City Council
Regular MeetingCanton, OH · May 11, 2020
Minutes
COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 202
MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: Good evening ladies and gentlemen and welcome to Canton City Council. Please turn
your cell phones to vibrate. With a quorum being present, the Chair calls this meeting in…of the Canton City
Council to order. Roll call please, Mr. Clerk.
11 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, CHRISTINE
SCHULMAN, GREG HAWK, JASON SCAGLIONE, CHRIS SMITH, ROBERT FISHER, KEVIN HALL,
JOHN MARIOL, PETER FERGUSON & FRANK MORRIS)
ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER KIMBROUGH ABSENT. MEMBERS
SCHULMAN, FISHER, MARIOL & MORRIS APPEARED VIA TELECONFERENCE)
CLERK DOUGHERTY: Eleven present, one absent.
PRESIDENT SHERER: Tonight’s invocation will be given by At-Large Council Member, Jim Babcock.
Would you all please stand and remain standing for the Pledge of Allegiance.
PRESIDENT SHERER: Thank you, Member Babcock.
CLERK DOUGHERTY: Mr. President.
PRESIDENT SHERER: Clerk.
CLERK DOUGHERTY: Uh…Majority Leader, we…we need to excuse…uh…Member Kimbrough, whose…
EXCUSING MEMBERS
MEMBER SMUCKLER: Mr. President, I move we excuse Member Kimbrough for tonight’s meeting.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: Motion’s been made and seconded to excuse Member Kimbrough from tonight’s
meeting. Is there any questions? ...Roll call.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
PRESIDENT SHERER: Member Kimbrough is excused from this evening’s meeting.
The regular meeting of Canton City Council was held on May 11, 2020 at 7:00 P.M. in the Canton City Council
Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The invocation was
given by At-Large Council Member, James Babcock. The Pledge of Allegiance was led by President Sherer.
AGENDA CORRECTIONS AND CHANGES
COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 203
MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: We are now under Agenda Corrections and Changes and we have none for this
evening.
PUBLIC HEARINGS
PRESIDENT SHERER: We are now under Public Hearings and we have none for this evening.
OLD BUSINESS
PRESIDENT SHERER: We are now under Old Business and there is no Old Business for tonight.
PUBLIC SPEAKS
PRESIDENT SHERER: We are now under Public Speaks and we have no speakers for this evening.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: We are now under Informal Resolutions and we have none for this evening, also.
COMMUNICATIONS
PRESIDENT SHERER: We are now under Communications. Let the journal show that all Communications
are received as read.
NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE
IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED MAY
11, 2020.
160. AEP OHIO: LETTER OF INTENT TO FILE APPLICATION TO ADJUST DISTRIBUTION RATES
WITH PUBLIC UTILITIES COMMISSION OF OH AND SUMMARY OF SAID RATES. –
RECEIVED & FILED
161. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 4/30/20. – RECEIVED &
FILED
162. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 4/1/20 THRU 4/30/20. – RECEIVED &
FILED
163. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/20 THRU 4/30/20. – RECEIVED & FILED
164. COURT ADMIN KOCHERA: REQ $37,308.00 SUPP APPROP FR UNAPPROP BAL OF #701001-
2796 COURT TECHNOLOGY GRANT FUND TO OTHER - #701001 2796 COURT TECHNOLOGY
GRANT FUND. – FINANCE COMMITTEE
165. COURT ADMIN KOCHERA: REQ $4,500.00 APPROP TRF FR OTHER – PROBATION AWARD
FUND #2659-701001 TO PERSONNEL – PROBATION AWARD FUND #2659-701001. – FINANCE
COMMITTEE
166. COURT ADMIN KOCHERA: REQ $5,366.00 APPROP TRF FR OTHER – RECOVERY COURT
ATP FUND #2792-701001 TO PERSONNEL – RECOVERY COURT ATP FUND #2792-701001. –
FINANCE COMMITTEE
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MINUTES OF THE MEETING MAY 11, 2020
167. DEPUTY MAYOR WILLIAMS: APPROVE DEPT OF COMMUNITY DEVELOPMENT’S
AMENDED CITIZENS PARTICIPATION PLAN DUE TO COVID-19 EMERGENCY SITUATION.
– COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
168. DEPUTY MAYOR WILLIAMS: REQ $200,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL OPERATING FUND TO 1001 506001 COMMUNITY DEVELOPMENT ADMIN –
OTHER TO UTILIZE CDBG AND ESG FUNDS AWARDED THRU CARES ACT. – FINANCE
AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES
169. LAW DIRECTOR BATES AYLWARD: APPROVE EDITING AND INCLUSION OF CERTAIN
ORDINANCES ADOPTED FR 3/10/19 TO 4/15/20 TO BE INCORPORATED INTO CANTON
CODIFIED ORD; AUTHORIZE LAW DIR TO DISTRIBUTE COPIES OF 2019-2020 CITY CODE
SUPPLEMENT TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS FREE OF CHARGE AND
AFFIX PRICE OF $4.80 FOR SALE OF SAME TO HOLDERS OF CITY CODE. – JUDICIARY
COMMITTEE
170. MAYOR BERNABEI: ADVISE OF APPT OF ALLISON HAMMERLE TO CANTON CITY
PLANNING COMMISSION COMMENCING IMMEDIATELY TO 12/31/23. – RECEIVED & FILED
171. SAFETY DIRECTOR PERRY: REQ $125,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701
BUILDING CODE FUND TO 5701-101501 CODE ENFORCEMENT ADMIN – OTHER TO COVER
REFUND COSTS. – FINANCE COMMITTEE
172. SAFETY DIRECTOR PERRY: REQ $40,000.00 SUPP APPROP FR UNAPPROP BAL OF 2763
LAW ENFORCEMENT FUND TO 2763-102001 POLICE ADMIN – OTHER FOR COVID-19
SUPPLIES. – FINANCE COMMITTEE
173. SAFETY DIRECTOR PERRY: RATIFY ALL ACTIONS TAKEN TO RAZE BLDG AT 220/222
CHERRY AVE NE PRIOR TO PASSAGE OF ORDINANCE PURSUANT TO CANTON CODIFIED
ORD SEC 105.04; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ANY AND ALL
CONTRACTS NECESSARY TO RESPOND TO SAID EMERGENCY SITUATION; AUTHORIZE
AND DIRECT AUDITOR TO PAY ANY AND ALL ORAL OBS RESULTING FR RESPONDING
TO SAID EMERGENCY SITUATION. – FINANCE COMMITTEE
174. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR AND CANTON
PARK COMMISSION TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO
CONTRACT FOR LEASE OF APPROX 741 SQ FT OF OFFICE SPACE AND OTHER SPACE
INCIDENTAL TO ITS USE AS STORAGE, PARKING, ETC AT 1414 MARKET AVE N FOR NON-
PROFIT YOUTH PROGS SUCH AS MENTORING, TUTORING, AFTERSCHOOL
PROGRAMMING, PEER COUNSELING, PUBLIC FOCUSED COMMUNITY EVENTS. – PUBLIC
PROPERTY CAPITAL IMPROVEMENT AND FINANCE COMMITTEES
175. SERVICE DIRECTOR HIGHMAN: ADVISE COUNCIL, PURSUANT TO CANTON CODIFIED
ORD SEC 105.01(b)(5), THAT CITY WILL NOT BE ENTERING INTO PROJECT LABOR AGMT
(PLA) FOR CLEANING STORM SEWERS ON US RT 30 BETWEEN WAYNESBURG RD SE AND
RAFF RD SW. – RECEIVED & FILED
COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 205
MINUTES OF THE MEETING MAY 11, 2020
176. SERVICE DIRECTOR HIGHMAN: REQ $23,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201
WATER FUND TO 5201 207003 WATER BILLING – OTHER AND $15,650.00 SUPP APPROP FR
UNAPPROP BAL OF 5410 SEWER FUND TO 5410 207003 SEWER BILLING – OTHER FOR
UPGRADE TO AMRS SOFTWARE FOR UTILITIES BILLING DEPT. – FINANCE COMMITTEE
177. STARK CO COMMISSIONERS: REQ ANNEX OF 7.431 ACRES IN CANTON TWP TO CITY OF
CANTON (TIMKENSTEEL CORP). – PLANNING COMMISSION
178. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR
MARCH 2020. – RECEIVED & FILED
179. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR MARCH 2020. – RECEIVED
& FILED
180. TREASURER PEREZ: RPTS OF 3/31/20 BANK RECS AND OUTSTANDING INVESTMENTS AS
OF 3/31/20. – RECEIVED & FILED
ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Mr.
