad Ali and George Forman was fighting, as the long as the fighting continued, nobody…you couldn’t get a win…you couldn’t give a winner. So, in order to decide who’s going to win this, the fighting’s got to stop and then it’ll be decided who won. When I was fighting you guys back then, I dropped my law suit. You didn’t win, I won, because I made you work for it. That prosecutor that had the case, he had to file. Every time I filed a motion, he had to file a motion… PRESIDENT SHERER: Ms. Bell… KIMBERLY BELL: You had to get a…you had to hire a judge from out of another county to hear my case. So, you didn’t win, I won. PRESIDENT SHERER: Thank you, Ms. Bell. Our next speaker is Ida Ross Freeman…and I do not see Ms. Freeman in the audience. (Inaudible). So…moving on. Our next speaker is Ronald Seymour. Mr. Seymour, could you please step forward to the mic and give us your name and residential address, please. RONALD SEYMOUR: Yes, my name is Ronald Seymour. Address is 1017 Mosley Ct. SW, Canton, Ohio. Uh…I’m here representing Divine Legacy. Uh…we’re (coughs) we’re a non-profit… COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 332 MINUTES OF THE MEETING AUGUST 10, 2020 PRESIDENT SHERER: Mr. Seymour, you might have to talk just a little bit louder. RONALD SEYMOUR: We’re a non-profit organization, it’s a…basically representing the youth in the community. Um, we’re asking for funding to help…uh…come to some type of solution or…or…or to help with the community and the youth for…to provide our services. Um, we wanna like…at least try to bring some type of uh…arrange some type of a…a...business or building for these kids to come to and feel comfortable to express their feelings, anything that’s going on behind closed doors at home, school, in the streets, uh…provide other services like teach them how to become entrepreneurs, uh…own their own businesses, um…just, uh…bring different activities and avenues to them so they can get their minds off of the streets and sports and music. Like, there’s other ways to uh…to bring in income and to uh…to…to…uh, I just want to help youth and in order to do that, we need help from the city, the police, you guys, everyone. I’m trying to help stop the violence. Uh…I want to uh…I just want to set a positive example. Um, I’m not saying I’m perfect, uh, but I feel like we all got a purpose here…um…and the violence is the main thing I’m trying to attack. Like…I wanna, I wanna just come to an agreement with police that at least, you know…the protest, yeah, that’s one thing but if we can’t come to an agreement, then there ain’t gone be no solution, you know. So, I want…I want to be able to be on a team to where…where…not even a team, but I’m building my own team, but I need…I also need help from the community, the police, the council, you know, I just…we need some type of funding, you know. Um, we can’t do it by our self. I’m basically speaking for the people, um…I don’t know what else to say. I usually don’t talk in front of large groups of people, so this is like something new to me. Um, I have my...my…my uh…I have my Talent Entertainment Director here, his name is Cedric Foster. He’s a part of the Divine Legacy. He has uh…he has something going on called “Backs Against the Wall.” He’s been doing poetry; he’s been doing videos about uh…stop the violence. We just had a rally or something on Gross, in between 15th and 16th and Gross. Was that yesterday? Yeah, yesterday and uh, we had a few people, we had a nice little turnout. We got some pictures, took some videos. Uh, I can’t really touch on everything that I really wanted to touch on within three minutes. Uh…I don’t know…I’m just trying to bring a…to honestly…I…uh…uh…I just want to bring (Inaudible) you guys are familiar with Nipsey Hustle, but that’s like my idol. I’m just trying to bring that type of mindset to Canton, Ohio. Uh, if you can, whenever you guys get time, my time is up, but if you get time after this meeting, uh, if you can, try to look up Vector 90. It’s uh… uh...it’s basically touching on the main points I just touched on, as far as bringing something here for the kids, but like I said, we just need funding. I don’t have the money to do it, it’s a big project. PRESIDENT SHERER: Mr. Seymour, I would…I would encourage you to stay after the meeting, okay. RONALD SEYMOUR: Okay. PRESIDENT SHERER: Okay. But thank you for speaking. RONALD SEYMOUR: Alright, thank you. PRESIDENT SHERER: Absolutely. Our next speaker is Cedric Foster. Mr. Foster, can you please step forward and give us your name and residential address, please. CEDRIC FOSTER: Good evening. My name is Cedric Foster. I live at 1602 Olive Pl. NE, Canton, Ohio 44705. Uh, I approve his message. Why I’m here? The children. I’m a child of God. We’re all COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 333 MINUTES OF THE MEETING AUGUST 10, 2020 child…children of God. But the…the innocent