City Council

COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 132 MINUTES OF THE MEETING MARCH 14, 2022 PRESIDENT PRO TEM SMUCKLER: (Gavel falls) Good evening, ladies and gentlemen, and welcome to Canton City Council. If everyone would please turn off… your cellphones or move them to vibrate, please I don’t want to hear ’em going off during the meeting. Welcome back to the way things used to be… uh… appreciate everybody being here tonight. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Madam Clerk. 10 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, LOUIS GIAVASIS, GREG HAWK, BRENDA KIMBROUGH, CHRIS SMITH, ROBERT FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON) TEN COUNCIL MEMBERS PRESENT. CLERK WOOD: Ten present, two absent, Mr. President. (MEMBER SCAGLIONE AND MEMBER MORRIS ABSENT) EXCUSING MEMBERS PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we… Mr. President, I move we excuse President Sherer, Member Morris, and Member Scaglione from tonight’s meeting. MEMBER GIAVASIS: Second. (Inaudible) PRESIDENT PRO TEM SMUCKLER: Alright I’m sorry before I deal with that motion I need a small recess due to technical difficulties. MEMBER BABCOCK: Second. (Laughter) MEMBER GIAVASIS: Third. MEMBER BABCOCK: Check one, two. (Inaudible… technical difficulties) PRESIDENT PRO TERM SMUCKLER: Member Babcock. MEMBER BABCOCK: Again, Mr. President, I move we excuse President Sherer, Member Morris, and Member Scaglione from tonight’s meeting. MEMBER GIAVASIS: Second. PRESIDENT PRO TERM SMUCKLER: It’s been moved and seconded to excuse the Council people and Council President. Are there any remar… remarks? ...Hearing none, roll call vote. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: Those members are excused… uh tonight’s invocation will be given by Member at Large Council… Coun… nah it’s not working, there it goes. Tonight’s invo… invocation will given COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 133 MINUTES OF THE MEETING MARCH 14, 2022 by Councilmember - at - Large Louis Giavasis. If you all please rise for an invocation and the Pledge of Allegiance and the prayer. Thank you. The regular meeting of Canton City Council was held on March 14, 2022 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Jill M. Wood. The invocation was given by Council Member-at-Large, Louis Giavasis. The Pledge of Allegiance was led by President Pro Tem Smuckler. AGENDA CORRECTIONS AND CHANGES PRESIDENT PRO TEM SMUCKLER: Member Babcock, we are now under Agenda Corrections and Changes. MEMBER BABCOCK: Mr. President, I move Rule 22A be suspended to add second reading Ordinances 10 through 16 to this evening’s agenda. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been move… It’s been moved and seconded, are there any remarks? …Hearing none, roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAY CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: Motion carries and Ordinances 10 through 16 are a legal part of the agenda. PUBLIC HEARINGS PRESIDENT PRO TEM SMUCKLER: We are now under Public Hearings and we have one Public Hearing for this evening’s… evening agenda. Madam Clerk, would you please announce the Pub… Public Hearing. CLERK WOOD: AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. PRESIDENT PRO TEM SMUCKLER: Is there anyone in the audience wishing… Is there anyone in the audience wishing to speak on the zoning Ordinance. Yeah, one at a time, please come up state your name address. REBECCA ROBERTS MARTIN: My name is Rebecca Roberts Martin, my address is 111 18th ST NW. I live next door to the proposed zoning change area. My concern is the change in allowing animals to be outside. I work at home and I need to know if there will be animals outside at all times or just at certain times if they will be monitored. Uh… my office is in the back of the home and so it over looks that area and that’s a concern for me. PRESIDENT PRO TERM SMUCKLER: Director Angus are you out there. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 134 MINUTES OF THE MEETING MARCH 14, 2022 CLERK WOOD: He’s here. PLANNING DIRECTOR ANGUS: Yes. PRESIDENT PRO TERM SMUCKLER: Uh… this is a little different than regular public speaks, could you answer the lady’s question please. PLANNING DIRECTOR ANGUS: I do not… this is not a kennel so the… the animals will not be… out there all the time. PRESIDENT PRO TERM SMUCKLER: I… I need… I need you to come up to the microphone (Inaudible) PLANNING DIRECTOR ANGUS: What I can say is that this is not a kennel, this is a veterinarian office. It is not the intention for it to have animals out there at all times of days, weeks and for the more… outside their general operating procedures, I just do not know that. MAYOR BERNABEI: Mr. President. PRESIDENT PRO TERM SMUCKLER: Mayor. MAYOR BERNABEI: I can help a little bit. I have in front of me a statement uh… concerning this general statement for proposed use. Um… again this is a… well experienced veterinarian and this is for small animals. A small animal clinic … um… again emphasizing it is limited to small animals. There will not be any outside ken… kennels or housing of animal patients outside of the building. The current fenced yard area at the west side of the building is imperial space for exercising patients. Uh… again there… this is a single doctor veterinarian clinic up to three support staff, receptionist billing clerk and two technicians. Uh… and again in addition to that, then most of the use will be in… interior use for clinical offices and so forth and really somewhat similar to the use that existed before when it was a child care facility. That is the information I have… relevant to that. PRESIDENT PRO TERM SMUCKLER: Thank you, Mr. Mayor. Anyone else? Mr. Scott. FRED SCOTT: Yes, thank you… President Smuckler. Uh… I live, my name is Fred Scott, I live at 112 18th ST NW. That is directly acr… or kinda cattycorner to the… clinic. I would say when we learned of this uh… proposed Ordinance there was kind of a knee jerk reaction among the neighbors. Market Avenue is the last corridor into your city that is not filtered with busine… a hodge pod of business or fast-food restaurants or things like that. The neighbors where I live, were very concerned that one change on Market Avenue would promote a change throughout the rest of that corridor. Now in going through this, in previous attempts to rezone Market Avenue they were blanket business one exceptions. Uh… thanks to Mrs. Wood who provided me very quickly uh… the zoning materials and I went through them and I’m confident in the plan and I like the proposal. In the limited nature of it and the fact that if it wants to be rezoned my understanding of it is if they want to change the use of it at all, they would have to rezone and come back to this Council. The only thing that I wanted to stress on behalf of my neighbors is it is a PB- 1 zoning, meaning planned business I think is what they say. We just want to make sure that the “P” doesn’t stand for precedent and that if ever… COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 135 MINUTES OF THE MEETING MARCH 14, 2022 this um… this goes out… um and they want to change the zoning again and maybe it