City Council

COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 195 MINUTES OF THE MEETING MAY 24, 2021 PRESIDENT SHERER: Good evening ladies and gentlemen and welcome to Canton City Council. 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 HALL, MARIOL & MORRIS APPEARED VIA VIDEOCONFERENCE) CLERK DOUGHERTY: Twelve present, Mr. President. PRESIDENT SHERER: Tonight’s invocation will get…be given by Council-at-Mem…Member-at-Large, James Babcock. If you would all please stand and remain standing for the Pledge of Allegiance, please. The regular meeting of Canton City Council was held on May 24, 2021 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 Council Member-at-Large, James Babcock. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Babcock. 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 12 through 24 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 12 through 24 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 12 through 24 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings this evening. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business, and there is no Old Business for this evening. Clerk Dougherty, would you prefer to do the Inform…the Resolution before Public Speaks? COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 196 MINUTES OF THE MEETING MAY 24, 2021 CLERK DOUGHERTY: That’s your prerogative. INFORMAL RESOLUTIONS PRESIDENT SHERER: Okay. At…We are now under Informal Resolutions and we have one for this evening. Mr. Clerk, would you please read Informal Resolution #15 by title. 15. COUNCIL MEMBER SMITH (WARD 4): REQUEST HONORARY NAME CHANGE OF WATSON PL SE FR ALLEN AVE SE CONTINUING EAST TO RAILROAD TRACKS TO “SOLOMON COOKS WAY SE” IN HONOR OF SOLOMON COOKS, SR. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President…Mr. President, I move we adopt Resolution #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #15. Are there any remarks? MEMBER SMITH: Yes, Mr. President, could that be read in its entirety, please. PRESIDENT SHERER: Yes, thank you, Member Smith. Clerk Dougherty. CLERK DOUGHERTY: An Informal Resolution Respectfully Submitted by Chris Smith, Ward 4 Council Member On this 24th day of May, 2021. Whereas, Council is in receipt of Communication #145 from Chris Smith, Ward 4 Council Member, requesting that Council recognize Solomon Cooks, Sr. by the honorary naming of Watson Place SE between Allen Avenue SE, continuing east to railroad tracks as “Solomon Cooks Way SE”; and Whereas, Council is in agreement with Member Smith that Solomon Cooks, Sr. has made a significant impact on the city of Canton, and wishes to honor the achievements of Solomon Cooks, Sr. Now, Therefore Be It Resolved: That we, the Members of Canton City Council, do hereby go on public record commending and honoring the efforts of Solomon Cooks, Sr. by the honorary naming of Watson Place SE between Allen Avenue SE, continuing east to railroad tracks as “Solomon Cooks Way SW. Mr. President. ...SE, I’m sorry. PRESIDENT SHERER: Thank you, Clerk Dougherty. Are there any additional remarks? …Hearing none, by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #15 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #15 is adopted. And Member Smith, would you like to present that… MEMBER SMITH: Yes…. PRESIDENT SHERER: …Resolution, please. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 197 MINUTES OF THE MEETING MAY 24, 2021 MEMBER SMITH: Could I ask the Cook family if you would come here or stand, and I know somebody is going to be a spokesperson and receive this. Anybody want to take a picture? …No, you’re good. (Inaudible). (Laughter). I would like to present this to the family. I know most of you probably know Nate, but uh…Mr. Cook, for those of you that do not know, Mr. Cook was the last, really…living parent in our section of the Southeast. And when I say that…I say that because we all grew up together and Mr. Cook did so much for that community. Those of you may not know, but there was a church before the Urban Renewal came, and sort of separated all of us. That was the church that was in Jackson Park that was taken away during the time of the Urban Renewal. Mr. Cook, along with a couple other Deacons of the church, built the church that is now standing on Allen S.E. Yes! And he built that church with his hands, that is standing now and with members, and a lot of them are from our neighborhood. This is his family. He has been recognized by a couple of our mayors, previous mayors, and so this one, we feel, you have a part in this. So, I wanted to leave a legacy of him along with his family, and for all that he’s done for the community. And I really appreciate you all being here and accepting this. And I want to thank Council, also, for agreeing and uh…adopting this Resolution. So, I’m gonna let Nate sort of speak and say some words. I know he’s gonna…he’s got something to say. And this is a plaque in his honor. Oh…okay… NATE COOKS: Good evening, Council. I won’t take up much of your time, but first I want to thank God, who blessed each and