ones. We’ve lived our lives, we’ve had our chances, we’ve made our mistakes. We’re showing them a lot of our mistakes, a lot of our set ways. Just how everything came together. That’s actually my younger brother. I said I wasn’t going to say that, but once he found out that I was doing this, just the way that it’s being carried on, brings me here tonight to address the City Council. We need change. For the past three years, I’ve been just basically indulging myself into art, music, poetry, but telling the world my story…how I changed. How I came from there to there. Regardless of my circumstances, regardless what community I grew up in, regardless of what attacks I faced or lived with or dealt with. Now I’m here to speak for the people. I can be a voice but like I told people earlier today, my presence here is a voice alone. My actions and my words, they do the speaking, so that’s simple language arts to me. So I’m ready to teach a new form of language arts. I’m here to help him get funding, help him get supporters, help people to realize that my series, “Backs Against The Wall”, I want people to realize all of our backs are against the wall. Right here in this meeting tonight and the police department. I don’t care how high or how low you go; your back is against the wall right now. Stop waiting for it to get to your front door, before you try to tackle the solution. They call me “Black Rain Ced Foster” and I’m a bring the rain. It’s…it’s the creator’s rule and creator’s rain. Stop the violence. If we can stop the violence, we can probably address and attack all these other issues that we’ve been dealing with for so long. But the violence has people scared. They don’t want to activate themselves. I live in a fear, but I had to get over that. “Ace Nation”, this is a one-year-old child. Once again, I didn’t know the ramifications of it, come to find out it’s a distant relative. I’m tired of burying…burying my relatives over violence. The last one, Divine Legacy. I’m a part of and I’m trying to create a divine legacy with my brother here. And there’s probably a lot of other…these people that’s sitting here. We all want change. You want change. You’ve tried to make change. One person cannot do it alone. Our backs are against the wall. Thank you. PRESIDENT SHERER: Thank you, Mr. Foster. And our next speaker for the night is…uh…Mr. Levi Hunter. Mr. Hunter, could you please step forward and give us your name and residential address, please. LEVI HUNTER: My name is Levi Hunter, 2414 8th St. NW, Canton, Ohio 44708. I just want to hit a couple points, real quick. I ain’t here to (Inaudible) or nothing. I’m here, like he just said, like he just said, it all starts with the youth. First of all, only way to bridge the gap is to get some programs out here. We have no programs for these kids. The only thing they got to do is rely to the streets. They have nowhere to go, they have no funding, obviously, what happened to the funding? We don’t know. Y’all got control of all the funding. They’re supposed to have summer camps. No summer camps, no swimming pools. They have absolutely nothing to do but be destructive. Self-destruction. So we’re…what we’re imbedding in our children, is what you guys are imbedding in us, nothing. We have absolutely nothing to give the people. We’ve been sitting around protesting for days. Protest is over. We’re done with that. Now, what’s the next step. We need another step. It’s like we’re at a standstill. Nothing’s…no changes have happened, nothing has been made. You guys had absolutely….have put forth absolutely no effort into building the community and you guys are the City Council. And the comments that I heard you guys are making last week, was like…ridiculous, absurd. Like…you guys are supposed to take care of the community. All these killings are going on because of you guys, it’s not us. We’re not killing the community. You guys are killing the community because you won’t build the community. Because you guys don’t build the community, what do you think we’re going to do? Destroy the community. We have absolutely nothing. That’s it. Absolutely nothing. I’m not here to pinpoint stuff and drive y’all all around because I don’t got time for it. I’ve got another important meeting to be at to try to bring some funding into the community. A couple little programs because we don’t have enough money to build big programs. So, what we do is we take our money now and we build little programs. As a Unity COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 334 MINUTES OF THE MEETING AUGUST 10, 2020 Coalition of Canton, we go down into the Southeast end of Canton every Friday, until we ran out of funding, to feed those kids. Groups…groups of kids. Brother Sam came down, he came down and supported us. Groups…groups of kids. Down in Jackson-Sherrick, back there in that big field…Pulley Hill, in that big field where the