City Council

COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 191 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: Canton City Council. If everyone could please turn your cellphones to vibrate, please. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Madam Clerk. 11 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, LOUIS GIAVASIS, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, KEVIN HALL, JOHN MARIOL, PETER FERGUSON AND FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. CLERK WOOD: Eleven present, one absent Mr. President. (MEMBER FISHER ABSENT) EXCUSING MEMBERS PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we excuse Member Fisher this evening. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to excuse Member Fisher from this evening’s meeting. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Member Fisher is excused from this evening’s meeting. Tonight’s invocation will be given by Ward 2 Council Member, Brenda Kimbrough. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on April 11, 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 Ward 2 Council Member, Brenda Kimbrough. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Kimbrough. AGENDA CORRECTIONS AND CHANGES PRESIDENT SHERER: We are now under Agenda Corrections and Changes. Leader. MEMBER SMUCKLER: Mr. President, I move Rule 22A suspended to add second readings of 16 through 29 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add second readings to Ordinances 16 through 29 to this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 192 MINUTES OF THE MEETING APRIL 11, 2022 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 16 through 29 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings for this evening. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business, and there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT SHERER: We are now under Public Speaks and we have ten speakers for tonight. Out of respect for all the speakers that signed up tonight, I’d… I’d like to remind everybody that you do have three minutes to speak. Out of respect for all the other speakers and I do would like to remind everybody to please silence your cell phones out of respect to the speakers. So, our first speaker will be Ms. Kimberly Bell. Ms. Bell, would you please step forward and give us your name and residential address, please. KIMBERLY BELL: Yes. My name is Kimberly Bell, 1733 Morris Avenue, Canton… Kimberly Bell, okay 1733 Morris Avenue. Um… oh… last week I… I well the week before when I spoke uh… I guess I spoke out of turn a few times but um… you’ve been nothing but been a gentleman to me President and ever since I’ve been coming here for the past three or four years. So, the folder you have in front of you, that letter is for you. That’s… that’s… that’s a… that’s a response to the letter I received from you. When I spoke about how the… the Mayor… I hate it I… I didn’t say I hate white people. So, the audience heard me I said I hate you. Mayor for what you’ve done. You…you… you… you… the… the… the deceit and the lie that was told to the… to the community, to the Williams family about the officer on leave… on paid leave but he was actually working. In the department 16 days later after he murdered James Williams and at this point it’s been over a hundred days and we’ve come to the conclusion that you trying to ratify the shooting instead of... I mean you sit there and you… Mayor you sit there and… and… and… and I’m just shaming you because you got on the mic… PRESIDENT SHERER: Ms. Bell… Ms. Bell when your… your addressing all of us not just not… KIMBERLY BELL: Okay. When he got on the mic and… and… and he set there on the blow horn talking about as long as he was in office this will not… he wouldn’t stand for this. But God has a… the good lord has a way of sham…of…of…of bring things to if… to bring things to the forefront to make us realize you was lying all along. So that right there... So, when you speak a fact, it hurts sometimes. The truth hurts and I… I… I don’t think I… I… I was racist about anything I said. I spoke about facts that’s been going on since this shooting and when I… when I get up here and speak. I don’t just talk about James Williams family, that’s anybody who the police has killed, one of you. You can be out of state and one of your family members can be killed by a police officer. It’s no different. I’ll get up here and say the same thing but you know and as… as a black when you read that you’ll see black people… my age we were not raised… uh raised as racist. It… It wasn’t talked about in our family because if it was, the… it… our parents and our grandparents had con… had repercussion if they took it to the job or if they bought a new car. If they or… or if they you know anything cause they knew white man, they work for the white man. They work for Johnny Law and another thing I’m running for office… COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 193 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: Ms. Bell KIMBERLY BELL: And I know you are going to try to run but you won’t win Mr. Sherer. Thank you. PRESIDENT SHERER: Thank you, Ms. Bell. And Ms. Bell I just want to clarify the reason that I sent you the letter wasn’t Public Speaks and this is not a debate forum. Was your outburst during Council as the meeting was going on, out of respect for everybody who comes down here. So I just want to clarify that with you. KIMBERLY BELL: Okay, well like I said the back of the letter is for you and out of respect because you’ve been nothing but gentlemen. PRESIDENT SHERER: And I would be more than happy to talk to you after the meeting Ms. Bell. KIMBERLY BELL: Okay, Thank you. PRESIDENT SHERER: Thank you. Our next speaker is Mr. Jerome Davis. Mr. Davis could you please step forward and give us your name and residential address, please. JEROME DAVIS: 2419 Coventry Blvd NE. I am James Williams and it’s bigger than me. I can’t breathe. Only moments into this year I was gunned down. Taken from my loving wife and kids in the safety of my own backyard. Hands up, don’t shoot. Cut down by Officer Robert Huber of the Canton Police Department. The same Police Department that are sworn to keep me safe. Do you protect and serve? Did I deserve to be taken from my family? My privacy fence was to keep me and my family safe. Shot through that same fence without warning and without pause. Hunted like an animal. I never saw it coming. Eight Can’t Wait. It was all documented by Officer Huber’s body camera, so the evidence is there. Yet no transparency, only silence. Why I ask? I deserve peace, my family deserves closure. I am the motor for change in this city. Canton, now is the time and this is your chance. Your chance to send a message, set the precedent, make my death count. Canton is a city that celebrates excellence. Let’s create a safe environment for every citizen regardless of the color of their skin. This is our backyard and I will be remembered for social change. No more senseless deaths in our backyard. Do not give Police Officers a license to kill without pause. Accountability now, transparency now. Can you hear me? Do you hear the voice of a man that cannot speak for himself? Investigate, indict, and bring the truth to light. Robert Huber. Remember his name. Say my name, James Williams, beacon for change. I am James and he is me. Community United. No justice no peace. PRESIDENT SHERER: Thank you, Mr. Davis. Our next speaker is Jamarice Riley. Uh… sorry about. Mr. Riley could you please step forward and give us your name and residential address, please. JAMARICE RILEY: My name is Jamarice Demetri Riley Jr. I live at 3312 Windsor Place Apartment B SW Canton, Ohio known as Linwood. PRESIDENT SHERER: Thank you. JAMARICE RILEY: Um… what I will say for years I’ve been here. Some familiar faces, probably don’t remember me, some do. I’ve had uh… a lot of things to the streets. PRESIDENT SHERER: Mr. Riley you can… if you could speak up just a little. JAMARICE RILEY: I’m sorry my voice naturally mellow, so I apologize. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 194 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: You’re fine. Thank you. JAMARICE RILEY: Um… when I came here I was running from a purpose. My family always said I’d be the Joseph and I ran from it, even from music. Jolanda and all them got on my tail and would run and everytime I would end up in jail. I’ve been too much in the slums all the way up to Federal and I served in 2010. What I will say, when I saw my homie, Jeremiah Burton, and he stood for me when all those officers and the rookie clacked that gun. They didn’t know on 19th street when I was there, Storm stood for me. Many people, many families uh… I know too many people as the Waikems and Calhouns that’s helped us since the dawn of time, I’mma say like that. (Inaudible). What I can say as a prior armed forces, streets, all the way to the miss of a (Inaudible) that we need to make a change. We need to start at least… least helping enough people where they can be safe. I’m willing to be a bridge. If I have to wear a (Inaudible) to even be around y’all. Even like I do… Rome’s Boom Boom Room, R Bar, Hall of Fame all of that, I will be. What I do feel… there’s a lot hurting. There’s too many children killing themselves and becoming victims and we keep letting… and Mayor I understand. I led over 200 plus people in many ages of warfare. I had to psychological learn them. Had to wipe tears and keep them strong and it’s a hard responsibility and it’s hard to step your foot down with people, familiar, you’ve known for years and you don’t want to detach them. But with the death of my kids and baby mom when I was coming home on leave, I had to learn it’s not about letting it go. It’s embracing it and becoming better. So y’all, I do understand on both sides and I’m willing to be an advocate to help. But we do need… you’re… you guys confidence and where you’re at, at your position, cause we can only do us so much. Thank you. PRESIDENT SHERER: Thank you, Mr. Riley. Our next speaker is Vicki…and I don’t want to mis… VICKI PRUNTY: It’s okay I got it. I’m Vicki Prunty, I live at 130 Pearl Street. I live in Orrville, Ohio. I’ve been up here for two years, back and forth in protest. Um… I’m a Reverend, I’m a white woman in America and I want to educate you a little bit. I have a Master’s Degree in Public Administration. I have a Bachelor’s Degree in Social and Political Philosophy and I just want to give a bit of information because I read your letter and I’m offended and I’m embarrassed. Because it is white people who created race. You can’t be racist against a system or people who created the system. She may be prejudice against you but she has every right to feel that way. Look at what the history of this country is and if we can’t take responsibility for that, take accountability for it and do something better. We’re no different than those people that came before us. So when are you going to stand up and take accountability for this. There are six children without a father right now. There is a wife and ex-wife without support from that same person. There’s a community that depended on James. He was like the father of the neighborhood. Which one of you are going to step into that role and fulfill that because we know. I just read articles today that the trajectory of that gun up in the air, would have only harmed him. Would only harm him and it’s a misdemeanor, it’s not… it’s not a capital crime. It’s not something you get the death penalty for. That cop watched him… watched him. He watched him, he didn’t call out, he didn’t announce himself, he didn’t try to deescalate. He just walked up there and shot into that fence. We all saw it. Are we going to sit here and act like it didn’t happen? I’m not… I’m not going anywhere. Justice for James. (From Audience Justice For James) PRESIDENT SHERER: Thank you Ms. Prunty. Our next speaker is Ms. Skylark Bruce. Ms. Bruce if you could you please step forward and give us your name and residential address, please. SKYLARK BRUCE: My name is Skylark Bruce and I live at 2216 Bollinger Ave NE. The police department recently signed up with Spider Tech. Hailed in news stories because it can text updates to victims of crimes after they report them. I’m struggling to understand why and how the Canton Police Department lacked the ability to send a text message. But after $40,000.00 per year, now they can and it sends out surveys. You’re going to get feedback and that’s a good thing. Now you want feedback, now you want citizen’s comments and COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 195 MINUTES OF THE MEETING APRIL 11, 2022 review after cit… incidents happen. You didn’t have to spend forty grand to know that CPD messed up big time in January with the murder of James Williams and that the City government has been covering it up ever since. Save tax payers money and listen to the tax payers who have been putting ourselves under your noses for four months. Mayor Tom Bernabei claimed two years ago that Canton is in compliance with seven out the eight, Eight Can’t Wait policies for Police Departments. Officer Robert Huber did not act in compliance with four of them and if you never wrote a report of incidents that would make five. He did not attempt to deescalate the situation. James Williams did not even know a cop was present as Huber did not announce himself. Two, Huber did not give any kind of warning before shooting. Three, Huber did not exhaust all alternatives before shooting. He could’ve retreated to his car, called for backup, but no. Number four, the use of force continuum is also relevant because while Mr. Williams was firing a gun he wasn’t aiming it at anyone. Alternative all purp… I’m sorry excuse me… appropriate use of force would dictate treating this like any other misdemeanor and seeking to make an arrest. Another of the Eight Can’t Wait policies is duty to intervene; which means an officer shouldn’t stand by while another officer breaks these straight forward policies. But the way, the Police Department has treated the Williams family and supporters, since January, makes it look like none of them would have done a thing to stop Huber. Instead they openly mock the pain of grieving children as they express themselves with sidewalk chalk. Laughing and jeering is common place. Some have thrown buckets of water while the children are still drawing. This is the actual legacy of Captain Jack Angelo. He has led with a callus and indifferent heart. Previous to James Williams, CPD is responsible for the… for the deaths of Jaron Nero and Darryl Ross. You want feedback, go read the writing on the floor. PRESIDENT SHERER: Thank you Ms. Bruce. Our next speaker is going to be Joe… is it Schmucker? JOE SCHMUCKER: Schmucker. PRESIDENT SHERER: Schmucker, I apologize. Mr. Schmucker could you please state your name and residential address, please. JOE SCHMUCKER: Yes uh… my name is Joe Schmucker. My address is 8146 Center St