every one of us and blessed our family members to be here for this event; and ask him to watch over this meeting tonight and make it a very profitable meeting. Uh…the Cooks family, as mentioned, we have lived in the Southeast section of Canton for over sixty years. And we live in the same household, presently, for almost sixty years. Um…my older brothers and sisters, my siblings are here tonight, um…want to thank them. Algie, Diane, Jessie, Gloria. Those are the siblings, and then we have nieces and nephews. Three things that I would like to share about my father, Solomon Cooks, who is the patriarch of our family. Um…we had no idea, when we were growing up, that he was a business man. Um…#1, he took care of business for God. Uh…he was a registered Minister for the Southeast Church of Christ, which is still in operation, 1424 Allen Ave., um…and was the longest living Trustee of the original church that was located on Cherry Avenue. If those of you know about Jackson Park, um…those were the good days. Um…he also had a personal ministry for incarcerated men at the Stark County Jail and he would share a word for the Lord, with anyone who would listen or anyone who would not. Um…#2, he took care of his business for his family. Um…our mother passed forty years ago in 19…over forty years ago in 1980, and he never wavered in his role as the leader of our family until his physical death in December 2020. He was able to touch and to hold and put to sleep six generations of Cooks’ siblings. Uh…and he had impact on all of our lives until the day that he left. And we’re here tonight to bear witness to his legacy; #3, he was a business man for his community and for his neighborhood. Um…the proclamation that was brought in by my sister earlier, was about ten or more years ago from then Mayor, William J. Healy for commitment for the community and things of that nature. Um…Council Woman Chris Smith frequented our house, I know, as a young lady, with some of my sisters. I think Dave Dougherty, Councilman Dave Dougherty, might have made his way through our household, through the neighborhood while on the Southeast. And uh…Kevin Hall, also the Councilman for our Ward 6, I believe, uh…he actually, a couple years ago, cut firewood and brought it over to my father’s home for him to put in the fireplace that he built for himself. And yes, he was a master carpenter also. Um…if you had the opportunity to see the article in the paper from Habitat, they’re revitalizing the Southeast Community Center and they’re starting off with the Southeast Church of Christ. And I really didn’t know until I read the article about the impact that he had, not only with the church family, but with the community family, but with people like CEO’s of organizations who sat at his home and drunk coffee with him and actually took advice from his also. So, it is extreme…with extreme gratitude and humbleness that we, the family of Solomon J. L. Cooks, have been requested to be present here tonight for the possibility and I guess the passing of… Watson Place…411 Watson Place, where we reside, that named street will be changed to Solomon J. L. Cooks Way. Thank you from the bottom of our hearts. (Applause). (Inaudible). COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 198 MINUTES OF THE MEETING MAY 24, 2021 ALGIE COOKS: I’d like to say a word too. MEMBER SMITH: Go ahead. ALGIE COOKS: Uh…my name is Algie Cooks and I’m the eldest of the family and I’d like to thank Christine. I’ve known her for so…for years MEMBER SMITH: …You know he likes to call me Christine! (Laughter). ALGIE COOKS: I thank all the Council Members, really appreciate it. Thank you so much. God bless. (Applause). (Inaudible talking as family exits the Chamber). MEMBER SMITH: Thank you, Council Members. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for this evening. Our first speaker is Ms. Kimberly Bell. And I do not see Ms. Bell in the audience so we mo...we will move on to our next speaker. Our next speaker is DeLores… DELORES SIMONELLA: Simonella… PRESIDENT SHERER: Simone…Simonella. I didn’t want to mispronounce that. DeLores, if you could please step to the mic and if you could uh…please state your name and residential address, please. DELORES SIMONELLA: Uh…it’s DeLores Simonella, I’m at 1207 – 20th St. NE. PRESIDENT SHERER: Um...hang on for one second. CLERK DOUGHERTY: Talk into the mic. PRESIDENT SHERER: Did they shut it off? DELORES SIMONELLA: It’s on… DELORES SIMONELLA: The light’s green. PRESIDENT SHERER: I don’t think the mic is on, Clerk Dougherty. DELORES SIMONELLA: Um, maybe I’m just not close enough. (Inaudible). Oh, alright. (Inaudible). I do feel pretty good here tonight. I’ve been quite active in previous years, with my husband and see a lot of familiar faces and things…rough spots that you know, you guys helped smooth the way and never dreaming I would be up here and uh, be able to even be up here, so the first thing I want to say is good evening, to the Council Members and everybody else. Short…okay. I am going to make it short, I was hoping…the other person didn’t come…I might squeeze in six minutes, but I’m keeping it short. I…I’m here to address a problem of a business entity that wants to open and operate at 1125 20th St. NE. That’s two doors from my house, where I am right COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 199 MINUTES OF THE MEETING MAY 24, 2021 now. It’s on a rental property and what they have is a dog breeding business. This is a commercial, ongoing, business idea. The renters have already placed a six-cage barn, they brought it in, kennel on the property. I have submitted some pictures before. I have them with me if you’d like to see what that looks like. Uh…and this is a residential area. You know, I get my tax bill and it says, “Property Tax – Residential.” I bought my property for residential property. Almost everybody there, we have another renter on our street, but this is where the problem has been since the house was auctioned about five years ago. This has been a very…uh…hmm…problematic house through the past few years. I’d have to tell you this again. This is a residential area, one family home, neighborhood, not commercial zoned for pet… or for business. I grew up in Canton. My…uh…I raised…I was…grew up in Canton, raised my kids in Canton and you know…your age is an unlisted number, but I’m telling you, I’ve been here fifty plus years, at the residence where I’m at now. I’ve seen a lot like you’ve seen a lot. Seen the city change but this is a good place to live and we’re going somewhere, you know, but we got to all go together, protecting one another. And this is off the…my son said, “don’t do this”, you know. But I’ve got to tell you a little how I feel about the city. I got a fever for it, you know. It never gets old. I got a knew couple in…couple houses down from me and it’s exciting to see children and laughter, you know, and just enjoy them. And I’m not here because I’m against tenants at this rental. I open them with open arms, we want young people in there but we don’t want the business. This is strictly…this is…this is opening a can of worms. It already has. Because if this happens, it could be a precedence of something happening somewhere else and that’s why even people up…I’m about two and a half blocks from Ridgewood and uh…some of the people I know, you know, they’re uh…hanging in there like me and uh, some aren’t. But you know, they’re concerned. You know, my question was, I says, I live in the neighborhood, a few blocks down the street from you, but I just want to ask you a question… PRESIDENT SHERER: Ms. Simonella… DELORES SIMONELLA: Yes… PRESIDENT SHERER: You’re permitted three minutes so could you please bring your remarks to a close, please. DELORES SIMONELLA: Sorry, but anyway…okay…okay…back to…thank you, I needed that and I…keep me in line, but anyway… since I grew up here and raised my family here for fifty plus years, I do not want this business operating here, in the 9th Ward. I have thirty-five other people, Oh, I don’t know how many on my street, you’ll count them, ten or something, you know, I live in one block radius, and uh…all through the 21st Street, all over Ridgewood, and I did this in two days, in the heat. I don’t have all that new technology so I’m meeting people and my son is meeting people and we’re hearing what they have to say and was asking the same question that I was going to say to…to…repeat a minute ago. If this is you and I moved there and I wanted to put this in, would you be happy? Because you have a lot of big side lots. And this house happens to have a side lot. And you know, and…and…and then if they said, no, I would like that, I’d say, would you like to sign the petition? And that took a few days in some heat, but we got them, I gave them to Christine over there, and she’s gonna let you see them. PRESIDENT SHERER: I would ask…Ms. Simonella, I would encourage you to stay after the meeting, if you could, but your time has expired. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 200 MINUTES OF THE MEETING MAY 24, 2021 DELORES SIMONELLA: Oh, well… PRESIDENT SHERER: I would encourage you to stay after the meeting so we can point you to talk to the appropriate person. DELORES SIMONELLA: I have talked to about everybody in here. The only thing I would like to stay…say…is that we do not want this to be in our neighborhood. Whether it has to take an ordinance or what, we’ve been through zoning and I think everything single person has some little bit to add together after the meeting today for you to discuss. Because you know, it just doesn’t end with this. This is involving a lot of things and what we’re asking is that this building would be shut down for this dog breeding. And I thank you for your time and patience and I know you got to keep an order, so…my neighbor brought me and she can’t stay the whole time, so we’ll be leaving. But if you’d like to have the pictures, I’d be glad to leave them with you. Some of you have gotten them, you can get them…probably, I don’t know, I don’t know all that technology but I do know people and I know our neighborhood does not want this, all across the board. And we’ve just begun on this. Thank you. PRESIDENT SHERER: Thank you, Ms. Simonella. 