City Council
Regular MeetingCanton, OH · January 25, 2021
Minutes
COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 26
MINUTES OF THE MEETING JANUARY 25, 2021
PRESIDENT SHERER: Good evening, ladies and gentlemen, and welcome to Canton City Council. Council
Members, I just want to remind everybody about keeping your earbuds in and turn your cell phones to vibrate,
please. And we are also encouraging social distancing here in Council Chambers tonight. With a quorum being
present, the Chair calls this meeting of Canton City Council to order. Roll call please, Mr. Clerk.
12 COUNCIL MEMBERS PRESENT: (WILLIAM SMUCKLER, JAMES BABCOCK, CHRISTINE
SCHULMAN, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, CHRIS SMITH, ROBERT
FISHER, KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS)
TWELVE COUNCIL MEMBERS PRESENT. (MEMBERS SCHULMAN, KIMBROUGH, FISHER,
MARIOL & MORRIS APPEARED VIA VIDEOCONFERENCE)
CLERK DOUGHERTY: Twelve present.
PRESIDENT SHERER: Tonight’s invocation will be given by Ward 3 Council Member, Jason Scaglione. If
you would all please stand and remain standing for the Pledge of Allegiance.
The regular meeting of Canton City Council was held on January 25, 2021 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 Ward 3 Council Member, Jason Scaglione. The Pledge of Allegiance was led by
President Sherer.
PRESIDENT SHERER: Thank you, Member Scaglione.
AGENDA CORRECTIONS AND CHANGES
PRESIDENT SHERER: We are now under Agenda Corrections and Changes, Leader Smuckler.
MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended to add 2nd Readings of Ordinances 4
through 9 to this evening’s meeting.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings to Ordinances
4 through 9 to this evening’s Agenda. Are there any remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, O NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Ordinances 4 through 9 are a legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings for this
evening.
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MINUTES OF THE MEETING JANUARY 25, 2021
OLD BUSINESS
PRESIDENT SHERER: We are now under Old Business, and there is no Old Business for this evening.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: We are now under Informal Resolutions and we have none for this evening.
PUBLIC SPEAKS
PRESIDENT SHERER: We are now under Public Speaks and we have one speaker for tonight. Our first
speaker…speaker is Ms. Kimberly Bell. Ms. Bell, could you please step forward and give us your name and
residential address, please.
KIMBERLY BELL: Kimberly Bell, I’m currently…I don’t have a…a…address in Canton because of a
situation where I lived at for fourteen years and gave them over a hundred and twenty thousand dollars. I think
it was a hundred and twenty-nine thousand dollars and they would not renew my lease after fourteen years
because I called the Building Code Department on the apartments that’s called The Heights now, it used to be
the Aristocrat, used to be Ridgewood. So, I don’t have a permanent address yet, but my employment is at
DoubleTree Hotel. But my issue today is, the um…issue about my…my living arrangements. Again, I gave
them over a hundred and twenty-eight thousand dollars and the owner of the property wouldn’t renew my lease.
It wasn’t the owner, because I didn’t have any personal contact with the owner, I had a one-on-one contact, all
the time, with the general manager, Katie Brunner. And…because the…the owners are out of Indiana, that own
this property. So, I have no address. I’m a senior citizen now and over those fourteen years, I have had
evictions filed on me at that property, but we worked out our differences and they were dismissed because I
paid. So, this time, she…she…she…like I said, I’m no different than anybody who gets behind on bills when
they have a car problem. You got to pay…you got to fix the car so you can go to work. So, yeah, I got behind
but I made up for it. So this time, she was just being nasty and didn’t renew my lease. She tried to evict me,
but couldn’t at that time because my defense was good and…but then in the…at the...at the end they
did…uh…submit the eviction. But I objected to it. So, I have no home address right now and I’m living at our
prop…other property at the hotel. But my issue is, these…these…these laws are so sloppy for…for those that
have evictions on their records. I’m a senior citizen, I tried to get an apartment at Queen Esther, but being that
these evictions that I’ve had at this property, is on my record, I can’t…nobody wants to touch me. But I’m no
different than nobody else, but I gave them over a hundred and twenty-eight thousand dollars. But,
I’m…I’m…I’m…I’m having…I’m having it hard right now. Then somebody t-boned my truck and hit my
truck and ran and I’m just having it bad right now, but I’m asking Kris Bates to please help me write the
Senator, Kirk Shuring, and all the Senators to revise these landlord laws, landlord-tenant laws. I’ll talk to you
guys on the 8th.
