City Council

COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 195 MINUTES OF THE MEETING MAY 13, 2024 PRESIDENT BATES AYLWARD: Good evening ladies and gentlemen and welcome to Canton City Council. If everyone would please turn your cell phones to vibrate. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please, Madam Clerk. Yes, Mr. Morris. MEMBER MORRIS: *Microphone wasn’t turned on* (Laughter) PRESIDENT BATES AYLWARD: Okay, roll call vote please, Madam Clerk. ROLL CALL TAKEN BY CLERK WOOD: 12 COUNCIL MEMBERS PRESENT: (JOHN MARIOL, JAMES BABCOCK, LOUIS GIAVASIS, CRYSTAL SMITH, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, ROBERT FISHER, JONATHAN COOKS, RICHARD SACCO & FRANK MORRIS) TWELVE COUNCIL MEMBERS PRESENT CLERK WOOD: Twelve present, Madam President. PRESIDENT BATES AYLWARD: Thank you. Tonight’s invocation will be given by Ward 4 Council Member, Ms. Chris Smith. And if you would all please stand and remain standing for the Pledge of Allegiance. MEMBER CHRIS SMITH: Excuse me. I would like to… uh hear the prayer from my nephew, Minister… uh Gregory Reaves, please. PRESIDENT BATES AYLWARD: If he would approach the podium he may pray. The podium right there with the… yea. MEMBER GIAVASIS: Nice heads up, Chris. (Laughter) MEMBER CHRIS SMITH: And.. and sir could you please… say your name and your church affiliation, please. MINISTER REAVES: My name is… my name is Gregory Reaves, Jesus Speaks Christian Church, 1103 McKinley Ave NW. Can we all bow our heads. The regular meeting of Canton City Council was held on May 13, 2024 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Jill Wood. The invocation was given by Pastor Gregory Reaves, Jesus Speaks Christian Center. The Pledge of Allegiance was led by President Bates Aylward. AGENDA CORRECTIONS AND CHANGES PRESIDENT BATES AYLWARD: We are now under Agenda Corrections and Changes. Leader Mariol. MEMBER MARIOL: Madam President, I move we suspend Rule 22A to add second readings Ordinances #9 through Ordinances# 12 back to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded. Are there any remarks? Hearing none remarks, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 196 MINUTES OF THE MEETING MAY 13, 2024 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinances #9 through 12 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT BATES AYLWARD: We are now under Public Hearings, and we have none for this evening. OLD BUSINESS PRESIDENT BATES AYLWARD: We are now under Old Business, and there is no Old Business for this evening. PUBLIC SPEAKS PRESIDENT BATES AYLWARD: We are now under Public Speaks, and we have 8 speakers this evening. Most of you have been here before, but I will repeat, you have three minutes to speak. And I ask you to be gracious so that everyone does have their opportunity to speak. And when I call your name, you’ll approach the podium and give us your name and residential address, so thank you all. Our first speaker is Mr. Linjun Xu, I don’t know if I’m saying that correctly. And if you’ll approach the podium and say your name and residential address, we’d appreciate that. LINJUN XU: Hi guys...uh can I submit some documents? PRESIDENT BATES AYLWARD: Uh… you can hand them to uh… LINJUN XU: Hi name is is Linjun Xu L-i-n-j-u-n my name is spelled… last name spelled X-u. My residential address is 97 Annadale Ave. Akron, Ohio. Uh… I just have some questions and curiosities. If I work for the City of Canton and I falsify records, what happens? If I work for City of Canton and I am not law enforcement what happens if I mislead with false information? How does other City of Canton employees report my misconduct and does City of Canton take all reports seriously. That’s it. Thank you so much for your time. PRESIDENT BATES AYLWARD: Thank you very much sir. Our next speaker is Barbara Smith. Miss Smith… and if you could give us your name and residential address, please. BARBARA SMITH: Yes my name is Barbara Smith. I live at 912 23rd St NW in Canton, 44709. I don’t know that the Council can help me, however, I have a problem… it’s called lead. As does Canton, as ¾ of the homes in Canton lead in them. Unfortunately I’ve been tagged. I have a rental property that a daughter