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. 164. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR APRIL, 2021. – RECEIVED & FILED 165. LIQUOR CONTROL DIV (OHIO): REQ NEW D1 PERMIT FOR BOB EVANS RESTAURANTS LLC, DBA BOB EVANS RESTAURANT 516, 3400 LESH ST NE (WARD 6). – RECEIVED & FILED 166. LIQUOR CONTROL DIV (OHIO): REQ NEW D5I PERMIT FOR SOL RESTAURANT NIGHT CLUB LLC, 1916 CLEVELAND AVE NW (WARD 9). – RECEIVED & FILED 167. LIQUOR CONTROL DIV (OHIO): REQ TRF OF D5 PERMIT TO WLHR INC, DBA SAMANTHAS DOWNTOWN, 218 COURT AVE NW & 217 MARKET AVE NW, 1ST FL BSMT & PATIO FR CSMERCADO LLC, 218 COURT AVE NW & 217 MARKET AVE NW, 1ST FL BSMT & PATIO (WARD 2). – RECEIVED & FILED 168. LIQUOR CONTROL DIV (OHIO): REQ NEW D1 LIQUOR PERMIT FOR BOB EVANS RESTAURANTS LLC, DBA BOB EVANS RESTAURANTS 161, 4008 TUSCARAWAS ST W (WARD 3). – RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 201 MINUTES OF THE MEETING MAY 24, 2021 169. LIQUOR CONTROL DIV (OHIO): REQ NEW D5J PERMIT FOR PRIDE 821 LLC, DBA PRIDE 821, 1ST FL & PATIO & BSMT, 401 CHERRY AVE NE (WARD 2). – RECEIVED & FILED 170. MAYOR BERNABEI: ADVISE OF APPTS OF MS. EVA LEIGH HOUGHTON, MS. PATRICIA HOWARD AND MR. BRICE BENDER AND RE-APPT OF MR. ROBERT GEORGE TO MAYOR’S NEIGHBORHOOD COMMISSION COMMENCING 6/1/21 TO 5/31/23 (MS. HOUGHTON AND MS. HOWARD) AND 6/1/21 TO 5/31/24 (MR. BENDER AND MR. GEORGE). – RECEIVED & FILED 171. PLANNING COMMISSION: APPROVE REPLAT OF LOTS 22884-22886 AND PART OF LOT 22887 (PARCELS 208807, 208806 & 209039) FOR HABITAT FOR HUMANITY, 400 BLOCK OF CRESTMONT AVE SE (WARD 4). – PUBLIC SAFETY & THOROUGHFARES COMMITTEE 172. PLANNING COMMISSION: APPROVE REPLAT OF OUTLOT 984 (PARCEL #246349) FOR ALTMAN BUCKEYE CO II PARTNERSHIP, 3510 W TUSC (WARD 3). – PUBLIC SAFETY & THOROUGHFARES COMMITTEE 173. PLANNING COMMISSION: APPROVE WARD ASSIGNMENT AND ZONING CLASSIFICATION FOR HOF VILLAGE #7 ANNEXATION (HOFV – HALL OF FAME VILLAGE DISTRICT, WARD 7). – ANNEXATION COMMITTEE 174. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE AND RECEIVE BIDS FOR CONSTRUCTION CONTRACT FOR CANTON SOUTH WATERLINE EXTENSION PHASE 2 PROJ; AUTH MAYOR AND/OR SERV DIR TO AWARD AND EXECUTE CONSTRUCTION CONTRACT AND PROF SRVS CONTRACT FOR CONSTRUCTION ENGINEERING SRVS FOR PROJ; AUTH CITY TO RECEIVE GRANT FUNDS IN AMT OF $1,500,000.00 FOR PROJ FR H2OHIO DRINKING WATER FUND PROG; AUTH AUDITOR TO ESTABLISH AND CREATE FUND 5246 CANTON SOUTH WATERLINE EXTENSION – PHASE 2 PROJECT FUND TO RECEIVE ALL LOAN, GRANT AND REVENUE PROCEEDS AND TRACK PROJ EXPENDITURES; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES 175. SERVICE DIRECTOR HIGHMAN: AUTH MR. BRUCE BERNHARD ANNUAL STARTING SALARY OF $62,500.00 FOR ENGINEER II POSITION IN COLLECTION SYSTEMS DEPT. – FINANCE AND PERSONNEL COMMITTEES 176. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS FR 1/1/21 TO 4/30/21. – RECEIVED & FILED 177. TREASURER PEREZ: RPTS OF 4/30/21 BANK REC AND OUTSTANDING INVESTMENTS AS OF 4/30/21. – RECEIVED & FILED 178. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR APRIL, 2021. – RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 202 MINUTES OF THE MEETING MAY 24, 2021 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, please. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($110,000.00 SUPP APPROP FR UNAPPROP BAL OF 2214 HOME FUND TO 2214 506003 VIENNA WOODS REPAYMENT FUND – OTHER) Referred to Community & Economic Development and Finance Committees O#2. (1ST RDG) AN ORDINANCE AUTHORIZING ALL FUNDS BUDGETED IN THE 7508 JACKSON-CANTON JEDD CLEARING FUND TO BE BUDGETED AT THE FUND LEVEL; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,200,000.00 SUPP APPROP FR UNAPPROP BAL OF 7508 JACKSON-CANTON CLEARING FUND TO 7508 JACKSON-CANTON JEDD-OTHER) Referred to Community & Economic Development and Finance Committees O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT GRANT FUNDS FROM HARTFORD FINANCIAL SERVICES; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($35,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 103001 FIRE ADMIN – OTHER) Referred to Finance Committee O#4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($99,615.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 200501 GENERAL GOVERNMENT SUPPORT – OTHER; $99,615.00 SUPP APPROP FR UNAPPROP BAL OF 7601 HEALTH FUND TO 7601 301001 HEALTH ADMIN – OTHER; $99,615.00 INTER-FUND TRF FR 1001 GENERAL OPERATING FUND TO 7601 HEALTH FUND) Referred to Finance Committee O#5. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 749, ITINERANT RETAILERS OF PART SEVEN BUSINESS REGULATION CODE Referred to Judiciary Committee COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 203 MINUTES OF THE MEETING MAY 24, 2021 O#6. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR NON-BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (2 VICTIM ADVOCATE POSITIONS FOR POLICE DEPT) Referred to Personnel Committee O#7. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN FOR NON-BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (RENAME BENEFITS ADMIN TO HEALTH BENEFITS MANAGER) Referred to Personnel Committee O#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 96/2021 AN ORDINANCE AUTHORIZING THE HIRING OF MR. BRUCE BERNHARD TO FILL THE ENGINEER II POSITION IN THE COLLECTION SYSTEMS DEPARTMENT AT AN ANNUAL SALARY OF $62,500.00; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance and Personnel Committees O#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 97/2021 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE REGENT AVE. NE – CITY SERVICE CENTER ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee O#10. (1ST RDG) ADOPTED AS ORDINANCE NO. 98/2021 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 2809 AMERICAN RESCUE PLAN FUND; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP EQUAL TO AMT OF FUNDS RECEIVED IN CARES ACT FUNDING UPON RECEIPT OF FUNDS AND ALLOW SUCH FUNDS TO BE BUDGETED AT FUND LEVEL) Referred to Finance Committee O#11. (1ST RDG) ADOPTED AS ORDINANCE NO. 99/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A GRANT AGREEMENT WITH COMMUNITY BUILDING PARTNERSHIP OF STARK COUNTY, INC. (CBP) IN AN AMOUNT NOT TO EXCEED $200,000.00 UTILIZING ISSUE 13 COMPREHENSIVE PLAN NEIGHBORHOOD FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 204 MINUTES OF THE MEETING MAY 24, 2021 Referred to Finance Committee CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for the Finance, Personnel and Annexation Committees to meet in regards to Ordinance #8, Resolution 9 and Ordinances 1011…10 and 11 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:23 FOR THE FINANCE, PERSONNEL & ANNEXATION COMMITTEES TO DISCUSS O#8, RE#9, O#10 & O#11; RECONVENED AT 7:32 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to place Ordinance 8, Resolution #9 and Ordinances 10 through 11 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinance 8, Resolution #9 and Ordinances 10 and 11 back on this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS (EQUIPMENT MALFUNCTION - MEMBER HALL DID NOT RESPOND) CLERK DOUGHERTY: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinance 8, Resolution #9 and Ordinances 10 and 11 are a legal part of your agenda. Leader. MEMBER SMUCKLER: Mr. President, Um…I move we suspend Statutory Rules of Ordinance 8, Resolution #9 and Ordinances 10 through 11. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance 8, Resolution #9 and Ordinances…Ordinances 10 and 11. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS (EQUIPMENT MALFUNCTION - MEMBER HALL DID NOT RESPOND) CLERK DOUGHERTY: Eleven yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 205 MINUTES OF THE MEETING MAY 24, 2021 PRESIDENT SHERER: You’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any remarks under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS (EQUIPMENT MALFUNCTION - MEMBER HALL DID NOT RESPOND) CLERK DOUGHERTY: Eleven yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 96/2021 PRESIDENT SHERER: The motion carries and Ordinance #8 is adopted. Member Hall, can you hear us? I don’t know if he’s having technical difficulties. MEMBER SMUCKLER: Mr. President. Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: I texted him, um, he’s staring and looking at his phone, I don’t know if that’ll make a difference or not. MEMBER HALL: Hi! (Laughter) MEMBER SMUCKLER: There you go! PRESIDENT SHERER: Thank you, Member Hall. Alright, Leader. MEMBER SMUCKLER: Oh my… PRESIDENT SHERER: And we’re on Resolution #9. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s…It’s been moved and seconded that you adopt…adopt Resolution #9. Are there any remarks under this Resolution? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 206 MINUTES OF THE MEETING MAY 24, 2021 CLERK DOUGHERTY: Twelve yeas, Mr. President. #9 ADOPTED AS RESOLUTION NO. 97/2021 PRESIDENT SHERER: The motion carries and Resolution #9 has been adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #10. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #10. MEMBER SMUCKLER: I’m sorry. I move we adopt Ordinance #10. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #10. Are there any remarks under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 98/2021 PRESIDENT SHERER: The motion carries and Ordinance #10 has been adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #11. Are there any re…remarks under… under this Ordinance? ...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 99/2021 PRESIDENT SHERER: The motion carries and Ordinance #11 has been adopted. ORDINANCES AND FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr. Clerk, please begin with Ordinance #12. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 207 MINUTES OF THE MEETING MAY 24, 2021 NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #12 THROUGH #24 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (ORDINANCE #23 AND #24 ADOPTED ON 2ND RDG) O#12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($449.90 SUPP APPROP FR 2221 STK/TUSC WORK FORCE DEV BD FUND TO 2221 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER) (SUMMER YOUTH EMPLOYMENT AND CASE MGMT SERVS) O#13. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 405 AND 406; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 207976, 224462, 238885 & 248021 FOR JOHN S. LAUGHLIN, JR. @ 606 MCKINLEY AVE SW, WARD 4) O#14. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1131, DEFINITIONS OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES (MOBILE HOME & MODULAR HOME PUB HRG 6/7/2 @ 7:00 PM O#15. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1137, BULK AND AREA REQUIREMENTS – RESIDENTIAL ZONING DISTRICTS OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES (CLARIFY TABLE OF PERMITTED BULK & AREA REQUIREMENTS – RESIDENTIAL ZONING DISTRICT) PUB HRG 6/7/2 @ 7:01 PM O#16. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1146, BULK AND AREA REQUIREMENTS – BUSINESS AND INDUSTRIAL DISTRICTS OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES (CLARIFY TABLE OF PERMITTED BULK AND AREA REQUIREMENTS FOR BUSINESS & INDUSTRIAL DISTRICTS) PUB HRG 6/7/2 @ 7:02 PM O#17. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1131, DEFINITIONS AND CHAPTER 1148, SPECIAL PROVISIONS FOR BUSINESS AND INDUSTRIAL USES OF PART ELEVEN PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES (MOBILE FOOD VENDING, MOBILE FOOD VENDING UNIT (TRUCK) & MOBILE FOOD VENDORS) PUB HRG 6/7/2 @ 7:03 PM O#18. (2ND RDG) AN ORDINANCE APPROVING A CANTON CITY WATER MAIN EXTENSION TO SARATOGA HILLS ALLOTMENT; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ANY AGREEMENTS NECESSARY FOR THE EXTENSION OF SAID WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY (PLAIN TWP) COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 208 MINUTES OF THE MEETING MAY 24, 2021 O#19. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; AND RECEIVE GRANT FUNDS IN THE AMOUNT OF $750,000.00 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $750,000.00 FOR THE EDGEFIELD AREA PHASE I WATER MAIN REPLACEMENT PROJECT; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR RELATED PROJECT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5244 EDGEFIELD AREA PHASE I WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5244 EDGEFIELD AREA PHASE I WATER MAIN REPLACEMENT PROJECT FUND TO 5244 207051 EDGEFIELD AREA PHASE I WATER MAIN REPLACEMENT PROJECT – OTHER; $700,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207051 EDGEFIELD AREA PHASE I WATER MAIN REPLACEMENT PROJECT – OTHER) O#20. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT SERVICES; AND RECEIVE GRANT FUNDS IN THE AMOUNT OF $600,000.00 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $900,000.00 FOR THE EDGEFIELD AREA PHASE II WATER MAIN REPLACEMENT PROJECT; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR RELATED PROJECT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZING THE AUDITOR TO ESTABLISH THE 5245 EDGEFIELD AREA PHASE II WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5245 EDGEFIELD AREA PHASE II WATER MAIN REPLACEMENT PROJECT FUND TO 5245 207061 EDGEFIELD AREA PHASE II WATER MAIN REPLACEMENT PROJECT – OTHER; $1,100,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207061 EDGEFIELD AREA PHASE II WATER MAIN REPLACEMENT PROJECT – OTHER) O#21. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH CTI ENGINEERS, INC. IN AN AMOUNT NOT TO EXCEED $172,368.79 FOR DESIGN OF THE 4TH STREET SE SEWER REPLACEMENT PROJECT, GP 1338; COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 209 MINUTES OF THE MEETING MAY 24, 2021 AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($175,000.00 INTRA-FUND APPROP TRF FR 5410 206006 COLLECTION SYSTEMS DEPARTMENT – OTHER TO 5410 206326 4TH STREET SE SEWER REPLACEMENT PROJECT, GP 1338 – OTHER) O#22. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR THE DESIGN OF THE COLLECTION SYSTEMS DEPARTMENT ADMINISTRATION BUILDING MODIFICATIONS, GP 1255 (DESIGN); AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($97,800.00 INTRA-FUND APPROP TRF FR 5410 206006 COLLECTION SYSTEMS DEPARTMENT – OTHER TO 5410 206324 CSD ADMINISTRATION BUILDING MODIFICATIONS, GP 1255- OTHER) O#23. (2ND RDG) ADOPTED AS ORDINANCE NO. 100/2021 AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR THE PRO FOOTBALL HALL OF FAME FOR EXPENSES RESULTING PRIOR TO THE PASSAGE OF THIS ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (MAINTENANCE, OPERATIONS, PROGRAMMING & MARKETING OF CENTENNIAL PLAZA) O#24. (2ND RDG) ADOPTED AS ORDINANCE NO. 101/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN EASEMENT AGREEMENT WITH HOF VILLAGE NEWCO, LLC AND THE NATIONAL FOOTBALL MUSEUM, INC., FOR THE INSTALLATION OF UNDERGROUND UTILITIES AND A VEHICLE INGRESS/EGRESS DRIVE FROM HARRISON AVE NW TO HOFV PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (HOFV UTILITY IMPROVEMENTS PHASE 2) CLERK DOUGHERTY: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Statutory Rules of Ordinances #23 and 24. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 23 and 24. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 210 MINUTES OF THE MEETING MAY 24, 2021 PRESIDENT SHERER: The motion carries. You’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #23. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #23. 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. #23 ADOPTED AS ORDINANCE NO. 100/2021 PRESIDENT SHERER: The motion carries and Ordinance #23 has been adopted. Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #24. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #24. Are there any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 101/2021 PRESIDENT SHERER: The motion carries and Ordinance #24 has been adopted. ORDINANCES AND FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinance and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk, please begin with Ordinance #25. NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCE #25 THROUGH ORDINANCE #29 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#25. (3RD RDG) ADOPTED AS ORDINANCE NO. 102/2021 AN ORDINANCE AMENDING SECTION 355.01, DEFINITIONS OF CHAPTER 355, PARKING ON PRIVATE PROPERTY OF THE TRAFFIC CODE PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 211 MINUTES OF THE MEETING MAY 24, 2021 MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #25. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #25. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 102/2021 PRESIDENT SHERER: Motion carries and Ordinance #25 is adopted. Ordinance #26, please. O#26. (3RD RDG) ADOPTED AS ORDINANCE NO. 103/2021 AN ORDINANCE AMENDING SECTION 355.04, SIGN REQUIREMENTS; LIABILITY OF CHAPTER 355, PARKING ON PRIVATE PROPERTY OF THE TRAFFIC CODE PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #26. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Resolution #26. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #26 ADOPTED AS RESOLUTION NO. 103/2021 PRESIDENT SHERER: Motion carries and Resolution #26 is adopted. Ordinance #27, please. O#27. (3RD RDG) ADOPTED AS ORDINANCE NO. 104/2021 AN ORDINANCE VACATING THE FOLLOWING AREA: BARR AVE NW FROM THE NORTH LINE OF PART OF OUT LOT 1395 TO THE SOUTH LINE OF FULTON AVE. (S.R. 687), GEORGE HALAS DR. NW FROM THE NORTH LINE OF OUT LOT 1401 AND EAST LINE OF 43285 TO THE SOUTH LINE OF FULTON AVE. (S.R. 687), CLEARVIEW AVE FROM THE NORTH LINE OF PT. OF OUT LOT 1380 TO 3 FEET NORTH OF THE SOUTH LINE OF LOT 43265 AND 43190, BLAKE AVE. NW FROM THE NORTH LINE OF PART OF OUT LOT 1416 TO THE SOUTH LINE OF FULTON AVE. (S.R. 687), WOODWARD PL. NW FROM THE EAST LINE OF CLEARVIEW AVE TO THE WEST LINE OF BLAKE AVE. NW, 21ST ST NW FROM THE EAST LINE OF COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 212 MINUTES OF THE MEETING MAY 24, 2021 CLARENDON AVE TO THE EAST LINE OF BLAKE AVE NW, AND 19TH ST. NW FROM THE EAST LINE OF CLARENDON AVE TO THE EAST LINE OF BLAKE AVE NW; APPROVING AND ACCEPTING THE REPLAT OF THE STREETS VACATED ABOVE, AND LOTS 43139-43145, 43170-43177, 43179-43210, 43221- 43232, 43245, 43250-43287, 43317-43332, 43340-43341, 43346-43351, 43354-43364, 43432-43439, OUT LOT 1349 AND 1401, AND PART OF OUT LOT 1395, 1396, 1407, AND 1416; AND DECLARING THE SAME TO BE AN EMERGENCY (HOFV NEWCO LLC) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move that we adopt Ordinance #28. I’m sorry, Ordinance 27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks? And I’m sure that they don’t want it read twice, Clerk Dougherty. (Inaudible) (Laughter) …Hearing no remarks, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 104/2021 PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted. Ordinance #28, please. O#28. (3RD RDG) ADOPTED AS ORDINANCE NO. 105/2021 APPROVE AND ACCEPT REPLAT OF LOTS 23361 AND 23362; AND DECLARING THE SAME TO BE AN EMERGENCY (HABITAT FOR HUMANITY, 2415 ROOSEVELT AVE NE) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #28. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #28. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 105/2021 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopted. Ordinance #29, please. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 213 MINUTES OF THE MEETING MAY 24, 2021 O#29. (3RD RDG) ADOPTED AS ORDINANCE NO. 106/2021 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUT LOTS 305 AND 306; AND DECLARING THE SAME TO BE AN EMERGENCY (CITY OF CANTON, 1400 SHERRICK RD SE) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #29. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #29 ADOPTED AS ORDINANCE NO. 106/2021 PRESIDENT SHERER: Motion carries and Ordinance #29 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings and our next meeting date will be June 7th at 6:30 for Committee. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Finance will meet June 7, 6:30, Council Chambers. PRESIDENT SHERER: Thank you, Member Mariol. MEMBER SCHULMAN: Mr. President. PRESIDENT SHERER: Member Schulman. MEMBER SCHULMAN: Yes, uh…(Inaudible) Judiciary will meet, same time, same place. PRESIDENT SHERER: Thank you, Member Schulman. MEMBER FERGUSON: Mr. President. PRESIDENT SHERER: Member Ferguson. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 214 MINUTES OF THE MEETING MAY 24, 2021 MEMBER FERGUSON: Community Economic will meet, same time, same place, 6:30 on the 7th. PRESIDENT SHERER: Thank you, Member Ferguson. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Personnel, same time, same place. PRESIDENT SHERER: Thank you Member Babcock. MEMBER SCAGLIONE: Public Property and Capital Improvement, same time and same place. CLERK DOUGHERTY: No. PRESIDENT SHERER: Thank you Member Scaglione. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, um…what happened with Member Hall is A-typical. I can hear some background noise coming over this thing that just gives me a headache. I am going to make the announcement today that based on the Governor’s decision that as of June 2nd um…Ohio is opened up, that I am going to invite everyone back here for Council meetings on Monday night. If there’s some type of reason, please come see me privately, of why we cannot have a full Council on this Chambers, but I would appreciate that we can come up with uh…having meetings down here on Monday night around this horseshoe like we did over a year ago. Any questions, concerns, like I said, call me. If not, it will be my intent to have everybody back on June 7th. Thank you. PRESIDENT SHERER: Thank you, Leader. Member Hall did you have a comment. MEMBER HALL: Yes. I would like uh…from the Administration, that, now summer’s approaching and kids are out of school, I (Inaudible) a lot about what program uh…is available for kids through the summer so we need a list of the organizations and their programs (Inaudible). MEMBER SMUCKLER: Mr. President, I didn’t understand a word he said and I don’t know what that background noise is. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 215 MINUTES OF THE MEETING MAY 24, 2021 PRESIDENT SHERER: Mr. Hall, can you take it off speaker on your phone, and let’s give that a shot. MEMBER HALL: Is this better? PRESIDENT SHERER: That’s a little bit…yeah, that is a little bit better. Thank you, Member Hall. MEMBER HALL: Yeah, I was asking the Administration for a copy of uh…organizations that have been funded for summer programs. I have been getting asked what programs are available for kids for the summer. If we can get a copy of the organizations and the age groups that they’re taking in for the summer. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Yes. DEPUTY MAYOR WILLIAMS: Mr. President, uh…we’ll send that to all Council Members. Thank you. PRESIDENT SHERER: Thank you, Deputy Mayor. Is there any other Miscellaneous Business? MAYOR BERNABEI: Mr. President. PRESIDENT SHERER: Mayor. MAYOR BERNABEI: I just want to remember…to remind all Members of Council, next Monday is Memorial Day. We will be returning to pre-COVID status and we will have a Memorial Day Parade. It will line up at 10:00 a.m. next Monday morning on McKinley Ave., next to the old Timken High School main building. It will go out West Tusc and then turn into the Monument area and there will be brief remarks and a ceremony. We invite all of you and we invite everyone in the city of Canton to attend and, and please remember, next Memorial Day is not only a day for picnicking and swimming, but it’s also a day to remember all those who have given their lives in service of our country. So, thank you very, very much. PRESIDENT SHERER: Thank you, Mayor. Member… MEMBER SMITH: Mr. President. PRESIDENT SHERER: …Member Smith. MEMBER SMITH: I…I would also like to invite each and every one of you Council Members to the Wayne Douglas Jamerson Spray Park. Y’all can’t hear me? MEMBER SMUCKLER: Yeah, talk in there… MEMBER SMITH: I would like to invite each and every one of you to the Wayne Douglas Jamerson Spray Park… COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 216 MINUTES OF THE MEETING MAY 24, 2021 CLERK DOUGHERTY: Gotta hold the button. MEMBER SMITH: Our season opening will be on Monday, Memorial Day. I’d like to thank the Council Members that have…uh…donated thus far and I would appreciate if anyone else would like to donate; you can see me. You all can come down and enjoy a day…um…at the Spray Park. Thank you. PRESIDENT SHERER: Thank you, Member Smith. MEMBER BABCOCK: You’re gotta wear your swimming suit? (Laughter). MEMBER SMITH: Yeah, you can swim too! (Laughter). MEMBER SMUCKLER: That was Babby that asked that! (Laughter). PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President…oh… PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Never mind. PRESIDENT SHERER: Sure? MEMBER SMUCKLER: Go ahead. CLERK DOUGHERTY: Sure? MEMBER SMUCKLER: Yes. PRESIDENT SHERER: Clerk Dougherty. CLERK DOUGHERTY: “Remember, when you are dead, you do not know you are dead. It is only painful for others. The same applies when you are stupid.” - Rick Gervais. (Laughter). Mr. President. MEMBER SMUCKLER: See…see…(Inaudible) end the meeting. 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 217 MINUTES OF THE MEETING MAY 24, 2021 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: 7:58 PM ATTEST: 5/26/21 APPROVED: DAVID R. DOUGHERTY WILLIAM SHERER, II CLERK OF COUNCIL PRESIDENT