PRESIDENT SHERER: Thank you, Ms. Bell.
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.
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MINUTES OF THE MEETING JANUARY 25, 2021
9. AUDITOR MALLONN: STATEMENT OF CASH POSITION (RPT BY FUND) DATED 12/31/20. –
RECEIVED & FILED
10. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX
FOR DEC 2020. – RECEIVED & FILED
11. CLERK DOUGHERTY: WITHDRAW OBJECTION TO TRF OF C-1-2 LIQUOR PERMIT FOR 12TH
STREET MARKET LLC, DBA 12TH STREET MARKET, 1100 12TH ST NW (PERMIT #6547855). –
JUDICIARY COMMITTEE
12. DEPUTY MAYOR WILLIAMS: REQ $187,275.00 SUPP APPROP FR UNAPPROP BAL OF 2219
EMERGENCY SHELTER GRANT TO 2219 506001 EMERGENCY SHELTER GRANT OTHER
(ESG PROGRAMS). – FINANCE COMMITTEE
13. DEPUTY MAYOR WILLIAMS: AUTH AUDITOR TO PAY MORAL OB TO RAY BERTOLINI
TRUCKING IN AMT NOT TO EXCEED $34,156.00 FOR DEMO OF 600 15TH ST SW; AUTH
AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE COMMITTEE
14. LIQUOR CONTROL DIV (OHIO): REQ NEW D5J PERMIT FOR CARPE DIEM COFFEE SHOP,
INC., 215 MARKET AVE N (WARD 2). – RECEIVED & FILED
15. MAYOR BERNABEI: AMEND SEC 1305.01(a) OF CHAPTER 1305, BOARD OF BUILDING
APPEALS, OF CANTON CODIFIED ORD TO AMEND MEMBERSHIP AND COMPOSITION OF
BOARD (REDUCE MEMBERS FR 7 TO 5; SIMPLIFY CATEGORIES OF MEMBERS). –
JUDICIARY COMMITTEE
16. MAYOR BERNABEI: AMEND O#189/2020 TO MAKE $2,000,000.00 LOAN TO MILLENNIUM I,
LTD (INSTEAD OF 200 MARKET NORTH LLC), $1,000,000.00 TO ASSIST IN REFINANCING OF
BLDG (RATHER THAN ITS PURCHASE) AND $1,000,000.00 (STILL FOR TENANT
IMPROVEMENTS). – FINANCE COMMITTEE
17. MAYOR BERNABEI: AUTH GRANT IN AMT OF $25,000.00 TO SUPPORT JOBSOHIO
COMMERCIAL AIR SERVICE FUND (MATCHING GRANT PROG) FOR PURPOSE OF
ASSISTING AKRON-CANTON AIRPORT IN ATTRACTING NEW CARRIERS AND AIR RTS
HEAVILY HURT BY COVID-19. – FINANCE COMMITTEE
18. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR, SERV DIR AND/OR THEIR DESIGNEE, ON
BEHALF OF CITY OF CANTON, TO APPROPRIATE ESTATE AND/OR INTEREST IN
PROPERTIES DESCRIBED IN EXHIBIT A IN FURTHERANCE OF NE CANTON INDUSTRIAL
PARK PROJ GP 1148 (RT-OF-WAY ACQUISITION, FINAL STEP); AUTH MAYOR, SERV DIR
AND/OR THEIR DESIGNEE TO MAKE MINISTERIAL CHANGES TO CORRECT PROPERTY
OWNER NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR TYPO
ERRORS, SHOULD THEY OCCUR; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT
OF VOUCHERS. – PUBLIC SAFETY & THOROUGHFARES AND FINANCE COMMITTEES
19. SERVICE DIRECTOR HIGHMAN: AUTH AUDITOR TO PAY MORAL OB TO VERIZON
WIRELESS IN AMT NOT TO EXCEED $4,434.01 FOR NOV AND DEC, 2020 BILLS FOR
ACTIVATION OF NEW CELLULAR LINES FOR WATER DEPT’S 43 DATA COLLECTION
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UNITS; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. – FINANCE
COMMITTEE
20. STARK CO AUDITOR HAROLD: CERT OF ESTIMATED PROPERTY TAX REVENUE (5.0 MILL
LEVY FOR PARKS & REC, 5/4/21 ELECTION). – RECEIVED & FILED
21. STARK CO COMMISSIONERS: REQ ANNEX OF 6.389 ACRES IN PLAIN TWP TO CITY OF
CANTON (SERVICE CTR, 30TH ST NE). – PLANNING COMMISSION
22. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 12/31/20. – 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, would you please begin with Ordinance #1.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1
THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS (O#2 AND O#3 ADOPTED):
O#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO A JOINT FACILITY DEVELOPMENT AND USE