Clerk, please begin with Ordinance #1.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1
THROUGH #13 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS (ORDINANCES #2 THROUGH #13 ADOPTED ON 1ST RDG):
O#1. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY
KNOWN AS THE HOF VILLAGE #6 ANNEXATION AREA CONTAINING
APPROXIMATELY 1.950 ACRES, MORE OR LESS; ASSIGNING SAID
TERRITORY TO WARD 7 OF THE CITY; ZONING SAID TERRITORY AS HALL
OF FAME VILLAGE DISTRICT (HOFV); AND DECLARING THE SAME TO BE
AN EMERGENCY PUB HRG 6/15/20 @ 7:00 PM
Referred to Annexation Committee
O#2. (1ST RDG) ADOPTED AS ORDINANCE NO. 97/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($37,308.00 SUPP APPROP FR UNAPPROP BAL OF 2796
COURT TECHNOLOGY GRANT FUND TO 2796 701001 COURT TECHNOLOGY
GRANT FUND – OTHER)
Referred to Finance Committee
O#3. (1ST RDG) ADOPTED AS ORDINANCE NO. 98/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($4,500.00 APPROP TRF FR 2659 701001 PROBATION
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MINUTES OF THE MEETING MAY 11, 2020
AWARD FUND – OTHER TO 2659 701001 PROBATION AWARD FUND –
PERSONNEL) (FOR CONT’D OPERATION OF THE COURT)
Referred to Finance Committee
O#4. (1ST RDG) ADOPTED AS ORDINANCE NO. 99/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($5,366.00 APPROP TRF FR 2792 701001 RECOVERY
COURT ATP FUND – OTHER TO 2792 RECOVERY COURT ATP FUND –
PERSONNEL) (FOR CONT’D OPERATION OF THE COURT)
Referred to Finance Committee
O#5. (1ST RDG) ADOPTED AS ORDINANCE NO. 100/2020 AN ORDINANCE APPROVING THE
DEPARTMENT OF DEVELOPMENT’S AMENDED CITIZEN PARTICIPATION
PLAN; AND DECLARING THE SAME TO BE AN EMERGENCY (COVID-19
EMERGENCY SITUATION)
Referred to Community & Economic Development Committee
O#6. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 101/2020 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER
INTO CONTRACT WITH ECDI, INC. TO ADMINISTER THE CORONAVIRUS AID,
RELIEF, AND ECONOMIC SECURITY ACT FUNDS PROGRAM; AUTHORIZING
THE ADVANCING OF GENERAL FUND DOLLARS TO EXPEDITE THE
PROGRAM TO BE REIMBURSED WHEN FEDERAL FUNDS ARE RECEIVED;
AMENDING APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING
THE SAME TO BE AN EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP
BAL OF 1001 GENERAL OPERATING FUND TO 1001 506001 COMMUNITY
DEVELOPMENT ADMIN – OTHER)
Referred to Finance and Community & Economic Development Committees
O#7. (1ST RDG) ADOPTED AS ORDINANCE NO. 102/2020 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 DECLARING THE SAME TO BE AN EMERGENCY (3/10/19 TO
4/15/20)
Referred to Judiciary Committee
O#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 103/2020 A RESOLUTION AUTHORIZING THE
LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS
AND PUBLIC INSTITUTIONS COPIES OF THE 2020 SUPPLEMENT TO THE
CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME;
AND DECLARING THE SAME TO BE AN EMERGENCY ($4.80)
Referred to Judiciary Committee
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MINUTES OF THE MEETING MAY 11, 2020
O#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 104/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($125,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701
BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMIN –
OTHER) (REFUNDS FOR INCORRECT PAYMENTS)
Referred to Finance Committee
O#10. (1ST RDG) ADOPTED AS ORDINANCE NO. 105/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 2763
LAW ENFORCEMENT FUND TO 2763 102001 POLICE ADMIN – OTHER)
(SUPPLIES RELATED TO COVID-19)
Referred to Finance Committee
O#11. (1ST RDG) ADOPTED AS ORDINANCE NO. 106/2020 AN ORDINANCE AUTHORIZING
THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO ANY AND
ALL CONTRACTS NECESSARY TO RESPOND TO THE 220/222 CHERRY AVE.