and granddaughter and her children live in. So I don’t get any rent money from them, I’m not a wealthy landlord. I’m widowed. I’m seventy-seven and I’m on social security. So my issue is there is no place to get any help for lead. I know there’s a lot of money out there, we just need grant writers for Canton to get Lead Safe Canton going again. I guess it’s not happening. Uh… I started calling, I’m mean it’s been kind of a circus because I’ve called the Ohio Department of Health or they notified me. I called John Mariol, Ward 7 Councilman, he referred me to the Community Development Department who he ref… referred me to Metropolitan Housing, who tried to tell me to call Stark Health Department, who told me to contact the Ohio Department of Health, which is where I started. So my concern, is I’ve been going in a circle. I have talked to at least fifty people in the last two weeks. No answers… some departments Stark County and the City never call you back. They take a message, but they don’t call you back. John answered his phone, I got a call, he…he answered my question. My second concern is I like the fact that we’re going to rejuvenate Canton. What’s going to happen if I can’t afford COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 197 MINUTES OF THE MEETING MAY 13, 2024 to take…to take on this challenge of I got to fix windows, doors, painting… blah… blah… blah. And I’m going to have a couple people, family members basically homeless and I’m going to walk away from the property because I’m not going to put a lot of money into it. Therefore I’m going to create another problem in Canton. So I don’t know… I don’t think you can help me, but I just thought I’d bring this forward because ¾ of the properties in Canton have lead. I have rented this place, I should say for twenty-five years with children. Unfortunately it’s my grandson who has Pica and he’s eating the wall. That’s it. PRESIDENT BATES AYLWARD: Thank you very much ma’am. Our next speaker is Ahmed Cheema. Mr. Cheema if you would, of course, approach and give us your name and residential address. AHMED CHEEMA: Ahmed Cheema, 5155 Foxchase Ave NW Canton. Council Members fellow citizens As- salamu alaikum, peace be with you all. I hope in the past two months of speaking at this podium, I’ve been able to clearly communicate. That I, and others here that show up week after week asking from symbolic uh… ceasefire resolution for Gaza, do understand the capabilities the restrictions of this local governing body. And we understand you do not have direct power to implement anything in Washington. That has never been our ask. The City of Rafah in Gaza in Palestine had a population of about 275,000 before the Israel… Israel’s war on Gaza. There are closer to a million people… there. Now why, because they’ve been forced by… safety corridors and… and you know now being asked to evacuate again; to where I have no idea. WCNSF, Wounded Child With No Surviving Family Members. A term that came around now that because what has happened in Gaza and there’s over seventeen thousand of these children that has fallen under this category. There’s ten mass graves in counting that have been discovered after… military forces from Israel have gone through the land. Over two million Palestinians dis… displaced all across. 498 Palestinians killed by Israeli forces and settlers and occupied West Bank… since October 7th. CNN, the news, is out there if you want to see whistleblowers from Israel are reporting… on…on the torture camps and what’s happening to those prisoners there. I understand the Council’s stance and the appoint of neutrality, we appreciate your initiative to draft a letter to the Congressional Representatives as well. This letter does not reflect the ongoing situation in Gaza as genocide. Does not call for an immediate ceasefire, an end to the US funding of this genocide, and of the Gaza blockade, and unrestricted flow of humanitarian aid for the people of Gaza… PRESIDENT BATES AYLWARD: Ten seconds… AHMED CHEEMA: …If this letter had these items… yes it would hold more weight. I have the proposal here, I could please hand in for the Members. *Buzzer* Thank you. PRESIDENT BATES AYLWARD: Thank you. (Applause) Our