AGREEMENT WITH CANTON CITY SCHOOL DISTRICT PURSUANT TO OHIO
REVISED CODE 755.16 AND OHIO REVISED CODE 3313.59 FOR UPGRADES TO
AND THE USE OF THURMAN MUNSON MEMORIAL STADIUM; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Public Property Capital Improvement and Finance Committees
O#2. (1ST RDG) ADOPTED AS ORDINANCE NO. 19/2021 AN ORDINANCE AUTHORIZING THE
ESTABLISHMENT OF THE FAIR MARKET VALUE OF REAL PROPERTY;
AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE, OR THEIR
DESIGNEE TO ENTER INTO AGREEMENT FOR PURCHASE/ACQUISITION OR
DONATION/ACQUISITION OF PARCELS FOR FEE SIMPLE TAKES,
PERMANENT ROAD RIGHT-OF-WAY, UTILITY EASEMENTS, AND/OR
TEMPORARY CONSTRUCTION EASEMENTS FOR THE 39TH ST. NW (STEESE
AREA ROADWAY & DRAINAGE PROJECT, PHASE 1) GP 1284; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance and Environmental & Public Utilities Committees
O#3. (1ST RDG) ADOPTED AS ORDINANCE NO. 20/2021 AN ORDINANCE AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LOAN
AGREEMENT IN AN AMOUNT NOT TO EXCEED $2,000,000.00 OF ISSUE 13
COMPREHENSIVE FUNDS WITH MILLENNIUM 1, LTD. IN ORDER TO
PROVIDE FINANCING FOR THE MILLENNIUM BUILDING PROJECT;
AMENDING APPROPRIATION ORDINANCE NO. 239/2020; AND DECLARING
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MINUTES OF THE MEETING JANUARY 25, 2021
THE SAME TO BE AN EMERGENCY ($1,500,000.00 SUPP APPROP FR
UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 200501
GENERAL GOVERNMENT SUPPORT ADMIN – OTHER; $1,500,000.00 SUPP
APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN FUND TO 2175
200501 GENERAL GOVERNMENT SUPPORT ADMIN. – OTHER; $1,500,000.00
INTER FUND ADV FR 1001 GENERAL OPERATING FUND TO 2175
COMPREHENSIVE PLAN FUND)
Referred to Finance Committee
CLERK DOUGHERTY: Mr. President.
PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for the Finance and
Environmental & Public Utilities Committees to meet in regards to Ordinances 2 and 3 on your agenda this
evening. You are now in recess.
(COUNCIL RECESSED AT 7:10 PM FOR THE FINANCE COMMITTEE TO DISCUSS O#2;
RECONVENED AT 7:11 PM)
(COUNCIL RECESSED AT 7:11 PM FOR THE FINANCE COMMITTEE TO DISCUSS O#3;
RECONVENED AT 7:19 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader Smuckler.
MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to place Ordinances 2 and 3 back on
this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 2 and 3 back
on this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Ordinances 2 and 3 are a legal part of your agenda. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules on Ordinances 2 and 3.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 2 and 3.
Are there any remarks? …Hearing none, roll call vote, please.
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NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: You’ve heard the three readings, Leader Smuckler.
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.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#2 ADOPTED AS ORDINANCE NO. 19/2021
PRESIDENT SHERER: Motion carries and Ordinance #2 is 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.
NO REMARKS ROLL CALL 10 YEAS, 2 ABSTENTIONS
(MEMBERS MARIOL & MORRIS ABSTAINED)
CLERK DOUGHERTY: Ten yeas, two abstentions, Mr. President.
#3 ADOPTED AS ORDINANCE NO. 20/2021
PRESIDENT SHERER: Motion carries and Ordinance #3 is adopted.
ORDINANCES AND FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Mr.
