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City Council

Regular Meeting

Canton, OH · January 25, 2021

AgendaMinutes

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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 27 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 28 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 COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 29 MINUTES OF THE MEETING JANUARY 25, 2021 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 COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 30 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 31 MINUTES OF THE MEETING JANUARY 25, 2021 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): COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 32 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 33 MINUTES OF THE MEETING JANUARY 25, 2021 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? COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 34 MINUTES OF THE MEETING JANUARY 25, 2021 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 35 MINUTES OF THE MEETING JANUARY 25, 2021 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 36 MINUTES OF THE MEETING JANUARY 25, 2021 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. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 37 MINUTES OF THE MEETING JANUARY 25, 2021 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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