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City Council

Regular Meeting

Canton, OH · December 6, 2021

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 468 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: Good evening, ladies and gentlemen and welcome to Canton City Council. If everyone would please turn their cellphones to vibrate and we are also encouraging social distancing here in Council Chambers. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call please, Madam 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. CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: Tonight’s invocation will be given by Ward 4 Council Member, Chris Smith. If you would all please stand and remain standing for the Pledge of Allegiance. The regular meeting of Canton City Council was held on December 6, 2021 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council, Jill M. Wood. The invocation was given by Ward 4 Council Member, Chris Smith. The Pledge of Allegiance was led by President Sherer. PRESIDENT SHERER: Thank you, Member Smith. AGENDA CORRECTIONS AND CHANGES PRESIDENT SHERER: We are now under Agenda…Agenda Corrections and Changes. Leader. MEMBER SMUCKLER: Mr. President, I move Rule 22A be suspended to add 2nd Readings of Ordinances 10 and 11 to this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings to Ordinances 10 and 11 to this evening’s agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 10 and 11 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. OLD BUSINESS PRESIDENT SHERER: We are now under Old Business and we have no Old Business for this evening. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 469 MINUTES OF THE MEETING DECEMBER 6, 2021 PUBLIC SPEAKS PRESIDENT SHERER: Okay. We are now under Public Speaks and we have one speaker for this evening, our only speaker is Ms. Kimberly Bell. Ms. Bell could you please step forward and give us your name and resi…residential address, please. KIMBERLY BELL: Um yes, my name is Kimberly Bell, 1733 Morris Ave. NE, Canton. PRESIDENT SHERER: And you’re more than welcome to take your mask off while you are speaking, Ms. Bell. KIMBERLY BELL: 1733 Morris Ave. First I.. I had Jill pass out these colorful folders for you guys. This was for the uh… the uh… document that I didn’t have enough ink to make copies for. So, yall got the… for the letter you got but you didn’t get the uh… the actual documents I was talking about in that letter. So that’s all on that. So, my life, um… I was here last Thursday to give Jill, I was in City Hall to give Jill the pamphlet and to see if she got the… got a package so you guys could get them in your mailbox, well she didn’t. So I was leaving out the building to go get the pamphlet and I’m just wandering around and then two bailiffs approach me. Kim, we have a warrant for your arrest. I got on heels and I’m walking. What for? And I’m still walking. Kim we have a warrant for your arrest. For what? So they take me to the back of the police depart… the courtroom, place me under arrest, and that’s what the pamphlet is for. My mugshot is spread all over the internet, for a crime that wasn’t a crime. How you gone stop… how you gone arrest me for robbing the bank and I caught the robber. You… You… You… I mean it was just the… the investigation was… was sloppy, if there was, if he did investigate… gate and again, Officer Diels. Who has… who you guys… whoever the police dep… whichever… whoever was… the Captain or whatever, that took his dog, because he was using his dog as a weapon, on black peop… black men he was encountering or arresting. So they took his dog, so now he’s using false charges to get us. We black people have a target on our back eit…whatever we do. Here I did something I thought was… was good, which actually got me arrested, thrown in jail, and how can we ever trust the pol… how can black people ever trust the police, when you doing something like this. I mean, at this point, you… I… I…I just…you just got to get him of the force. I mean he crossed the line this time, you just don’t do this to people and that… that… that’s doing something that trying to make a change. I changed my life and… and I got more respect when I was in the street than I do now. I mean I went to school, I went…I bea… I became a paralegal, I worked for the president of the bar, I worked for Baker Dublikar. What do you want… what do they want from me? I mean what… what do you want? PRESIDENT SHERER: Thank You Ms. Bell. INFORMAL RESOLUTIONS PRESIDENT SHERER: We are now under Informal Resolutions and we have five for this evening. Madam Clerk, would you please read Informal Resolution #40, by title. 40. COUNCIL-AS-A-WHOLE: COMMEND DAVID KIRVEN FOR HIS SERVICE ON BEHALF OF UA LOCAL UNION 94 AND EAST CENTRAL OHIO BUILDING AND CONSTRUCTION TRADES COUNCIL. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Informal Resolution #40. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 470 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #40. Are there any remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #40 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #40 is adopted. Informal Resolution #41, please. 