Clerk, would you please begin with Ordinance #4.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #4
THROUGH #9 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS (ORDINANCE #9 ADOPTED, AS AMENDED):
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MINUTES OF THE MEETING JANUARY 25, 2021
O#4. (2ND RDG) AN ORDINANCE TO PROVIDE FOR THE ISSUANCE AND SALE OF BOND
ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN AN AGGREGATE
PRINCIPAL AMOUNT NOT TO EXCEED $1,200,000.00 FOR THE PURPOSE OF
PAYING THE COSTS OF CONSTRUCTING, FURNISHING, EQUIPPING AND
OTHERWISE IMPROVING A CITY COMMUNITY CENTER INCLUDING
FACILITIES TO PROVIDE COMMUNITY HEALTH AND RELATED SERVICES
O#5. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO: ADVERTISE, RECEIVE BID, AWARD AND ENTER INTO
CONTRACT FOR THE SALE OF CITY OWNED REAL PROPERTY, NO LONGER
NEEDED FOR MUNICIPAL PURPOSES, LOCATED AT STARK COUNTY
AUDITOR PARCEL NUMBERS 231489, 234120, 206291, 283730 AND 214813 AND
TO ENTER INTO ALL CONTRACTS NECESSARY TO FACILITATE SAID SALES;
AND DECLARING THE SAME TO BE AN EMERGENCY (231489 - 1928 3RD ST SE,
FIRST MENNONITE CH; 234120 - SENECA PL NE, SMHA; 206291 – 7TH ST NE,
SMHA; 283730 & 214813 – LIPPERT RD NE, SMHA)
O#6. (2ND RDG) AN ORDINANCE AUTHORIZING THE REPLACEMENT OF WATERLINE ALONG
SR-172 FROM PERRY DRIVE TO SARATOGA AVE NW AND PERRY DRIVE
FROM 12TH ST SW TO SR-172; AND DECLARING THE SAME TO BE AN
EMERGENCY
O#7. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO NEGOTIATE AND ENTER INTO AGREEMENT FOR PURCHASE OF
PARCEL NO. 213133; AND DECLARING THE SAME TO BE AN EMERGENCY
(VACANT LOT AT SW CORNER OF 15TH ST AND CHERRY AVE NE)
O#8. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO NEGOTIATE AND ENTER INTO AGREEMENT FOR THE
PURCHASE OF PARCEL NO. 5210306; AND DECLARING THE SAME TO BE AN
EMERGENCY
O#9. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 21/2021 A RESOLUTION TO
SUBMIT BEFORE THE ELECTORATE OF THE CITY OF CANTON A 5.0 MILL
LEVY OUTSIDE THE 10 MILL LIMITATION FOR PARKS AND RECREATIONAL
PURPOSES FOR A PERIOD NOT TO EXCEED FIVE YEARS
CLERK DOUGHERTY: Mr. President.
PRESIDENT SHERER: Leader Smuckler.
MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules and Resolute…on um…yeah,
Resolution #9.
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MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Resolution #9. Are
there any remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Got an amendment…
PRESIDENT SHERER: Not yet…(Inaudible).
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries. You’ve heard the three readings, Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #9.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Resolution #9. Are there any remarks?
Leader.
MEMBER SMUCKLER: Mr. President, I move we amend Resolution #9 by the amendment before everyone.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to amend Resolution #9 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 Resolution #9, as amended.
MEMBER BABCOCK: Second.
AMENDMENT
Pursuant to Rule 36, I move to amend Agenda Item No. 9 by the substitution of the attached amended
Ordinance for the original pending Ordinance.
PRESIDENT SHERER: It’s been moved and seconded to adopt Resolution #9 as amended. Are there any
remarks under this Resolution as amended?
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MEMBER HAWK: Mr. President.
PRESIDENT SHERER: Member Hawk.
MEMBER HAWK: This is simply a renewal and I’d like everybody to take a minute and go down and look at
Monument Park and see what’s happened down there. What an absolutely beautiful job they’ve done with our
tax dollars. And I think this is very important to be noted, that they get an awful lot of volunteer work done and
things done at no cost to us because our Park Commissioner works so hard on getting these things and make
them popular for everybody to use. This is a wonderful piece of legislation and we need to pass it and support it
in its entirety. Thank you.
PRESIDENT SHERER: Thank you, Member Hawk and I would totally agree. Are there any additional
remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#9 ADOPTED AS AMENDED AS RESOLUTION NO. 21/2021
PRESIDENT SHERER: The motion carries and Resolution #9, as amended, has been adopted.