shootings just happened at, there’s nothing there. Absolutely nothing. So, whoever’s Ward that is…I believe that’s your Ward, that y’all spent all that money on that water park, was a waste of time. Nobody even indulges in that water park. That Community Center y’all got…the only thing that it offers is basketball. There’s no educational programs, there’s nothing inside of that…there’s no programs. Programs. We’ve got to reprogram our youth to redirect our youth. If we don’t bring no programs, we cannot reprogram. That’s all. I don’t want to keep going. Y’all got it. That’s all I’m going to say. I’m going to see y’all at the next meeting. Appreciate y’all. Let me give y’all my time. Y’all have a good evening. PRESIDENT SHERER: Thank you, Mr. Hunter. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have six for this evening. Mr. Clerk, would you please read Resolution #33, by title. #33. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SAF DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $48,500.00 FOR NEW CUSTOMER SERVICE COUNTERS FOR BLDG/CODE DEPT. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: I’m sorry. I was caught up in the moment. Um…I move we adopt Resolution #33. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #33. Are there any remarks? …Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #33 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #33 is adopted. Resolution #34, please. #34. MAJORITY LEADER SMUCKLER: AUTHORIZE AND DIRECT SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $47,751.50 FOR 6TH ST SW STORM SEWER REPAIR. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #34. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 335 MINUTES OF THE MEETING AUGUST 10, 2020 PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #34. Are there any remarks? …Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #34 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #34 is adopted. Resolution #35, please. #35. PERSONNEL COMMITTEE: AUTHORIZE APPT OF MS. GEORGIA PAXOS TO CANTON ARCHITECTURAL REVIEW BD COMMENCING 8/10/20 – 12/31/20. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #35. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #35. Are there any remarks? …Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #35 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #35 is adopted. Resolution #36, please. #36. PERSONNEL COMMITTEE: AUTHORIZE APPT OF MR. W. STUART KRAFT TO CANTON CONSTRUCTION BD COMMENCING 8/10/20 – 12/31/20. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #36. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #36. Are there any remarks? …Hearing none, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #36 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #36 is adopted. Resolution #37, please. #37. PERSONNEL COMMITTEE: AUTHORIZE APPT OF MR. DARREN ELLIOTT TO CANTON CONSTRUCTION BD COMMENCING 8/10/20 – 12/31/21. – ADOPTED PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 336 MINUTES OF THE MEETING AUGUST 10, 2020 MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #37. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #37. Are there any remarks? …Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #37 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #37 is adopted. Resolution #38, please. #38. PERSONNEL COMMITTEE: AUTHORIZE RE-APPT OF MR. SEAN S. DURKIN TO SYSTEMS PLANNING BD COMMENCING 8/10/20 – 5/30/22. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #38. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Informal Resolution #38. Are there any remarks? MEMBER HALL: Mr. President. I would just like not to have anything against anyone who’s been appointed or re-appointed, that we are taking into consideration of diversifying some of these boards, whether it be more females or more minorities. But you know, as we keep talking about making changes, that’s one of the places we can start, is letting the residents of Canton feel like they’re a part of something. Thank you. PRESIDENT SHERER: Thank you, Member Hall. Are there any additional remarks? …Hearing none, by voice, vote all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #38 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #38 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 AUGUST 10, 2020. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 337 MINUTES OF THE MEETING AUGUST 10, 2020 267. AUDITOR MALLONN: REQ FOR ADD’L AMENDED CERT DATED 7/31/20. – RECEIVED & FILED 268. AUDITOR MALLONN: MTHLY DETAIL REPORT BY FUND FOR 7/1/20 THRU 7/31/20. – RECEIVED & FILED 269. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 1/1/20 THRU 7/31/20. – RECEIVED & FILED 270. COURT ADMIN KOCHERA: AUTH AUDITOR TO PAY MORAL OB TO STARK MENTAL HEALTH & ADDICTION RECOVERY BD IN AMT OF $18,750.00; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (MENTAL HEALTH CASE COORDINATOR POSITION). – FINANCE COMMITTEE 271. DEPUTY MAYOR WILLIAMS: ESTABLISH DOWNTOWN CANTON TDD FUND AND ALLOW FOR SUCH FUNDS TO BE COLLECTED AND DISBURSED FOR PURPOSES OF CONDUCTING BUSINESS WITHIN DISTRICT; AMEND SEC 185 OF ADMININSTRATIVE CODE TO AUTH REALLOCATION OF EXISTING TRANSIENT LODGING TAX FUNDS (3%) TO SUPPORT REDEVELOPMENT OF DOUBLE TREE BY HILTON IN DOWNTOWN CANTON TDD; LEVY TAX ON PRIVILEGE OF ENGAGING IN BUSINESS OF CERTAIN TYPES OF SALES IN DOWNTOWN CANTON TDD (2% OF GROSS RECEIPTS); AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL NECESSARY AGMTS FOR COLLECTION OF TAXES WITHIN DISTRICT; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES 272. FINANCE DIRECTOR CROUSE: REQ $12,851.65 APPROP TRF FR 2772 102019 COVID-19 STIMULUS – PAYROLL TO 2772 102019 COVID-19 – OTHER (BJA FY20 COVID-19 EMERGENCY SUPP GRANT). – FINANCE COMMITTEE 273. HEALTH COMMISSIONER ADAMS: REQ $12,000.00 SUPP APPROP FR UNAPPROP BAL OF FUND 2322 DENTAL SEALANT TO FUND 2322 301001 DENTAL SEALANT – 700 OTHER DIRECT COSTS (FY20 DENTAL GRANT). – FINANCE COMMITTEE 274. LIQUOR CONTROL DIV (OHIO): REQ NEW C1, D6 PERMIT FOR TRUE NORTH ENERGY LLC, DBA TRUE NORTH 427, 2331 FAIRCREST ST SW (WARD 4). – RECEIVED & FILED 275. PLANNING DIRECTOR ANGUS: ESTABLISH STOREFRONT REINVESTMENT PROG (SRP) TO PROVIDE MATCHING REIMBURSEMENT GRANTS TO CITY COMMERCIAL/RETAIL PROPERTY OWNERS FOR REHAB/RENOVATION OF STOREFRONT EXTERIORS; AUTH AUDITOR TO DRAW WARRANTS FR ISSUE 13 COMPREHENSIVE PLAN FUND IN AMT NOT TO EXCEED $250,000.00. – FINANCE COMMITTEE 276. SAFETY DIRECTOR PERRY: AUTH SAF DIR TO ENTER INTO ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $48,500.00 TO EVERHART GLASS CO., INC. FOR NEW CUSTOMER SERVICE COUNTERS IN BLDG/CODE DEPT. – RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 338 MINUTES OF THE MEETING AUGUST 10, 2020 277. SERVICE DIRECTOR HIGHMAN: AUTH SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $47,751.50 TO WENGER EXCAVATING, INC. FOR REPAIR OF 6TH ST SW STORM SEWER. – RECEIVED & FILED 278. SERVICE DIRECTOR HIGHMAN: REQ $250,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 – OTHER FOR COLLECTION SYSTEMS DEPT LG DIAMETER SEWER CLEANING AND TELEVISING PROJ IN COMPLIANCE WITH USEPA’S OAC; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES 279. SERVICE DIRECTOR HIGHMAN: RATIFY ALL ACTIONS TAKEN PRIOR TO PASSAGE OF THIS ORDINANCE PURSUANT TO CANTON CODIFIED ORD SEC 105.04 (EMERGENCY CONTRACTUAL PROC); AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY TO RESPOND TO CITY HALL COMMUNICATIONS POLE EMERGENCY SITUATION; AUTHORIZE AND DIRECTOR AUDITOR TO PAY ANY AND ALL MORAL OBS RESULTING FR RESPONDING TO SAID EMERGENCY. – FINANCE COMMITTEE 280. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT AMENDMENT/MODIFICATION IN ESTIMATED AMT OF $110,000.00 WITH AECOM TECHNICAL SERVICES, INC FOR ENGINEERING SRVS RELATED TO 11 TH ST SE INTERSECTION AND ROADWAY IMPROVEMENT PROJ, PID 90465, GP 1144; RETRO AUTH ANY AND ALL ACTIONS TAKEN FOR FURTHERANCE OF PROJ AND AUTH DIRECT AUDITOR TO PAY ANY AND ALL RELATED MORAL OBS; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE COMMITTEE 281. TREASURER PEREZ: INVESTMENT APPROVAL LTR FOR STAR OHIO 4508 ACCT. – RECEIVED & FILED ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #15 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#15 ADOPTED): O#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL 232479 @ 1800 BLOCK OF KIMBALL ROAD SE FOR SELENIUM PROP, LLC) Referred to Community & Economic Development Committee COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 339 MINUTES OF THE MEETING AUGUST 10, 2020 O#2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,229.00 SUPP APPROP FR UNAPPROP BAL OF 2810 COVID-19 RELIEF FUND TO 2810 702001 CLERK OF COURTS – ADMIN – OTHER; $1,229.00 INTER-FUND TRF FR 2810 COVID-19 RELIEF FUND TO 1001 GENERAL OPERATING FUND) Referred to Finance Committee O#3. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 36455, 36456 AND 36457; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 305282 & 305283 @ 2002 29TH ST NW FOR ANTHONY & MARY GEMMA, WARD 7) Referred to Public Safety & Thoroughfares Committee O#4. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOT 22189 AND PART OF LOT 22190; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 206629 & 206630, @ 1413 RIDGEWAY PL NW FOR SAM & TULA NOUSSIAS, WARD 7) Referred to Public Safety & Thoroughfares Committee O#5. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 1107, ARCHITECTURAL REVIEW BOARD OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF CANTON PUB HRG 9/14/20 @ 7:00 PM Referred to Judiciary Committee O#6. (1ST RDG) AN ORDINANCE AMENDING SECTIONS 1187.06 SIGNS EXEMPT FROM PERMIT REQUIREMENTS 1187.07, GENERAL REGULATIONS AND 1187.13, SIGN REGULATIONS BY TYPE: ELECTRONIC MESSAGE UNITS (DIGITAL DISPLAY), OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF CANTON PUB HRG 9/14/20 @ 7:01 PM Referred to Judiciary Committee O#7. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 1131, DEFINITIONS AND SECTION 1148.11, SALE OF MERCHANDISE, FOOD ITEMS, AND OTHER ITEMS OUTSIDE OF A STRUCTURE, OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF CANTON PUB HRG 9/14/20 @ 7:02 PM Referred to Judiciary Committee O#8. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 1153, OUTDOOR DINING AREAS AND SIDEWALK CAFES, OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES OF CANTON PUB HRG 9/14/20 @ 7:03 PM Referred to Judiciary Committee COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 340 MINUTES OF THE MEETING AUGUST 10, 2020 O#9. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN AMOUNT NOT TO EXCEED $8,037.97 TO DELL MARKETING L.P.; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee O#10. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE PURCHASE OF CLOUD STORAGE FOR THE POLICE DEPARTMENT OR TO ALTERNATIVELY ENTER INTO CONTRACT FOR SAID PURCHASE IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY ($37,826.50 FR EDWARD BYRNE MEMORIAL GRANT, O#209/2019) Referred to Finance Committee O#11. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $16,800.00 IN GRANT FUNDS FROM THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES FOR THE 2019 PROJECT SAFE NEIGHBORHOOD GRANT; AUTHORIZING THE AUDITOR TO CREATE THE 2794 PROJECT SAFE NEIGHBORHOOD GRANT FUND; ALTERNATIVELY AUTHORIZE THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT FOR THE PURCHASE OF CAMERS AND HARDWARE FOR THE WIFIBER NETWORK IN ACCORDANCE WITH ANY OHIO REVISED CODE OR THE CANTON CODIFIED ORDINANCES; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($16,800.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATIVE – OTHER; $16,800.00 FR UNAPPROP BAL OF 2794 PROJECT SAFE NEIGHBORHOOD GRANT FUNDS TO 2794 102001 POLICE ADMINISTRATIVE – OTHER; $16,800.00 INTER-FUND ADVANCE FROM 1001 GENERAL OPERATING FUND TO 2794 PROJECT SAFE NEIGHBORHOOD GRANT FUND) Referred to Finance Committee O#12. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ACCEPT THE 2020 COPS HIRING PROGRAM GRANT #2020-UM- WX-0159; AUTHORIZING THE AUDITOR TO CREATE THE 2798 – 2020 COPS HIRING PROGRAM GRANT #2020-UM-WX-0159 FUND; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($175,000.00 SUPP APPROP FR UNAPPROP BAL OF 2798 2020 COPS HIRING GRANT FUND TO 2798 102001 POLICE ADMIN – OTHER) Referred to Finance Committee O#13. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO ALL AGREEMENTS NECESSARY TO TRANSFER PROPERTY OUTLINED IN EXHIBIT A TO STARK AREA REGIONAL TRANSIT COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 341 MINUTES OF THE MEETING AUGUST 10, 2020 AUTHORITY PURSUANT TO ORC SECTIONS 306.36 AND 163, ET SEQ., FOR A PRICE OF $100,000.00 FOR THE PROPERTY AND AN ADDITONAL $200,000.00 TO RELOCATE AND REBUILD THE CRENSHAW PARK SHELTER AND TO ENTER INTO ANY EASEMENTS NEEDED FOR SAID PROJECT; AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE AND/OR CANTON PARK BOARD TO: RECEIVE SAID FUNDS; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ALL CONTRACTS NECESSARY TO MOVE AND RECONSTRUCT THE SHELTER AND TO ENTER INTO ALL CONTRACTS NECESSARY FOR SAID MOVE UTILIZING ANY PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($300,000.00 SUPP APPROP FR UNAPPROP BAL OF 2530 PARKS OPERATION FUND TO 2530 401060 SPECIAL PARKS FUNDS – OTHER) Referred to Finance and Parks & Recreation Committees O#14. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #2 AND FINAL WITH CENTRAL ALLIED ENTERPRISES, INC. IN AN AMOUNT NOT TO EXCEED $44,727.38 FOR THE 2019 CITY PAVING PROGRAM PHASE III – MADISON AVE. SE RESURFACING PROJECT, GP 1308; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee O#15. (1ST RDG) ADOPTED AS ORDINANCE NO. 141/2020 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP BAL OF 2328 PUBLIC HEALTH INFRASTRUCTURE FUND TO 2328 301019 PUBLIC HEALTH INFRASTRUCTURE - 700 OTHER DIRECT COSTS) Referred to Finance Committee CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for the Finance Committee to meet in regard to Ordinance #15 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:40 PM FOR THE FINANCE COMMITTEE TO DISCUSS O#15; RECONVENED AT 7:41 PM) PRESIDENT SHERER: Council is recon…reconvening after the recess. Leader. MEMBER SMUCKLER: (Inaudible). Mr. President, I move to suspend Rule 22A and uh…add Ordinance 15 back to the agenda. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 342 MINUTES OF THE MEETING AUGUST 10, 2020 PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A…22A to place Ordinance #15 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 Ordinance #15 is a legal part of your agenda. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we suspend Statutory three readings of Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on 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. PRESIDENT SHERER: You’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #15. 