41. MAJORITY LEADER SMUCKLER: AUTH AND DIRECT SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $37,812.58 TO XYLEM DEWATERING SOLUTIONS, INC. FOR PURCH OF BYPASS PUMP AND APPURTENANCES. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #41. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Reso…lution #41. Are there any remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #41 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #41 is adopted. Informal Resolution #42, please. 42. PERSONNEL COMMITTEE: CONFIRM REAPPT OF JOHN GIUA TO INCOME TAX REVIEW BOARD COMMENCING 1/1/22 TO 12/31/23. – ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #42. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #42. Are there any remarks? …Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #42 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #42 is adopted. Informal Resolution #43, please. 43. PERSONNEL COMMITTEE: CONFIRM REAPPT OF DARREN MAYLE TO INCOME TAX REVIEW BOARD COMMENCING 1/1/22 TO 12/31/23. - ADOPTED PRESIDENT SHERER: Leader. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 471 MINUTES OF THE MEETING DECEMBER 6, 2021 MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #43. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #43. Are there any remarks? …Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #43 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #43 is adopted. Informal Resolution #44, please 44. PERSONNEL COMMITTEE: APPOINT TIMOTHY DUNBAR, JR. TO ADMINISTRATIVE ASSISTANT V POSITION IN CANTON CITY COUNCIL OFFICE. - ADOPTED PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #44. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #44. Are there any remarks? I would like to say that we are looking forward to working with you Mr… Mr. Dunbar, I think he has a lot of potential and the thing that sold me was that you were looking for a career, so. ADMIN ASST DUNBAR: Thank you. PRESIDENT SHERER: Are there any additional remarks?... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #44 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #44 is adopted and welcome aboard. (Applause) PRESIDFENT SHERER: Now we can get our hands dirty. 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. 406. AGENT FOR PETITIONER WILLIAMS: COPY OF ANNEXATION PETITION DOCUMENTS FILED WITH STARK COUNTY COMMISSIONERS FOR THE AMBAFLEX 2021 ANNEXATION COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 472 MINUTES OF THE MEETING DECEMBER 6, 2021 (APPROX 3.903 ACRES IN CANTON TWP). – RECEIVED & FILED 407. AGENT FOR PETITIONER WILLIAMS: COPY OF ANNEXATION PETITION DOCUMENTS FILED WITH STARK COUNTY COMMISSIONERS FOR THE 4595 KIRBY AVE NE ANNEXATION (APPROX 2.755 ACRES IN PLAIN TWP. – RECEIVED & FILED 408. ANNEXATION CHAIRMAN HAWK: REQ LEGISLATION FOR STATEMENT OF SERVICES FOR THE AMBAFLEX 2021 ANNEXATION. – ANNEXATION COMMITTEE 409. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 11/30/21. – RECEIVED & FILED 410. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 11/30/21. – RECEIVED & FILED 411. LIQUOR CONTROL DIV (OHIO): REQ NEW C1 PERMIT FOR DOLGEN MIDWEST LLC, DBA DOLLAR GENERAL STORE 22553, 2121 CLEVELAND AVE NW, WARD 7. – RECEIVED & FILED 412. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1, C2 PERMIT FROM WIRELESS OUTLET LLC, DBA RED CIRCLE WIRELESS, 1816 CLEVELAND AVE NW TO SFHAM LLC, CLEVELAND AVE MINI MART, 1816 CLEVELAND AVE NW, WARD 9. – RECEIVED & FILED 413. MAJORITY LEADER SMUCKLER, LAW DIRECTOR BATES AYLWARD: REQ LEGISLATION TO RE-DIVIDE CANTON CITY WARDS WHERE DEVIATION IS GREATER THAN 10% IN FAIR MANNER WITH LEAST DISRUPTION AS POSSIBLE (WITHIN 90 DAYS OF OCTOBER 1 OF DECENNIAL CENSUS YEAR PER ORC 731.06(A)(1). – JUDICIARY COMMITTEE 414. MAYOR BERNABEI: APPROVE REAPPT OF MS. MAUREEN AUSTIN AS PUBLIC APPOINTEE TO STARK COUNTY REGIONAL PLANNING COMMISSION COMMENCING 1/1/22 TO 12/31/23. – PERSONNEL COMMITTEE 415. MAYOR BERNABEI: ADVISE OF REAPPT OF MS. NENYA ROSS TO STARK METROPOLITAN HOUSING AUTHORITY BOARD OF COMMISSIONERS COMMENCING 2/1/22 TO 1/31/27. – RECEIVED & FILED 416. MAYOR BERNABEI: AUTH MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES TO RECEIVE 3% COST OF LIVING RAISE AS OF 1/1/22; AMEND O#100/2011, AS AMENDED, TO INCREASE SALARY MINS AND MAXS OF ALL SALARIED AND NON-BARGAINING EMPLOYEES BY 3% TO ACCT FOR THESE INCREASES. – PERSONNEL AND FINANCE COMMITTEES 417. SERVICE DIRECTOR HIGHMAN: AUTH SERV DIR TO OPEN PURCH ORDER IN AMT OF $37,812.58 TO XYLEM DEWATERING SOLUTIONS, INC. FOR PURCH OF BYPASS PUMP AND COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 473 MINUTES OF THE MEETING DECEMBER 6, 2021 RELATED APPURTENANCES. – RECEIVED & FILED 418. SERVICE DIRECTOR HIGHMAN: DECLARE INTENT OF CITY OF CANTON TO APPROPRIATE ESTATES AND/OR INTERESTS IN PROPERTIES DESCRIBED IN EXHIBIT A, FOR PURPOSES ALSO DESCRIBED IN SAID EXHIBIT, IN FURTHERANCE OF CONSTRUCTION OF COLONIAL BLVD NE RECONSTRUCTION PROJ (PHASE 1, GP 1206, PID 11059) AND IN ACCORDANCE WITH PLANS ON FILE IN CANTON CITY ENGINEER’S OFFICE; AUTH MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO MAKE MINISTERIAL CHANGES TO ANY AND ALL DOCUMENTS RELATED TO PROJ BY CORRECTING ANY AND ALL NUMERICAL, DESCRIPTIVE OR TYPO ERRORS THAT MAY OCCUR, INCLUDING ERRORS RELATED TO PROPERTY OWNERS NAMES AND PARCEL NOS; EMERGENCY. – PUBLIC SAFETY & THOROUGHFARES COMMITTEE 419. SERVICE DIRECTOR HIGHMAN, SAFETY DIRECTOR PERRY: RATIFY TENTATIVE AGMT BETWEEN CITY OF CANTON AND AFSCME LOCAL 3449; EMERGENCY. – PERSONNEL COMMITTEE 420. SERVICE DIRECTOR HIGHMAN, SAFETY DIRECTOR PERRY: RATIFY TENTATIVE AGMT BETWEEN CITY OF CANTON AND AFSCME LOCAL 2937; EMERGENCY (EFFECTIVE 1/1/22 TO 12/31/22). – PERSONNEL COMMITTEE ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk would you please begin with Ordinance No. 1. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCES #1 THROUGH 9 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A LOAN AGREEMENT, AND ANY OTHER RELATED AGREEMENTS, IN AN AMOUNT NOT TO EXCEED $200,000.00 OF ISSUE 13 COMPREHENSIVE FUNDS WITH ONE AEP COMPANY, LLC IN ORDER TO PROVIDE GAP FINANCING FOR A RENOVATION PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY (420 4TH ST. NW) Referred to Finance Committee O#2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($521.80 APPROP TRF FR 2185 871002 INNOVATION DISTRICT TIF – OTHER TO 2185 871001 HISTORIC ONESTO TIF – OTHER; $1,500.00 APPROP TRF FR 5601 205001 REFUSE ADMIN – PERSONNEL TO 5601 201001 SERVICE DIRECTOR ADMIN – PERSONNEL; $130,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102055 POLICE ADMIN – PERSONNEL - $60,000.00, TO 1001 103001 FIRE ADMIN – PERSONNEL - $50,000.00, TO 1001 753001 LAW ADMIN – PERSONNEL - $20,000.00; $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 474 MINUTES OF THE MEETING DECEMBER 6, 2021 WATER OPERATING FUND TO 5201 207001 WATER ADMIN – PERSONNEL; $2,500.00 SUPP APPROP FR UNAPPROP BAL OF $2,500.00 TO 5410 201201 PURCHASING ADMIN – PERSONNEL) (ADDT’L OUT OF BALANCE ACCTS) Referred to Finance Committee O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO A SANITARY SEWER JOINT USE/BILLING AGREEMENT WITH THE BOARD OF STARK COUNTY COMMISSIONERS AND THE CITY OF NORTH CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Environmental & Public Utilities and Finance Committees O#4. (1ST RDG) ADOPTED AS ORDINANCE NO. 250/2021 A FINAL RESOLUTION ADOPTING PLANS, AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO COOPERATE WITH AND REQUEST THE DIRECTOR OF TRANSPORTATION TO PROCEED WITH RESURFACING U.S. 30 BETWEEN JUST EAST OF WARNER ROAD AND LINCOLN STREET E (S.R. 172) AND WAYNESBURG DRIVE SE (S.R. 43) AT THE U.S. 30 INTERCHANGE, INCLUDING MINOR BRIDGE WORK TO EIGHT (8) STRUCTURES AND PAVEMENT MARKINGS LYING WITHIN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee O#5. (1ST RDG) ADOPTED AS ORDINANCE NO. 251/2021 AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO, FOR FISCAL YEAR 2022; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee O#6. (1ST RDG) ADOPTED AS ORDINANCE NO. 252/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO SET THE SALARY OF THE CURRENT ASSISTANT SUPERINTENDENT OF PUBLIC WORKS AT $85,000.00 ANNUALLY PRIOR TO ANY POTENTIAL 2022 COST OF LIVING ADJUSTMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY (ADAM MELEGARI) Referred to Personnel Committee O#7. (1ST RDG) ADOPTED AS ORDINANCE NO. 253/2021 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE AMBAFLEX 2021 ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee O#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 254/2021 AN ORDINANCE APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFSCME LOCAL 3449 AND OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 475 MINUTES OF THE MEETING DECEMBER 6, 2021 Referred to Personnel Committee O#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 255/2021 AN ORDINANCE APPROVING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND AFSCME LOCAL 2937 AND OHIO COUNCIL 8; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee PRESIDENT SHERER: At this time, the Chair would declare an in-house recess for the Public Property Capital Improvement, Finance, Personnel and Annexation Committees to meet in regard to Ordinances 4 through 9 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:14 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT, FINANCE, PERSONNEL AND ANNEXATION COMMITTEES TO DISCUSS ORDINANCE #4 THROUGH ORDINANCE #9; RECONVENED AT 7:29 PM) PRESIDENT SHERER: Council is reconvening after the recess. Leader. MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to pla… place Ordinances 4 through 9 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 4 through 9 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 WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: The motion carries and Ordinances 4 through 9 are a legal part of your agenda. Leader. MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules on Ordinances 4 through 9. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been…There’s a motion to suspend the Statutory Rules on 4 through 9. Are there any remarks? …Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: You’ve heard the three readings, Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #4. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 476 MINUTES OF THE MEETING DECEMBER 6, 2021 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. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #4 ADOPTED AS ORDINANCE NO. 250/2021 PRESIDENT SHERER: The motion carries and Ordinance #4 is adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #5. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #5. Are there any remarks under this Ordinance? MEMBER MORRIS: Mr. President? PRESIDENT SHERER: Member Morris. MEMBER MORRIS: If I may, Finance Director… quick question for you. We are on #5 correct? PRESIDENT SHERER: Yes. MEMBER MORRIS: Okay. Final budget in… 2021 was $64 million-dollars, amended budget increased by an additional $11 million dollars, temporary budget dropped back down $11 million dollars. What is $11 million dollars discrepancy between your final budget in 2021, your amended budget in 2021, and then why does it return back to the original amount that you start out in 2021? MEMBER SMUCKLER: Mr… Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: Um, can I make the amendment first, and then. MEMBER MORRIS: Okay, sorry. MEMBER SMUCKLER: That’s alright… Mr. President, I move we amend Ordinance #5 before the amendment before every councilman. MEMBER BABCOCK: Second PRESIDENT SHERER: It’s been moved and second to amend Ordinance #5 per the copy before each of you. Are there any remarks? Member Morris. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 477 MINUTES OF THE MEETING DECEMBER 6, 2021 FINANCE DIRECTOR CROUSE: Uh, the… the main difference for our… from our 2021 high balance uh budget till 2022 is the $5 million dollars we put aside for the Shorb area. The $3.2 million dollars we put aside for the um… baseball stadium, Thurman Munson Stadium and then the dollars we set aside for the summer youth employment program that we did this summer. Those make up the majority of that… that difference, that’s like $9 million dollars right there. PRESIDENT SHERER: Member Morris. MEMBER MORRIS: Wouldn’t the remaining million dollars carryover to the 2022 temporary budget, since you have yet to spend it. FINANCE DIRECTOR CROUSE: We… We have a lot… We have majority of that under a PO so, once you have it under a PO you don’t need to bring it over to the new year. One other thing I forgot to say, is that we had set aside $1.5 million –dollars in the budget this year for the Parks in case their levies didn’t pass, and that is no longer in the budget for 2022 because the levy passed. So the only piece of that we have is the $140 thousand dollars that we use, to set aside for the 27th pay that occurs every so many years. Okay, Thank you. PRESIDENT SHERER: Are they any additional 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 #5, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 5 by the substitution of the attached amended exhibits for the original pending exhibits. PRESIDENT SHERER: PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #5, as amended. Are there any remarks under this Ordinance, as amended? …Hearing none, roll call vote, please. ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #5 ADOPTED AS AMENDED AS ORDINANCE NO. 251/2021 PRESIDENT SHERER: The motion carries and Ordinance #5, as amended, has been adopted. Leader. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 478 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #6. Are there any remarks under this Ordinance? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #6 ADOPTED AS ORDINANCE NO. 252/2021 PRESIDENT SHERER: The motion carries and Ordinance #6 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 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #7 ADOPTED AS ORDINANCE NO. 253/2021 PRESIDENT SHERER: The motion carries and Ordinance #7 is 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, 1 ABSTAIN (MEMBER MARIOL ABSTAINED) CLERK WOOD: Eleven yeas, one abstention, Mr. President. #8 ADOPTED AS ORDINANCE NO. 254/2021 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 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 479 MINUTES OF THE MEETING DECEMBER 6, 2021 #9 ADOPTED AS ORDINANCE NO. 255/2021 PRESIDENT SHERER: The motion carries and Ordinance #9 has been adopted. ORDINANCES AND FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, would you please begin with Ordinance #10. NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ O#10 AND O#11 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#10. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO AGREEMENT FOR AND ACCEPT $51,314.00 IN GRANT FUNDS FROM THE OFFICE OF JUSTICE PROGRAM, BUREAU OF JUSTICE ASSISTANCE; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF TECHNOLOGY APPLICATION FOR MESSAGING FOR SPIDR TECH SOFTWARE FOR THE POLICE DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID SOFTWARE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO RENAME FUND 2427 BYRNE MEMORIAL MEDIATION FUND TO 2427 FY 21 EDWARD BYRNE MEMORIAL GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($51,314.00 SUPP APPROP FR UNAPPROP BAL OF 2427 FY21 EDWARD BYRNE MEMORIAL GRANT FUND TO 2427 102001 POLICE ADMIN – OTHER) O#11. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO: ENTER INTO AGREEMENT FOR AND ACCEPT $34,880.00 IN GRANT FUNDS FROM THE OFFICE OF JUSTICE PROGRAM, BUREAU OF JUSTICE ASSISTANCE; AUTHORIZING THE AUDITOR TO RENAME FUND 2428 CONVENTION CTR FEASIBILITY GRANT FUND TO 2428 2021 BULLETPROOF VEST PARTNERSHIP FUNDS; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCHASE OF NATIONAL INSTITUTE OF JUSTICE COMPLIANT ARMORED VESTS FOR THE POLICE DEPARTMENT; OR TO ALTERNATIVELY PURCHASE SAID ITEMS IN ACCORDANCE WITH OHIO REVISED CODE OR THE CANTON CODIFIED ORDINANCES; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($34,880.00 SUPP APPROP FR UNAPPROP BAL OF 2428 CONVENTION CTR FEASIBILITY GRANT FUND TO 2428 102001 POLICE ADMIN – OTHER; $34,880.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATIVE – OTHER; $34,880.00 INTER-FUND TRANSFER FR 1001 102001 POLICE ADMINISTRATIVE – ADVANCE OUT TO 2428 102001 POLICE ADMINISTRATIVE – ADVANCE IN) 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. Madam Clerk, would you please begin with Ordinance #12. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 480 MINUTES OF THE MEETING DECEMBER 6, 2021 NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCE #12 THROUGH ORDINANCE #17 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#12. (3RD RDG) ADOPTED AS ORDINANCE NO. 256/2021 AN ORDINANCE AUTHORIZING THE CANTON MUNICIPAL COURT TO ENTER INTO ALL CONTRACTS AUTHORIZED BY LAW FOR THE DESIGN/BUILD OF THE JUDGES CORRIDOR RESTROOM PROJECT IN AN AMOUNT NOT TO EXCEED $300,000.00; AMENDING APPOPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($300,000.00 SUPP APPROP FR UNAPPROP BAL OF THE 2423 COURT CAPITAL/SPECIAL PROJECTS FUND TO 2423 701001 COURT CAPITAL/SPECIAL PROJECTS – OTHER) PRESIDENT SHERER: Leader Smuckler. 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. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #12 ADOPTED AS ORDINANCE NO. 256/2021 PRESIDENT SHERER: Motion carries and Ordinance #12 is adopted. Ordinance #13, please. O#13. (3RD RDG) ADOPTED AS ORDINANCE NO. 257/2021 AN ORDINANCE AUTHORIZING THE AUDITOR TO CREATE THE 2330 PUBLIC HEALTH WORKFORCE GRANT FUND; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AND DECLARING THE SAME TO BE AN EMERGENCY ($10,000.00 INTER-ADVANCE FR 7601 301001 HEALTH – ADMINISTRATION – OTHER ADVANCE OUT TO 2330 301001 PUBLIC HEALTH WORKFORCE GRANT UNAPPROP BAL; $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 2330 PUBLIC HEALTH WORKFORCE GRANT TO 2330 301001 PUBLIC HEALTH WORKFORCE GRANT – 600 PERSONNEL - $3,000.00, - 700 OTHER - $7,000.00) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #13. Are there any remarks? …Hearing none, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 481 MINUTES OF THE MEETING DECEMBER 6, 2021 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #13 ADOPTED AS ORDINANCE NO. 257/2021 PRESIDENT SHERER: Motion carries and Ordinance #13 is adopted. Ordinance #14, please. O#14. (3RD RDG) ADOPTED AS ORDINANCE NO. 258/2021 AN ORDINANCE WAIVING THE REQUIREMENTS OF ORDINANCE SECTION 151.14, CREDITED BENEFITS AND AUTHORIZING THE TRANSFER OF 700 HOURS OF SICK TIME TO BE CREDITED TO DANIEL GRAVILA; AND DECLARING THE SAME TO BE AN EMERGENCY (GENERAL MAINTENANCE FOREMAN – EFFECTIVE 7/27/21) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt uh…Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #14. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #14 ADOPTED AS ORDINANCE NO. 258/2021 PRESIDENT SHERER: Motion carries and Ordinance #14 is adopted. Ordinance #15, please. O#15. (3RD RDG) ADOPTED AS ORDINANCE NO. 259/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT WITH SMG FOR THE MANAGEMENT OF THE CANTON MEMORIAL CIVIC CENTER; AND DECLARING THE SAME TO BE AN EMERGENCY (CURRENT CONTRACT EXPIRES 12/31/21) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #15. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #15 ADOPTED AS ORDINANCE NO. 259/2021 COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 482 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: Motion carries and Ordinance #15 is adopted. Ordinance #16, please. O#16. (3RD RDG) ADOPTED AS ORDINANCE NO. 260/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE A CONSTRUCTION CONTRACT FOR THE NORTHEAST WATER TREATMENT PLANT OFFICE REMODEL PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #16. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 260/2021 PRESIDENT SHERER: Motion carries and Ordinance #16 is adopted. Ordinance #17, please. O#17. (3RD RDG) ADOPTED AS ORDINANCE NO. 261/2021 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO CONTRACT CHANGE ORDER #2 OF THE 12TH STREET NW WATER MAIN REPLACEMENT PROJECT WITH WENGER EXCAVATING, INC. IN AN ADDITIONAL AMOUNT NOT TO EXCEED $36,261.56; AMENDING APPROPRIATION ORDINANCE NO. 49/2021; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS AS PART OF THIS CHANGE ORDER; AND DECLARING THE SAME TO BE AN EMERGENCY ($36,261.56 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207071 12TH STREET NW WATER MAIN REPLACEMENT PROJECT – OTHER) PRESIDENT SHERER: Leader Smuckler. MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #17. MEMBER BABCOCK: Second. PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #17. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 261/2021 COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 483 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: Motion carries and Ordinance #17 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SHERER: We are now under announcement of Committee Meetings. Our next meeting date will be December 20, 2021 at 6:30 p.m. MEMBER MARIOL: Mr. President. PRESIDENT SHERER: Member Mariol. MEMBER MARIOL: Finance will meet December 20th, at 6:00 P.M. (MEMBER MARIOL CALLED INCORRECT TIME. SHOULD HAVE CALLED 6:30 P.M.), here in Council Chambers, Thank You. PRESIDENT SHERER: Thank you, Member Mariol. MEMBER BABCOCK: Mr. President. PRESIDENT SHERER: Member Babcock. MEMBER BABCOCK: Personnel will meet, same time, same place. PRESIDENT SHERER: Thank you Member Babcock. MEMBER FISHER: Mr. President. PRESIDENT SHERER: Member Fisher. MEMBER FISHER: Environmental & Public Utilities will meet… December 20th, at 6:30. PRESIDENTY SHERER: Thank you, Member Fisher. MISCELLANEOUS BUSINESS PRESIDENT SHERER: We are now under any Miscellaneous Business. Is there any Miscellaneous Business for this evening? MEMBER SMITH: Mr. President. PRESIDENT SHERER: Member Smith. MEMBER SMITH: I would like to invite everyone to the Southeast Community Center on uh…December the 18th. We will be having our Unforgettable Christmas #2, again. Uh… we would like to have volunteers, if you would like to support in any type of way, please see me. And also, we have adopted 13 families, 8 of them were families that lost everything they had in the fire that was at Skyline Terrace and we also went to Canton City Schools and adopted 3 more families. So uh… any type of support we appreciate it and I would to thank those council members that have supported thus far. Thank you. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 484 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: Thank you Member Smith…Is there any other miscellaneous business?... Mayor Bernabei. MAYOR BERNABEI: Mr. President…(coughs) members of council (clears throat)...I have two things… Chris and/or Fonda do you want to announce the specifics on this coming Saturday. That is the Canton Out of Canton um… Christmas turkey and… and food giveaway at the Southeast Community Center. DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT SHERER: Deputy Mayor. DEPUTY MAYOR WILLIAMS: Mr. President, members of the Council, I can’t believe Chris Smith was going not announce this but um… I will do it. Uh… the Canton Outside of Canton group uh… is a group of former athletes from Canton, Ohio uh… who have taking the opportunity to give back to their community. Uh… Last year they did a tremendous uh… food giveaway in conjunction with Diane Robinson, CEO of the Canton… Stark County, excuse me… Stark County Urban League. Uh… I believe they fed well over 8,000 uh… families, 12,000 excuses me whoa, excuse me so… 12,000 Member Smith. 12,000 uh… families were fed. This Saturday, starting at 11am, uh… that same group Canton Outside of Canton will be back uh… to feed numerous, numerous families. It will take place at St.Paul’s AME 1800 East Tusc, 11 o’clock. There’s already well over 75 volunteers that have signed up. Last year many members of City Council participated. Uh … you’re most certainly welcomed to volunteer again this Saturday. They ask that you be there roughly around 9:30-10:00 o’clock. There’s a lot of traffic, so I would uh… employ you to get their early to help volunteer and to serve the needy. Thank you. PRESIDENT SHERER: Thank you, Deputy Mayor. Mayor Bernabei. MAYOR BERNABEI: (CLEARS THROAT) And I also wanted to announce that there will be an informational meeting, this is informational only, this Thursday evening at Malone University. This concerns the purposed planning of a… and Fonda if you can tell me how many units. DEPUTY MAYOR WILLIAMS: Excuse me uh… Mr. President, members of the Council, this is a purposed housing… senior housing development that will hopefully take place uh… behind the Jewish Center. This will be 50 units of senior housing. As Mayor Berna…Bernabei indicated we will have an informational meeting, this Thursday at 6 pm, at Malone University within the Silk Auditorium. Uh… if you are familiar with the campus, Silk Auditorium is very, very easy to find. Uh… in order for this project to move forward, a zone change will be needed. The project is slated to go to the Planning Commission on December 14, but again we wanted to have a informational meeting with residents prior to it even going to Planning Commission. All are invited, again this Thursday 6 pm, Malone University Silk Auditorium. Uh… (CLEARS THROAT) The only caution is Malone, at this time, the Silk Auditorium can only handle approximately 125 people but we will have a link and we will send that link out to both neighborhood associations, Ridgewood and Market Heights. So, if you can’t physically attend you can zoom in. Thank You. MAYOR BERNABEI: (CLEARS THROAT) Mr. President uh… so again this will come back to City Council a… as it moves forward, it will go to Planning Commission back to Council. There’s a tax credit uh… application associated with it so, this is sometime into the future. Uh… for Member Morris and Market Heights, just to clarify, the meeting was just scheduled today. It’s finalization I just sent earlier tonight when I was on break, an email to yourself and to the Market Heights President with the uh…with the uh… attachments to that email showing this and the scheduling. And so I believe that Jonathan will be sending it out to the Market COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 485 MINUTES OF THE MEETING DECEMBER 6, 2021 Heights membership and so forth. Uh … Member Mariol I think that you have received a copy of that early today. PRESIDENT SHERER: Thank you Mayor Bernabei and thank you Deputy Mayor… Is there any other Miscellaneous Business for this evening? MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader Smuckler MEMBER SMUCKLER: Um... Before we get into the further council business, I want to… bring to the attention of the council members that were not there but happened to read the newspaper article or the… Facebook pages that uh… continue the folly of what happened the other night at Light Up Downtown. And uh… after speaking to the Mayor, he issued a press releases about the… problems that we have with perception of the Downtown area that increase two-fold again. And those of us who were there, know that this was… um… people who don’t know how to use guns, people who should have no business carrying guns, that decided to fire the gun off into the night with three shots with all those families down there. And I took a video of the families down there, it was just incredible at the uh… Centennial Plaza. And unfortunately we have some pretty stupid people in this town. That are… because the following day at First Friday, there wasn’t much of a crowd and it’s probably because of the… weather and the perception of what happens when you fire a gun in an area that’s already considered to be… um some problems and it gave our city a black eye, undeservedly and I hope we can move on to a uh… better time for the downtown area because it was absolutely wonderful what happened that night… Mr President I’d like to suspend rule 10 in the rule book, uh… so we can go into… CLERK WOOD: Excuse me… MEMBER SMUCKLER: Executive… discuss… Executive Session. How am I doing Jill? CLERK WOOD: You’re doing okay. MEMBER SMUCKLER: Okay (LAUGHS). So we can go into… I’ve done this once or twice before… So we can go into Executive Session to discuss an Organizational Meeting for the next Council. That will include the Law Director and the Clerk of Council and the… let me get this right now… uh… 2022…20… and the 2023 Council members. (WHISPERS SECOND) MEMBER BABCOCK: Sec… Second PRESIDENT SHERER: Motion’s been made and seconded to go into executive session… Rol… Roll. MEMBER SMUCKLER: And to wave the council rule. PRESIDENT SHERER: And to wave… Coun…rule 10. MEMBER SMUCKLER: YES PRESIDENT SHERER: Correct. MEMBER SMUCKLER Correct. COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 486 MINUTES OF THE MEETING DECEMBER 6, 2021 PRESIDENT SHERER: Roll call please, Madam Clerk. LAW DIRECTOR AYLWARD: Those should be separate. MEMBER SMUCKLER: You want them to be separate? Okay, I make a motion to wave rule 10 for an organizational meeting. MEMBER BABCOCK: Second. PRESIDENT SHERER: Motion’s made and seconded to wave rule 10. Is there any discussion? Roll call please Madam Clerk. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK WOOD: Twelve yeas, Mr. President. PRESIDENT SHERER: Motion carries. MEMBER SMUCKLER: Mr. President. PRESIDENT SHERER: Leader. MEMBER SMUCKLER: I move we go into Executive Session with the Law Director, the 2022-2023 City Council and our Clerk of Council… To discuss an Organizational Meeting. MEMBER BABCOCK: Second. PRESIDENT SHERER: Motion been made and seconded to go into Executive Session… Executive Session. Leader. (Council Recessed for Executive Session 7:57 P.M. Reconvenes 8:44 P.M.) MEMBER SMUCKLER: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT SHERER: And… Motion and seconded to adjourn. Roll call please Madam Clerk. NO REMARKS ROLL CALL 11 YEAS, 1 ABSENT CLERK WOOD: Eleven yeas, Mr. President. PRESIDENT SHERER: This meeting is adjourned. (Gavel falls). ADJOURNMENT TIME: 8:45 P.M COUNCIL PROCEEDINGS JOURNAL 109 JOURNAL PAGE 487 MINUTES OF THE MEETING DECEMBER 6, 2021 ATTEST: APPROVED: JILL M. WOOD WILLIAM SHERER CLERK OF COUNCIL PRESIDENT

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:00 PM DECEMBER 6, 2021 ROLL CALL: All Members Present MOTION TO EXCUSE MEMBERS: Not Necessary INVOCATION: Chris Smith, Ward 4 Council Member PLEDGE OF ALLEGIANCE: President Sherer AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1st Rdg O#4 – O#9; 2nd Rdg O#10 - O#11; O#4 & O#6 – O#9 Adopted on 1st Rdg; O#5 Adopted as Amended on 1st Rdg) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Kim Bell provided folders of information regarding her discussion at the last meeting. She explained that when she came to the Council Office last Thursday, she was arrested. She feels that the investigation was sloppy. Officer Diels was involved and she believes he files false charges against Blacks. She said that she changed her life by going to school, working for attorneys, yet she was treated better when she was in the streets. INFORMAL RESOLUTIONS: 40. COUNCIL-AS-A-WHOLE: COMMEND DAVID KIRVEN FOR HIS SERVICE ON BEHALF OF UA LOCAL UNION 94 AND EAST CENTRAL OHIO BUILDING AND CONSTRUCTION TRADES COUNCIL. – ADOPTED 41. MAJORITY LEADER SMUCKLER: AUTH AND DIRECT SERV DIR TO