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. Mr. Clerk, please begin with Ordinance #10.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #10
THROUGH #12 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
O#10. (3RD RDG) ADOPTED AS ORDINANCE NO. 22/2021 AN ORDINANCE VACATING A
PORTION OF A 12’ ALLEY; APPROVING AND ACCEPTING THE REPLAT OF
LOTS 13241, 13242 AND 20480 AND THE VACATED PORTION OF THE 12’
ALLEY VACATED HEREIN; AND DECLARING THE SAME TO BE AN
EMERGENCY (1508 CLARENDON SW, MICHAEL & ANGELA HOWARD)
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #10.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #10. Are there any remarks?
…Hearing none, roll call vote, please.
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NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#10 ADOPTED AS ORDINANCE NO. 22/2021
PRESIDENT SHERER: Motion carries and Ordinance #10 is adopted. Ordinance #11, please.
O#11. (3RD RDG) ADOPTED AS ORDINANCE NO. 23/2021 AN ORDINANCE VACATING A
PORTION OF OLIVE PLACE NE AND AN UNNAMED 10’ ALLEY; APPROVING
AND ACCEPTING THE REPLAT OF LOTS 14157 THRU 14162 AND LOT 43372
AND THE VACATED PORTIONS OF STREETS VACATED HEREIN; AND
DECLARING THE SAME TO BE AN EMERGENCY (FPT CANTON LAND LLC,
1500 MAPLE AVE NE)
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #11. Are there any remarks?
…Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#11 ADOPTED AS ORDINANCE NO. 23/2021
PRESIDENT SHERER: Motion carries and Ordinance #11 is adopted. Ordinance #12, please.
O#12. (3RD RDG) ADOPTED AS ORDINANCE NO. 24/2021 AN ORDINANCE APPROVING A
CANTON CITY WATER MAIN EXTENSION TO GRACE BAPTIST CHURCH;
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER
INTO ANY AGREEMENTS NECESSARY FOR THE EXTENSION OF SAID
WATER MAIN; AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #12.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #12. Are there any remarks?
…Hearing none, roll call vote, please.
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NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#12 ADOPTED AS ORDINANCE NO. 24/2021
PRESIDENT SHERER: Motion carries and Ordinance #12 is adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under announcement of Committee Meetings.
MEMBER MARIOL: Mr. President.
PRESIDENT SHERER: Member Mariol.
MEMBER MARIOL: Finance will meet February 8th at 6:30 in our Council Chambers.
PRESIDENT SHERER: Thank you, Chairman.
MEMBER SCAGLIONE: Mr. President.
PRESIDENT SHERER: Member Scaglione.
MEMBER SCAGLIONE: Public Property Capital Improvement will meet at 6:30.
PRESIDENT SHERER: Thank you, Chairman.
CLERK DOUGHERTY: Mr. President.
PRESIDENT SHERER: Clerk Dougherty.
CLERK DOUGHERTY: Maureen Austin from the Community Building Partnerships will have a presentation
that evening.
PRESIDENT SHERER: Thank you, Clerk Dougherty.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We’re now under Miscellaneous Business. Is there any Miscellaneous Business for
this evening?
MEMBER MARIOL: Mr. President.
PRESIDENT SHERER: Member Mariol.
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MEMBER MARIOL: Uh…by now, most in this area know that Congressman Gibbs, um…who represents this
area, was one of the shameful Federal leaders who promoted the false claim that the election was stolen and
even after the attempted coup on the Capitol, voted against certifying the election of President Joe Biden. With
his promotion of this election lie and his vote, Bob Gibbs has humiliated himself and the district he is supposed
to represent. He has famed the flames of division with his blatant lies and because of that, Bob Gibbs should be
removed or resign from office. He’s an embarrassment to us all and to himself and I hope the Canton
Repository will join other publications from around the Country in calling out these anti-democracy traitors and
call on his resignation. Thank you, Mr. President.
PRESIDENT SHERER: Thank you, Member Mariol. Is there anything else under Miscellaneous Business?
…Hearing none, Clerk Dougherty, our quote for the week, please.
CLERK DOUGHERTY: “Somewhere along the way, we must learn that there is nothing greater than to do
something for others” – Dr. Martin Luther King, Jr.
PRESIDENT SHERER: Amen to that! Leader.
MEMBER SMUCKLER: Mr. President, I move we adjourn.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: I want to thank everybody for coming tonight and be careful out there. The weather’s
going to get a little bad, but…this meeting is adjourned. (Gavel falls).
ADJOURNMENT TIME: 7:33 PM
ATTEST: 1/26/21 APPROVED:
DAVID R. DOUGHERTY WILLIAM SHERER, II
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM JANUARY 25, 2021
ROLL CALL: All Members Present
MOTION TO EXCUSE MEMBERS: Not Necessary
INVOCATION: Jason Scaglione, Ward 3 Council Member
PLEDGE OF ALLEGIANCE: President Sherer
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1st Rdg O#2 and O#3; 2nd Rdg O#4 – O#9; O#2 and
O#3 Adopted on 1st Rdg; O#9 Adopted as Amended on 2nd Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Kim Bell informed Council that she no longer had an address in Canton because the
landlord where she was living for 14 years refused to renew her lease. She believes that the laws governing evictions are
sloppy, and she asked Law Director Aylward to help her write to her Congressmen regarding the current landlord/tenant laws.
INFORMAL RESOLUTIONS: None
COMMUNICATIONS:
9. AUDITOR MALLONN: STATEMENT OF CASH POSITION (RPT BY FUND) DATED 12/31/20. –
RECEIVED & FILED
10. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR DEC
2020. – RECEIVED & FILED
11. CLERK DOUGHERTY: WITHDRAW OBJECTION TO TRF OF C-1-2 LIQUOR PERMIT FOR 12TH
STREET MARKET LLC, DBA 12TH STREET MARKET, 1100 12TH ST NW
(PERMIT #6547855). – JUDICIARY COMMITTEE
12. DEPUTY MAYOR WILLIAMS: REQ $187,275.00 SUPP APPROP FR UNAPPROP BAL OF 2219
EMERGENCY SHELTER GRANT TO 2219 506001 EMERGENCY SHELTER
GRANT OTHER (ESG PROGRAMS). – FINANCE COMMITTEE
13. DEPUTY MAYOR WILLIAMS: AUTH AUDITOR TO PAY MORAL OB TO RAY BERTOLINI TRUCKING IN
AMT NOT TO EXCEED $34,156.00 FOR DEMO OF 600 15TH ST SW; AUTH
AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. –
FINANCE COMMITTEE
14. LIQUOR CONTROL DIV (OHIO): REQ NEW D5J PERMIT FOR CARPE DIEM COFFEE SHOP, INC., 215
MARKET AVE N (WARD 2). – RECEIVED & FILED
15. MAYOR BERNABEI: AMEND SEC 1305.01(a) OF CHAPTER 1305, BOARD OF BUILDING
APPEALS, OF CANTON CODIFIED ORD TO AMEND MEMBERSHIP AND
COMPOSITION OF BOARD (REDUCE MEMBERS FR 7 TO 5; SIMPLIFY
CATEGORIES OF MEMBERS). – JUDICIARY COMMITTEE
16. MAYOR BERNABEI: AMEND O#189/2020 TO MAKE $2,000,000.00 LOAN TO MILLENNIUM I,
LTD (INSTEAD OF 200 MARKET NORTH LLC), $1,000,000.00 TO ASSIST
IN REFINANCING OF BLDG (RATHER THAN ITS PURCHASE) AND
$1,000,000.00 (STILL FOR TENANT IMPROVEMENTS). – FINANCE
COMMITTEE
17. MAYOR BERNABEI: AUTH GRANT IN AMT OF $25,000.00 TO SUPPORT JOBSOHIO
COMMERCIAL AIR SERVICE FUND (MATCHING GRANT PROG) FOR
PURPOSE OF ASSISTING AKRON-CANTON AIRPORT IN ATTRACTING
NEW CARRIERS AND AIR RTS HEAVILY HURT BY COVID-19. – FINANCE
COMMITTEE
18. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR, SERV DIR AND/OR THEIR DESIGNEE, ON BEHALF OF
CITY OF CANTON, TO APPROPRIATE ESTATE AND/OR INTEREST IN
PROPERTIES DESCRIBED IN EXHIBIT A IN FURTHERANCE OF NE
CANTON INDUSTRIAL PARK PROJ GP 1148 (RT-OF-WAY ACQUISITION,
FINAL STEP); AUTH MAYOR, SERV DIR AND/OR THEIR DESIGNEE TO
MAKE MINISTERIAL CHANGES TO CORRECT PROPERTY OWNER
NAMES, PARCEL NUMBERS AND OTHER NUMERICAL DESCRIPTIVE OR
TYPO ERRORS, SHOULD THEY OCCUR; AUTH AUDITOR TO DRAW
WARRANTS UPON RECEIPT OF VOUCHERS. – PUBLIC SAFETY &
THOROUGHFARES AND FINANCE COMMITTEES
19. SERVICE DIRECTOR HIGHMAN: AUTH AUDITOR TO PAY MORAL OB TO VERIZON WIRELESS IN AMT
NOT TO EXCEED $4,434.01 FOR NOV AND DEC, 2020 BILLS FOR
ACTIVATION OF NEW CELLULAR LINES FOR WATER DEPT’S 43 DATA
COLLECTION UNITS; AUTH AUDITOR TO DRAW WARRANTS UPON
RECEIPT OF VOUCHERS. – FINANCE COMMITTEE
20. STARK CO AUDITOR HAROLD: CERT OF ESTIMATED PROPERTY TAX REVENUE (5.0 MILL LEVY FOR
PARKS & REC, 5/4/21 ELECTION). – RECEIVED & FILED
21. STARK CO COMMISSIONERS: REQ ANNEX OF 6.389 ACRES IN PLAIN TWP TO CITY OF CANTON
(SERVICE CTR, 30TH ST NE). – PLANNING COMMISSION
CANTON CITY COUNCIL PAGE | 2 JANUARY 25, 2021
COMMUNICATIONS CONTINUED:
22. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 12/31/20. – RECEIVED &
FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING:
1ST RDG 1. AUTH MAYOR OR SERV DIR TO ENTER INTO JOINT FACILITY DEVELOPMENT AND USE AGMT WITH
CANTON CITY SCHOOL DISTRICT PURSUANT TO ORC SEC 755.16 AND ORC SEC 3313.59 FOR
UPGRADES TO AND USE OF THURMAN MUNSON MEMORIAL STADIUM; EMERGENCY
Referred to Public Property Capital Improvement and Finance Committees
(COUNCIL RECESSED AT 7:10 PM FOR THE FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEES TO
DISCUSS O#2 AND O#3)
(JOINT COMMITTEES OF FINANCE AND ENVIRONMENTAL & PUBLIC UTILITIES CALLED TO ORDER AT 7:10 PM TO
DISCUSS O#2; ADJOURNED AT 7:11 PM)
19/2021 2. AUTH ESTABLISHMENT OF FAIR MARKET VALUE OF REAL PROPERTY; AUTH MAYOR, SERV DIR
OR THEIR DESIGNEE TO ENTER INTO AGMT FOR PURCHASE/ACQUISITION OR
DONATION/ACQUISITION OF PARCELS FOR FEE SIMPLE TAKES, PERMANENT ROAD RIGHT-OF-
WAY, UTILITY EASEMENTS AND/OR TEMP CONSTRUCTION EASEMENTS FOR 39TH ST NW (STEESE
AREA ROADWAY & DRAINAGE PROJ; PHASE 1) GP 1284; EMERGENCY
Referred to Finance and Environmental & Public Utilities Committees
(FINANCE COMMITTEE CALLED TO ORDER AT 7:11 PM TO DISCUSS O#3; ADJOURNED AT 7:19 PM) (COUNCIL
RECONVENED AT 7:19 PM)
20/2021 3. AUTH MAYOR OR SERV DIR TO ENTER INTO LOAN AGMT IN AMT NOT TO EXCEED $2,000,000.00 OF
ISSUE 13 COMPREHENSIVE FUNDS WITH MILLENNIUM I, LTD IN ORDER TO PROVIDE FINANCING
FOR MILLENNIUM BLDG PROJ; AMEND APPROP O#239/2020; EMERGENCY ($1,500,000.00 SUPP
APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 200501 GENERAL
GOVERNMENT SUPPORT ADMIN – OTHER; $1,500,000.00 SUPP APPROP FR UNAPPROP BAL OF
2175 COMPREHENSIVE PLAN FUND TO 2175 200501 GENERAL GOVERNMENT SUPPORT ADMIN –
OTHER; $1,500,000.00 INTER FUND TRF FR 1001 GENERAL OPERATING FUND TO 2175
COMPREHENSIVE PLAN FUND)
Referred to Finance Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#4 – O#9; O#9 ADOPTED AS AMENDED)
2ND RDG 4. PROVIDE FOR ISSUANCE AND SALE OF BOND ANTICIPATION NOTES, IN ONE OR MORE SERIES, IN
AGGREGATE PRINCIPLE AMT NOT TO EXCEED $1,200,000.00 FOR PURPOSE OF PAYING COSTS OF
CONSTRUCTING, FURNISHING, EQUIPPING AND OTHERWISE IMPROVING CITY COMMUNITY
CENTER, INCLUDING FACILITIES TO PROVIDE COMMUNITY HEALTH AND RELATED SERVICES