Garretsville, Ohio. Um… I just wanted to start off by saying that I am here in support of the James Williams family and the uh… community that he lived in and all the residents of Canton. I had no intention in… to coming back here for the last few months that I’ve been coming here and I’m just… I’m at a loss for words how the City Council has turned its back on the community members here and how I have watched a community that is thoughtful, caring… um… cares about Canton and Canton doesn’t care about them. That’s what I’ve seen and um… it… I don’t know it just hurt my soul and I just… I just want justice for this family and I think everybody uh… in the city, uh… once they know about what’s going and we’re not going to stop. Because we want everybody to know what happened. Uh… while all of you were celebrating on New Year’s Eve, Canton Police and uh… Robert Huber uh… were murdering James Williams. Justice for James. (From Audience Justice For James) PRESIDENT SHERER: Thank you, Mr. Schmucker. Our next Speaker is… and I can’t read the last name but the first name is Anwar and I apologize for… could you please state your name and residential address, please. ANWAR ALAYAMINI: Sure, my name is Anwar Alayamini… uh my… it’s kind of complicated where my residence is but I’ll use 2417 4th St North Avenue, Canton, Ohio 44708. PRESIDENT SHERER: Thank you. ANWAR ALAYAMINI: So I…moved away to Los Angeles about 12 years ago to pursue my dreams. Um… when I lived in the city of Canton or when I lived in Stark County I was an active member uh… in the COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 196 MINUTES OF THE MEETING APRIL 11, 2022 community. I served on teen court and… for the Stark County um… court system. Um… I stood up for uh… I stood for many organizations uh… about just bringing positivity and upliftment and enrichment to the community. Uh… about four years ago my father had passed away and he was a successful business owner here in… in Canton and Massillon and I was left with a mess to clean up. And part of that mess was a building on 4th street the address that I just stated. Uh…about four years ago I (Inaudible) to… I’m running out of time. Uh… basically there was a business partner where I could get them to sign over their share to me or sell me their share and my father and I had a vision for that building. While he was alive, to turn it in to something for the community. Unfortunately, he had passed and I didn’t get to outlive that vision for him. Um… the city of Canton has a demolition order for that building and I’ve been trying to… I’m out of time. Basically I’d like to stop the demolition of the building. I have the grant deed that finally got into my name after four years of trying to get it to happen and I want to work with the city to do something for the community for enrichment and the betterment of everybody. So, that’s what I’m here to talk about. Sorry for the time. PRESIDENT SHERER: No, it’s alright, and I would encourage you to stay till after the meeting and we can… be more than happy to have that conversation. ANWAR ALAYAMINI: Thank you, very much I appreciate it. PRESIDENT SHERER: Our next speaker is Jolanda Jackson. Ms. Jackson could you please step forward and give us your name and residential address, please. JOLANDA JACKSON: Hi, my name is Jolanda Jackson, I stay at 326 Mohawk Ave NW Canton, Ohio. You ready? PRESIDENT SHERER: Yep. JOLANDA JACKSON: Um… tonight we here cause the community came together for all of the injustices in our community. Sixty-percent of our children are growing up in poverty in Stark County and that speaks volumes. Poverty equals crime, crime equals policing. Right now we are getting over policed. With the spy shooter, again you trying to build transparency and trust in the community and you haven’t even built stability. We have Officer Lamar Sharpe in our community and y’all cut his funding and he is in our community, trying to help. That doesn’t bring transparency. It hasn’t brung transparency in this case and we asking for that and that’s free. When y’all not saying anything, that speaks volumes… volumes. We do have a racist issue here. When you guys brought Donald Trump and his… his people here three times, that speaks volumes to us. Then you brought him in to church. That’s not my God. That’s not the God I serve. He wouldn’t have none of this. What we doing ain’t right. Y’all have y’all foot on a lot of people’s necks for some broken promises. Just like the grocery store that was supposed to be on the southeast side, that didn’t come across the southeast side. The people on the southeast side barely even know about that grocery store and that grocery store also offers half off with a EBT card. If you don’t know what a EBT card, that’s a government assistance card, that’s a food stamp card. So if I was able to go in that grocery store and use my… get grocery’s and get half off cause I have this card, don’t you think people should know. That’s what I’m saying. It’s a lot of good programing here that goes on in this city and we don’t know. If y’all want to help us, help us cause a lot of us… is not nothing bad like I said I’m cool with Officer Sharpe and Imma drop a dime on y’all too. I’m cool with Officer Robert Huber too. I knew who he was when I seen the video. I dropped to the ground just like uh… James Williams. I know Huber, that was my dog. He was a community policeman too and that hurt to see that, but I know what’s behind this. All we asking for is some transparency cause I don’t want to be here. I got a little… two black boys that live in this community and I don’t want nothing to happen to them cause if I don’t get it I’mma shut it down. I’mma shut it down but this ain’t my kids I don’t want to worry about that. It’s just little things y’all could do to hel… COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 197 MINUTES OF THE MEETING APRIL 11, 2022 help us. Changes if we… we below income have Sarta run on Sunday’s. It cost thirty-dollars to catch a uh…Uber in Belden Village. Thirty-dollars and I got four kids. That’s a pack of diapers sir. That’s a lot and I don’t mean to tell you my business for y’all to belittle me or something like that but that’s the way it is. That’s what’s going on right now and we just trying to make it better cause if guys can get excited when the Hall of Fame get here. When them people come here what they tell y’all they like here? The people, the people make Hall of Fame. So y’all got to help us so we can make this all year round, man. Come to the grassroots we don’t belong in organizations. Come meet us in the streets. Thank you. PRESIDENT SHERER: Thank you Ms. Jackson. Our next speaker is Marquetta Williams, hopefully I got that right (Conversation in the Audience). Out of respect for our speaker Ms. Williams you have the floor. MARQUETTE WILLIAMS: My name is Marquette Williams, 2307 10th St SW. I’m the late wife… the late wife of James Williams and we demand justice. We demand accountability. We demand transparency. We have a ten- point action plan that only one thing has been done. Which was releasing the name of Robert Huber. Two, we want the name immediately released call to 911 regarding to gunfire in the area that night. Three, we want immediate release of all the CPD dispatch regarding… the records regarding the James Williams incident. Four, we want immediately release of all the dash camera videos from CPD officers on the scene, unedited. Five, we want immediately release of all body camera videos from CPD officers