next speaker is Miss Veronica Early. If you would approach Miss Early and give us your name and residential address please. VERONICA EARLEY: Veronica Earley, E-a-r-l-e-y address is 1627 Rowland Ave NE. My address…uh okay I’m here today… again… and since 2008 when my brother was the first ones the police murdered here. Shooting him twenty-eight times as he was getting out of the shower because they feared he had a weapon. Who knew? Here we are again… and the ironic of it is Frank Tyson… we grew up with him. His brother, Melvin, my brother are best friends. As long as I can remember. We grew up with them, across the street from them, raised up with him and here he is… now he’s another victim… of the police. And as usual nothing happens, nothing happened, nothing ever happens here in Canton, it’s just the way of the norm it seems like. We keep having all these men mur… murdered… murdered by your boys in blue. Just can’t understand it. So I’m here today to ask for… we need to call to police action, we need to end… end qualified immunity, hold police officers accountable. The killing and the wrong doings are getting out of hand and all you do is put them off on… leave… put them on vacation because they’re off but they’re still getting paid. Blows my mind. So they get a COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 198 MINUTES OF THE MEETING MAY 13, 2024 reward, the get a vacation for killing a man. We want George Floyd Justice for Police Action to be passed. To release names of all police officers involved in (inaudible) to this day we still don’t know the names of the police officers that murdered my brother. You guys hid that and you hid it well… but we found out some of the names. The Mayor and the Chief of Police, you should be holding press conferences. We aren’t saying you should say you know…this happened and that happened or whatever, don’t talk about it just let people know… that you do care. We didn’t… a lot of you City Council people up here only two or three of y’all showed up to the vigils that we had… are you kidding me? Are you kidding me, you didn’t even care to come to a vigil… to come and say you know what, my heart goes out to your family. Mayor, where were you? Where were you? PRESIDENT BATES AYLWARD: Miss Earley, we don’t address individual people. VERONICA EARLEY: Okay well, where was the Mayor? Where was the Mayor? Where were the rest of you? All you City Council up here and you say how much you care. Care like yours, please take it back because all this care you’re giving us is killing us. It’s killing us…it’s killing us. Do better because you know better, do better. (Applause) PRESIDENT BATES AYLWARD: Thank you Miss. Earley. Our next speaker is Miss Skylark Bruce. SKYLARK BRUCE: My name is Skylark Bruce. I live at 2216 Bollinger Ave NE. After my remarks at last week’s City Council meeting, I was unable to stay to the end. I’m told by some who stayed that several Council Members addressed my concerns about the unconstitutional pattern of religious invocations by City Council Members. I would like to hear what you had to say. Should any of you be interested in interfaith prayers written by Muslims, I’m told by several in this room that they would be glad to provide them to you. The voice of Frank Tyson reverberates in this room. If you listen closely you can hear, “They’re going to kill me” and “I can’t breathe.” And then silence… forever silence. Unless you would rather hear the voices Officers (inaudible) and Camden Burch. Maybe they should get a lesson in Council decorum because of what they said to Frank was “Shut the ---- up you’re fine.” Is that what you want echoing in these halls the words immortalized and continuing to be paid for by city tax payers… because in this city we’re chastised for saying particular words in certain rooms, but we can be murdered by certain city employees anywhere with no consequences. While Council Members and others in this room, may not have the administrative power to fire Officers Burch and Officer (inaudible) they have the power to voice their desires for them to be fired, and not hired by any other Police Department. Another interesting fact to note, the pole cam at Crenshaw