NE DEMOLITION; AUTHORIZING THE AUDITOR TO PAY ANY AND ALL
MORAL OBLIGATIONS FROM RESPONDING TO THIS EMERGENCY
SITUATION; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
O#12. (1ST RDG) ADOPTED AS ORDINANCE NO. 107/2020 AN ORDINANCE AUTHORIZING
THE MAYOR OR DIRECTOR OF PUBLIC SERVICE AND THE CANTON PARK
COMMISSION TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO
CONTRACT FOR THE LEASE OF APPROXIMATELY 741 SQUARE FEET OF
OFFICE SPACE AND OTHER SPACE INCIDENTAL TO ITS USE FOR NON-
PROFIT YOUTH PROGRAMMING AT 1414 MARKET AVE. N.; AND DECLARING
THE SAME TO BE AN EMERGENCY (CANTON FOCUSED YOUTH
PROGRAMMING)
Referred to Public Property Capital Improvement and Finance Committees
O#13. (1ST RDG) ADOPTED AS ORDINANCE NO. 108/2020 AN ORDINANCE AMENDING
APPROPRIATION ORDINANCE NO. 59/2020; AND DECLARING THE SAME TO
BE AN EMERGENCY ($23,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201
WATER FUND TO 5201 207003 WATER BILLING – OTHER; $15,650.00 FR
UNAPPROP BAL OF 5410 SEWER FUND TO 5410 207003 SEWER BILLING –
OTHER) (AUTOMATED METER READING SYSTEM SOFTWARE UPGRADE)
Referred to Finance Committee
CLERK DOUGHERTY: Mr. President.
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MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for Finance, Community &
Economic Development, Judiciary and Public Property Capital Improvement Committees to meet in regards to
Ordinances 2 through 13 on your agenda this evening. You are now in recess.
(COUNCIL RECESSED AT 7:08 PM FOR THE FINANCE, COMMUNITY & ECONOMIC
DEVELOPMENT, JUDICIARY AND PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES
TO DISCUSS O#2 THROUGH O#13; RECONVENED AT 7:29 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader Smuckler.
MEMBER SMUCKLER: Mr. President, I move that we suspend Rule 22A to place Ordinances
2…thirt…through 13 back to this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 2 through 13
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 DOUGHERTY: Eleven yeas, Mr. President.
PRESIDENT SHERER: Ordinances 2…thirt…through 13 are a legal part of your agenda. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend statutory rules of Ordinances 2 through 13.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the statutory rules on Ordinances 2 through
13. Are there any remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
PRESIDENT SHERER: You’ve heard the three readings, Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #2.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #2. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please.
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MINUTES OF THE MEETING MAY 11, 2020
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#2 ADOPTED AS ORDINANCE NO. 97/2020
PRESIDENT SHERER: The motion carries and Ordinance #2 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #3.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #3. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please, Mr. Clerk.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#3 ADOPTED AS ORDINANCE NO. 98/2020
PRESIDENT SHERER: The motion carries and Ordinance #3 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #4.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #4. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please, Mr. Clerk.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#4 ADOPTED AS ORDINANCE NO. 99/2020
PRESIDENT SHERER: The motion carries and Ordinance #4 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #5.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and second…seconded that you adopt Ordinance #5. Are there any
remarks under this Ordinance? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
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MINUTES OF THE MEETING MAY 11, 2020
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#5 ADOPTED AS ORDINANCE NO. 100/2020
PRESIDENT SHERER: The motion carries and Ordinance #5 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #6.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #6. Are there any remarks
under this Ordinance?
CLERK DOUGHERTY: We have an amendment, please.
MEMBER SMUCKLER: Mr. President, I move we amend Ordinance #6 by the adoption…by the amendment
before every Councilman.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance…Ordinance #6 per the copy
before each of you. Are there any remarks? …Hearing none, by voice vote all those in favor signify by saying
aye. Those opposed no.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it. The motion carries. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #6, as amended.
MEMBER BABCOCK: Second.
AMENDMENT
Pursuant to Rule 36, I move we amend Agenda Item No. 6 by adding language to enter into contract
with ECDI, INC and any and all contracts necessary to effectuate the proper expenditure of all CDBG-CV
funds.