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. #15 ADOPTED AS ORDINANCE NO. 141/2020 PRESIDENT SHERER: The motion carries and Ordinance #15 is 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 #16. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #16 THROUGH #18 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 343 MINUTES OF THE MEETING AUGUST 10, 2020 O#16. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO APPLY FOR, ENTER INTO AGREEMENT FOR AND RECEIVE FAIR HOUSING PARTNERSHIP FUNDS FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE AUDITOR TO CREATE THE 2224 2020 FH PARTNERSHIP GRANT FUND; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL PROFESSIONAL CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF THE PROGRAM DURING THE GRANT PERIOD USING ANY PROCESS IN THE CODIFIED ORDINANCES OR THE OHIO REVISED CODE; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($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 2224 2020 FH PARTNERSHIP GRAND FUND TO 2224 505010 FAIR HOUSING DEPARTMENT – OTHER; $10,000.00 INTER-FUND TRF/ADV FR 1001 505010 FAIR HOUSING DEPARTMENT – ADV OUT TO 2224 505010 FAIR HOUSING DEPARTMENT – ADV IN) O#17. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS FOR ENGINEERING SERVICES DURING THE STRUCTURAL EVALUATION PHASE OF THE CROMER RESERVOIR IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $258,205.00; ENTER INTO AN AGREEMENT WITH THE OHIO WATER DEVELOPMENT AUTHORITY FOR A PLANNING LOAN IN AN AMOUNT NOT TO EXCEED $258,205.00 TO FUND ENGINEERING SERVICES; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5242 CROMER RESERVOIR IMPROVEMENT PROJECT FUND; EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS IN AN AMOUNT NOT TO EXCEED $258,205.00; AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO BE AN EMERGENCY ($258,205.00 SUPP APPROP FR UNAPPROP BAL OF 5242 CROMER RESERVOIR IMPROVEMENT PROJECT FUND TO 5242 207070 CROMER RESERVOIR IMPROVEMENT PROJECT – OTHER) O#18. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #2 WITH WENGER EXCAVATING, INC. IN AN AMOUNT NOT TO EXCEED $140,000.00 FOR THE AULTMAN CANCER CENTER PUBLIC UTILITIES RELOCATION PROJECT, GP 1324 CHANGE ORDER #2; AND DECLARING THE SAME TO BE AN EMERGENCY 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 begin with Ordinance #19. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 344 MINUTES OF THE MEETING AUGUST 10, 2020 NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #19 THROUGH #21 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#19. (3RD RDG) ADOPTED AS ORDINANCE NO. 142/2020 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 PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #19. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 142/2020 PRESIDENT SHERER: Motion carries and Ordinance #19 is adopted. Ordinance #20, please. O#20. (3RD RDG) ADOPTED AS ORDINANCE NO. 143/2020 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) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #20. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #20. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 345 MINUTES OF THE MEETING AUGUST 10, 2020 #20 ADOPTED AS ORDINANCE NO. 143/2020 PRESIDENT SHERER: The motion carries and Ordinance #20 is adopted. Ordinance #21, please. O#21. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 144/2020 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) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #21. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #21. Are there any remarks? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: I move that we amend Ordinance #21 by the amendment before everybody in City Council. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved & seconded to amend Ordinance #21 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 that we adopt Ordinance #21, as amended. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 346 MINUTES OF THE MEETING AUGUST 10, 2020 AMENDMENT Pursuant to Rule 36, I move we amend Agenda Item No. 21 by the substitution of the attached amended Ordinance for the original pending Ordinance. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #21, 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. #21 ADOPTED AS AMENDED AS ORDINANCE NO. 144/2020 PRESIDENT SHERER: The motion carries and Ordinance #21, as amended, has been adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. CLERK DOUGHERTY: Mr. President, that’ll be 6:00. MEMBER FERGUSON: The uh…joint Economic uh…will be at 6:00, two weeks. PRESIDENT SHERER: Thank you, Member Ferguson. CLERK DOUGHERTY: August 24th. MEMBER SMITH: Mr. President. MEMBER MARIOL: Mr. President. MEMBER SMITH: The Rules Committee will also… PRESIDENT SHERER: Member Smith. MEMBER SMITH: The Rules Committee will also meet, the same time, same station, same place. PRESIDENT SHERER: Thank you, Member Smith. Member Mariol. MEMBER MARIOL: Uh, Finance will meet, same time, same place. PRESIDENT SHERER: Thank you, Member Mariol. MEMBER KIMBROUGH: Mr. President. PRESIDENT SHERER: Member Kimbrough. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 347 MINUTES OF THE MEETING AUGUST 10, 2020 MEMBER KIMBROUGH: Public Safety & Thorough…(Inaudible). Public Safety & Thoroughfares Committee will meet, same time, same place. PRESIDENT SHERER: Thank you, Member Kimbrough. CLERK DOUGHERTY: Judiciary. MEMBER SCHULMAN: Yes, I’m sorry. Judiciary, same time, same place. CLERK DOUGHERTY: Did she call it out? PRESIDENT SHERER: Yes. Thank you, Member Schulman. …And Parks & Recreation… MEMBER HALL: Parks & Rec, same time, same place. PRESIDENT SHERER: Thank you, Member Hall. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? Member Ferguson. MEMBER FERGUSON: Yeah, I would uh…like to ask uh…Mike Crawford uh…to come in and give us an update on what’s going on with the Hall of Fame Project. Just like to know. Keep up to date on it. PRESIDENT SHERER: I’m sure we can arrange that, Member Ferguson. Thank you. MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: On behalf of Baby Ace, uh…the family would like to thank the Mayor all of the Council Members for their support uh…during their time of sorrow and sympathy. They greatly appreciated all that everyone did. PRESIDENT SHERER: Thank you, Member Smith. Leader. MEMBER SMUCKLER: Mr. President. As most of you know already, there was a member of last Wednesday’s audience that tested positive for COVID-19. Uh…I promise you, Member Scaglione was in his seat, Member Hawk was sitting behind me and I was sitting where Member Smith was and I did not leave until everybody else left the room and I walked out with the officers. Um…after speaking with Jim Adams, uh…he doesn’t believe that any threat was posed at this point in time, for health purposes, of what happened here Wednesday night. Um…I do have a question though, and I was intrigued because Councilman Casar, years ago, and I used to argue about this constantly…Mayor, who handles the programming at the Peel Coleman Center? COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 348 MINUTES OF THE MEETING AUGUST 10, 2020 MAYOR BERNABEI: The program at the Peele Coleman Center is scheduled and organized by the Parks and Recreation Department. MEMBER SMUCKLER: Sometimes and somewhere, Member Smith, and this is what Councilman Casar and I used to argue about…um…I’m 65, I’ll admit it, I don’t know what people want, necessarily want to see. They may want to see what these two gentlemen have to offer or anybody else has to offer and I would not be afraid to have a positive meeting, instead of some of the meetings we’ve just been through, where we can take a vote of the community and say, “Hey, what would you like to see here? Is there something that we’re not doing?” Because, and you may do this, I don’t know, but I know fortunately or unfortunately, sometimes time passes us for what’s important to the public at that particular time. MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I’d just like to address that. Um, and I don’t really understand or know what Mr. Levi wanted. There are many, many programs that are already in place at the Southeast Community Center. Right now we’ve got COVID-19 going on. What he do not see is that is it not open to the public for safety reasons. But after this is lifted, he’s welcome to come down and see the programs that are already have in place. Now, we have no problem with new programming and I would like to talk to the young man, before we leave, to just see what we can do to help him, okay. And not to go off subject, we have Hammer and Nails sitting back there and we have already discussed getting together with some of the protesters, the young people, so that Hammer and Nails could help them to further…uh…doing some of the things that they would like to do. I really like your ideas, you know, so, I hope that we’ll be able to help you do something, so if you don’t mind staying. But I really was uh…sort of like floored with Mr. Levi and what he said, but he really just don’t know what’s going on in the city or the Southeast Community Center. MEMBER SMUCKLER: I was floored too and I sat here, Councilman Smith and …but always willing to change…uh… MEMBER SMITH: And they’re not the only ones saying what we don’t have to offer. They really just don’t know, that’s all. MEMBER SMUCKLER: Councilman Hall, if I can suggest something too. MEMBER HALL: Yes. MEMBER SMUCKLER: If you have anybody that wants to serve on the boards, I’m sure the Mayor would love to see that because our biggest problem is trying to find people that want to commit time. MEMBER HALL: I’m sure I can find them. But I’m uh…say one more thing about what is being said. I agree with Member Smith about the Southeast Community Center, but we left out two other corridors. MEMBER SMUCKLER: Three other corridors. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 349 MINUTES OF THE MEETING AUGUST 10, 2020 MEMBER HALL: Three…Southeast takes care of Southeast and Southwest, a little, because we also have uh…Babe Stern, but we do have two other areas that kids that just don’t have a way to get to the Southeast, so there is other ways we have to keep helping. But I agree because I’ve been to the Southeast. I mean, this summer was different, but yes, there is a change there. MEMBER SMUCKLER: Councilman Hall, same thing goes. If you can figure out something, I think we’ll all be willing to listen. The last thing we want to happen is for…and I understand about COVID-19, I’m not poopooing this, but I think that there’s other areas all over the community…um…and that reminds me of one other subject…all you Ward Councilmen who want or have neighborhood project ideas, this is the time you should be getting back to the Administration because there are some Council people working on these ideas, and there was money set aside with the issue to please do something in the different neighborhoods throughout the community, and this is the time. I went to a meeting today…more than happy. I’m sure the Mayor’s more than happy to listen to any projects, any projects that we may have to help not only the youth, but to help give everybody something they want to do. PRESIDENT SHERER: Thank you, Leader Smuckler. Is there anything else under Miscellaneous Business for this evening? MEMBER SMUCKLER: Oh yes, the reason Rules Committee was called, based on COVID-19 and the rest of the term, Councilman Smith wants to run by you, as Rules Chairman, and myself as Majority Leader, about sticking with every other week for the rest of the term. This will be a discussion. It’s not cast in stone but the Administration assured me that we are not going to pass everything under 1st Reading. We’re going to talk about everything and we will try to work this out because there still are issues in this community, as we saw posted on the internet. I’m trying to work through ‘em, I promise you Wednesday night I didn’t let a soul in here who didn’t have a face mask on and I would hope that happens at City Hall on a regular basis. I know the Mayor believes in it and I do too. So, um…we’re gonna talk about going to every other week for the rest of the term. Anybody has any negative or positive feelings, please get with the Chairperson, Member Smith, and tell her how you feel about it. Thank you. MEMBER SMITH: Mr. President, I have one other… PRESIDENT SHERER: Thank you, Majority Leader. MEMBER SMITH: I have one other thing to clarify. When Mr. Levi mentioned about feeding the kids, the Mayor, myself, the uh…the Urban League, Mercy Medical…we not…we did not just feed the kids, we fed families, for days and this went on like every week. So, I just wanted the record to show that we just didn’t feed the kids. We appreciate them feeding the kids, but we fed families and part of those kids were probably was part of the family and they got fed food and personal hygiene and disinfectants every week. We also ventured out into other neighborhoods where we had Jason to come with us and we were in all of the ward areas. So, it wasn’t just the Southeast end. In fact, we was in uh…Kevin’s Ward also. And that was something that we did, we did that for at least, what… three months? …And we did it every week. So, I just want the record to show that too. PRESIDENT SHERER: Thank you, Member Smith. COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 350 MINUTES OF THE MEETING AUGUST 10, 2020 MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Yes, to that Member Smith, thank you for…uh…seeing that that did get done. I know, I was there and missed a few people that day but those people did get a very nice array of things; hand sanitizers, cleaning products for their houses, food. I think that was very well organized and a very good effort that was put forth in our community and from what I’ve heard through the community, everybody greatly appreciated it. So, I…I think that the things that we have done have made a difference, we just need to do as much as we can. Thank you. PRESIDENT SHERER: Thank you, Member Scaglione. Clerk Dougherty, our quote for the week, please. CLERK DOUGHERTY: “Freedom is not a state; it is an act. It is not some enchanted garden perched high on a distant plateau where we can finally sit down and rest. Freedom is the continuous action we all must take; and each generation must do its part to create an even more fair, more just society.” - U. S. Rep. John Lewis PRESIDENT SHERER: Thank you, Clerk Dougherty. Leader. 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: This meeting is adjourned. Thank you for coming this evening. (Gavel Falls). ADJOURNMENT TIME: 8:00 PM ATTEST: APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT