City Council

COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 313 MINUTES OF THE MEETING AUGUST 12, 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 we would appreciate it. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call vote please, Madam Clerk. ROLL CALL TAKEN BY CLERK WOOD: 10 COUNCIL MEMBERS PRESENT: (JOHN MARIOL, JAMES BABCOCK, LOUIS GIAVASIS, CRYSTAL SMITH, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, JONATHAN COOKS, RICHARD SACCO & FRANK MORRIS) TEN COUNCIL MEMBERS PRESENT (MEMBERS HAWK AND FISHER ABSENT) CLERK WOOD: Ten present, two absent, Madam President. EXCUSING MEMBERS PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Mr. President, I move we excuse Members Hawk and Fisher from this evening’s meeting. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded. Are there any remarks?... Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam. President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Members Fisher and Hawk are excused from this evenings meeting. Tonight’s invocation will be given by Council Member-at-Large, Louis Giavasis. Would you please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on August 12, 2024 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Jill M. Wood. The invocation was given by Council Member-at-Large, Louis Giavasis. The Pledge of Allegiance was led by President Bates Aylward. AGENDA CORRECTIONS AND CHANGES PRESIDENT BATES AYLWARD: Thank you, Member Giavasis. We are now under Agenda Corrections and Changes. Leader Mariol. MEMBER MARIOL: Madam President I move to suspend Rule 22A to add second reading Ordinances #23 through #28 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: Thank you. It’s been moved and seconded. Uh … Are any remarks? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 314 MINUTES OF THE MEETING AUGUST 12, 2024 NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinances #23 through #28 are now a legal part of your agenda. PUBLIC HEARINGS PRESIDENT BATES AYLWARD: We are now under Public Hearings, and we have none this evening. OLD BUSINESS PRESIDENT BATES AYLWARD: We are now under Old Business, and we have no Old Business for this evening. PUBLIC SPEAKS PRESIDENT BATES AYLWARD: We are now under Public Speaks, and we have 7 speakers this evening. Many of you have been with us before but just to go over it again, when I call your name please approach the podium, you can keep track of your three minutes time on the screen and give us your name and residential address for the record so, thank you. Number one, Ms. Kimberly Bell. Ms. Bell KIM BELL: Kim Bell, 1733 Morris Ave. Okay, we got the autopsy and it’s been ruled a homicide. (inaudible, system shut off) A human being with malice intentions. So, we have a have murder, it’s a homicide so I don’t know th … that prosecutor over there but I see her at … from time to time again. I don’t know if she cares for me or not but it doesn’t matter, but I need you, you, you, you and you to get up in front of the media now, its been determined it’s a homicide. It’s not Andrea Perry’s problem if the police department did something else over the weekend on 19th and Harvard, they … he was a drunk driver, just like Frank and hit a parked car. He was probably having a mental meltdown, and they slammed him on the ground. I tried to send it but every time I tried to send a picture, it took it. It was on 19th and Harvard they slammed … I … I gave the picture to uh … Skylark here but this police department they … they’re … If they don’t follow the law, why should we? They’re not following their uh … training they could of deescalated that and … and if the man was drunk and having a mental meltdown. PRESIDENT BATES AYLWARD: Alright thank you very much … KIM BELL: But that’s the definition of homicide. It’s a murder done by another human being. PRESIDENT BATES AYLWARD: Your times up. KIM BELL: Yeah and you would know because you was the Law Director. PRESIDENT BATES AYLWARD: Yeah. KIM BELL: I had other plans to do but … that just threw me off today. Seeing that it was a homicide. PRESIDENT BATES AYLWARD: Alright, our second speaker … and I know I’m not going to say this right, Janos Jalics. JANOS JALICS: (inaudible from the audience) COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 315 MINUTES OF THE MEETING AUGUST 12, 2024 PRESIDENT BATES AYLWARD: I’m … I’m trying so, anyways if you would please approach and give us your name and residential address. Thank you. JANOS JALICS: Evening Council, my name is Janos Jalics and I live at Cleveland Ave SW, 609. I was informed two weeks ago that you genocidal maniacs voted no on a Ceasefire Resolution. Needless to say that makes you awful people and you should all be ashamed of yourselves. Now shaming you all for your sadistic decision is not my soul objective, if fact my primary purpose is to inform anyone looking for the humanity of B'Tselem report, Welcome to Hell which was published last week. B'Tselem is a well-known human rights group based in Israel and their reported documents with experiences of fifty- five Palestinians held in Israeli prison camps. Several of whom have Israeli citizenship. One of these camps includes SD (inaudible) time in the Gav Dessert where a Palestinian inmate was brutally gang raped by the IOF behind the cover of riot shields. Keep in mind that in Israel there are riots defending Israel’s right to rape Palestinians and that their Parliament is defending this right to rape. Worst an IOF solider, identified as Ben Sigrid, defended Israel’s right to rape on live television in a black ski mask. The name “Welcome to Hell” comes from a quote from a IOF solider describing a camp in Megiddo, I’d like to read through an excerpt from the testimony of A.H, an inmate from (inaudible). “ On Sunday the fifth of November 2023 they took us out to outer court yard between the wings. They put some of the prisoners in the shower room between … and closed the doors and beat them in there for about two minutes. When it was my turn they took me through the mess hall, but this time in wing six there were a few guards I knew there, they went masked. One of them told me “ Remember my face so you won’t forget me” they held me and then beat me. One kicked me hard in the chest, I was pushed back and crashed into one of the others who started screaming and cursing. He grabbed a mirror with a thick wooden frame and tried to hit me in the head with it, but the others stopped him. They forcibly undress me, took off my pants and underwear and tied my shirt over my head like a mask then they hit, they hit my testicles with force. After that the guards picked me up and sat me on the mental frame of a sink, they brought two other prisoners and pulled them to watch while they beat me. I was still naked and I saw them through the thin shirt that was covering my head. The guards pulled their hair to lift their heads and forced them to look their … open their eyes to watch me. I took several punches in the waist area until blood came out of my mouth, one of them came up to me spat in my face took me down from the frame and lifted my pants a little. From there they lead me to cell five in wing six with my head bent and my hands tied. There were two female guards standing at the door of the cell and I passed between them naked, meaning with my pants not covering my genitals.” You still have the chance to vote for a Ceasefire and this would restore some residents faith in you but I do not think that I will have my faith restored in you as a person from this city. Otherwise you should expect to wear the mark of the beast for all eternity. Free Palestine and justice for Frank Tyson, remember that it was a lynching not a bar fight. PRESIDENT BATES AYLWARD: Thank you sir. Our next speaker is Mr. David Kerestes. Mr. Kerestes, there you are. Your name and residential address sir, thank you. DAVID KERESTES: Good evening, David Kerestes, 626 Walnut Ave NE. Um … Canton, Ohio 44702. I guess I’m here tonight and this is a picture of a man standing around, I don’t know if he’s smoking crack or meth or what he’s doing, but definitely a felony drug. I have multiple pictures of this going at the Refuge of Hope um … as I bring this to their attention you know I’m accused of things that I don’t do of course and I asked them “Why don’t you call the cops on these people?” They said they don’t want publicity. So, for me, well I’m watching maybe half or better than of them people on probation drinking every day, smoking bubble pipes and the people that work there acting like they don’t see it on the camera, that brought me to the idea of how they are collecting money through the state under fraud. Now you’re not allowed to be there drunk, high, doing felony drugs and these people are out in the daytime doing this and they come in at night and walk right by them. There’s no test whatsoever um … and so now they get state funded money for incompetents. That reminded me of Mr. Gianelli and the Huntington Fund, the incompetents there. So there’s two incidents of uh COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 316 MINUTES OF THE MEETING AUGUST 12, 2024 … federal funds or grant money’s being granted to people illegally under unlawful criteria. And you call that a small infraction, Mr. Babcock? I call that a crime not a small infraction. So, you know as I go and get robbed at McDonald’s and all I ask is under retention and deposition of records under 121 is to have a copy of the video of who robbed me. I recall being in line, I recall putting my wallet down, I recall it’s disappearance, I recall the cop asking me why I put my wallet on the counter and my responds was, “ Why do they have the right to steal my stuff if I laid it there?” Then he went back in and he came back out then he said the camera was blurry. I didn’t let that up. I’ve been in the prosecutor’s office on multiple things asking for multiple stuff. They told me I have to go there under a public records request not I.A, not the records department, but them. Then I’m threatened for showing up there. So I’m here tonight to tell you that I called Washington, D.C told them about Matt Schuring selling drugs out of the barber shop, about all this crap here going on with Veterans and uh … I got an investigator out of the Department of Justice that’s going to look into every (inaudible) evicted me under a Covid CDD violation. Hundred thousand dollar fine for Schuring and his family the Senator and uh … I guess when you’re a ministry collecting state funds instead of Christians, there you have felons. Instead of donations you got state funding and you got Pagans where Christians use to be. PRESIDENT BATES AYLWARD: Thank you Mr. Kerestes. Our next speaker is Mr. Eric Resnick if you’ll approach and give us your name and residential address please. ERIC RESNICK: Eric Resnick, 1828 Grace Ave Ne. Madam President, Leader, and Members. As most of you know, Public Records have been informative as to what happened with the Gaza Ceasefire Resolution and the picture painted is not one that put our beloved city in a positive light. To be sure, there are a couple of heroes and I single out Member Sacco tonight. Member Sacco was leaded on and leaded on hard, and he never wavered in his principal position or his vote. We also know who couldn’t stand the pressure; who said they were voting yes then changed their mind when it came to do it. And Leader Mariol, you worked hard to shut this Resolution down. You had outside help. Let’s take a look at who the documents say was influential in this. So, lets first talk about Citizens United for Israel, CUFI , which flooded you with these letters filled with hatred and lies CUFI and its founder, Pastor John Haggy, are deeply imbedded in the Christian Identity Movement, which the Southern Poverty Law Center describes as “ An anti-Semitic racist theology that rose to a position of commanding influence on the racist right in the 1980s.” I congratulate you on your Chief of Council or your choice of Council. And let’s not forget to mention my friends at Temple Israel and the Jewish Federation. As I’ve told you before those Zionists do not speak for all Jews, including me. They’re an embarrassment to many of us. The progeny of Holocaust survivors are conducting a Genocide of their own, livestreamed for the whole world to see and the Leader of this City Council thinks they’re good source of information. Every week, including today, Federations sends out an email declaring their support for Israel no matter what. There’s no limit, no limit to the crimes against humanity Israel commits before that support is questioned. This weekend Israel dropped so many explosives on Al-Tabin school that there were no bodies left, only pieces. All that can be done to count the bodies is separate the parts into seventy kilogram bags. Seventy kilograms equals one body. There were more than a hundred sheltering at Al-Tabin, mostly children. Do you hear the Zionists at 30th and Harvard condemning such excesses? How about even expressing concern? They blindly support Israel and have no problems supporting this Genocide. So again I commend you on your choice of Council. And finally, let’s be clear about this, Gen Z was watching you. Gen Z the generation that grew up with social justice. And when Gen Z wants to come back and they want to figure out where they want to live and which community has their values, they saw your vote last week. Your victory or what you think was your victory, was pyrrhic and you will see. Free Palestine and justice for Frank Tyson. PRESIDENT BATES AYLWARD: Thank you, Mr. Resnick. Our next speaker is Mr. Ahmed Cheema. Mr. Cheema please give us your name and residential address for the record. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 317 MINUTES OF THE MEETING AUGUST 12, 2024 AHMED CHEEMA: Council Members, citizens of Canton, As-salamu alaykum, peace be with you. Every time that I step up to this podium I have to think to myself do I … I mean how many times can I … CLERK WOOD: We need your name and address, please. PRESIDENT BATES AYLWARD: We do have to make it for the record. AHMED CHEEMA: You … You think I would know that by now but okay. (laughter) Ahmed Cheema, 5155 Foxchase Ave Nw. PRESIDENT BATES AYLWARD: Thank you. AHMED CHEEMA: Council Members, citizens of Canton, As-salamu alaykum, peace be with you. Like I said earlier um … I mean I can stand here like a news channel I think I’ve clocked over … over and hour at least uh … since February, if not more, but I’m not going to do that today uh … because if you’re not capable of doing that and finding things on your own than who am I to tell you. And please uh … there’s really no need for you to provide any statements on why you voted against a symbolic Resolution asking to end a Genocide uh … no need. Luckily the Ohio Public Records Act still exist. Any time Public Officials, like yourself, communicate regarding a city business weather it’s done on a private or city issued device, that communication is the publics property. We continue to learn a lot from this communicate. A Majority Leader that actually reports to a former City Council Member and his interest, a Council Member that is living in an alternate reality. Some Members that lost their conscious a while ago, at the same time there are Council Members that showed integrity. Showing that their words and actions were and always have been in alignment. If anyone identifies as a fish out of water and flips flops, then who am I to judge them? I don’t want to spoil all … all the fun in one speech so I’ll spare you the details here. Walking in, I … I … I saw you know the banner for Hall of Fame uh … Enshrinement festival activities that took place um … and I think that a … a no vote on a symbolic Ceasefire Resolution ending Genocide, returning prisoners, hostages really deserves its own Hall of Shame festival that should also happen um … and … and we know exactly who congratulated you on your you know stellar performance um … the word is definitely getting out and I can tell you the youth in the community are ashamed for what you did. You know at the end of the day, we’re all accountable, responsible for our actions. You believe in the afterlife, you don’t believe in God, etcetera, doesn’t matter it all comes around. Thank you. PRESIDENT BATES AYLWARD: Thank you, Mr. Cheema. Our next speaker is Ms. Skylark Bruce. If you could give us your name and residential address for the record. Thank you. SKYLARK BRUCE: My name is Skylark Bruce and I live at 2216 Bollinger Ave NE. After four months, we have a preliminary autopsy report on the murder of Frank Tyson at the hands and knees of the Canton Police Department. For those who are not familiar, the report finds that homicide is the main reason Mr. Tyson died. While there were contributing factors, had Officers Beau Schoenegge and Camden Birch not restrained him in the manor they did, Mr. Tyson would very likely be alive today. The thing is, had the Officers slowed down for a moment to think, they could very reasonably had had an idea based on their training of those holds and contributing factors. They would have been aware that certain restraints are more lethal to people with larger bodies, people with certain medical conditions and people who are intoxicated. They could have checked on Mr. Tyson much sooner than five and a half minutes of silence and administered aid much sooner than another four minutes later. If their intent was somehow not to kill him, then they could have chosen different actions at many points. But all of that is compounded by the fact that Mr. Tyson never posed any threat to the officers. He never verbally threatened them, never ran towards them, never tried to hurt them. His actions only speak to his desire to stay alive, to protect him from harm. He was just … he was just a tall black man with a loud voice, and COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 318 MINUTES OF THE MEETING AUGUST 12, 2024 that was all the officers needed to decided to physically get on top of him and steal his last breath. Frank Tyson should be alive today, forty thousand Palestinian’s should be alive today and Canton, Ohio should have an Informal Resolution supporting a Ceasefire in Gaza. For all of the talk of creating a compassionate space for discourse there is nothing that lives up to that in the response from the majority of Council. Most of our elected officials here do a great impersonation of lifeless, soulless mannequins. There is precious little that makes us think you are listening, let alone taking any action. What exactly were you thinking would demonstrate your compassionate stance, what would show your immense kindness? Starting the clock after we say our names and addresses. City employees are murdering citizens with no consequences and we might feel grateful for ten more seconds. As the pattern of racist police brutality continues around this Country and this Country continues paying for and arming genocide. Justice for Frank Tyson and free Palestine. PRESIDENT BATES AYLWARD: Thank you Ms. Bruce. Our final speaker tonight is Ms. Carol Sears. Ms. Sears … and if you could give your name and residential address please. CAROL SEARS: Does this thing come out? PRESIDENT BATES AYLWARD: Yeah it does, there you go. CAROL SEARS: Hello, my name is Carol Sears and I live at 1541 Clark Ave SW. COUNCIL MEMBER: Is it on? PRESIDENT BATES AYLWARD: Is it on? I don’t think it’s on. CAROL SEARS: The green light is on. AUDIENCE MEMBER: Hold it a little closer to our face. CAROL SEARS: What?! PRESIDENT BATES AYLWARD: Little closer to your mouth thank you. CAROL SEARS: I can be loud without it (laughter) Anyways, my name is Carol Sears and I live at 1541 Clark Ave SW. I was home the day that those two people where found in the ally and behind the apartment house on 15th street SW, and the three idiots that did it got away for two days. Okay, I’m going to take something out of my purse that I found on the street and I thank God that some little kid didn’t find them okay. Here is the um … four casings from the tear gas … PRESIDENT BATES AYLWARD: Oh. CAROL SEARS: That they shot into the house. PRESIDENT BATES AYLWARD: Okay. CAROL SEARS: And if I find one more of them, I don’t know what I’m going to do because I’ve lived there for twenty-five years and I was celebrating my twenty-fifth anniversary of buying that house. They ruined my whole month, okay. Not just the criminals, the police too because they … you know it don’t matter if you’re an animal, you’re an animal it don’t matter what um … nationality you are, what work you do, or whatever there COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 319 MINUTES OF THE MEETING AUGUST 12, 2024 are problem people in every factor of life, but it’s getting ridiculous. Another friend of mine was killed by a black women I was told, that was smoking crack with him and she murdered him in his own home. And that wasn’t long ago and that happened right by uh … on your way to Canton South on Cleveland Avenue. I forget how long ago that happened. I didn’t even know he was dead and I grew up with that guy. I’m just fed up with everything and I felt it was time that I say something about it to all of y’all because some of you know me and a lot of you don’t. And I don’t care if I know any of you. It’s how I feel and so do a lot of other people in my neighborhood but they don’t have the nerve to come here sand stand up and say it. And the bottom line is this, I’m no angel I’ve been to prison, I’ve been beat, I’ve been … whatever. Lost a good long term job because they put it in the ground or whatever and I’m just fed up, I’m going to be sixty-five this year and I will leave by the time I’m sixty-seven. And I might come back to visit every once in a while but that will be about it because it’s absolutely ridiculous what’s going on, on our streets. And that’s all I got to say, I only needed two minutes. PRESIDENT BATES AYLWARD: Thank you Ms. Sears. CAROL SEARS: You want these? PRESIDENT BATES AYLWARD: Um … why don’t you give them to the police officer in the back. CLERK WOOD: To the officer in the back. PRESIDENT BATES AYLWARD: Yes, Thank you very much. Okay, thank you to our speakers. INFORMAL RESOLUTIONS (President Bates Aylward mistakenly forgot to mention the Informal Resolution portion of the meeting) 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 AUGUST 12, 2024. 1. REQ TO VACATE A PORTION OF MUNLEY PL NE (LOTS 23461, 23462, 23463, 23489-23490, 23491-23492) - APPLICANT SHARON MCGRATH 2. REQ FOR ADDT'L AMENDED CERTIFICATE DATED 8/6/24. - AUDITOR MALLONN 3. STATEMENT OF CASH POSITION DATED 7/31/24 - AUDITOR MALLONN 4. REQ TO AMEND O#61/2024; EMERGENCY (CANTON CITY FIRE DEPT AND DMV) (VARIOUS APPROPS AND INTER-FUND TRFS) - FINANCE DIRECTOR CROUSE 5. REQ TO AMEND O#61/2024; EMERGENCY (GUARDRAIL/ATTENUATOR FUND #2415) (VARIOUS APPROPS AND INTER-FUND TRFS) - FINANCE DIRECTOR CROUSE 6. AUTH APPT OF MR. DOUG MULLALY TO CANTON BOARD OF BUILDING APPEALS COMMENCING 8/26/24 TO 12/31/26 - MAYOR SHERER COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 320 MINUTES OF THE MEETING AUGUST 12, 2024 7. REQ TO AMEND O#9/2024, EXHIBIT A. (FIREFIGHTERS GADETS) - SAFETY DIRECTOR PERRY 8. REQ TO SWITCH TO NEW SOFTWARE PROVIDER, IWORQ; EMERGENCY. - SAFETY DIRECTOR PERRY 9. REQ 15TH ST SE AND ALLEN AVE SE RAILROAD CROSSING PROJECT, GP 1390/ 10TH ST NE RAILROAD CROSSING, GP 1387/ 8TH ST NE RAILROAD CROSSING; EMERGENCY - SERVICE DIRECTOR HIGHMAN 10. REQ 30TH ST NE WATER MAIN REPLACEMENT PROJ; EMERGENCY (SUPP APPROP FR 5021 WATER OPERATING FUND TO 5201 207093 30TH ST NE WATER REPLACEMENT PROJ. - OTHER) - SERVICE DIRECTOR HIGHMAN 11. RPTS OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS AS OF 7/31/24 - TREASURER PEREZ 12. RPT OF PARKING METER REVENUE FOR 7/31/24 - TREASURER PEREZ 13. COMPARATIVE RPT OF CASH RECEIPTS AS OF 7/31/24 - TREASURER PEREZ 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 #14. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #14 THROUGH #22 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#14. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: PURCHASE RESIDENTIAL PROPERTIES THAT ARE AUCTIONED OR SOLD PRIVATELY IN ORDER TO DEMOLISH ANY STRUCTURES PRESENT, TO ENTER INTO ALL CONTRACTS NECESSARY TO ACQUIRE THE PROPERTIES OR DEMOLISH THE STRUCTURES LOCATED AT THE PROPERTIES AND ENTER INTO ALL CONTRACTS NECESSARY TO FACILITATE THE FOREGOING; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR THE PURCHASE OF PROPERTIES MADE PURSUANT TO THIS ORDINANCE; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY. ($150,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN IMP. FUND TO 2175 200501 GENERAL GOVERNMENT - OTHER) Referred to Community & Economic Development and Finance Committees O#15. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH NUTTER CONSULTING, LLC IN AN AMOUNT NOT TO EXCEED $132,530 FOR THE DEVELOPMENT OF A CLIMATE ACTION AND SUSTAINABILITY PLAN; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 321 MINUTES OF THE MEETING AUGUST 12, 2024 THE SAME TO BE AN EMERGENCY. ($132,530.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN IMP. FUND TO 2175 200501 GENERAL GOVERNMENT - OTHER) Referred to Finance Committee O#16. (1ST RDG) AN ORDINANCE AMENDING CHAPTER 105, CONTRACTS OF PART ONE ADMINISTRATIVE CODE Referred to Judiciary Committee O#17. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $80,000 IN FUNDS FROM THE OFFICE OF CRIMINAL JUSTICE SERVICES, STATE OF OHIO VIOLENT CRIME REDUCTION GRANT AND TO ENTER INTO CONTRACT FOR THE PURCHASE OF TWO ADDITIONAL SURVEILLANCE TRAILERS IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY. ($80,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102006 OHIO VIOLENT CRIME REDUCTION GRANT - OTHER) Referred to Finance Committee O#18. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT AMENDMENT NO. 1 IN AN AMOUNT NOT TO EXCEED $110,429.45 WITH MICHAEL BAKER INTERNATIONAL, INC. FOR CONSTRUCTION ENGINEERING OF THE 9TH ST. SW BRIDGE RECONSTRUCTION PROJECT, G.P. 1298, PID 112849; RETROACTIVELY AUTHORIZES ALL ACTIONS TAKEN TO COMPLETE THIS PROJECT PRIOR TO THE COMPLETION OF THE ABOVE CONTRACT MODIFICATION DIRECTING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS RELATED TO THE SAME; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee O#19. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A PROFESSIONAL SERVICES CONTRACT WITH BURGESS & NIPLE, INC. AND TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE 1-77 SANITARY SEWER REHAB, GP 1455 PROJECT; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO ALL CONTRACTS NECESSARY TO FACILITATE THE PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY ($49,860.00 SUPP APPROP FR UNAPPROP BAL OF 5410 COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 322 MINUTES OF THE MEETING AUGUST 12, 2024 SEWER OPERATING FUND TO 5410 202061 I-77 SANITARY SEWER REHAB GP 1455 - OTHER) Referred to Environmental & Public Utilities and Finance Committees O#20. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONSTRUCTION CONTRACT FOR THE NORTHEAST WATER TREATMENT PLANT DRIVEWAY REALIGNMENT PROJECT; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP TO NE WTP DRIVEWAY REALIGNMENT PROJECT – OTHER; APPROP TRF TO NE WTP DRIVEWAY REALIGNMENT – OTHER) Referred to Environmental & Public Utilities and Finance Committees O#21. (1ST RDG) AN ORDINANCE AMENDING ORDINANCE NO. 40/2000, AS AMENDED, TO ESTABISH THE ATTACHED EXHIBIT AS THE CLASSIFICATION PLAN FOR THE SAFETY DIRECTOR'S POLICE AND FIRE DEPARTMENTS' BARGAINING UNIT PERSONNEL EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY. Referred to Personnel Committee O#22. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO CONTRACT WITH AXON ENTERPRISES, INC. FOR THE SUPPLY OF TASERS UTILIZING ANY PROCUREMENT PROCESS ALLOWED BY EITHER THE OHIO REVISED CODE OR THE CANTON CODIFIED ORDNANCES; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee CLERK WOODS: Madam President. PRESIDENT BATES AYLWARD: Thank you. At this time the Chair would declare an in-house recess for the Personnel and Finance Committees to meet in regard to Ordinances #21 and #22 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:32 PM FOR THE PERSONNEL AND FINANCE COMMITTEES TO MEET IN REGARDS TO O#21 and O#22; RECONVENED AT 7:40 PM) PRESIDENT BATES AYLWARD: We good? Okay. Council is reconvening after the recess, Leader. MEMBER MARIOL: Madam President, I move we suspend Rule 22A to place Ordinances #21 and #22 back on this evening’s agenda. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 323 MINUTES OF THE MEETING AUGUST 12, 2024 PRESIDENT BATES AYLWARD: It’s been moved and seconded to suspend Rule 22A to place Ordinances #21 and #22 back on this evening’s agenda. Are there any remarks? …Hearing no futher remarks, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinances 21 and 22 are a legal part of your agenda. Leader. MEMBER MARIOL: Madam President… I move we suspend Statutory Rules on Ordinances 21 and 22. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to suspend the Statutory Rules on Ordinances 21 and 22. Are there any remarks? …Hearing none, roll call vote, please Madam Clerk. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. You’ve heard the three readings. Leader. MEMBER MARIOL: Madam President, I move we adopt Ordinance #21. MEMBER GIAVASIS: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded that you adopt Ordinance #21. Are there any further remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #21 ADOPTED AS ORDINANCE NO. 148/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #21 has been adopted. Leader. MEMBER MARIOL: Madam President, I move we adopt Ordinance #22. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded that you adopt …. adopt Ordinance #22. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 324 MINUTES OF THE MEETING AUGUST 12, 2024 #22 ADOPTED AS ORDINANCE NO. 149/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #22 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT BATES AYLWARD: (clears throat) Excuse me. We are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, would you please begin with Ordinance #23. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #23 THROUGH #28 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#23. (2ND RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE CANTON SERVICE CENTER – 30TH ST. NE – 2024 ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY O#24. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; DECLARING THE SAME TO BE AN EMERGENCY ($22,318.86 SUPP APPROP FR UNAPPROP BAL OF 2792 701001 RECOVERY COURT ATP FUND - OTHER TO 2792 701001611.20 SALARY/WAGES – PERSONNEL, 2792 701001 621.51 OPERS – PERSONNEL, 2792 701001 621.63 WORKERS’ COMP – PERSONNEL. 2792 701001 621.65 MEDICARE – PERSONNEL, 2792 701001 COMP ABSENCE - PERSONNEL) O#25. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DELCARING THE SAME TO BE AN EMERGENCY ($7,391.64 SUPP APPROP FR UNAPPROP BAL OF 2792 RECOVERY COURT ATP FUND TO 2792 701001 RECOVERY COURT ATP – OTHER) O#26. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO SIGN A PETITION FOR ANNEXATION FOR PARCEL NOS. 5200863 AND 10010986; AND DECLARING THE SAME TO BE AN EMERGENCY O#27. (2ND RDG) AN ORDINANCE AUTHORIZING MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE A CONTRACT FOR THE PROCUREMENT OF ELECTRICAL EQUIPMENT NEEDED FOR THE WRF ELECTRICAL EQUIPMENT REPLACEMENT PROJECT; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP FR UNAPPROP BAL OF 5413 SEWER REPLACEMENT FUND TO 5413 206053 WRF ELECTRICAL IMPROVEMENTS PROJECT – OTHER) COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 325 MINUTES OF THE MEETING AUGUST 12, 2024 O#28. (2ND RDG)AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO AGREEMENT FOR AND ACCEPT $4,000 IN GRANT FUNDS FOR WALMART’S 2024 SPARK GOOD LOCAL GRANTS FOR THE CANTON POLICE DEPARTMENT; AMENDING APPROPRIATION ORDINANCE NO. 61/2024 AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP FR UNAPPROP BAL 1001 GENERAL OPERATING FUND TO 1001 102001 POLICE ADMIN - OTHER) CLERK WOOD: Madam President. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT BATES AYLWARD: Thank you, Madam Clerk. We are now under Ordinances and Formal Resolutions for their Third Final Reading and Vote. Leader Mariol. MEMBER MARIOL: Madam President, I move we reconsider Ordinance #29. MEMBER BABCOCK: Second. MEMBER MARIOL: Or I’m sorry … Let me just … Ordinance 139/2024. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: Which is #29 on our Agenda. MEMBER MARIOL: Yes, #29. PRESIDENT BATES AYLWARD: Thank you. It’s … It’s been moved and seconded to reconsider Ordinance #139/2024 which is 19 … uh … 29 on your Agenda, was adopted on July 29th, 2024. Are there any…remarks under this Reconsideration? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries. Leader. MEMBER MARIOL: Madam President, I move we amend Ordinance #139/2024 per the copy in front of each uh … Council Member. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to amend Ordinance #139/2024 per the copy before each of you. Are there any remarks? …Hearing none, by voice vote, all those in favor of this Amendment signify by saying aye. Those opposed, no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT BATES AYLWARD: The ayes have it. Leader. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 326 MINUTES OF THE MEETING AUGUST 12, 2024 MEMBER MARIOL: Madam President, I move we adopt Ordinance #139/2024, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rules 41 and 36 respectively, I move to reconsider and amend Ordinance No. 139/2024 by amending the supplemental appropriation “To:” from “4531 207027 18th Str Storm Swr CIPP Fund – Other” to “4531 202027 18th Str SW Storm Swr CIPP Fund – Other”. PRESIDENT BATES AYLWARD: It’s been moved & seconded to adopt Ordinance #139/2024, as amended. Are there any remarks? ...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam. President. ORDINANCE #29 RECONSIDERED AND AMENDED AS ORDINANCE NO. 139/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #139/2024, as reconsidered, is amended and adopted. Ordinance #30, please. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ THE FOLLOWING ORDINANCES #30 THRU #39 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#30. (3RD RDG) ADOPTED AS ORDINANCE NO. 150/2024 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF PART OF OUTLOT 374 AND PART OF OUTLOT 375; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #30. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #30. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #30 ADOPTED AS ORDINANCE NO. 150/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #30 is adopted. Ordinance #31, please. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 327 MINUTES OF THE MEETING AUGUST 12, 2024 O#31. (3RD RDG) ADOPTED AS ORDINANCE NO. 151/2024 AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF LOTS 17536 THRU 17548, LOTS 18139 THRU 18146, PART OF LOT 18138 AND PART OF LOT 18147 AND LOTS 30065 THRU 30067; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #31. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #31 ADOPTED AS ORDINANCE NO. 151/2024 PRESIDENT BATES AYLWARD: The motion carries and Ordinance #31 is adopted. Ordinance #32, please. O#32. (3RD RDG) ADOPTED AS ORDINANCE NO. 152/2024 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY (SUPP APPROP FR UNAPPROP BAL OF 1155 NIP ACQUISITITION DEMO FUND TO 1155 101501 CODE ENFORCEMENT ADMIN - OTHER; INTER-FUND ADVANCE REPAYMENT FR 1155 NIP ACQUISITION FUND - ADVANCE REPAYMENT TO 1001 GENERAL OPERATING FUND - ADVANCE DUE OTHER FUND). PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #32. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #32. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #32 ADOPTED AS ORDINANCE NO. 152/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #32 is adopted. Ordinance #33, please Madam Clerk. COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 328 MINUTES OF THE MEETING AUGUST 12, 2024 O#33. (3RD RDG) ADOPTED AS ORDINANCE NO. 153/2024 AN ORDINANCE AMENDING CHAPTER 151, EMPLOYMENT PROVISIONS OF TITLE FIVE ADMINISTRATIVE CODE OF THE CANTON CODIFIED ORDINANCES. PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #33. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #33. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #33 ADOPTED AS ORDINANCE NO. 153/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #33 has been adopted. Ordinance #34, please. O#34. (3RD RDG) ADOPTED AS ORDINANCE NO. 154/2024 AN ORDINANCE AUTHORIZING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON, OHIO; AND DELCARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #34. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #34. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #34 ADOPTED AS ORDINANCE NO. 154/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #34 is adopted. Ordinance #35, please. O#35. (3RD RDG) ADOPTED AS ORDINANCE NO. 155/2024 A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICALS AND PUBLIC INSTITUTIONS COPIES OF THE 2024 SUPPLEMENT TO THE COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 329 MINUTES OF THE MEETING AUGUST 12, 2024 CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #35. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to adopt Ordinance #35. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #35 ADOPTED AS ORDINANCE NO. 155/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #35 is adopted. Ordinance #36, please. O#36. (3RD RDG) ADOPTED AS ORDINANCE NO. 156/2024 AN ORDINANCE AMENDING PORTIONS OF CHAPTER 1501, GENERAL PROVISIONS, CHAPTER 1507, INSPECTION FEES, CHAPTER 1509, ABOVEGROUND AND UNDERGROUND TANK STORAGE, CHAPTER 1511, PERMIT FEES AND CHAPTER 1513, RECREATIONAL FIRES OF PART FIFTEEN, FIRE PREVENTION CODE OF THE CANTON CODIFIED ORDINANCES PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #36. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #36. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #36 ADOPTED AS ORDINANCE NO. 156/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #36 is adopted. Ordinance #37, please. O#37. (3RD RDG) ADOPTED AS ORDINANCE NO. 157/2024 AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO HIRE AN ADDITIONAL CHIEF CHEMIST WITHIN THE WATER DEPARTMENT UNTIL THE RETIREMENT OF COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 330 MINUTES OF THE MEETING AUGUST 12, 2024 THE CURRENT CHIEF CHEMIST FOR TRAINING PURPOSES; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #37. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #37. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #37 ADOPTED AS ORDINANCE NO. 157/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #37 is adopted. Ordinance #38, please. O#38. (3RD RDG) ADOPTED AS ORDINANCE NO. 158/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: FILE ANY ACTION PLAN/ACTION PLAN AMENDMENTS WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN ORDER TO IMPLEMENT THE HOME-ARP PROGRAM, ENTER INTO ALL CONTRACTS NECESSARY FOR THE TIMELY EXPENDITURE OF THE FUNDS AND TO ENTER INTO ALL CONTRACTS NECESSARY TO ALLOW FOR THE EFFECTIVE OPERATION OF THE PROGRAMS DURING THE GRANT PERIOD USING ALL PROCUREMENT PROCESSES AUTHORIZED IN THE CANTON CODIFIED ORDINANCES OR IN THE OHIO REVISED CODE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #38. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #38. Are there any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #38 ADOPTED AS ORDINANCE NO. 158/2024 PRESIDENT BATES AYLWARD: Thank you. And we’re not doing anything with 39? COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 331 MINUTES OF THE MEETING AUGUST 12, 2024 CLERK WOOD: #39. O#39. (3RD RDG) ADOPTED AS ORDINANCE NO. 159/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO CHANGE ORDER NO. 1 WITH THAYER POWER AND COMMUNICATION IN AN ESTIMATED AMOUNT OF $740,000 FOR THE CITY/COUNTY FIBER NETWORK PROJECT; ENTER INTO CONTRACT AMENDMENT NO. 1 WITH THE BOARD OF STARK COUNTY COMMISSIONERS FOR ADDITIONS NEEDED FOR THEIR PORTION OF THE PROJECT AND TO MOVE THE CONSTRUCTION COSTS/OWNERSHIP OF THE FIBER LEADING TO THE STARK COUNTY JAIL FROM THE COUNTY TO THE CITY; ENTER INTO A PROFESSIONAL SERVICES CONTRACT FOR FIBER RELATED GIS SERVICES; AND ENTER INTO ALL CONTRACTS NEEDED FOR RAILROAD LICENSE FEES, EASEMENTS, ETC. FOR THE PROJECT; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS NEEDED FOR THIS PROJECT THAT WERE A RESULT OF THE ABOVE CHANGE ORDER, AMENDMENT, AND/OR RAILROAD AGREEMENTS; AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY ($1,800,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN IMP. FUND TO 2175 202003 FIBER PROJECT - OTHER) PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #39. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #39. Are there any remarks? MEMBER MARIOL: Madam President. PRESIDENT BATES AYLWARD: Yes sir. MEMBER MARIOL: Um … During the Covid Pandemic um … we all on City Council became aware of how many Canton City School kids did not have access to the internet. Um … this is another step towards the end goal in being able to provide high speed affordable internet in our neighborhoods, solving that issue and making sure that the kids in the City will be able to uh … compete in this new um … technological economy. So, very excited about this and excited for the next steps to get closer to that goal. Thank you. PRESIDENT BATES AYLWARD: Thank you very much Leader. Does anybody else have any remarks?...Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK WOOD: Ten yeas, Madam President. #39 ADOPTED AS ORDINANCE NO. 159/2024 COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 332 MINUTES OF THE MEETING AUGUST 12, 2024 PRESIDENT BATES AYLWARD: Thank you. There was a lot of Third Readings, you did a good job, Madam Clerk. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT BATES AYLWARD: Um … We are under the Announcement of Committee Meetings. Our next meeting date is August 29, 2024. And Committee Meetings will begin at 6:30. Uh … Community & Economic Development Committee. Will someone call that for Member Hawk? MEMBER MARIOL: Madam President … PRESIDENT BATES AYLWARD: Oh, is the 26th? CLERK WOOD: The 26th. PRESIDENT BATES AYLWARD: Oh, I’m sorry. My script is wrong, 26th I would have not shown up. (Laughter) Okay, Community & Economic Development Committee please. MEMBER MARIOL: Madam President, Community & Economic Development Committee will meet at 6:30. PRESIDENT BATES AYLWARD: Thank you, Finance. MEMBER GIAVASIS: Madam President. Finance will meet at the same time, same place. PRESIDENT BATES AYLWARD: Judiciary. MEMBER BABCOCK: Madam President, Judiciary will meet at the same time, same place. PRESIDENT BATES AYLWARD: And Environmental & Public Utilities for Mr. Fisher. MEMBER MARIOL: Madam President, um … Environmental & Public Utilities will meet 6:30, same time … er uh … same place. PRESIDENT BATES AYLWARD: Thank you very much. MISCELLANEOUS BUSINESS PRESIDENT BATES AYLWARD: We are now under Miscellaneous Business. Is there any Miscellaneous Business that anyone wishes to bring before the body? Yes, Member Scaglione. MEMBER SCAGLIONE: Uh … I received a message from uh … Member Fisher today asking me to uh … thank John Highman for all of his work in getting the pedestrian bridge down. It’s been a work in progress for a long time here so, we just wanted to make sure that you were thanked here, in Miscellaneous Business. SERVICE DIRECTOR HIGHMAN: Madam President. PRESIDENT BATES AYLWARD: Yes sir. SERVICE DIRECTOR HIGHMAN: I would deflect the thanks to the Engineering Department uh … James Benekos, Chris Barns, and really Rick Bodenschatz in Engineering. For those who know him, Rick has been an COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 333 MINUTES OF THE MEETING AUGUST 12, 2024 absolute bulldog during this project and his um … after three years, finally got it taken care of. So, thanks to Rick. PRESIDENT BATES AYLWARD: Thank you and yes, what a good improvement in safety. Is there any other Miscellaneous Business that anyone would like to bring before the body? MEMBER MORRIS: Madam President. PRESIDENT BATES AYLWARD: Yes, Member Morris. MEMBER MORRIS: Uh … just some comments actually, typically when I have an opinion I just spew it out. I usually think of the consequences afterwards and usually doesn’t faze me either way if I offend anybody in the room or cross a line. Uh … but I have been kind of watching my step with this Frank Tyson situation and sitting back and watching the investigation go on and I’ll tell you one thing that really, let’s be honest, pisses me off, there was a preliminary ruling made today and most of us found out about it when we got into this Chamber. And somehow the local media somehow publishes a story of information that should have been put in our damn hands before it hit the newspaper and somebody needs to put their foot in somebody’s ass and figure out how that happened. Thank you. SAFETY DIRECTOR PERRY: Madam President. PRESIDENT BATES AYLWARD: Yes, go ahead Safety Director SAFETY DIRECTOR PERRY: Um … Myself, nor the Chief, nor the Mayor has received any information relative um … to this situation. So, um … we’re still awaiting to received the … the information relative to in like uh … Member Morris, we too read it in the paper. Thank you. PRESIDENT BATES AYLWARD: And I just would point out for Member Morris, as you know um … BCI and an outside Coroner did this investigation to keep it separate from the city um … I would have hoped they would have been a little more conscious … conscientious with letting the city know. And uh … maybe the Mayor you know can have a conversation with them but, they’re their own separate Law Enforcement Agency and to be honest, they probably um … aren’t to worried about our feelings but … but I could be wrong MEMBER MORRIS: Well, thank you Madam President. And Mayor, if you would like to pass that number off to me I would be more than glad to call them because I don’t care which Government Agency I tick off. PRESIDENT BATES AYLWARD: Thank you Member Morris. And does anybody else have any Miscellaneous Business that would come before the body? No? Alright… Member … member … Leader Mariol. MEMBER MARIOL: Madam President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adjourn. Roll call, please, NO REMARKS ROLL CALL 10 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 122 JOURNAL PAGE 334 MINUTES OF THE MEETING AUGUST 12, 2024 CLERK WOOD: Ten yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you very much, we are adjourned. (Gavel falls) ADJOURNMENT TIME: 8:02 PM ATTEST: APPROVED: JILL M. WOOD KRISTEN BATES ALYWARD CLERK OF COUNCIL PRESIDENT