(FIN)
2ND RDG 5. AUTH MAYOR OR SERV DIR TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT
FOR SALE OF CITY OWNED REAL PROP, NO LONGER NEEDED FOR MUNICIPAL PURP, LOCATED
AT STARK CO. AUDITOR PARCEL NOS. 231489, 234120, 206291, 283730 AND 214813 AND TO ENTER
INTO CONTRACTS NECESSARY TO FACILITATE SAID SALES; EMERGENCY (231489 - 1928 3RD ST
SE, FIRST MENNONITE CH; 234120 - SENECA PL NE, SMHA; 206291 – 7TH ST NE, SMHA; 283730 &
214813 – LIPPERT RD NE, SMHA) (C&ED & FIN)
2ND RDG 6. AUTH REPLACEMENT OF WATERLINE ALONG SR-172 FR PERRY DRIVE TO SARATOGA AVE NW,
AND PERRY DRIVE FR 12TH ST SW TO SR-172; EMERGENCY (FIN & PS&T)
2ND RDG 7. AUTH MAYOR OR SERV DIR TO NEGOTIATE AND ENTER INTO AGMT FOR PURCH OF PARCEL NO.
213133; EMERGENCY (VACANT LOT AT SW CORNER OF 15TH ST AND CHERRY AVE NE)
(FIN & PS&T)
2ND RDG 8. AUTH MAYOR OR SERV DIR TO NEGOTIATE AND ENTER INTO AGMT FOR PURCH OF PARCEL
#5210306; EMERGENCY (FIN & PPCI)
AMENDED
21/2021 9. RESOLUTION TO SUBMIT BEFORE ELECTORATE OF CITY OF CANTON A 5.0 MILL LEVY OUTSIDE
THE 10 MILL LIMITATION FOR PARKS & REC PURPOSES FOR PERIOD NOT TO EXCEED 5 YRS
(PARKS & REC & FIN)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
22/2021 10. VACATE PORTION OF 12’ ALLEY; APPROVE AND ACCEPT REPLAT OF LOTS 13241, 13242 AND
20480 AND VACATED PORTION OF 12’ ALLEY VACATED HEREIN; EMERGENCY (1508 CLARENDON
SW, MICHAEL & ANGELA HOWARD)
23/2021 11. VACATE PORTION OF OLIVE PLACE NE AND UNNAMED 10’ ALLEY; APPROVE AND ACCEPT REPLAT
OF LOTS 14157 THRU 14162 AND LOT 43372 AND VACATED PORTIONS OF STREETS VACATED
HEREIN; EMERGENCY (FPT CANTON LAND LLC, 1500 MAPLE AVE NE)
CANTON CITY COUNCIL PAGE | 3 JANUARY 25, 2021
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED:
24/2021 12. APPROVE CANTON CITY WATER MAIN EXTENSION TO GRACE BAPTIST CHURCH; AUTH MAYOR
OR SERV DIR TO ENTER INTO ANY AGMTS NECESSARY FOR EXTENSION OF SAID WATER MAIN;
EMERGENCY
ANNOUNCEMENT OF COMMITTEE MEETINGS:
MONDAY, FEBRUARY 8, 2021 in Council Caucus Room @ 6:30 PM
1) Finance Committee
2) Public Property Capital Improvement Committee
Presentation – Maureen Austin of Community Building Partnership
MISCELLANEOUS BUSINESS: Member Mariol stated that Congressman Gibbs, who represents the Canton area, was one
of the Federal leaders who promoted the false claim of an unfair election and voted against certifying the election of President
Biden. He feels Congressman Gibbs has humiliated himself as well as the district he represents and that he should be
removed from office. He urged the Canton Repository to join other publications around the country in calling out such anti-
democracy traitors and call for his resignation.
QUOTE OF THE WEEK: “Somewhere along the way, we must learn that there is nothing greater than to do something for
others.” –Dr. Martin Luther King, Jr.
ADJOURNMENT: 7:33 PM
THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, FEBRUARY 8, 2021 @ 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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