on the scene, unedited. Six, we want immediately returning of the security camera recordings that was taken from my home. I have no security. I have six kids in my home, six girls. All I had was my husband and my recording of my cameras is what safe watched my house. I have neither. Seven, immediately release any written or oral instructions from the CPD Chief of Police, Chief Angelo, given to his officers instructing them on how to respond to celebratory gunfire that night. Eight immediately release of public condemnation of the reckless and deadly conduct of the CPD officer, who killed my husband, James Williams, by blindly firing through a wooden fence. Nine I want immediately terminate employment of the CPD officer Robert Huber. Who blindly, recklessly, and fatally shot James Williams through a fence. And last but not least, I want ten, immediately bring appropriate criminal charges against Officer Robert Huber, who shot and killed my husband in front of me and his children, his nephew, and his cousin. Justice for James. (From Audience Justice For James) PRESIDENT SHERER: Thank you, Ms. Williams and our last speaker for this evening is Ms. Ida Ross Freeman. Ms. Freeman could you please state your name and residential address, please. IDA ROSS FREEMAN: It’s Ross Freeman. It is not Ms Freeman, its Ross Freeman. Okay? PRESIDENT SHERER: I apologize. IDA ROSS FREEMAN: Okay. Um… good evening everybody, Ida Ross Freeman 1129 7th St NW Canton, Ohio. I want to talk about the Police Department. I know last year we had a brief encounter about defunding the police. We’re not talking about defunding the police. We weren’t giving the opportunity to explain what we were really talking about because all we heard was from some of you all, was, “We’re not going to defund the police”. We weren’t talking about that. Hold on… What we were talking about is uh… well I never wanted us to defund the police but to reallocate funds to accommodate our social ills in our community. To include emotional wellness therapist and possibly a psy… a paralegal to help the police do their job better. We just want better policing and better training and the… and the… the money that they get, divide it, separate it, reallocate. Now I embrace the Police Department. I know if we didn’t have police, we would have complete chaos. I don’t want to live in a community where there’s no police, okay. Our police can be better with better training and understanding that not everyone that they encounter in their duty are not… are bad people, but are people who make bad choices. Not defund the police, reallocate the funds of the police. So we can be better at policing our community. Thank you. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 198 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: Thank you, Ms. Ross Freeman. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have one for this evening. Madam Clerk, would you please read Informal Resolution #38, by title 38. COUNCIL-AS-A-WHOLE: COMMENDING POLICE CHIEF JACK ANGELO FOR HIS LEADERSHIP AND DEDICATION TO THE CITY OF CANTON. – ADOPTED PRESIDENT SHERER: Leader. (Audience Chanting Justice For James) Officer…Out of… out of respect for everyone in this attendance, would you please excuse them from the meeting. (Shouting From The Audience While Leaving) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #38. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #38. Are there any remarks? …Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #38 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it. The motion carries and Informal Resolution #38 is adopted. Madam Clerk, do we want to read the entirety. No we will skip that. MEMBER SMUCKLER: Mr… Mr. President PRESIDENT SHERER: Leader. MEMBER SMUCKLER: At a later time, this will be presented. PRESIDENT SHERER: Okay, Thank you Majority Leader. COMMUNICATIONS PRESIDENT SHERER: We are now under Communications. Let the journal show 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. 144. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 3/31/22. – RECEIVED & FILED 145. CANTON POLICE DEPT: 2021 ANNUAL REPORT. – RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 199 MINUTES OF THE MEETING APRIL 11, 2022 146. CANTON WATER DEPT: 2021 ANNUAL REPORT. - RECEIVED & FILED 147. CLERK WOOD: LTR TO LIQUOR CONTROL DIV ENCLOSING COOP AGMT BETWEEN CANTON AND JEROME GANG, OWNER OF 3773 CLEVELAND INC., DBA EURO GYRO @ 3717 CLEVELAND AVE NW, WARD 8 (PERMIT #88698250005). – RECEIVED & FILED 148. LAW DIRECTOR BATES AYLWARD: APPROVE EDITING AND INCLUSION OF CERTAIN ORDINANCES ADOPTED FR 4/5/21 TO 12/1/21 TO BE INCORPORATED INTO CANTON CODIFIED ORDINANCES; AUTHORIZE LAW DIR TO DISTRIBUTE COPIES OF 2021-2022 CITY CODE SUPPLEMENT TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS FREE OF CHARGE AND AFFIX PRICE OF $5.90 FOR SALE OF SAME TO HOLDERS OF CITY CODE. – JUDICIARY COMMITTEE 149. MAYOR BERNABEI: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ENERGY PROJ COOP AGMT WITH HALL OF FAME VILLAGE CENTER FOR PERFORMANCE LLC; AUTH MAYOR AND/OR SERV DIR TO APPROVE PETITION AND HOFV CENTER FOR PERFORMANCE SUPPLEMENTAL PLAN FOR SPECIAL ENERGY IMPROVEMENT PROJS; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL NECESSARY AGMTS FOR IMPLEMENTATION OF HOFV CENTER FOR PERFORMANCE SUPPLEMENTAL PLAN; AUTH SUCH ADDT’L AUTH AS LAW DIRECTOR MAY NEED TO COMPLETE THIS TRANSACTION IN ACCORDANCE WITH OHIO LAW AND TERMS OF FINANCING; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (PROPERTY ASSESSED CLEAN ENERGY (PACE) FINANCING). – FINANCE COMMITTEE 150. MAYOR BERNABEI: ADVISE OF APPT OF MS. LAURA MILLS TO MAYOR’S COMMUNITY RELATIONS COMMISSION COMMENCING IMMEDIATELY TO 12/31/24. – RECEIVED & FILED 151. SAFETY DIRECTOR PERRY: AUTH SAF DIR TO ENTER INTO CONTRACT WITH SAFEBUILT OHIO LLC FOR PROF SERVS IN AMT NOT TO EXCEED $196,282.92; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; AMEND O#68/2022 ($196,282.92 APPROP TRF FR 5701 101501 CODE ENFORCEMENT ADMIN – PERSONNEL TO 5701 101501 CODE ENFORCEMENT ADMIN – OTHER) ; EMERGENCY (PERFORM NECESSARY INSPECTIONS). – FINANCE COMMITTEE 152. SAFETY DIRECTOR PERRY: AUTH MAYOR AND/OR SAF DIR TO ENTER INTO FIVE (5) YR CONTRACT WITH STRYKER COT AND LOADING SYSTEMS IN AMT OF $22,790.30 PER YEAR FOR TOTAL OF $113,951.52; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (FIRE DEPT). – FINANCE COMMITTEE 153. SERVICE DIRECTOR HIGHMAN: AUTH CITY TO APPLY FOR, ENTER INTO AGMT FOR AND RECEIVE FAIR HOUSING PARTNERSHIP FUNDS FR DEPT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTH AUDITOR TO ESTABLISH 2230 2021 FAIR HOUSING PARTNERSHIP GRANT FUND FOR TRACKING GRANT REVENUE AND EXPENDITURES; AMEND O#68/2022, AS AMENDED, ($6,500.00 SUPP APPROP FR UNAPPROP BAL OF 2230 2021 FAIR HOUSING PARTNERSHIP GRANT FUND TO 2230 505010 FAIR HOUSING DEPARTMENT – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 200 MINUTES OF THE MEETING APRIL 11, 2022 VOUCHERS; EMERGENCY (ADS ON SARTA BUSES; TESTING CONCERNING FAIR HOUSING LAWS). – COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 154. SERVICE DIRECTOR HIGHMAN: AMEND O#68/2022, AS AMENDED ($100,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER – ADV OUT; $100,000.00 INTER-FUND ADV FR 1001 GENERAL FUND ADV – OUT TO 2211 COMMUNITY DEVELOPMENT ADV – IN; $100,000.00 INTER-FUND ADV REPAYMENT FR 2211 COMMUNITY DEVELOPMENT ADV – OUT TO 1001 GENERAL FUND ADV – IN; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (FY 2022 ANNUAL ACTION PLAN PRE-AWARD COSTS). – COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 155. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO PROF SERVS CONTRACT FOR DESIGN OF SCHROYER AVE SW SEWER REPLACEMENT PROJ, GP 1380; AMEND O#68/2022, AS AMENDED ($65,900.00 INTRA-FUND TRF FR 5410 206006 COLLECTION SYSTEMS DEPARTMENT (OTHER) TO 5410 206327 SCHROYER AVE SW SANITARY SEWER REPLACEMENT, GP 1380 (OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES 156. SERVICE DIRECTOR HIGHMAN: AMEND CITY ENGINEERING DIVISION CLASSIFICATION PLAN FOR MGMT AND NON-BARGAINING PERSONNEL; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (CHIEF DEPUTY CITY ENGINEER TO REPLACE ONE OF THREE ASST CITY ENGINEERS). – PERSONNEL COMMITTEE 157. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT CHANGE ORDER #2 – ALLEN AVE SE AREA SANITARY SEWER REPLACEMENT PROJ WITH ENVIRONMENTAL DESIGN GROUP FOR DESIGN REVISIONS IN AMT OF $77,856.37; AUTH AUDITOR TO PAY ANY AND ALL MORAL OBS RELATED TO THIS CHANGE ORDER THAT TOOK PLACE PRIOR TO FINAL COMPLETION; AMEND O#68/2022, AS AMENDED ($77,856.37 INTRA-FUND TRF FR 5410 206006 COLLECTION SYSTEMS DEPARTMENT (OTHER) TO 5410 206322 ALLEN AVE SE AREA SANITARY SEWER PROJECT, GP 1332 (OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHER; EMERGENCY. – FINANCE COMMITTEE 158. SERVICE DIRECTOR HIGHMAN: AMEND O#68/2022, AS AMENDED ($3,260,000.00 SUPP APPROP FR UNAPPROP BAL OF 5445 ALLEN AVE SANITARY SEWER PROJECT, GP 1332 TO 5445 206322 ALLEN AVE SANITARY SEWER PROJECT, GP 1332 – OTHER; $121,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 206322 ALLEN AVENUE SE AREA SANITARY SEWER/WATERLINE FUND – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (COVER HIGHER ESTIMATE DUE TO SUPPLY CHAIN ISSUES). – FINANCE COMMITTEE 159. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO EASEMENT AGMT WITH OHIO POWER CO FOR UNDERGROUND ELECTRIC SERVICE FACILITIES ON PART OF CITY OUTLOT 711, FKA PARCEL 10008537; AUTH MAYOR AND/OR SERV DIR TO MAKE TYPO CORRECTIONS & ADJUSTMENTS BASED UPON TRF; COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 201 MINUTES OF THE MEETING APRIL 11, 2022 EMERGENCY (ONGOING DEVELOPMENT OF HALL OF FAME VILLAGE). – ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 160. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH BURGESS & NIPLE FOR DESIGN OF HARTER HEIGHTS WATER MAIN REPLACEMENT PROJ – PHASE 1; AMEND O#68/2022 ($104,900.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207083 HARTER HEIGHTS AREA WATER MAIN REPLACEMENT PROJECT – PHASE 1 – OTHER); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. – ENVIRONMENTAL & PUBLIC UTILITIES AND FINANCE COMMITTEES 161. SERVICE DIRECTOR HIGHMAN: INFORM COUNCIL OF SELECTION OF MR. JAMES BENEKOS PE, PS TO SERVE AS CANTON CITY ENGINEER EFFECTIVE 4/9/22. – RECEIVED & FILED 162. SERVICE DIRECTOR HIGHMAN: AMEND BUILDING MAINTENANCE CLASSIFICATION PLAN FOR MGMT AND NON-BARGAINING PERSONNEL; AMEND O#68/2022 ($60,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 202210 MAINTENANCE – PERSONNEL); AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (CREATION OF ASST SUPERINTENDENT). – PERSONNEL COMMITTEE 163. STARK COUNTY COMMISSIONERS: REQ ANNEXATION OF 3.998 ACRES IN NIMISHILLEN TWP TO CITY OF CANTON (4955 BROADWAY AVE AVE NE 2022). – PLANNING COMMISSION ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk, would you please begin with Ordinance No. 1. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #1 THROUGH #15 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 4595 COLONIAL BLVD. RECONTRUCTION PROJECT FUND AND THE 4596 9TH ST. SW BRIDGE REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 68/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,881,104.00 SUPP APPROP FR UNAPPROP BAL OF 4595 COLONIAL BLVD RECONSTRUCTION PROJECT FUND TO 4595 202062 COLONIAL BLVD RECONSTRUCTION PROJECT FUND, GP 1206 – OTHER; $300,000.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SANITARY SEWER REPLACEMENT FUND TO 5413 202062 COLONIAL BLVD RECONSTRUCTION PROJECT, GP 1206 – OTHER; $750,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER OPERATING FUND TO 5201 202062 COLONIAL BLVD RECONSTRUCTION PROJECT, GP 1206 – OTHER); $1,777,545.00 SUPP APPROP FR UNAPPROP BAL OF 4596 9TH ST SW BRIDGE REPLACEMENT PROJECT FUND TO 4596 202065 9TH ST SW BRIDGE REPLACEMENT PROJECT, GP 1298 – COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 202 MINUTES OF THE MEETING APRIL 11, 2022 OTHER; $250,000.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SANITARY SEWER REPLACEMENT FUND TO 5413 202065 9TH ST SW BRIDGE REPLACEMENT PROJECT, GP 1298 – OTHER; $381,478.00 SUPP APPROP FR UNAPPROP BAL OF 4579 30TH ST NW PAVING PROJECT, PHASE 2 (SIDEWALK INSTALLATION), GP 1238 TO 4579 202044 30TH ST NW PAVING PROJECT, PHASE 2 (SIDEWALK INSTALLATION), GP 1238 – OTHER) Referred to Public Property Capital Improvement and Finance Committees O#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A CONTRACT CHANGE ORDER WITH ARCADIS FOR THE DESIGN OF THE WEST TUSCARAWAS CORRIDOR SAFETY PROJECT, PHASE 1 G.P 1165; AMENDING APPROPIATION ORDINANCE NO. 68/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($500,000.00 APPROP TRF FR 2175 200501 GENERAL GOVERNMENT SUPPORT ADMIN – OTHER TO 2175 202043 W TUSCARAWAS CORRIDOR RECONSTRUCTION SAFETY PROJECT, GP 1286 – OTHER) Referred to Finance and Public Safety and Thoroughfares Committees O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER 3 AND FINAL WITH THE SHELLY COMPANY IN AN AMOUNT NOT TO EXCEED $72,914.12; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR THESE CONTRACTS NEEDED TO FINALIZE THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY (2021 PAVING PROG, GP 1352) Referred to Finance Committee O#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS FOR THE DESIGN AND OVERSIGHT OF THE WATER RECLAMATION FACILTY ELECTRICAL IMPROVEMENTS PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 68/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,402,700.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SEWER REPLACEMENT FUND TO 5413 206059 WRF ELECTRICAL IMPROVEMENTS PROJECT – OTHER) Referred to Finance Committee O#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE MONUMENT ROAD SANITARY SEWER PROJECT –GP 1364; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION ENGINEERING SERVICES; AMENDING APPROPRIATION ORDINANCE NO. 68/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,100,000.00 SUPP APPROP FR UNAPPROP BAL OF 5413 SEWER REPLACEMENT FUND TO 5413 206325 MONUMENT RD SANITARY SEWER PROJECT, GP 1364 – OTHER) Referred to Environmental & Public Utilities and Finance Committees COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 203 MINUTES OF THE MEETING APRIL 11, 2022 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 ONE (1) ASPHALT RECYLCER; OR TO ALTERNATIVELY PURCHASE SAID EQUIPMENT PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 68/2022; AND DECLARING THE SAME TO BE AN EMERGENCY ($75,000.00 SUPP APPROP FR UNAPPROP BAL OF 2111 STREET MAINTENANCE FUND TO 2111 202210 MAINTENANCE – OTHER; $75,000.00 SUPP APPROP FR UNAPPROP BAL OF 2170 NEIGHBORHOOD DEVELOPMENT FUND TO 2170 202210 MAINTENANCE – OTHER; $50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER WORKS FUND TO 5201 207022 DISTRIBUTION MAINTENANCE – OTHER) Referred to Public Property Capital Improvement 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 (TREASURER’S DIV) Referred to Personnel Committee O#8. (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A TO ORDINANCE NO. 40/2000, AS AMENDED, THE CLASSIFICATION PLAN FOR BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (INCOME TAX DIV) Referred to Personnel Committee O#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 76/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY IN ORDER TO IMPLEMENT THE 2022 SUMMER WORK EXPERIENCE PROGRAMS UTILIZING ARPA FUNDS AND TO ENTER INTO ALL CONTRACTS NECESSARY IN ORDER TO IMPLEMENT THE 2022 SUMMER CAMP PROGRAMS UTILIZING ARPA FUNDS; AND DECLARING THE SAME TO BE AN EMERGENCY (IMPACT 115 CANTON HIGH SCHOOL STUDENTS) Referred to Community & Economic Development Committee O#10. (1ST RDG) ADOPTED AS ORDINANCE NO. 77/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY IN ORDER TO IMPLEMENT THE ARPA 2022 YEAR- ROUND EDUCATIONAL PROGRAMS AND INFRASTRUCTURE PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPPORT 110 FAMILIES AND YR-ROUND EDUCATIONAL PROGRAMMING FOR 180 YOUTH) Referred to Community & Economic Development Committee O#11. (1ST RDG) ADOPTED AS ORDINANCE NO. 78/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY IN ORDER TO IMPLEMENT THE ARPA 2022 COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 204 MINUTES OF THE MEETING APRIL 11, 2022 FACILITY AND EQUIPMENT NEEDS OF NONPROFITS PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Community & Economic Development Committee O#12. (1ST RDG) ADOPTED AS ORDINANCE NO. 79/2022 AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT ANY SUBSTANTIAL AMENDMENT TO THE CITY’S 2021 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF CDBG AND HOME PROGRAM FUNDS; AND ENTER INTO ALL PROFESSIONAL CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF THE PROGRAM DURING THE GRANT PERIOD USING ANY AND ALL PROCUREMENT PROCESSES AUTHORIZED IN THE CODIFIED ORDINANCES OR OHIO REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY (REALLOCATING CDBG AND HOME FUNDS FROM 2021 ANNUAL ACTION PLAN TO NEW ACTIVITIES) Referred to Community & Economic Development Committee O#13. (1ST RDG) ADOPTED AS ORDINANCE NO. 80/2022 AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT ANY SUBSTANTIAL AMENDMENT TO THE CITY’S 2019 ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THAT MAY BE REQUIRED TO CARRY OUT THE PROVISIONS OF THE CORONAVIRUS AID; RELIEF, AND ECONOMIC SECURITY ACT PROGRAMS; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF CDBG-CV PROGRAM FUNDS; AND ENTER INTO ALL PROFESSIONAL CONTRACTS NECESSARY TO ALLOW FOR EFFECTIVE OPERATION OF THE PROGRAM DURING THE GRANT PERIOD USING ANY AND ALL PROCUREMENT PROCESSES AUTHORIZED IN THE CODIFIED ORDINANCES OR OHIO REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY (REALLOCATING CDBG-CV FUNDS FROM 2019 ANNUAL ACTION PLAN TO NEW ACTIVITIES) Referred to Community & Economic Development Committee O#14. (1ST RDG) ADOPTED AS ORDINANCE NO. 81/2022 AN ORDINANCE AUTHORIZING THE MAYOR TO SUBMIT AN AMENDMENT OF OUR CITIZEN PARTICIPATION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD); AND DECLARING THE SAME TO BE AN EMERGENCY (AMENDING CITIZEN PARTICIPATION PLAN) Referred to Community & Economic Development Committee O#15. (1ST RDG) ADOPTED AS ORDINANCE NO. 82/2022 A RESOLUTION AUTHORIZING PARTICIPATION IN THE ODOT ROAD SALT CONTRACT; AND DECLARING THE SAME TO BE AN EMERGENCY (FOR 2022) Referred to Finance Committee COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 205 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for Community & Economic Development and Finance Committees to meet in regards to Ordinances 9 through 15 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 8:06 PM FOR THE COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES TO DISCUSS ORDINANCE #9 THROUGH ORDINANCE #15; RECONVENED AT 8:18 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A and add Ordinances uh… 9 through 15 back to agenda please. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 9 through 15 back on this evening’s agenda. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 9 through 15 are a legal part of your agenda, Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Statutory Ru… Rules of Ordinances 9 through 15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 9 through 15. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #9. Are there any remarks under this Ordinance? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER GIAVASIS ABSTAINED) COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 206 MINUTES OF THE MEETING APRIL 11, 2022 CLERK WOOD: Ten yeas, one abstention, Mr. President. #9 ADOPTED AS ORDINANCE NO. 76/2022 PRESIDENT SHERER: The motion carries and Ordinance #9 is adopted. Leader. MEMBER SMUCKLER: Mr. President, 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 10 YEAS, 1 ABSTAIN (MEMBER HALL ABSTAINED) CLERK WOOD: Ten yeas, one abstention, Mr. President. #10 ADOPTED AS ORDINANCE NO. 77/2022 PRESIDENT SHERER: The motion carries and Ordinance #10 is 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 remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER SMUCKLER ABSTAINED) CLERK WOOD: Ten yeas, one abstention, Mr. President. (Inaudible) #11 ADOPTED AS ORDINANCE NO. 78/2022 CLERK WOOD: Ten yeas, one abstention. PRESIDENT SHERER: Okay. The motion carries and Ordinance #11 is adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #12. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 1 ABSTAIN (MEMBER HALL ABSTAINED) COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 207 MINUTES OF THE MEETING APRIL 11, 2022 CLERK WOOD: Ten yeas, one abstention. #12 ADOPTED AS ORDINANCE NO. 79/2022 PRESIDENT SHERER: The motion carries and Ordinance #12 is adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #13. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 80/2022 PRESIDENT SHERER: The motion carries and Ordinance #13 is adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #14. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 81/2022 PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #15. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 82/2022 PRESIDENT SHERER: The motion carries and Ordinance #15 is adopted and for the record in the minutes. Member Hall rescinds his vote on Ordinance #9. Correct? COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 208 MINUTES OF THE MEETING APRIL 11, 2022 MEMBER HALL: Yes. PRESIDENT SHERER: Okay. Thank… thank you, Member Hall and abstains… and abstains. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: Alright, we are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, will you please begin with Ordinance #16. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #16 THROUGH #29 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: (O#16 – O#19; O#27 – O#29 ADOPTED ON 2ND RDG) O#16. (2ND RDG) ADOPTED AS ORDINANCE NO. 83/2022 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $3,237,000 BONDS TO PAY COSTS OF REFUNDING CERTAIN OF THE CITY’S ANTICIPATED OUTSTANDING VARIOUS PURPOSE NOTES, SERIES 2022, TO BE DATED MARCH 31, 2022, TO BE ISSUED IN ANTICIPATION OF BONDS, AND DECLARING AN EMERGENCY O#17. (2ND RDG) ADOPTED AS ORDINANCE NO. 84/2022 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $2,529,000 BONDS TO PAY COSTS OF IMPROVING THE CITY’S SERVICE CENTER INCLUDING DEMOLITION OF DETERIORATING BUILDINGS, SERVICE CENTER RECONFIGURATION AND IMPOUND LOT EXPANSION, AND IMPROVING THEIR SITES, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY O#18. (2ND RDG) ADOPTED AS ORDINANCE NO. 85/2022 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $1,518,000 BONDS TO PAY COSTS OF RENOVATING AND REFURBISHING A CITY SALT STORAGE DOME AND OTHERWISE IMPROVING THE SITE THEREOF, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY O#19. (2ND RDG) ADOPTED AS ORDINANCE NO. 86/2022 AN ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF $10,116,000 BONDS TO PAY COSTS OF DESIGNING, ENGINEERING, CONSTRUCTING, FURNISHING AND EQUIPPING A BUILDING FOR THE SANITATION OPERATION OF THE CITY’S SERVICE DEPARTMENT, AND FURTHER IMPROVEMENTS TO THE CITY’S SERVICE CENTER, AND IMPROVING THEIR SITES, TOGETHER WITH ALL NECESSARY APPURTENANCES THERETO, AND DECLARING AN EMERGENCY O#20. (2ND RDG) AN ORDINANCE AUTHORIZING THE CANTON PARKS AND RECREATION DEPARTMENT IN CONJUNCTION WITH THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS NECESSARY FOR THE PURCHASE OF ONE (1) ¾ TON PICKUP TRUCK, ONE (1) ONE TON DUMP TRUCK, ONE (1) MAINTENANCE VAN AND TWO (2) SMALL SUV’S; OR TO ALTERNATIVELY PURCHASE SAID VEHICLES PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER THE OHIO REVISED COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 209 MINUTES OF THE MEETING APRIL 11, 2022 CODE OR CANTON CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY (PARKS AND REC DEPT) O#21. (2ND RDG) AN ORDINANCE AUTHORIZING THE CANTON PARKS AND RECREATION DEPARTMENT IN CONJUNCTION WITH THE DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACTS NECESSARY FOR THE PURCHASE OF ONE (1) TORO GROUNDMASTER MOWER; OR TO ALTERNATIVELY PURCHASE SAID VEHICLE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY EITHER THE OHIO REVISED CODE OR CANTON CODIFIED ORDINANCES; AND DECLARING THE SAME TO BE AN EMERGENCY (PARKS AND REC DEPT) O#22. (2ND RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF OUT LOTS 339, 401, 475 AND 1102, PART OF CITY LOTS 11074, 13048 AND 33358 AND ALL OF CITY LOTS 11075-11077, 11079-11084, 13049, 16565, 23653, 30622, 32382, 33357 AND 33359-33362; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 10010449 AND 10010454, FOR JIM YURKSCHATT ON BEHALF OF MORGAN REAL ESTATE HOLDINGS INC. AT 2201 HARRISON AVE SW, WARD 5) O#23. (2ND RDG) AN ORDINANCE AMENDING SECTION 1131.01, DEFINITIONS AND CHAPTER 1147, PERMITTED USES – BUSINESS & INDUSTRIAL ZONING DISTRICTS OF PART ELEVEN PLANNING AND ZONING CODE (DEFINE AND BROADEN LIGHT MANUFACTURING; LIMITED PROCESSING AND MANUFACTURING AND TESTING AND RESEARCH LABS) PUB HRG 4/25/22 @7:00 PM O#24. (2ND RDG) AN ORDINANCE DENYING THE REQUEST TO AMEND ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE (PETE SCHWIEGERAHT OF MVAH PARTNERS, AGT FOR NICKELPLATE REALTY TRUST LLC, @2600 BLOCK OF HARVARD AVE NW) PUB HRG 4/25/22 @7:01 PM O#25. (2ND 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 (PETE SCHWIEGERAHT OF MVAH PARTNERS, AGT FOR NICKELPLATE REALTY TRUST LLC, @2600 BLOCK OF HARVARD AVE NW) PUB HRG 4/25/22 @7:01 PM O#26. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH ARCADIS FOR ENGINEERING SERVICES DURING THE DESIGN PHASE OF THE CROMER RESERVOIR IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $440,200; ENTER INTO AN AGREEMENT WITH THE OHIO WATER DEVELOPMENT AUTHORITY FOR A SUPPLEMENTAL AMOUNT OF $441,741 TO FUND ENGINEERING SERVICES; AMENDING THE 2022 BUDGET ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY ($441,741.00 SUPP APPROP FR UNAPPROP BAL OF 5242 CROMER RESERVOIR COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 210 MINUTES OF THE MEETING APRIL 11, 2022 IMPROVEMENT PROJECT FUND TO 5242 207070 CROMER RESERVOIR IMPROVEMENT PROJECT – OTHER) O#27. (2ND RDG) ADOPTED AS ORDINANCE NO. 87/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE OR MORE CONTRACTS; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONSTRUCTION OVERSIGHT; ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS NECESSARY FOR THE 9TH STREET NE SALT STORAGE FACILITY RENOVATIONS PROJECT – GP 1371; WAIVES THE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORDINANCE 105.09 FOR PURCHASES RELATED TO THIS PROJECT; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZES THE AUDITOR TO CREATE THE 4505 2022 INFRASTRUCTURE BOND FUND; AMENDING THE 2022 BUDGET ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY ($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) O#28. (2ND RDG) ADOPTED AS ORDINANCE NO. 88/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, WARD AND ENTER INTO ONE OR MORE CONTRACTS; EXECUTE ONE OR MORE PROFESSIONAL SERVICES CONTRACTS FOR DESIGN AND CONSTRUCTION OVERSIGHT; AND ALL PROFESSIONAL SERVICES CONTRACTS FOR THE 2022 SERVICE CENTER UPGRADE AND RECONFIGURATION PROJECT – GP 1331; WAIVES THE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORDINANCE SECTION 105.09 FOR PURCHASES RELATED TO THIS PROJECT; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZING THE AUDITOR TO CREATE THE 4505 2022 INFRASTRUCTURE BOND FUND; AMENDING THE 2022 BUDGET ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000,000.00 SUPP APPROP FR UNAPPROP BAL OF 5604 SANITATION BLDG PROJ FUND TO 5604 205002 SANITATION BLDG PROJECT – OTHER) O#29. (2ND RDG) ADOPTED AS ORDINANCE NO. 89/2022 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO ONE OR MORE CONTRACTS; EXECUTE ONE OR MORE PROFESSIONAL SERVICES CONTRACTS FOR DESIGN AND CONSTRUCTION OVERSIGHT; ENTER INTO ALL PROFESSIONAL SERVICES CONTRACTS NECESSARY FOR THE SANITATION BUILDING PROJECT – GP 1376; WAIVES THE INFORMAL RESOLUTION REQUIREMENTS OF CANTON CODIFIED ORDINANCE 105.09 FOR PURCHASES RELATED TO THIS PROJECT; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 211 MINUTES OF THE MEETING APRIL 11, 2022 BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZES THE AUDITOR TO RENAME FUND 5604 2006 OFFICE REMODELING BOND FUND TO 5604 SANITATION BUILDING PROJECT FUND; AMENDING THE 2022 BUDGET ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000,000.00 SUPP APPROP FR UNAPPROP BAL OF 5604 SANITATION BLDG PROJ FUND TO 5604 205002 SANITATION BLDG PROJECT – OTHER) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Statutory three readings for Ordinances 16, 17, 18, 19, 27, 28, 29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 16, 17, 18, 19, 27, 28, 29. Are there any remarks? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: After consultation during committee meetings with all of City Council. Uh… based on the state of inflation at this point of time and cost of living, Council requested that we adopt and try to save interest rate points on this and I just want to read this into the record. It was at the time up for passage and without objection. Thank you, Mr. President. PRESIDENT SHERER: Thank you, Leader. Are there any additional re… remarks? …Madam Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: Motion carries, you’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #16. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 83/2022 COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 212 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: Ordinance #16 is adopted. Ordin… Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and second… seconded to adopt Ordinance #17. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 84/2022 PRESIDENT SHERER: Ordinance #17 is adopted. Leader MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #18. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 85/2022 PRESIDENT SHERER: Motion carries and Ordinance #18 is adopted. Leader MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #19. MEMBER BABCOCK: Aye… PRESIDENT SHERER: It’s been moved… MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks under this Ordinance? …Hearing none, roll call, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 86/2022 PRESIDENT SHERER: Motion carries and Ordinance #19 is adopted. Leader COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 213 MINUTES OF THE MEETING APRIL 11, 2022 MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #27. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #27. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #27 ADOPTED AS ORDINANCE NO. 87/2022 PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted. 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 under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #28 ADOPTED AS ORDINANCE NO. 88/2022 PRESIDENT SHERER: Motion carries and Ordinance #28 is adopted. Ordinance… or Leader MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #29. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #29. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #29 ADOPTED AS ORDINANCE NO. 89/2022 PRESIDENT SHERER: Motion carries and Ordinance #29 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Madam Clerk, will you please begin with Ordinance #30. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 214 MINUTES OF THE MEETING APRIL 11, 2022 NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCE #30 THROUGH ORDINANCE #33 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#30. (3rd RDG) ADOPTED AS ORDINANCE NO. 90/2022 AN ORDINANCE AMENDING SUBSECTION (A) OF SECTION 1351.01, INTERNATIONAL PROPERTY MAINTENANCE CODE ADOPTION OF CHAPTER 1351 PROPERTY MAINTENANCE CODE (MOST CURRENT VERSION ADOPTED AND PUBLISHED BY INTERNATIONAL CODE COUNCIL) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #30. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #30. Are there any remarks? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Question that I had forgotten about. I just want to ask this question. Is this leave the inspections at the same amount of money that they have been Mr. Mayor. MAYOR BERNABEI: Um… Mr. Majority Leader, uh… the answer is yes we control insp… inspection charges to local ordinances. What we are doing here is just simply adopting the most recently updated International Property Maintenance Code. MEMBER SMUCKLER: I just wanted to go on record. I had a landlord call me the other day and said does this mean we are raising rates and I said no. MAYOR BERNABEI: That is correct. PRESIDENT SHERER: Are there any additional remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #30 ADOPTED AS ORDINANCE NO. 90/2022 PRESIDENT SHERER: Motion carries and Ordinance #30 is adopted. Ordinance #31, please. O#31. (3rd RDG) ADOPTED AS ORDINANCE NO. 91/2022 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 COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 215 MINUTES OF THE MEETING APRIL 11, 2022 SAME TO BE AN EMERGENCY (STA-15SW-13.50, PID 113153 RIGHT-OF-WAY ACQUISITION AUTH PROJ) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #31. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #31. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #31 ADOPTED AS ORDINANCE NO. 91/2022 PRESIDENT SHERER: Motion carries and Ordinance #31 is adopted. Ordinance #32, please. O#32. (3RD RDG) ADOPTED AS ORDINANCE NO. 92/2022 AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF SERVICE , OR THEIR DESIGNEE TO: ENTER INTO A PERMANENT STORM SEWER EASEMENT 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 EASEMENT 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) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #32. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #32. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #32 ADOPTED AS ORDINANCE NO. 92/2022 PRESIDENT SHERER: Motion carries and Ordinance #32 is adopted. Ordinance #33, please. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 216 MINUTES OF THE MEETING APRIL 11, 2022 O#33. (3RD RDG) ADOPTED AS ORDINANCE NO. 93/2022 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) PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move that we adopt Ordinance #33. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #33. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. #33 ADOPTED AS ORDINANCE NO. 93/2022 PRESIDENT SHERER: Motion carries and Ordinance #33 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under Announce… Announcement of Committee Meetings. Our next committee, or next meeting day will be April 25th, 2022 and committee starts at 6:15 P.M. MEMBER HAWK: Mr. President. PRESIDENT SHERER: Member Hawk. MEMBER HAWK: Finance Committee will meet Monday April 25th at 6:15 P.M. Thank you. PRESIDENT SHERER: Thank you, Member Hawk. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Um… Personnel will meet same time, same place. PRESIDENT SHERER: Thank you, Member Babcock. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 217 MINUTES OF THE MEETING APRIL 11, 2022 MEMBER SCAGLIONE: Environmental & Public Utilities will meet same time, same place. PRESIDENT SHERER: Thank you, Member Scaglione. MEMBER GIAVASIS: Mr. President, Judiciary, same time, same place. PRESIDENT SHERER: Thank you, Member Giavasis. MEMBER KIMBROUGH: Public Safety & Thoroughfares committee will meet the same time, same place. PRESIDENT SHERER: And thank you, Member Kimbrough. CLERK WOOD: Member Scaglione, PPCI. MEMBER SCAGLIONE: Mr. President. PRESIDENT SHERER: Member Scaglione. MEMBER SCAGLIONE: Public Property Capital Improvement will also meet same time, same place. CLERK WOOD: There is no meeting for Judiciary. PRESIDENT SHERER: Thank you, Madam Clerk. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I would like to invite uh… each and every one of you bring your kids, your grandkids to the Easter egg hunt that’s going to be at the Southeast Community Center. This Saturday the 16th from 12 -2. I’d like to thank those Council Members that have donated and if you would like to donate any candy or Easter baskets, please see me. Thank you. PRESIDENT SHERER: Thank you, Member Smith… Well Mr. Smith you stuck it through the whole meeting. That a boy, thank… thank you for coming this evening. Is there any Miscellaneous Business for this evening? Leader. MEMBER SMUCKLER: Mr. President uh… tonight we passed summer jobs again. We also took care of trying to make the Sanitation Department a little more pleasant and also doing things a little more cost effective. Um… also hopefully these bonds will get sold before we see a rate increase and I want to thank all Council for going along with that at the last minute. On that note, I move we adjourn. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 218 MINUTES OF THE MEETING APRIL 11, 2022 PRESIDENT SHERER: And there is one thing before we adjourn. Leader, I was just informed that the tour of the Cancer Center for Aultman, has been postponed til June 20th at 5:30 P.M. So if the… coun… wh… the Council Members who do plan on attending, just please notify Clerk Wood that you will be attending that evening. MEMBER FERGUSON: The reason it was postponed was because the construction (Inaudible). They wanted to get everything organized, get the equipment in there, so figured out the 20th would be better than having it this soon. So you get the whole picture and what it’s going to look like. PRESIDENT SHERER: Thank you, Member Ferguson. There is a motion and seconded to adjourn. Clerk Dough… er… Clerk Wood, what did I just say that? (laughter). CLERK WOOD: That’s okay. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: This Meeting is adjourned, thank you for coming this evening. (Gavel falls) ADJOURNMENT TIME: 8:50 PM ATTEST: 4/14/22 APPROVED: JILL M. WOOD WILLIAM SHERER CLERK OF COUNCIL PRESIDENT