will become a bail bonds agency or something like that, that’s another office use. We just want to let the Council know that we’ll be back and we will vigorously oppose that. We are happy to welcome Dr. Hall to the neighborhood. I think she will be a great addition uh… and I would like to thank the Zoning Commission for their work with this and Mr. Hall. Thank you. PRESIDENT PRO TERM SMUCKLER: Anyone else for the zoning issue?... No one else… The matter now rests in the ha… hands of Canton City Council. OLD BUSINESS PRESIDENT PRO TEM SMUCKLER: Moving on… Old Business, we have no Old Business for this evening’s meeting. PUBLIC SPEAKS PRESIDENT PRO TEM SMUCKLER: We move on to Public Speaks and we have four speakers signed up for Public Speaks. First one, Laura Simon. LAURA SIMON: Good evening. My name is Laura Simon, I live at 520 32nd ST NW Canton, Ohio. I was able to witness last week’s zoning meeting. It was very interesting, slow and fascinating to watch the cit… and see the City government work. I especially liked hearing of the example of the cleaning up of spot zoning. For… two individual neighborhoods particular speaking of old Lehman High School. Is there a relining… realigning business of the Zoning Commission currently going on all the time or is just happen to be in 2018 that you realigned your spot zoning. I would like to see that as a continuing event. City Government is like baking you need ingredients, procedure, and time. The ingredients are we the people, the public in various forms, and you elected officials. Ingredients sometimes are grouped to… to work together as in Committees and sometimes they are put into the mix for flavor, explosion, rising power, and adhesion. All are important to the end result. The procedure is the recipe. It needs to be followed to be consistent. Procedural rules such as Robert’s Rules of Order for ordering… order and timing are guides for all the moving parts. Time. It takes time to develop the final product. It takes time to gather all the ingredients, read and follow the procedure, and finally bake the product. Too little time, the product comes out gooey and unmanageable. Too much time, the product is dried out and leaves a burnt taste and smell for a long, long time. Timing is everything. Sometimes you have to let the product rest for a while, but because baking is a function of time, baking time should always be followed. Committees are important. Hearing the public is important. First, second, and third readings of Ordinances are also important because to bake a delicious product, which everyone wants, you need to use all the ingredients and follow all of the procedure and take the time needed. Everything is not, I repeat not, an emergency. Time… PRESIDENT PRO TEM SMUCKLER: Laura I need you to wrap this up. LAURA SIMON: I will. Time is needed to see a situation from all points of view. Let’s have our procedures in place so we the people can follow along always. Annual reports of changes in ingredients and procedures should be available to all. Remember and respect that the public elected you to be our voice. Don’t skip the time. Thank you. PRESIDENT PRO TEM SMUCKLER: Thank you... Chief. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 136 MINUTES OF THE MEETING MARCH 14, 2022 CHIEF AKBAR BENNETT: Good evening, I ask permission for Division Chief Henderson to pass out a few articles if that’s okay. PRESIDENT PRO TEM SMUCKLER: That will be fine. Please st… state your name and address for the record though. CHIEF AKBAR BENNETT: Chief Akbar Bennett, Canton, Ohio 1469 Schreiber. PRESIDENT PRO TEM SMUCKLER: Go ahead. CHIEF AKBAR BENNETT: Say it again? I’m here today to ask you to stand with my men and women for equality. The Police Cadets were offered $51,500.00 and our firefighters are going to be proposed between $46,000.00 and $47,000.00. That’s unequal, unfair, and sending a message that my men and women are not valued the same as the police department. So I’m asking you to table anything coming forward, allow for further discussion, and send a message, not only to my men and women, but to the whole community, that my men and women of the Canton Fire Department are valued just as equally as the Canton Police Department. I’ll allow Div. Chief Henderson to explain what he just handed out. DIV. CHIEF STEVEN HENDERSON: Good evening, thank you for your time. What I just handed out to you are uh… are salary comparables for Police Department’s and Fire Department’s in the area. Uh… The situation we’re running in to on Canton Fire Department is um… the current environment that we’re living in, jobs are very competitive and salaries are going up and that includes in the public safety realm. Uh… we do appreciate the recent bump in pay that will help our recruitment and our retention numbers. But as you can see the disparity with departments we have around us and see the amount of people we have lost the last two years in compare to the last ten years, it’s… it’s pretty… pretty disparate. Uh… We’re hoping that uh… with the extra money and uh… the… the discussion we can have further down the road that we can get to a point where we’re competitive and we can retain people. Because the way we’re losing people now uh… it’s a big cost to the city to retrain people. We don’t have the … uh … the incentives that will keep people here. So, as we hire these people we’re basically the farm lead for other Fire Department’s. So this is just a forecast for the future and something that… that we can hopefully discuss in the near future. That’s all, thank you. CHIEF AKBAR BENNETT: And again I want to reiterate… um… you’re probably going to hear information, numbers. When it’s… at the end of the day it’s about equity and it’s about making sure our men and women feel valued and feel like they are a part of the community and are valued as much as the Police Department. So I cannot stress that enough. Every day we have men and women that lay it on the line every day and if you’re going to send a message to them that they are less than the Police Department, that’s something I cannot live with. So everyday I’m going to fight to make sure that my men and women are valued and you guys have all the information going forward that we do not agree that our Fire Department should be viewed as less than. Thank you very much. PRESIDENT PRO TEM SMUCKLER: Thank you, Chief. Next speaker, Ida Ross- Freeman. IDA ROSS-FREEMAN: Good Evening. Okay… my name is Ida Ross-Freeman, I live on 1129 7th ST NW Canton, Ohio. That’s it... I’m extremely disappointed in our local government because you led us to believe COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 137 MINUTES OF THE MEETING MARCH 14, 2022 Officer Huber was on administrative leave when he wasn’t. Which to me hav… you have authorized him and others like him to kill our me… our black male children… children and help him get away with murder. I’m very fearful of this pending case in the future. In the future… It’s your way of keeping us blacks in line by this intimidation and not following their… their truth with transparency. Where is the humanity and this regard… in this regard? You are collective elected group who have been chosen to work in our… in our behalf for the common good. You all should have individual minds and collective minds on how to work with this and others of concern issue. Please help me to understand why this man is working and supposed to be on administrative leave, away from the public… KIMBERLY BELL: (Yells from audience) Cause he’s a white man. IDA ROSS-FREEMAN: Thank you. KIMBERLY BELL: (Yells from audience) He’s a white man, that’s why he’s working. PRESIDENT PRO TEM SMUCKLER: (Gavel falls) Won’t have yelling in here. Next Jay Cousins. JAY COUSINS: My name Jay Cousins, I’m from Detroit but I moved here January 2nd, the day after the police sh… killed my cousin James Williams; whom moved here with me in 93; whom had live with me since he was thirteen years old; whom was doing what police officers are trained to know that on New Years Eve. I don’t care city ordinance, state ordinance or whatever, this is something that is ritual, that’s done all over the United States, practically the world. Your police officer was called to the 1700 block of 10th street. He’s riding down 10th street, he sees Mr. Williams in his backyard shooting em through a privacy gate, he see him shooting in the air. He changes the call that he’s called to a shots called fired? Doesn’t that pre… predecent what he sees someone doing that’s a celebratory thing when he’s being called for shots fired. Someone could have been getting shot killed where he was supposed to be going to. He chose to say no, I’m going to stop here a… and correction the address is such and such and I did observe through the window. If you observed through the window Mr. Williams putting his gun up why didn’t you do your police duty and knock on the door and tell him he was committing a crime before you allowed him to do it a second time? Why did you stalk his house and stand around and wait for him to go back out there? Why were you on his block without lights on? Why would you and you… this man is suppose to be a dir…decorated officer. Doesn’t that mean he’s trained to deescalate before escalate. Doesn’t that mean when he hears “shots fired” take cover not run… to cover to bring harm? This County… yall’s justice system is injustice. I just came home from Federal Prison for four years because y’all wrongfully incarcerated me for charges from here when I was living in another state from somebody else’s house. The things that y’all do in here is not gone be tolerated. Y’all need to wake up. Y’all need to f…find out how can y’all sleep at night knowing that y’all police go out and slaughter people, especially you of color. They slaughtering us. Y’all sit up and wonder why people do the things they do. They do it because we don’t get respect and it’s no way that we a minority cause everything we touch become us. So I’m tired of the minority stuff, y’all need to get y’all stuff together. Y’all told my family this man was on paid leave and then y’all say “Oh well, to make up for us paying him, we just got him doing desk work.” Desk work my ass, my own… my cousin can’t come home and be with his kids and can’t do no desk work, no homework, no school work, no father work, no… no work. That man shouldn’t either… because if he’s found not guilty, now that’s letting us know y’all already sixteen day… days later, made y’all’s mind up because y’all gave him his job back. Y’all need to wake up Canton because it’s gone come to y’all. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 138 MINUTES OF THE MEETING MARCH 14, 2022 PRESIDENT PRO TEM SMUCKLER: Thank you. That concludes public speaks this evening. INFORMAL RESOLUTIONS PRESIDENT PRO TEM SMUCKLER: We are now under Informal Resolutions. Madam Clerk, would you please read Resolution #32, by title only. 32. PERSONNEL COMMITTEE: CONFIRMING APPOINTMENT OF MR. MICHAEL REX TO CANTON BOARD OF BUILDING APPEALS COMMENCING 3/14/22 TO 12/31/22. – ADOPTED PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move that we adopt Informal Resolution #32. MEMBER GIAVASIS: I’ll second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and second to adopt Informal Resolution #32. Is there any discussion?... If not, by voice vote, signify by saying aye. Those opposed. NO REMARKS RESOLUTION #32 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMUCKLER: Ayes have it, #32 is adopted. Resolution #33. 33. PERSONNEL COMMITTEE: APPOINTMENT OF COUNCILMEMBER WILLIAM J. SMUCKLER TO STARK STATE JEDD BOARD OF TRUSTEES COMMENCING 3/14/22 FOR 4-YR TERM. – ADOPTED PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move that we adopt Informal Resolution #33. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Resolution #33. Is there any discussion?... If not, by voice vote, all those in favor, signify by saying aye. All those opposed. NO REMARKS RESOLUTION #33 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMUCKLER: Ayes have it, Resolution #33 is adopted. COMMUNICATIONS PRESIDENT PRO TEM SMUCKLER: We are now under Com… 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. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 139 MINUTES OF THE MEETING MARCH 14, 2022 97. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 2/28/22. – RECEIVED & FILED 98. AUDITOR MALLONN: REQ LEGISLATION FOR ISSUANCE OF 15 YR AMORTIZING BOND DEBT INSTRUMENT IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $17,400,000.00 AS ALL FUNDS TO ADDRESS PROPERTY CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU MAINTAINING AND REPAIR OF VARIOUS CITY OWNED BLDGS/ROOFS HAS PREVIOUSLY BEEN SPENT. – FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 99. AUDITOR MALLONN: REQ LEGISLATION FOR ISSUANCE OF 15 YR AMORTIZING BOND DEBT INSTRUMENT IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $17,400,000.00 FOR CONTINUED OPERATION AND COSTS OF REVITALIZATION WITHIN CITY AND TO ADDRESS PROPERTY CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU IMPROVING CITY’S SERVICE CTR INCLUDING DEMO OF DETERIORATING BLDGS, SERVICE CTR RECONFIGURATION, IMPOUND LOT EXPANSION AND IMPROVING THEIR SITES. – FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 100. AUDITOR MALLONN: REQ LEGISLATION FOR ISSUANCE OF 15 YR AMORTIZING BOND DEBT INSTRUMENT IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $17,400,000.00 FOR CONTINUED OPERATION AND COSTS OF REVITALIZATION WITHIN CITY AND IN ORDER TO ADDRESS PROPERTY CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU RENOVATING AND REFURBISHING CITY SALT DOME. – FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 101. AUDITOR MALLONN: REQ LEGISLATION FOR ISSUANCE OF 15 YR AMORTIZING BOND DEBT INSTRUMENT IN MAX AGGREGATE PRINCIPAL AMT NOT TO EXCEED $17,400,000.00 FOR CONTINUED OPERATION AND COSTS OF REVITALIZATION WITHIN CITY AND IN ORDER TO ADDRESS PROPERTY CONDITIONS FOR PUBLIC HEALTH AND SAFETY THRU DESIGNING, ENGINEERING, CONSTRUCTING, FURNISHING AND EQUIPPING BLDG FOR SANITATION OPERATION OF CITY’S SERVICE DEPT, FURTHER IMPROVEMENTS TO CITY’S SERVICE CTR AND IMPROVING THEIR SITES. – FINANCE AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES 102. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 2/28/22. – RECEIVED & FILED 103. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR FEBRUARY, 2022. – RECEIVED & FILED 104. LAW DIRECTOR BATES AYLWARD: RATIFY TENTATIVE AGMT BETWEEN CITY OF CANTON AND FRATERNAL ORDER OF POLICE (FOP) RESULTING FR RECENT CONTRACT NEGOTIATIONS (TERM OF AGMT 1/1/22 – 12/31/24). – PERSONNEL COMMITTEE 105. LIQUOR CONTROL DIV (OHIO): REQ NEW C1, C2, D6 PERMIT FOR FAMILY DOLLAR STORES OF OHIO LLC, DBA FAMILY DOLLAR STORE 21348 @ 3032 MAHONING RD (WARD 6). – RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 140 MINUTES OF THE MEETING MARCH 14, 2022 106. MAYOR BERNABEI: APPT COUNCILMEMBER WILLIAM J. SMUCKLER TO STARK STATE JEDD BOARD OF TRUSTEES COMMENCING 3/14/22 FOR 4-YR TERM. – PERSONNEL COMMITTEE 107. MAYOR BERNABEI: AUTH PROPERTY LOCATED AT 1020 MARKET AVE N., CANTON OH 44702, WHICH CONSISTS OF PARCELS 10007992, 2430607, 227840, 202329, 232312, 247217, 247902, 247903, 247218 AND 247219, WHICH ARE NO LONGER NEEDED FOR MUNICIPAL PURPOSES, TO BE CONVEYED TO CANTON COMMUNITY IMPROVEMENT CORP FOR ECONOMIC DEVELOPMENT PURPOSES FOR PRICE OF $1.00 FOR SUBSEQUENT CONVEYANCE TO CHRIS MAGGIORE OR LLC TO BE NAMED LATER FOR PURCH PRICE OF $1.3 MILLION; PROCEEDS OF SALE SHALL BE RETURNED BY CCIC TO COMPREHENSIVE PLAN FUND; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (NATIONWIDE BLDG). – COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 108. MAYOR BERNABEI: AUTH APPT OF MR. BRETT MCELFRESH TO CANTON CONSTRUCTION BOARD COMMENCING 3/28/22 TO 12/31/22. – PERSONNEL COMMITTEE 109. MAYOR BERNABEI: AUTH APPT OF DR. STEPHEN HICKMAN TO HEALTH BOARD COMMENCING 4/1/22 TO 3/31/27. – PERSONNEL COMMITTEE 110. MAYOR BERNABEI: ADVISE COUNCIL OF APPT OF MR. FONDA WILLIAMS TO MAYOR’S COMMUNITY RELATIONS COMMISSION COMMENCING IMMEDIATELY TO 12/31/24. – RECEIVED & FILED 111. MAYOR BERNABEI: AMEND O#40/2000, AS AMENDED, CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL, BY SCHEDULE ATTACHED AS EXHIBIT A; EFFECTIVE DATE OF ORD (AND NEW SALARY FOR PROBATIONARY CADETS) WILL BE EFFECTIVE DATE OF 2022 CPFFA COLLECTIVE BARGAINING AGMT, RETRO TO 1/1/22 (CADET PROBATIONARY SALARY $46,245.00). – PERSONNEL COMMITTEE 112. PARKS AND REC DIRECTOR FOLTZ: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS NECESSARY FOR PURCH OF ONE ¾ TON PICKUP TRUCK, ONE 1-TON DUMP TRUCK, ONE MAINTENANCE VAN AND TWO SMALL SUV’S; ALTERNATIVELY AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCH OF THESE VEHICLES IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTH BY EITHER ORC OR CANTON CODIFIED ORD; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (PARKS AND REC DEPT). – PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 113. PARKS AND REC DIRECTOR FOLTZ: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCH OF ONE TORO GROUNDSMASTER MOWER; ALTERNATIVELY AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY FOR PURCH OF SAID MOWER IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTH BY EITHER ORC OR CANTON CODIFIED ORD; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (PARKS AND REC DEPT). – PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 141 MINUTES OF THE MEETING MARCH 14, 2022 114. PLANNING COMMISSION: REQ REPLAT OF OUT LOTS 339, 401, 475 AND 1102, PART OF CITY LOTS 11074, 13048 AND 33358, ALL OF CITY LOTS 11075-11077, 11079-11084, 13049, 16565, 23653, 30622, 32382, 33357 AND 33359-33362, (PARCELS 10010449 AND 10010454) FOR JIM YURKSCHATT ON BEHALF OF MORGAN REAL ESTATE HOLDINGS INC. AT 2201 HARRISON AVE SW, WARD 5. – PUBLIC SAFETY & THOROUGHFARES COMMITTEE 115. PLANNING COMMISSION: REQ CODE TEXT AMENDMENTS FOR CHAPTER 1131 – DEFINITIONS AND CHAPTER 1147 – PERMITTED USES BUSINESS AND INDUSTRIAL DISTRICTS (DEFINE AND BROADEN LIGHT MANUFACTURING; LIMITED PROCESSING AND MANUFACTURING AND TESTING AND RESEARCH LABS). – JUDICIARY COMMITTEE 116. PLANNING COMMISSION: RECOMMEND DENIAL OF ZONE CHANGE AT 2600 BLOCK OF HARVARD AVE NW (PARCEL #10009645) FR CS (COMMUNITY SERVICE) TO PR-4 (PLANNED MULTI-FAMILY RESIDENTIAL) FOR 100 UNIT ENERGY EFFICIENT INDEPENDENT 55 AND OVER SENIOR HOUSING FACILITY, WARD 7 (PETE SCHWIEGERAHT OF MVAH PARTNERS, AGT FOR NICKELPLATE REALTY TRUST LLC). – JUDICIARY COMMITTEE 117. PLANNING DIRECTOR ANGUS: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONSTRUCTION CONTRACTS NEEDED FOR CENTENNIAL PLAZA MAIN EVENT STAGE IMPROVEMENTS; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT WITH MKSK FOR CONSTRUCTION OVERSIGHT OF SAME; REQ $125,000.00 SUPP APPROP FR UNAPPROP BAL OF ARPA FUND TO 2175 200501 GENERAL GOVERNMENT SUPPORT ADMIN – OTHER; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – DOWNTOWN DEVELOPMENT AND FINANCE COMMITTEES 118. PLANNING DIRECTOR ANGUS: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ANY AND ALL CONSTRUCTION CONTRACTS NEEDED FOR CENTENNIAL PLAZA PUBLIC RESTROOM AND OPERATIONAL SUPPORT FACILITY; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT WITH BRANDSTETTLER CARROL INC. FOR CONSTRUCTION OVERSIGHT OF SAME; REQ $1,125,000.00 SUPP APPROP FR UNAPPROP BAL OF ARPA FUND TO 2175 200501 GENERAL GOVERNMENT SUPPORT ADMIN – OTHER; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – DOWNTOWN DEVELOPMENT AND FINANCE COMMITTEES 119. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACT WITH ARCADIS FOR ENGINEERING SERVS DURING DESIGN PHASE OF CROMER RESERVOIR IMPROVEMENT PROJ (TAG 587B) IN AMT OF $440,200.00; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH OHIO WATER DEVELOPMENT AUTHORITY FOR SUPPLEMENTAL AMT OF $441,741.00 TO FUND ENGINEERING SERVS DURING DESIGN PHASE OF SAID PROJ; AMEND 2022 BUDGET ORD, AS AMENDED, TO MAKE FOLLOWING SUPPLEMENTAL APPROP UPON APPROVAL OF OHIO WATER DEVELOPMENT AUTHORITY, TO RECEIVE ALL LOAN AND REVENUE PROCEEDS TO TRACK PROJ EXPENDITURES ($441,741.00 SUPP APPROP FR UNAPPROP BAL OF 5242 CROMER RESERVOIR IMPROVEMENT PROJECT FUND TO 5242 207070 CROMER RESERVOIR IMPROVEMENT PROJECT – OTHER); AUTH AUDITOR TO DRAW WARRANTS COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 142 MINUTES OF THE MEETING MARCH 14, 2022 UPON RECEIPT OF VOUCHERS; EMERGENCY. – FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES 120. SERVICE DIRECTOR HIGHMAN: INFORM COUNCIL, PURSUANT TO ORC SEC 105.01(b)(5), THAT CITY WILL NOT BE ENTERING INTO PLA (PROJECT LABOR AGMT) FOR CENTENNIAL PLAZA STAGE COVERING. – RECEIVED & FILED 121. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE OR MORE CONTRACTS FOR 9TH ST NE SALT STORAGE FACILITY RENOVATIONS PROJ – GP 1371; AUTH MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT FOR CONSTRUCTION OVERSIGHT FOR SAID PROJ; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS NECESSARY TO COMPLETE SAID PROJ; WAIVE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORD 105.09 FOR PURCH RELATED TO SAID PROJ; AUTH AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORD 105.14 WITHIN ESTABLISHED DOLLAR AMT THRESHOLDS FOR SAID PROJ; AUTH AUDITOR TO CREATE 4505 2022 INFRASTRUCTURE BOND FUND; AMEND 2022 BUDGET ORD, AS AMENDED ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4505 2022 INFRASTRUCTURE BOND FUND TO 4505 202063 SALT STORAGE FACILITY PROJECT, GP 1371 – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 122. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE OR MORE CONTRACTS FOR 2022 SERVICE CENTER UPGRADE AND RECONFIGURATION PROJ – GP 1331; AUTH MAYOR AND/OR SERV DIR TO EXECUTE ONE OR MORE PROF SERVS CONTRACTS FOR DESIGN AND CONSTRUCTION OVERSIGHT FOR SAID PROJ; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS NECESSARY TO COMPLETE SAID PROJ; WAIVE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORD 105.09 FOR PURCH RELATED TO SAID PROJ; AUTH AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORD 105.14 WITHIN ESTABLISHED DOLLAR AMT THRESHOLDS FOR SAID PROJ; AUTH AUDITOR TO CREATE 4505 2022 INFRASTRUCTURE BOND FUND; AMEND 2022 BUDGET ORD, AS AMENDED ($2,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 4505 2022 INFRASTRUCTURE BOND FUND TO 4505 202064 2022 SERVICE CENTER UPGRADE AND RECONFIGURATION, GP 1331 – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 123. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE OR MORE CONTRACTS FOR SANITATION BUILDING PROJ – GP 1376; AUTH MAYOR AND/OR SERV DIR TO EXECUTE ONE OR MORE PROF SERVS CONTRACTS FOR DESIGN AND CONSTRUCTION OVERSIGHT FOR SAID PROJ; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL PROF SERVS CONTRACTS NECESSARY TO COMPLETE SAID PROJ; WAIVE INFORMAL RESOLUTION  COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 143 MINUTES OF THE MEETING MARCH 14, 2022 REQUIREMENTS OF CANTON CODIFIED ORD 105.09 FOR PURCH RELATED TO SAID PROJ; AUTH AND DIRECT AUDITOR TO PAY ANY AND ALL MORAL OBS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORD 105.14 WITHIN ESTABLISHED DOLLAR AMT THRESHOLDS FOR SAID PROJ; AUTH AUDITOR TO CREATE 4505 2022 INFRASTRUCTURE BOND FUND; AMEND 2022 BUDGET ORD, AS AMENDED ($10,000,000.00 SUPP APPROP FR UNAPPROP BAL OF 4505 2022 INFRASTRUCTURE BOND FUND TO 4505 205002 SANITATION BUILDING PROJECT – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 124. TREASURER PEREZ: RPTS OF BANK REC AND CITY’S OUTSTANDING INVESTMENTS AS OF 2/28/22. – RECEIVED & FILED 125. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR FEBRUARY, 2022. – RECEIVED & FILED ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM SMUCKLER: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk would you please begin with Ordinance No. 1. NOTE: PRESIDENT PRO TEM SMUCKLER CALLED UPON CLERK WOOD TO READ ORDINANCES #1 THROUGH #9 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#1. (1ST RDG) AN ORDINANCE ADOPTING THE 2022 ANNUAL APPROPRIATIONS FOR THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY. (GENERAL FUND BUDGET) Referred to Finance Committee O#2. (1ST RDG) AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 1351.01, INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTION OF CHAPTER 1351 PROPERTY MAINTENANCE CODE. Referred to Judiciary Committee O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE APPROPRIATE OFFICIAL(S) TO PURCHASE AND/OR LEASE VARIOUS TITLED VEHICLES; ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THOSE PURCHASES AND ANY PROJECTS DESCRIBED IN EXHIBIT A THAT EXCEED ANY APPLICABLE DOLLAR AMOUNT THRESHOLD(S); ALTERNATIVELY ENTER INTO CONTRACT FOR THE PURCHASES AND PROJECTS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS DESCRIBED IN EXHIBIT A; WAIVES THE INFORMAL RESOLUTION REQUIRMENTS OF CANTON CODIFIED ORDINANCE 105.09 FOR PURCHASES APPROVED THROUGH THIS ORDINANCE; PAY ALL MORAL OBLIGATIONS FOR CONTRUCTION CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14 COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 144 MINUTES OF THE MEETING MARCH 14, 2022 WITHIN THE ESTABLISHED DOLLAR AMOUNT THRESHOLDS; AMENDNING THE 2022 FINAL APPROPRATION ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY. ($1,409,635.00 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 102001 POLICE ADMIN – OTHER – $23,590.00, TO 4501 103001 FIRE ADMIN – OTHER – $175,000.00, TO 4501 201001 SERVICE DIRECTOR ADMIN – OTHER – $100,000.00, TO 4501 202210 STREET MAINTENANCE – OTHER – $170,000.00, TO 4501 204010 OTHER BUILDINGS – OTHER – $601,900.00, TO 4501 208001 MOTOR VEHICLE ADMIN – OTHER – $10,200.00, TO 4501 504010 INFORMATIONAL TECHNOLOGY – OTHER – $235,000.00, TO 4501 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER – $15,000.00, TO 4501 601001 COUNCIL ADMIN – OTHER – $36,215.00, TO 4501 753001 LAW ADMIN – OTHER – $17,730.00, AND TO 4501 852001 TREASURER ADMIN – OTHER – $25,000.00; $1,086,858.00 SUPP APPROP FR UNAPPROP BAL OF 4502 MOTOR VEHICLE PURCHASES FUND TO 4502 102001 POLICE ADMIN – OTHER – $426,538.00, TO 4502 202210 STREET MAINTENANCE – OTHER – $630,320.00, TO 4502 901001 CIVIL SERVICE ADMIN – OTHER – $30,000.00) Referred to Public Property Capital Improvement Committee O#4. (1ST RDG) A RESOLUTION DECLARING THE NECESSITY AND THE INTENT TO APPROPRIATE THE ESTATES AND/OR INTERESTS IN THE PROPERTIES DESCRIBED IN EXHIBIT A AS PART OF THE 15TH ST. SW BRIDGE REPLACEMENT, GP 1299 PROJECT; ESTABLISHING THE FAIR MARKET VALUE (“FMV”) OF REAL PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (STA-15SW-13.50, PID 113153 RIGHT-OF-WAY ACQUISITION AUTH PROJ) Referred to Public Safety and Thoroughfares Committee O#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF SERVICE , OR THEIR DESIGNEE TO: ENTER INTO A PERMANENT STORM SEWER EASTMENT AGREEMENT WITH STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) NECESSARY FOR THE DRAINAGE OF STORM WATER FROM SARTA’S NEW FACILITIES; NEGOTIATE OR DONATE CITY-OWNED PROPERTY THROUGH A PERMANENT STORM SEWER EASTMENT TO SARTA NECESSARY FOR THE CONSTRUCTION OF THE SARTA SITEWORK PROJECT; TO CORRECT PROPERTY OWNER NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR TYPOGRAPHICAL ERRORS, SHOULD THEY OCCUR; AND DECLARING THE SAME TO BE AN EMERGENCY (STA-15SW- 13.50, PID 113153 RIGHT-OF-WAY ACQUISITION AUTH PROJ) Referred Environmental and Public Utilities Committee O#6 (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY FOR THE PURCHASE OF TWO (2) REAR LOADING PACKERS; OR TO ALTERNATIVELY PURCHASE SAID ITEMS PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME EMERGENCY (SANITATION DEPT) Referred to Public Property Capital Improvement Committee COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 145 MINUTES OF THE MEETING MARCH 14, 2022 O#7 (1ST RDG) ADOPTED AS ORDINANCE NO. 50/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LAND LEASE AGREEMENT WITH FOURTH AND MARKET, LTD., FOR CONSTRUCTION OF A RESTROOM AND OPERATIONAL SUPPORT FACILITY FOR CENTENNIAL PLAZA, LOCATED AT 4TH STREET NW AND COURT AVENUE; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Downtown Development and Finance Committee O#8 (1ST RDG) ADOPTED AS ORDINANCE NO. 51/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AGREEMENTS AS NEEDED WITH ODOT AND THE DEVELOPER FOR THE CONSTRUCTION AND CONSTRUCTION INSPECTION OF THE REBAR AVE. NE/US-62 REALIGNMENT (AMAZON), GP 1378 PROJECT; TO ENTER INTO CONTRACT WITH A CONSTRUCTION ENGINEERING FIRM TO OVERSEE AND INSPECT THE PROJECT; AND TO NEGOTIATE AND RECEIVE PROPERTY, DONATED BY WARRANTY DEED OR EASEMENT WHICH ARE NECESSARY FOR THE CONSTRUCTION REIMBURSEMENTS FROM THE DEVELOPER FOR THE COST OF CONSTRUCTION ENGINEERING FOR THE PROJECT; AUTHORIZES THE MAYOR, DIRECTOR OF PUBLIC SERVICE OR THEIR DESIGNEE TO MAKE MINISTERIAL CHANGES TO CORRECT PROPERTY OWNER NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR TYPOGRAPHICAL ERRORS, SHOULD THEY OCCUR; AND DECLARING THE SAME TO BE AN EMERGENCY (STA-62-27.31, PID 115836 RIGHT-OF-WAY ACQUISITION AUTH AND AGMTS FOR CONSTRUCTION OVERSIGHT PROJ) Referred to Public Safety & Thoroughfares Committee O#9 (1ST RDG) ADOPTED AS ORDINANCE NO. 52/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OD 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 (1020 MARKET AVE N, NATIONWIDE BLDG) Referred to Community & Economic Development Committee PRESIDENT PRO TEM SMUCKLER: At this time, the Chair would declare an in-house recess for Downtown Development, Finance, Public Safety & Thoroughfares, and Community and Economic Development Committees to meet in regards to Ordinances 7, 8, 9 on your agenda this evening. You’re now in recess. (COUNCIL RECESSED AT 7:34 PM FOR THE DOWNTOWN DEVELOPMENT, FINANCE, PUBLIC SAFETY & THOROUGHFARES, AND COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE TO DISCUSS ORDINANCE #7 THROUGH ORDINANCE #9; RECONVENED AT 7:45 PM) PRESIDENT PRO TEM SMUCKLER: Council is reconvening after the recess. Leader. MEMBER BABCOCK: Mr. President, I move we suspend Rule 22A to place Ordinances 7, 8, and 9 back on this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 146 MINUTES OF THE MEETING MARCH 14, 2022 MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 7, 8, 9 back on this evening’s agenda. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: The motion carries and Ordinances 7, 8, 9 are a legal part of your agenda. Leader Babcock. MEMBER BABCOCK: Mr. President, I move we suspend the Statutory Rules on Ordinances 7, 8, 9. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to suspend the Statutory Rules of Ordinances 7, 8, 9. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: You’ve heard the three readings, Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #7. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #7. Are there any remarks? … Hearing none, roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 50/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #7 is adopted. Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #8. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #8. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 147 MINUTES OF THE MEETING MARCH 14, 2022 CLERK WOOD: Ten yeas, Mr. President. #8 ADOPTED AS ORDINANCE NO. 51/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #8 has been adopted. Ordinance #9, Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #9. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #9. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 52/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #9 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM SMUCKLER: We are now under Second Readings of Ordinances. NOTE: PRESIDENT PRO TEM SMUCKLER CALLED UPON CLERK WOOD TO READ ORDINANCES #10 THROUGH #16 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#16 ADOPTED): O#10. (2ND RDG) AN ORDINANCE AMENDING CHAPTER 1107, ARCHITECTURAL REVIEW BOARD OF THE PLANNING AND ZONING CODE (BRING ADMIN OF BOARD TO CITY PLANNING DEPT) PUB HRG 3/28/22 @ 7:00 PM O#11. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOWN AS THE 4595 KIRBY AVE NE ANNEXATION AREA CONTAINING APPROXIMATELY 2.755 ACRES, MORE OR LESS; ASSIGNING SAID TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS I-1 LIGHT INDUSTRY DISTRICT (I-1); AND DECLARING THE SAME TO BE AN EMERGENCY (I-1 LIGHT INDUSTRY DISTRICT, WARD 6) PUB HRG 3/28/22 @ 7:01 PM O#12. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF LOT 5479 AND ALL OF LOT 5480; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 227086 & 217581, FOR THOMAS & DIANA BOWMAN AT 623 PARK AVE SW, WARD 5) O#13. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOT 37256 AND OUTLOT 820; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 10014820 AND 302756 FOR PAUL BERNIER OF BERNIER GROUP LLC AT 3722 LESH ST NE, WARD 6) COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 148 MINUTES OF THE MEETING MARCH 14, 2022 O#14. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUTLOT 1425; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #10011997, FOR LANIE WESS OF WOOLPERT ARCHITECTURE ON BEHALF OF PROP OWNER, RHINO HOLDINGS CANTON LLC, AT 2725 MARET ST NE, WARD 6) O#15 (2ND RDG) AN ORDINANCE VACATING FREDA ST NE AND LENA ST NE; AND DECLARING THE SAME TO BE AN EMERGENCY (AREA PERPENDICULAR TO 2900 BLOCK OF REGENT AVE NE, FREDA ST NE & LENA ST NE) O#16 (2ND RDG) ADOPTED AS ORDINANCE NO. 53/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE COLLECTION SYSTEMS DEPARTMENT ADMINISTRATION BUILDING MODIFICATIONS, GP 1255; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS; AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,860,000.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SEWER REPLACEMENT FUND TO 5413 206324 CSD ADMINISTRATION BUILDING MODIFICATIONS, GP 1255 – OTHER) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we suspend the Statutory Rules on Ordinance #16. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #16. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: Ordinance #16 is adopted. CLERK WOOD: No. MEMBER BABCOCK: No. PRESIDENT PRO TEM SMUCKLER: Oh, I’m sorry. Or…You’ve heard the three readings, Member Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #16. PRESIDENT PRO TEM SMUCKLER: It’s moved and… MEMBER GIAVASIS: Second. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 149 MINUTES OF THE MEETING MARCH 14, 2022 PRESIDENT PRO TEM SMUCKLER: Seconded that you adopt Ordinance #16. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 53/2022 PRESIDENT PRO TEM SMUCKLER: Now Ordinance #16 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM SMUCKLER: We’re now going to Third Readings of Ordinances. Beginning with Ordinance #17. NOTE: PRESIDENT PRO TEM SMUCKLER CALLED UPON CLERK WOOD TO READ ORDINANCE #17 THROUGH ORDINANCE #25 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#17. (3rd RDG) AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 230241, 230242 & 230243, 1819 MARKET AVE N, ATTY CHARLES HALL FOR PROP OWNER, DR. MICHELLE HALL, WARD 9) PUB HRG 3/14/22 @ 7:00 PM PRESIDENT PRO TEM SMUCKLER: Member Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #17. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #17. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 54/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #17 is adopted. Ordinance #18. O#18. (3rd RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $2,750,000.00 TO PROVIDE FUNDS TO PAY A PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, IMPROVING, FURNISHING OR EQUIPPING AN ECONOMIC DEVELOPMENT PROJECT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HALL OF FAME) COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 150 MINUTES OF THE MEETING MARCH 14, 2022 PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #18. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #18. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 55/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #18 is adopted. Ordinance #19. O#19. (3RD RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $1,200,000.00 TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS; AND DECLARING THE SAME TO BE AN EMERGENCY (HERCULES) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #19. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #19. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 56/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #19 is adopted. Ordinance #20. O#20. (3RD RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND ANTICIPATION NOTES IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $3,200,000.00 FOR THE PURPOSE OF PAYING THE COST OF ACQUIRING, CONSTRUCTING, RECONSTRUCTING AND IMPROVING CITY BUILDINGS, INCLUDING, WITHOUT LIMITATION, THE REPLACEMENT OF THE CITY HALL ROOF, THE CIVIC CENTER ROOF AND IMPROVEMENTS TO OTHER CITY FACILITIES PRESIDENT PRO TEM SMUCKLER: Leader Babcock. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 151 MINUTES OF THE MEETING MARCH 14, 2022 MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #20. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #20. Is there any discussion? … Leader Babcock CLERK WOOD: Amend. PRESIDENT PRO TEM SMUCKLER: I need an amendment. (Inaudible) MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #20 per amendment, per copy… of all… in front of all… what’s that. CLERK WOOD: You’re moving to amend. MEMBER BABCOCK: Oh… CLERK WOOD: Ordinance #20. MEMBER BABCOCK: Mr. President, I move we amend Ordinance #20, per copy in front of every Councilmember… Second. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt… I’m sorry… to amend Ordinance #20, with the amendment before every Councilmember. Is there any discussion on the amendment? … (Inaudible)… Could you give us… a quick review of what happened on that amendment, please. (Inaudible, side bar conversation per amendment.) … PRESIDENT PRO TEM SMUCKLER: Yes, please... Law Director. LAW DIRECTOR BATES: May I, Mr. President. The confusion is this apparently uh… as you know these bond Ordinances are prepared by outside Council. They’re long and involved … uh… documents. Um… there had been a need to amend and they actually substituted… they want to substitute an entirely new one. So, that came from obviously the outside Council. This amendment sheet in front of each of you… would have normally if it had been our Ordinance, we would have attached it to it. So it didn’t get attached. That’s the issue and that’s what the confusion is. So there is an actually substitution, by outside Council of the entire thing to make sure it’s entirely correct. I have to tell you I’m not positive what the changes are but our outside council uh…do… make those changes um… their bond Council. So I’m now looking at the substituted… uh… version… (Inaudible, side bar conversation per amendment.) … Yes… um… the change is in section 4 and the change basically… the original said that. Yeah section 4 and the change is simply that um… that it was originally not less than 9 or later than 12 months from the date of issuance and Finance Director had a good call on that. He thought that was the change, it is, and it’s not less than 3 nor later than 12. So it changes the term of the bond. Other than that it’s the same. So, I don’t think we need to copy this huge long thing for all of you since you all know that is the change in… in term. Um… it is obviously not a huge change but is a change in that one paragraph. So, I’m sorry about that confusion. So I believe we were at the point where there was a motion uh… to amend. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 152 MINUTES OF THE MEETING MARCH 14, 2022 PRESIDENT PRO TEM SMUCKLER: Any discussion on the amendment? … By voice vote, all those in favor, signify by saying aye. All those opposed. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM SMUCKLER: The amendment is adopted. Mr. Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #20. PRESIDENT PRO TEM SMUCKLER: As amended. MEMBER BABCOCK: As amen… as amended, I’m sorry. PRESIDENT PRO TEM SMUCKLER: Can I get a second? MEMBER GIAVASIS: I’m sorry, yes second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 20 by the substitution of the attached ordinance for the original pending ordinance. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #20 as amended. Any discussion? … All those in… I’m sorry… yeah all those… roll call vote. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #20 ADOPTED AS AMENDED AS ORDINANCE NO. 57/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #20 is adopted as amended. Ordinance #21. O#21. (3RD RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($156,516.00 SUPP UNAPPROP FR UNAPPROP BAL OF 2330 PUBLIC HEALTH WORKFORCE GRANT TO 2330 301001 PUBLIC HEALTH WORKFORCE GRANT – 600 PERSONNEL - $133,216.00, TO 2330 301001 PUBLIC HEALTH WORKFORCE GRANT – 700 OTHER - $23,300.00) (FOR 2 NEW EMPLOYEES) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #21. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #21. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 153 MINUTES OF THE MEETING MARCH 14, 2022 CLERK WOOD: Ten yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 58/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #21 is adopted. Ordinance #22. O#22. (3RD RDG) AN ORDINANCE AUTHORIZING THE FUNDING OF CANTON COMMUNITY IMPROVEMENT CORPORATION FOR A TWO-YEAR PERIOD UTILIZING GENERAL FUND DOLLARS IN AN AMOUNT OF $50,000.00 PER YEAR; AND DECLARING THE SAME TO BE AN EMERGENCY (FUND OPERATION OF CCIC) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #22. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #22. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #22 ADOPTED AS ORDINANCE NO. 59/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #22 is adopted. Ordinance #23. O#23. (3RD 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 $900,000.00 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $600,000.00 FOR THE MARKET AVENUE NORTH 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 5249 MARKET AVENUE NORTH WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5249 MARKET AVENUE WATER MAIN REPLACEMENT PROJECT FUND TO 5249 207054 MARKET AVENUE WATER MAIN REPLACEMENT PROJECT – OTHER; $500,000.00 SUPP APPROPP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207054 MARKET AVENUE WATER MAIN REPLACEMENT PROJECT – OTHER) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #23. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 154 MINUTES OF THE MEETING MARCH 14, 2022 MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #23. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 60/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #23 is adopted. Ordinance #24. O#24. (3RD RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A FIVE-YEAR SERVICE AGREEMENT WITH THE OPTION FOR POTENTIAL RENEWALS WITH PAYMENTUS CORPORATION TO SUPPLY, IMPLEMENT, MANAGE, AND SUPPORT THEIR ELECTRONIC BILLING AND PAYMENT SYSTEM; AND DECLARING THE SAME TO BE AN EMERGENCY (UTILITIES BILLING DEPT) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #24. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #24. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #24 ADOPTED AS ORDINANCE NO. 61/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #24 is adopted. Ordinance #25. O#25. (3RD 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 HARVARD AVENUE 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 5248 HARVARD AVENUE NORTH WATER MAIN REPLACEMENT PROJECT FUND; AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 155 MINUTES OF THE MEETING MARCH 14, 2022 BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5248 HARVARD AVENUE WATER MAIN REPLACEMENT PROJECT FUND TO 5248 207068 HARVARD AVENUE WATER MAIN REPLACEMENT PROJECT – OTHER; $375,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207068 HARVARD AVENUE WATER MAIN REPLACEMENT PROJECT – OTHER) PRESIDENT PRO TEM SMUCKLER: Leader Babcock. MEMBER BABCOCK: Mr. President, I move we adopt Ordinance #25. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded to adopt Ordinance #25. Is there any discussion? …Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. #25 ADOPTED AS ORDINANCE NO. 62/2022 PRESIDENT PRO TEM SMUCKLER: Ordinance #25 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM SMUCKLER: We are now under Announcement of Committee Meetings. Next meeting date will be March 28th at 6:30 P.M. MEMBER HAWK: Mr. President. PRESIDENT PRO TEM SMUCKLER: Member Hawk. MEMBER HAWK: Finance Committee will meet Monday, March 28th at 6:30 P.M MEMBER MARIOL: Mr. President. PRESIDENT PRO TEM SMUCKLER: Member Mariol. MEMBER MARIOL: Public Property Capital Improvement Committee will meet same time, same place MEMBER FISHER: Mr. President. PRESIDENT PRO TEM SMUCKLER: Member Fisher MEMBER FISHER: Environmental and Public Utilities will meet March 28th at 6:30 P.M. MEMBER GIAVASIS: Mr. President... uh… PRESIDENT PRO TEM SMUCKELR: Member Giavasis COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 156 MINUTES OF THE MEETING MARCH 14, 2022 MEMBER GIAVASIS: The Judiciary Committee will meet same time, same place. PRESIDENT PRO TEM SMUCKLER: Member Babcock MEMBER BABCOCK: Personnel will meet same time, same place. PRESIDENT PRO TEM SMUCKLER: We are now under Misc… MEMBER KIMBROUGH: Uh, Public Safety & Thoroughfares will also meet at the same time, 6:30 on the 28th, thank you. MISCELLANEOUS BUSINESS PRESIDENT PRO TEM SMUCKLER: Okay, Miscellaneous Business. We are now under Miscellaneous Business. Is there any Miscellaneous Business? MEMBER FERGUSON: Yes, Mr. President. PRESIDENT PRO SMUCKLER: Member Ferguson. MEMBER FERGUSON: As of Friday, uh… Aultman Hospital now has only four COVID patients. Five weeks ago they had one hundred fifty. Uh… so obviously things have dropped tremendously. Want to thank everybody for all their assistance… help. PRESIDENT PRO TEM SMUCKLER: Dr. Ferguson, it… reflective here and as I said those that feel comfortable wearing a mask, please continue wearing them. Especially if you have small children that were not eligible for … uh … any type of shots. Anyone else? MEMBER MARIOL: Mr. President. PRESIDENT PRO TEM SMUCKLER: Member Mariol MEMBER MARIOL: Um… this week Ukrainian flags were put up and down Market Avenue. I wanted to thank, not sure who… who it was, whether it was the Service Director or the Engineer or the Safety Director but whoever that was, thank you for putting that up. It’s great that we are showing solidarity with the Ukrainians as they fight for their freedom against uh… the Russians. Thank you. SERVICE DIRECTOR HIGHMAN: Mr. President. I want to give credit to Director Perry, Engineer Moeglin, and the Traffic Engineering Division. PRESIDENT PRO TEM SMUCKLER: Okay, anyone else for Miscellaneous Business? Um… Mayor… you just struck me as you said that. I guess we are in the process of hiring a new Engineer. MAYOR BERNABEI: I think that everyone is aware uh… that uh… Mr. Dan Moeglin who has been our City Engineer, I think since approximately 2002 or 2001, I believe. Um… was in the running for the position of Director of Stark Parks. Uh… Dan was selected as the number one candidate, offered a contract and he has taken it. Uh… we, of course have mixed feelings with regard to this and we discussed this at length with him. Uh… we are… we will miss him. Obviously Dan has been an excellent, excellent, great City Engineer in helping us obtain so many funds from the State of Ohio and seeing our way through many, many projects. On COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 157 MINUTES OF THE MEETING MARCH 14, 2022 the other hand, we thought he was the right guy to go to Stark Parks. He has a special love in his heart for parks and that part of his business and I think he is an excellent choice for them. I think we’ll continue to have very, very good relationships with him and with Stark Parks into the future and this will cement that relationship. So, we are both uh… missing him but very, very proud of his achievement and we will be posting his position… or it is already posted… and we, by way very (Inaudible) with regard to our Engineer Department. Now the… the successor may or may not come out of that department but uh… rest assured that we have a… a… a great group of engineers. PRESIDENT PRO TEM SMUCKLER: Uh… before he leaves, if I could ask him to… please join us. Uh… the last Monday night he’s here. We would like to give him an obviously… a resolution for especially… wasn’t to much good on parking as far as some of us are concerned. But uh… he did bring a lot of money to this community uh… and we love that. Um… and I would hope that two weeks from now that uh… he would join us down here. Mayor. MAYOR BERNABEI: Mr. President, I would also announce along similar lines, of course I think we are all aware that police Chief Jack Angelo is retiring. His final day will be April 15th. Um… Civil Service has conducted a test and uh… the… uh… Captain John Gabbard, who was the Patrol Division uh… uh… Captain. Um… he finished first with regarding to the testing. He will be appointed Chief. I think that a swearing in date will be April 18th, although I have to double check that date. But there will be a swearing in ceremony uh… swearing in cere… ceremony at the Civic Center McKinley Room on that particular date and we will announce the specifics of that. But we have uh… again with reluctance we say goodbye to Chief Jack Angelo, who I thought was an excellent, excellent Chief of Police. Very cari… very caring, very committed and in Captain John Gabbard we are getting an equally committed and talented Chief of Police. PRESIDENT PRO TEM SMUCKLER: Uh… if you could make room for somebody on the agenda that evening too, so we can present a resolution also… Anyone else? … You know it sort of sounds funny but uh… when you’re looking for a bathroom in downtown Canton it isn’t so funny sometimes and uh… I am glad to see this is all coming to fruition. Um… this is a long overdue, especially when we draw large crowds downtown. Anyone else? … Member Babcock. MEMBER BABCOCK: I move we adjourn. MEMBER GIAVASIS: Second. PRESIDENT PRO TEM SMUCKLER: It’s been moved and seconded that we adjourn. Any discussion? … Roll call. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Mr. President. PRESIDENT PRO TEM SMUCKLER: (Gavel falls) Meeting’s adjourned. ADJOURNMENT TIME: 8:17 PM COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 158 MINUTES OF THE MEETING MARCH 14, 2022 ATTEST: 3/18/22 APPROVED: JILL M. WOOD WILLIAM SMUCKLER CLERK OF COUNCIL PRESIDENT PRO TEM