PRESIDENT SHERER: It’s been moved and second that you adopt Ordinance #6, as amended. Are there any
remarks under this Ordinance, as amended? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
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#6 ADOPTED AS AMENDED AS ORDINANCE NO. 101/2020
PRESIDENT SHERER: The motion carries and Ordinance #6, as amended, has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #7.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #7. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#7 ADOPTED AS ORDINANCE NO. 102/2020
PRESIDENT SHERER: The motion carries and Ordinance #7 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #8.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#8 ADOPTED AS ORDINANCE NO. 103/2020
PRESIDENT SHERER: The motion carries and Ordinance #8 has been adopted. 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 ABSTENTION
(MEMBER MARIOL ABSTAINED)
CLERK DOUGHERTY: Ten yeas, one abstention, Mr. President.
#9 ADOPTED AS ORDINANCE NO. 104/2020
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MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: The motion carries and Ordinance #9 has been 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 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#10 ADOPTED AS ORDINANCE NO. 105/2020
PRESIDENT SHERER: The motion carries and Ordinance #10 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #11. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#11 ADOPTED AS ORDINANCE NO. 106/2020
PRESIDENT SHERER: The motion carries and Ordinance #11 has been 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 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
#12 ADOPTED AS ORDINANCE NO. 107/2020
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MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: The motion carries and Ordinance #12 has been 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 DOUGHERTY: Eleven yeas, Mr. President.
#13 ADOPTED AS ORDINANCE NO. 108/2020
PRESIDENT SHERER: The motion carries and Ordinance #13 has been adopted.
ORDINANCES AND FORMAL RESOLUTONS FOR SECOND READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading and
we have none for this evening.
MEMBER BABCOCK: Annexation…Annexation…
MEMBER HAWK: Annexation Committee…will meet…
PRESIDENT SHERER: Almost…hang on…Member Hawk
MEMBER HAWK: Excuse me.
PRESIDENT SHERER: Hang on for one second.
MEMBER HAWK: Yes sir.
ORDINANCES AND FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final Reading
and Vote, and we have none for this evening.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under announcement of Committee Meetings.
MEMBER HAWK: Mr. President.
PRESIDENT SHERER: Member Hawk.
MEMBER HAWK: Annexation Committee will meet Monday, June 1, 2020 at 7:00 p.m.
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MINUTES OF THE MEETING MAY 11, 2020
CLERK DOUGHERTY: We’ll meet at 6:45, please.
MEMBER HAWK: Thank you, Mr. Clerk, 6:45, sir…I…I apologize.
PRESIDENT SHERER: Thank you, Member Hawk.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous Business for
this evening?
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Leader Smuckler.
MEMBER SMUCKLER: Um…as Ohio begins to open this weekend, I please urge every…uh…body to be
aware, be careful, and please be safe.
PRESIDENT SHERER: Thank you, Leader Smuckler.
MEMBER HAWK: Mr. President.
PRESIDENT SHERER: Member Hawk.
MEMBER HAWK: I would again like to thank the Park Commission and all the park…city park employees
who are doing such an exceptional job down at Monument Park. If you get an opportunity, go down and take a
look at it. They are doing this with their…with their own personnel and with their own equipment, it’s not been
contracted out. I’m very proud of what they’re doing down there, it’s going to really add a lot to our park
system when they’re finished.
PRESIDENT SHERER: Thank you, Member Hawk. Is there any other Miscellaneous Business for this
evening? Hearing none...Clerk Dougherty, our quote for the week, please.
CLERK DOUGHERTY: Empathy is essential. “Don’t let anyone else’s mood or circumstances infiltrate your
head, heart or home. However, be kind. We’re all fighting a battle right now.”
PRESIDENT SHERER: Thank you, Clerk Dougherty. Leader.
MEMBER SMUCKLER: Mr. President, I move we adjourn.
MEMBER BABCOCK: Second.
COUNCIL PROCEEDINGS JOURNAL 108 JOURNAL PAGE 215
MINUTES OF THE MEETING MAY 11, 2020
PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President.
PRESIDENT SHERER: This meeting is adjourned. Everybody be safe. (Gavel falls).
ADJOURNMENT TIME: 7:45 PM
ATTEST: APPROVED:
DAVID R. DOUGHERTY WILLIAM SHERER, II
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM MAY 11, 2020
ROLL CALL: Eleven Members Present
MOTION TO EXCUSE MEMBERS: Member Kimbrough Absent
INVOCATION: James Babcock, Council-at-Large
PLEDGE OF ALLEGIANCE: President Sherer
AGENDA CORRECTIONS & CHANGES: Suspended Rule 22A to add 1st Rdg O#2 – O#13; O#2 – O#5 and O#7 – O#13
Adopted on 1st Rdg; O#6 Adopted as Amended on 1st Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): None
INFORMAL RESOLUTIONS: None
COMMUNICATIONS:
160. AEP OHIO: LETTER OF INTENT TO FILE APPLICATION TO ADJUST
DISTRIBUTION RATES WITH PUBLIC UTILITIES COMMISSION OF OH
AND SUMMARY OF SAID RATES. – RECEIVED & FILED
161. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 4/30/20. – RECEIVED &
FILED
162. AUDITOR MALLONN: MTHLY RPT BY FUND FOR 4/1/20 THRU 4/30/20. – RECEIVED &
FILED
163. AUDITOR MALLONN: YRLY RPT BY FUND FOR 1/1/20 THRU 4/30/20. – RECEIVED & FILED
164. COURT ADMIN KOCHERA: REQ $37,308.00 SUPP APPROP FR UNAPPROP BAL OF #701001-
2796 COURT TECHNOLOGY GRANT FUND TO OTHER - #701001
2796 COURT TECHNOLOGY GRANT FUND. – FINANCE COMMITTEE
165. COURT ADMIN KOCHERA: REQ $4,500.00 APPROP TRF FR OTHER – PROBATION AWARD
FUND #2659-701001 TO PERSONNEL – PROBATION AWARD FUND
#2659-701001. – FINANCE COMMITTEE
166. COURT ADMIN KOCHERA: REQ $5,366.00 APPROP TRF FR OTHER – RECOVERY COURT ATP
FUND #2792-701001 TO PERSONNEL – RECOVERY COURT ATP
FUND #2792-701001. – FINANCE COMMITTEE
167. DEPUTY MAYOR WILLIAMS: APPROVE DEPT OF COMMUNITY DEVELOPMENT’S AMENDED
CITIZENS PARTICIPATION PLAN DUE TO COVID-19 EMERGENCY
SITUATION. – COMMUNITY & ECONOMIC DEVELOPMENT
COMMITTEE
168. DEPUTY MAYOR WILLIAMS: REQ $200,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL OPERATING FUND TO 1001 506001 COMMUNITY
DEVELOPMENT ADMIN – OTHER TO UTILIZE CDBG AND ESG
FUNDS AWARDED THRU CARES ACT. – FINANCE AND COMMUNITY
& ECONOMIC DEVELOPMENT COMMITTEES
169. LAW DIRECTOR BATES AYLWARD: APPROVE EDITING AND INCLUSION OF CERTAIN ORDINANCES
ADOPTED FR 3/10/19 TO 4/15/20 TO BE INCORPORATED INTO
CANTON CODIFIED ORD; AUTHORIZE LAW DIR TO DISTRIBUTE
COPIES OF 2019-2020 CITY CODE SUPPLEMENT TO PUBLIC
OFFICIALS AND PUBLIC INSTITUTIONS FREE OF CHARGE AND
AFFIX PRICE OF $4.80 FOR SALE OF SAME TO HOLDERS OF CITY
CODE. – JUDICIARY COMMITTEE
170. MAYOR BERNABEI: ADVISE OF APPT OF ALLISON HAMMERLE TO CANTON CITY
PLANNING COMMISSION COMMENCING IMMEDIATELY TO 12/31/23.
– RECEIVED & FILED
171. SAFETY DIRECTOR PERRY: REQ $125,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701
BUILDING CODE FUND TO 5701-101501 CODE ENFORCEMENT
ADMIN – OTHER TO COVER REFUND COSTS. – FINANCE
COMMITTEE
172. SAFETY DIRECTOR PERRY: REQ $40,000.00 SUPP APPROP FR UNAPPROP BAL OF 2763 LAW
ENFORCEMENT FUND TO 2763-102001 POLICE ADMIN – OTHER
FOR COVID-19 SUPPLIES. – FINANCE COMMITTEE
CANTON CITY COUNCIL PAGE | 2 MAY 11, 2020
COMMUNICATIONS CONTINUED:
173. SAFETY DIRECTOR PERRY: RATIFY ALL ACTIONS TAKEN TO RAZE BLDG AT 220/222 CHERRY
AVE NE PRIOR TO PASSAGE OF ORDINANCE PURSUANT TO
CANTON CODIFIED ORD SEC 105.04; AUTHORIZE MAYOR AND/OR
SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY
TO RESPOND TO SAID EMERGENCY SITUATION; AUTHORIZE AND
DIRECT AUDITOR TO PAY ANY AND ALL ORAL OBS RESULTING FR
RESPONDING TO SAID EMERGENCY SITUATION. – FINANCE
COMMITTEE
174. SERVICE DIRECTOR HIGHMAN: AUTHORIZE MAYOR AND/OR SERV DIR AND CANTON PARK
COMMISSION TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER
INTO CONTRACT FOR LEASE OF APPROX 741 SQ FT OF OFFICE
SPACE AND OTHER SPACE INCIDENTAL TO ITS USE AS STORAGE,
PARKING, ETC AT 1414 MARKET AVE N FOR NON-PROFIT YOUTH
PROGS SUCH AS MENTORING, TUTORING, AFTERSCHOOL
PROGRAMMING, PEER COUNSELING, PUBLIC FOCUSED
COMMUNITY EVENTS. – PUBLIC PROPERTY CAPITAL
IMPROVEMENT AND FINANCE COMMITTEES
175. SERVICE DIRECTOR HIGHMAN: ADVISE COUNCIL, PURSUANT TO CANTON CODIFIED ORD SEC
105.01(b)(5), THAT CITY WILL NOT BE ENTERING INTO PROJECT
LABOR AGMT (PLA) FOR CLEANING STORM SEWERS ON US RT 30
BETWEEN WAYNESBURG RD SE AND RAFF RD SW. – RECEIVED &
FILED
176. SERVICE DIRECTOR HIGHMAN: REQ $23,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER
FUND TO 5201 207003 WATER BILLING – OTHER AND $15,650.00
SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410
207003 SEWER BILLING – OTHER FOR UPGRADE TO AMRS
SOFTWARE FOR UTILITIES BILLING DEPT. – FINANCE COMMITTEE
177. STARK CO COMMISSIONERS: REQ ANNEX OF 7.431 ACRES IN CANTON TWP TO CITY OF CANTON
(TIMKENSTEEL CORP). – PLANNING COMMISSION
178. TREASURER PEREZ: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR
MARCH 2020. – RECEIVED & FILED
179. TREASURER PEREZ: RPT OF PARKING METER REVENUE FOR MARCH 2020. – RECEIVED
& FILED
180. TREASURER PEREZ: RPTS OF 3/31/20 BANK RECS AND OUTSTANDING INVESTMENTS
AS OF 3/31/20. – RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING:
1ST RDG 1. AUTHORIZE CANTON TO ANNEX TERRITORY KNOWN AS HOF VILLAGE #6 ANNEX AREA
CONTAINING APPROX 1.950 ACRES, MORE OR LESS, ASSIGNING SAID TERRITORY TO WARD 7 OF
CITY; ZONING SAID TERRITORY AS HALL OF FAME VILLAGE DISTRICT (HOFV); EMERGENCY
Referred to Annexation Committee PUB HRG 6/15/20 @ 7:00 PM
(COUNCIL RECESSED AT 7:08 PM FOR THE FINANCE, COMMUNITY & ECONOMIC DEVELOPMENT, JUDICIARY AND
PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEES TO DISCUSS O#2 THROUGH O#13; RECONVENED AT
7:29 PM)
97/2020 2. AMEND APPROP O#59/2020; EMERGENCY ($37,308.00 SUPP APPROP FR UNAPPROP BAL OF 2796
COURT TECHNOLOGY GRANT FUND TO 2796 701001 COURT TECHNOLOGY GRANT FUND –
OTHER)
Referred to Finance Committee
98/2020 3. AMEND APPROP O#59/2020; EMERGENCY ($4,500.00 APPROP TRF FR 2659 701001 PROBATION
AWARD FUND – OTHER TO 2659 701001 PROBATION AWARD FUND – PERSONNEL)
Referred to Finance Committee
99/2020 4. AMEND APPROP O#59/2020; EMERGENCY ($5,366.00 APPROP TRF FR 2792 701001 RECOVERY
COURT ATP FUND – OTHER TO 2792 RECOVERY COURT ATP FUND - PERSONNEL)
Referred to Finance Committee