Park was in that location for less than a week. That is a suspiciously short amount of time. My friends who’ve had the pole cam parked in their neighborhoods, tell me that three weeks is most closer to average. Much of our City knows what it’s like to have unacceptable levels of surveillance their entire lives. And yet they still do not want to die, as Frank Tyson did not want to die. The thousands of Palestinian children clinging to life in Rafah do not want to die either. Rafah is one of the only areas of Gaza that has standing buildings. And the IVF invasions threatens each of those thousands of children. The recent public letter that only half of City Council signed on to, is so watered down that it amounts to thoughts and prayers. I don’t know what the other half of you are doing, perhaps autographing missiles aimed at brown infants. All of you can do better. Free… free Palestine, justice for Frank Tyson…Black lives matter. (Applause) PRESIDENT BATES AYLWARD: Thank you, Miss Bruce. Our next speaker is David Kerestes. Mr. Kerestes if you would approach and give us your name and residential address, please. DAVID KERESTES: David Kerestes, 626 Walnut NE. I was here last week and spoke. I was beaten 1978 in the Renkert Building as a minor to cover up uh… drug dealers on the Perry Football team. And the fact that uh… Coach Meredith is selling drugs. I had worked seven days a week it’s amazing they both have parks named after COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 199 MINUTES OF THE MEETING MAY 13, 2024 them. Well tonight I’m going to speak of Jim Rydale, your Canton Officer. Desert Storm Veteran proud military soul and how he daughter black and blue. This was exposed in the court in front of Judge Hoffman but Patty (inaudible) the State Advocate on Fulton Ave., who spoke and said it wasn’t me who beat my daughter it was Jim Rydale, the Canton cop. The response of your court in Judge Hoffman was if you speak like that you’ll never work here again… wow. My lawyer did nothing he was the sub servant… into entitlement and I’ve spoke of those words. And when I think of uh… Mr. Roosevelt and the fact of… uh social ethics going down the toilet when the Morality Act was revealed. Uh… you know…I lived through my father beating me under the Bible of spare the rod, spoil the child. And then we go into the domestic violence, well that fails when it’s a teacher protecting drug dealers on a football team from chartered school… wow. Now I want to sit here and I want to talk about Jethro. The K-9 dog that saved officer at Fishers. Why can’t I get a report on Bear. Lieutenant Swank’s dog when he was Patrolman. And it got hurt when he was in ethical conduct under violations of his badge, his uniform. Harassing me because he’s having sex with my wife. See you people cover all that up… but I sit here and I look at… you know the Department of Justice they talk about Sherman Antitrust Laws. Those are Morality Laws under federal statutes. You can’t conduct business, start businesses, rip off taxes, violate getting permits, just because you sit on a Council. I don’t how Judge Elum and Joey Barberry had Pochinco’s, the Fun Fest Rock City, Bullwinkles, Open Pit that burnt twice and Coppers and there’s no building permits and there’s no fire reports. You’re in violation of ret… of retention of records… under disposition and retention. You violate the Freedom of Information Act. So, quite frankly your just full of (inaudible). I guess that’s what we’re trying to tell you. Thank you. PRESIDENT BATES AYLWARD: Thank you , Mr. Kerestes. (Applause) Our next speaker is Mr. Eric Resnick. If you could approach and give us your name and residential address please. ERIC RESNICK: Thank you. I am Eric Resnick and the residential address is 1828 Grace NE. Madam President, Leader, and Members of Council… first, I want to thank you for changing the rules of Public Speaks last week. I think that was the right thing to do and I commend you for it. Next, I just want to make sure that you’re attention is called to two articles in the Repository today. One is the editorial and one is the… above the fold regarding the financial condition of the Hall Of Fame Village. I’m just saying. Most importantly I want to talk to you about Gaza. And I want to talk to you about your consciences. This is what’s going on in Gaza. It’s called forced starvation. And it’s at the hands of the Zionists State. And while we’re sitting her tonight, the Zionists State is doing what military people call “kettling” in Rafah. And what that is, is it’s pushing huge numbers of population into a small area and then closing off the exits. So you can drop bombs on their heads and you can shell them. And that is what Israel is doing…right now. We got a copy of this letter from March 21st. And I want to commend Member Giavasis, Member Crystal Smith, Member Chris Smith, Member Cooks, Member Sacco, and Member Morris. I want to thank you for being on the right side. And I want to say that this letter, unless I misunderstood last week, this letter actually does not do what is was represented to do. This is basically an interoffice memorandum. And unfortunately, it’s going to get more publicity because we have it now then you all gave it. And I’m disappointed about that because this is your change…your chance to speak to the people on behalf of the people you represent. This is your opportunity to speak to the people in Washington who do have the power to do something about this. President Biden is mentioned in here, but the fact is that President is more concerned with Michigan than he is with Palestine. And that’s a shame. You have the opportunity to tell him that that is not sufficient by calling for a ceasefire in the form of formal resolution… PRESIDENT BATES AYLWARD: Ten seconds… ERIC RESNICK: … that actually will go out to the public as a position of the City of Canton. And I… *buzzer* (Applause) COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 200 MINUTES OF THE MEETING MAY 13, 2024 PRESIDENT BATES AYLWARD: Thank you, Mr. Resnick. Our last speaker is Sierra Mason. And Miss Mason if you would approach and give us your name and residential address please. SIERRA MASON: Sierra Mason 2110 Market Ave N. Canton, Ohio 44710. Uh… I’m here to talk about Frank Tyson. Three… three… four years ago? Three… four… four… geez and that… that just goes to show how many deaths we’ve had. Four years ago, we were frontline protesting for George Floyd and his anniversary is coming up. Just a few weeks ago, Canton City Police murdered in cold blood… Frank Tyson. And here we are again… having to mourn another community death. Having to figure out how a community is going to… and a family is going to continue on because of one of our officers took it upon themselves not only to physically, but also mentally abuse somebody as they’re lynching them in cold blood on camera. Canton, Ohio I’m disappointed. I understand that you guys may not be the officers however yo… your influence… your influence… your words matter. Just as much as ours do. We can only go so far. So as a member of this community I’m asking you every day to speak Frank Tyson’s name at this mee… at the meetings you attend. Bring light to his voice and stop diminishing his character. He was locked up for twenty-four years for a charge he never should’ve served for. Lies… and then instead of looking at an innocent man, we looked at deadline… a deadline. Twenty-five… or twenty-four years mattered more to the City of Canton… then… a… dead… like… a man’s freedom. A deadline… over a deadline? This system breaks people down and that’s why when he got out, he made one more mistake. He mentally wasn’t ok. If your officers were trained in Mental Health First Aid a nationally known training, they would’ve know a lot more of how to deal with him that night. There’s training available. It takes a lot more then training though. It take hiring officers that have compassion and empathy. It takes hiring officers that are from our communities. It takes hiring officers that look like us and grew up with us so they… they know who are families are. And they’re less liking to kill us. Officers started out as slave catchers. Let’s not forget that. Canton, Ohio is continuing that on. I’m disappointed in my city because I want to feel safe here… PRESIDENT BATES AYLWARD: Ten seconds…. SIERRA MASON: … but I can’t even feel safe letting my daughter play outside because of the fear of Canton City Police doing something to me and my family too. *Buzzer* PRESIDENT BATES AYLWARD: Thank you, Miss Mason. INFORMAL RESOLUTIONS PRESIDENT BATES AYLWARD: We are now under Informal Resolutions and we have none for this evening. COMMUNICATIONS PRESIDENT BATES AYLWARD: We are now under Communications. And let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS, WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY, IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED MAY 13, 2024. 1. REQ SALE OF CITY OWNED LAND REUTILIZATION PROPERTY TO MARY L. ARGABRIGHT; EMERGENCY. - ECONOMIC DEVELOPMENT DIRECTOR HARDESTY COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 201 MINUTES OF THE MEETING MAY 13, 2024 2. REQ JSC PROPERTIES, LLC COMMUNITY REINVESTMENT AREA (CRA) & TAX INCREMENT FINANCING (TIF), EMERGENCY. - ECONOMIC DEVELOPMENT DIRECTOR HARDESTY 3. REQ SALE OF CITY OWNED LAND REUTILIZATION PROPERTIES TO HABITAT FOR HUMANITY, EMERGENCY. - ECONOMIC DEVELOPMENT DIRECTOR HARDESTY 4. REQ APPT OF MR. ZACHARY J. MALLOY TO THE SYSTEMS PLANNING BOARD COMMENCING 5/20/24 TO 5/31/26. - SERVICE DIRECTOR JOHN HIGHMAN 5. LTR ADVISING OF PROJECT LABOR AGREEMENT (PLA) WAIVER - CIVIC CENTER AV WORK. - SERVICE DIRECTOR JOHN HIGHMAN ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk, would you please begin with Ordinance #6. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #6 THROUGH #8 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($6,999.16 SUPP APPROP FR UNAPPROP BAL OF 4505 2022 INFRASTRUCTURE BOND FUND TO 4505 202064 SVS CTR UPGRADE & RECON – OTHER; $4,170,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV FUND TO 2190 861101 TOURISM DEV DISTRICT – OTHER $1,230,000.00 TO 2190 861102 PACE FINACING – OTHER $1,940,000.00; $3,300,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 203001 CIVIC CENTER ADMIN – OTHER; $23,914.53 APPROP TRF FR 1001 103024 2024 ARPA AMBULANCE BONUS - PERSONNEL TO 1001 103024 2024 ARPA AMBULANCE BONUS - OTHER Referred to Finance Committee O#7. (1st RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO THE COUNTY AUDITOR UNPAID AND DELINQUENT CHARGES FOR SERVICES PERFORMED BY AND/OR ON BEHALF OF THE CITY OF CANTON BUILDING AND CODE DEPARTMENT FOR BOARD UP/CLEAN UP/DEMOLITION CHARGES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee O#8. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 5252 WATER SERVICE SHOP RENOVATION FUND TO RECEIVE ALL LOAN AND REVENUE PROCEEDS AND TRACK PROJECT EXPENSES IN AN AMOUNT NOT TO EXCEED $2,087,230; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,087,230.00 SUPP APPROP FR UNAPPROP BAL OF 5252 WTR SVS SHOP BLD RENOV FUND TO 5252 207079 WTR SVS SHOP BLD RENOV – OTHER) COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 202 MINUTES OF THE MEETING MAY 13, 2024 Referred to Finance Committee CLERK WOODS: Madam President. PRESIDENT BATES AYLWARD: Thank you. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, would you please begin with Ordinance #9. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #9 THROUGH #12 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE , RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTACT; EXECUTE A PROFESSIONAL SERVICES CONTRACT FOR CONTRUCTION OVERSIGHT SERVICES; AND EXECUTE A COST-SHARE AGREEMENT WITH PERRY TOWNSHIP FOR STREET PAVING; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBILGATIONS FOR RELATED CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.14; AUTHORIZING THE CITY TO RECEIVE GRANT FUNDS IN THE AMOUNT OF $600,000 AND A ZERO PERCENT INTEREST LOAN IN THE AMOUNT OF $900,000 FOR THE PERRY HEIGHTS AREA WATER MAIN REPLACEMENT PHASE 2; AUTHORIZING THE CITY TO RECEIVE ESTIMATED FUNDS IN THE AMOUNT OF $350,000 FOR THIS PROJECT FROM PERRY TWP.; AUTHORIZING THE AUDITOR TO ESTABLISH FUND; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5253 PERRY HTS. WTR. PH. 2 WATER MAIN REPLCMT FUND TO 5253 207085 PERRY HTS. WTR. PH. 2 WTER MAIN REPLCMT – OTHER; $1,310,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207085 PERRY HTS. WTR. PH. 2 WATER MAIN REPLACEMENT – OTHER ($960,000.00), TO 529 207091 PERRY HTS. WTR. PH. 2 WATER MAIN REPLACMENT PAVING – OTHER ($350,000.00) O#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRCTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, A WARD, AND ENTER INTO CONTRACT FOR THE ABANDONMENT OF COLLECTOR WELL #3 AT THE NORTHWEST WATER TREATMENT PLANT AND TO EXECUTE THE RELEASE OF EASEMENTS LOCATED AT 4125 SALWAY AVENUE NW; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISEE APPROVED BY THE BOARD OF CONTROL PURSUANT TO CANTON CODIFIED ORDINANCE 105.12 WITHIN THE ESTABLISHED DOLLAR AMOUNT THRESHOLDS; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 203 MINUTES OF THE MEETING MAY 13, 2024 O#11. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO NEGOTIATE AND ENTER INTO AGREEMENT FOR THE PURCHASE OF STARK COUNTY AUDITOR PARCEL NUMBER 5200863 IN AN AMOUNT NOT TO EXCEED $90,000 AND TO ENTER INTO ANY AGREEMENTS NECESSARY TO FACILITATE SAID PURCHASE; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($90,000 SUPP APPROP FR UNAPPROP BAL OF 4501 CAPITAL PROJECT FUNDS TO 4501 202001 ENGINEERING- ADMINISTRATION – OTHER) O#12. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO RENEW AN EASMENT AND MAKE PAYMENT TO THE U.S ARMY CORPS OF ENGINEERS FOR A 50- YEAR RENEWAL TERM, BACK-DATED TO JANUARY 25, 2024; AND DECLARING THE SAME TO BE AN EMERGENCY CLERK WOOD: Madam President. PRESIDENT BATES AYLWARD: Thank you, Madam Clerk. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their Third, Final Reading and vote. Madam Clerk, would you please begin with Ordinance #13. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ THE FOLLOWING ORDINANCES #13 THOUGH #20 FOR THIER THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#13. (3RD RDG) ADOPTED AS ORDINANCE NO. 98/2024 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 2358 C&DD PROGRAM FUND; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN TO EMERGENCY ($1,000.00 SUPP APPROP FR UNAPPROP BAL OF 7601 ADVANCE OUT TO OTHER FUND TO 2358 C&DD PROGRAM FUND – ADVANCE IN FROM OTHER FUND) PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #13. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #13 ADOPTED AS ORDINANCE NO. 98/2024 COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 204 MINUTES OF THE MEETING MAY 13, 2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #13 has been adopted. Ordinance #14, please. O#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 99/2024 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 2357 RV PARKS/CAMPGROUND PROGRAM FUND; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #14. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 2 ABSTAIN (MEMBERS FISHER AND MORRIS ABSTAINED) CLERK WOOD: Ten yeas, two abstention, Madam President. #14 ADOPTED AS ORDINANCE NO. 99/2024 PRESIDENT BATES AYLWARD: Thank you, Madam Clerk. The motion does carries and Ordinance #14 is adopted. Ordinance #15, please. O#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 100/2024 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($500,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 200501 GENERAL GOV’T SUPPORT ADMIN - OTHER) PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #15. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #15 ADOPTED AS ORDINANCE NO. 100/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #15 is adopted. Ordinance #16, please. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 205 MINUTES OF THE MEETING MAY 13, 2024 O#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 101/2024 AN ORDINANCE AMENDING ORDINANCE NO. 40/2000, AS AMENDED, TO ESTABLISH THE ATTACHED EXHIBIT THE CLASSIFICATION PLAN FOR THE SAFETY DIRECTOR’S TRAFFIC ENGINEERING, SIGN, & PAINT DIVISION BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #16. Are there any remarks? ...Hearing none, roll call vote please, Madam Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #16 ADOPTED AS ORDINANCE NO. 101/2024 PRESIDENT BATES AYLWARD: The motion carries and Ordinance #16 is adopted. Ordinance #17, please. O#17. (3RD RDG) ADOPTED AS ORDINANCE NO. 102/2024 AN ORDINANCE APPROVING THE CITY OF CANTON 2024-2028 CONSOLIDATED ACTION PLAN; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO FILE WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SAID PLAN; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #17. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #17 ADOPTED AS ORDINANCE NO. 102/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #17 is adopted. Ordinance #18, please. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 206 MINUTES OF THE MEETING MAY 13, 2024 O#18. (3RD RDG) ADOPTED AS ORDINANCE NO. 103/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR THE PURCHASE OF ONE (1) TRACK MOUNTED DOZER; OR TO ALTERNATIVELY PURCHASE SAID PURCHASE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #18. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #18 ADOPTED AS ORDINANCE NO. 103/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #18 is adopted. Ordinance #19 please, Madam Clerk. O#19. (3RD RDG) ADOPTED AS ORDINANCE NO. 104/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CHANGE ORDER #2 WITH AECOM TECHNICAL SERVICES INC. IN AN AMOUNT NOT TO EXCEED $50,314.66 FOR THE 11TH ST. SE INTERSECTION AND ROADWAY IMPROVEMENT PROJECT. GP 1144; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR THESE CONTRACTS NEEDED TO CONSTRUCT THIS PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #19. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #19 ADOPTED AS ORDINANCE NO. 104/2024 COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 207 MINUTES OF THE MEETING MAY 13, 2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #19 is adopted. Ordinance #20, please. O#20. (3RD RDG) ADOPTED AS ORDINANCE NO. 105/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE OR DESIGNEE TO FILE WITH HUD A 2024 ANNUAL ACTION PLAN FOR THE 2024 COMMUNITY DEVELOPMENT BLOCK GRANT, 2024 HOME INVESTMENT PARTNERSHIP, AND 2024 EMERGENCY SOLUTIONS GRANT PROGRAMS; RATIFYING SUBMISSION AND FILING OF SAID PLAN; AUTHORIZING THE MAYOR TO EXECUTE GRANT AGREEMENTS WITH HUD AND TO ACCEPT FUNDING FOR THE THREE PROGRAMS; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS AWARD, AND ENTER INTO ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT, EMERGENCY SOLUTIONS GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAMS FUNDS; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS TO IMPLEMENT THE 2024 ACTION PLAN UTILIZING ANY PROCESS AUTHORIZED BY THE OHIO REVISED CODE OR CANTON CODIFIED ORDINANCES; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,772,815.00 SUPP APPROP FR UNAPPROP BAL OF 2211 COMMUNITY DEV FUND TO 2211 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER; $1,148,167.47 SUPP APPROP FR UNAPPROP BAL OF 2214 HOME FUND TO 2214 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER; $225,340.00 SUPP APPROP FR UNAPPROP BAL OF 2219 EMERGENCY SHELTER FUND TO 2219 506001 COMMUNITY DEVELOPMENT ADMIN – OTHER) PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #20. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #20. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. #20 ADOPTED AS ORDINANCE NO. 105/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #20 has been adopted. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 208 MINUTES OF THE MEETING MAY 13, 2024 ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT BATES AYLWARD: We are under the Announcement of Committee Meetings. Our next meeting date is May 20th, 2024 and Committee Meetings will start at 6:30 PM, that evening. A presentation will be given by Community Building Partnership. Uh… Finance Committee. MEMBER GIAVASIS: Madam President, Finance will meet at 6:30 PM, May 20th. MISCELLANEOUS BUSINESS PRESIDENT BATES AYLWARD: We are now under Miscellaneous Business. Do any Members have any Miscellaneous Business to bring before the body. Oh is Personnel? Personnel as well, I’m sorry, I forgot. MEMBER BRENDA KIMBROUGH: Personnel will meet the same time, same place. PRESIDENT BATES AYLWARD: Alright, now I was getting ahead of myself. Alright anybody have any Miscellaneous Business they would like to bring before the body? Hearing none, Leader Mariol. MEMBER MARIOL: Madam President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded we adjourn. Roll call vote please, Madam Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you, this meeting is adjourned. (Gavel falls) ADJOURNMENT TIME: 7:42 PM ATTEST: APPROVED: JILL M. WOOD KRISTEN BATES AYLWARD CLERK OF COUNCIL PRESIDENT