100/2020 5. APPROVE DEPT OF DEVELOPMENT’S AMENDED CITIZEN PARTICIPATION PLAN; EMERGENCY
(COVID-19 EMERGENCY SITUATION)
Referred to Community & Economic Development Committee
CANTON CITY COUNCIL PAGE | 3 MAY 11, 2020
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING CONTINUED:
AMENDED
101/2020 6. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO CONTRACT WITH ECDI, INC. TO ADMINISTER
CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT FUNDS PROG; AUTHORIZE
ADVANCING OF GENERAL FUND DOLLARS TO EXPEDITE PROG TO BE REIMBURSED WHEN
FEDERAL FUNDS ARE RECEIVED; AMEND APPROP O#59/2020; EMERGENCY ($200,000.00 SUPP
APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 506001 COMMUNITY
DEVELOPMENT ADMIN – OTHER)
Referred to Finance and Community & Economic Development Committees
102/2020 7. AUTHORIZE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF VARIOUS
COMPONENT CODES OF CODIFIED ORD OF CANTON, OH; EMERGENCY (3/10/19 TO 4/15/20)
Referred to Judiciary Committee
103/2020 8. AUTHORIZE LAW DIR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC
INSTITUTIONS COPIES OF 2020 SUPPLEMENT TO CANTON CODIFIED ORD; TO AFFIX PRICE FOR
SALE OF SAME; EMERGENCY ($4.80)
Referred to Judiciary Committee
104/2020 9. AMEND APPROP O#59/2020; EMERGENCY ($125,000.00 SUPP APPROP FR UNAPPROP BAL OF 5701
BUILDING CODE FUND TO 5701 101501 CODE ENFORCEMENT ADMIN – OTHER)
Referred to Finance Committee
105/2020 10. AMEND APPROP O#59/2020; EMERGENCY ($40,000.00 SUPP APPROP FR UNAPPROP BAL OF 2763
LAW ENFORCEMENT FUND TO 2763 102001 POLICE ADMIN – OTHER)
Referred to Finance Committee
106/2020 11. AUTHORIZE MAYOR OR SAF DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY TO
RESPOND TO 220/222 CHERRY AVE NE DEMO; AUTHORIZE AUDITOR TO PAY ANY AND ALL MORAL
OBS FR RESPONDING TO EMERGENCY SITUATION; EMERGENCY
Referred to Finance Committee
107/2020 12. AUTHORIZE MAYOR OR SERV DIR AND CANTON PARK COMMISSION TO ADVERTISE, RECEIVE
BIDS, AWARD AND ENTER INTO CONTRACT FOR LEASE OF APPROX 741 SQ FT OF OFFICE SPACE
AND OTHER SPACE INCIDENTAL TO ITS USE FOR NON-PROFIT YOUTH PROGRAMMING AT 1414
MARKET AVE N; EMERGENCY
Referred to Public Property Capital Improvement and Finance Committees
108/2020 13. AMEND APPROP O#59/2020; EMERGENCY ($23,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201
WATER FUND TO 5201 207003 WATER BILLING – OTHER AND $15,650.00 SUPP APPROP FR
UNAPPROP BAL OF 5410 SEWER FUND TO 5410 207003 SEWER BILLING – OTHER)
Referred to Finance Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING: None
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: None
ANNOUNCEMENT OF COMMITTEE MEETINGS:
MONDAY, JUNE 1, 2020 in Council Caucus Room @ 6:45 PM
Annexation Committee
MISCELLANEOUS BUSINESS: As Ohio opens back up, Member Smuckler urged everyone to be aware, be careful and be
safe. Member Hawk thanked the Park Department and their employees for the exceptional job they are doing in Monument
Park. They are using their own personnel and equipment, and he believes it will add a lot to the City Park System.
QUOTE OF THE WEEK: Empathy is essential. “Don’t let anyone else’s mood or circumstance infiltrate your head, heart or
home. However, be kind. We’re all fighting a battle right now.”
ADJOURNMENT: 7:45 PM
THERE WILL BE NO COUNCIL MEETING ON MAY 18 OR MAY 25, 2020
THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, JUNE 1, 2020 @ 7:00 PM
Canton City Council Meetings are available for online streaming on Mondays at 7:00 PM, at
https://www.cantonohio.gov/516/City-Council
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