OPEN ONE OR MORE PURCH ORDERS IN TOTAL AMT NOT TO EXCEED $37,812.58 TO XYLEM DEWATERING SOLUTIONS, INC. FOR PURCH OF BYPASS PUMP AND APPURTENANCES. - ADOPTED 42. PERSONNEL COMMITTEE: CONFIRM REAPPT OF JOHN GIUA TO INCOME TAX REVIEW BOARD COMMENCING 1/1/22 TO 12/31/23. – ADOPTED 43. PERSONNEL COMMITTEE: CONFIRM REAPPT OF DARREN MAYLE TO INCOME TAX REVIEW BOARD COMMENCING 1/1/22 TO 12/31/23. - ADOPTED 44. PERSONNEL COMMITTEE: APPOINT TIMOTHY DUNBAR, JR. TO ADMINISTRATIVE ASSISTANT V POSITION IN CANTON CITY COUNCIL OFFICE. - ADOPTED COMMUNICATIONS: 406. AGENT FOR PETITIONER WILLIAMS: COPY OF ANNEXATION PETITION DOCUMENTS FILED WITH STARK COUNTY COMMISSIONERS FOR THE AMBAFLEX 2021 ANNEXATION (APPROX 3.903 ACRES IN CANTON TWP). – RECEIVED & FILED 407. AGENT FOR PETITIONER WILLIAMS: COPY OF ANNEXATION PETITION DOCUMENTS FILED WITH STARK COUNTY COMMISSIONERS FOR THE 4595 KIRBY AVE NE ANNEXATION (APPROX 2.755 ACRES IN PLAIN TWP. – RECEIVED & FILED 408. ANNEXATION CHAIRMAN HAWK: REQ LEGISLATION FOR STATEMENT OF SERVICES FOR THE AMBAFLEX 2021 ANNEXATION (APPROX 3.903 ACRES IN CANTON TWP). – ANNEXATION COMMITTEE 409. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 11/30/21. – RECEIVED & FILED 410. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 11/30/21. – RECEIVED & FILED 411. LIQUOR CONTROL DIV (OHIO): REQ NEW C1 PERMIT FOR DOLGEN MIDWEST LLC, DBA DOLLAR GENERAL STORE 22553, 2121 CLEVELAND AVE NW, WARD 7. – RECEIVED & FILED 412. LIQUOR CONTROL DIV (OHIO): REQ TRF OF C1, C2 PERMIT FROM WIRELESS OUTLET LLC, DBA RED CIRCLE WIRELESS, 1816 CLEVELAND AVE NW TO SFHAM LLC, CLEVELAND AVE MINI MART, 1816 CLEVELAND AVE NW, WARD 9. – RECEIVED & FILED 413. MAJORITY LEADER SMUCKLER REQ LEGISLATION TO RE-DIVIDE CANTON CITY WARDS WHERE LAW DIRECTOR BATES AYLWARD: DEVIATION IS GREATER THAN 10% IN FAIR MANNER WITH LEAST DISRUPTION AS POSSIBLE (WITHIN 90 DAYS OF OCTOBER 1 OF DECENNIAL CENSUS YEAR PER ORC 731.06(A)(1). – JUDICIARY COMMITTEE 414. MAYOR BERNABEI: APPROVE REAPPT OF MS. MAUREEN AUSTIN AS PUBLIC APPOINTEE TO STARK COUNTY REGIONAL PLANNING COMMISSION COMMENCING 1/1/22 TO 12/31/23. – PERSONNEL COMMITTEE CANTON CITY COUNCIL PAGE | 2 DECEMBER 6, 2021 COMMUNICATIONS CONTINUED: 415. MAYOR BERNABEI: ADVISE OF REAPPT OF MS. NENYA ROSS TO STARK METROPOLITAN HOUSING AUTHORITY BOARD OF COMMISSIONERS COMMENCING 2/1/22 TO 1/31/27. – RECEIVED & FILED 416. MAYOR BERNABEI: AUTH MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES TO RECEIVE 3% COST OF LIVING RAISE AS OF 1/1/22; AMEND O#100/2011, AS AMENDED, TO INCREASE SALARY MINS AND MAXS OF ALL SALARIED AND NON-BARGAINING EMPLOYEES BY 3% TO ACCT FOR THESE INCREASES. – PERSONNEL AND FINANCE COMMITTEES 417. SERVICE DIRECTOR HIGHMAN: AUTH SERV DIR TO OPEN PURCH ORDER IN AMT OF $37,812.58 TO XYLEM DEWATERING SOLUTIONS, INC. FOR PURCH OF BYPASS PUMP AND RELATED APPURTENANCES. – RECEIVED & FILED 418. SERVICE DIRECTOR HIGHMAN: DECLARE INTENT OF CITY OF CANTON TO APPROPRIATE ESTATES AND/OR INTERESTS IN PROPERTIES DESCRIBED IN EXHIBIT A, FOR PURPOSES ALSO DESCRIBED IN SAID EXHIBIT, IN FURTHERANCE OF CONSTRUCTION OF COLONIAL BLVD NE RECONSTRUCTION PROJ (PHASE 1, GP 1206, PID 11059) AND IN ACCORDANCE WITH PLANS ON FILE IN CANTON CITY ENGINEER’S OFFICE; AUTH MAYOR AND/OR SERV DIR, OR THEIR DESIGNEE, TO MAKE MINISTERIAL CHANGES TO ANY AND ALL DOCUMENTS RELATED TO PROJ BY CORRECTING ANY AND ALL NUMERICAL, DESCRIPTIVE OR TYPO ERRORS THAT MAY OCCUR, INCLUDING ERRORS RELATED TO PROPERTY OWNERS NAMES AND PARCEL NOS; EMERGENCY. – PUBLIC SAFETY & THOROUGHFARES COMMITTEE 419. SERVICE DIRECTOR HIGHMAN RATIFY TENTATIVE AGMT BETWEEN CITY OF CANTON AND SAFETY DIRECTOR PERRY: AFSCME LOCAL 3449; EMERGENCY. – PERSONNEL COMMITTEE 420. SERVICE DIRECTOR HIGHMAN RATIFY TENTATIVE AGMT BETWEEN CITY OF CANTON AND SAFETY DIRECTOR PERRY: AFSCME LOCAL 2937; EMERGENCY (EFFECTIVE 1/1/22 TO 12/31/22). – PERSONNEL COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING: 1ST RDG 1. AUTH MAYOR OR SERV DIR TO ENTER INTO LOAN AGMT, AND ANY OTHER RELATED AGMTS, IN AMT NOT TO EXCEED $200,000.00 OF ISSUE 13 COMPREHENSIVE FUNDS WITH ONE AEP COMPANY, LLC IN ORDER TO PROVIDE GAP FINANCING FOR RENOVATION PROJ; EMERGENCY (420 4TH ST NW) Referred to Finance Committee 1ST RDG 2. AMEND APPROP O#49/2021; EMERGENCY ($521.80 APPROP TRF FR 2185 871002 INNOVATION DISTRICT TIF – OTHER TO 2185 871001 HISTORIC ONESTO TIF – OTHER; $1,500.00 APPROP TRF FR 5601 205001 REFUSE ADMIN – PERSONNEL TO 5601 201001 SERVICE DIRECTOR ADMIN – PERSONNEL; $130,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001 102055 POLICE ADMIN – PERSONNEL FOR $60,000.00, TO 1001 103001 FIRE ADMIN – PERSONNEL FOR $50,000.00 AND TO 1001 753001 LAW ADMIN – PERSONNEL FOR $20,000.00; $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER OPERATING FUND TO 5201 207001 WATER ADMIN – PERSONNEL; $2,500.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 201201 PURCHASING ADMIN – PERSONNEL) (ADDT’L OUT OF BALANCE ACCTS) Referred to Finance Committee 1ST RDG 3. AUTH MAYOR OR SERV DIR TO ENTER INTO SANITARY SEWER JOINT USE/BILLING AGMT WITH BOARD OF STARK COUNTY COMMISSIONERS AND CITY OF NORTH CANTON; EMERGENCY Referred to Environmental & Public Utilities and Finance Committees (COUNCIL RECESSED AT 7:14 PM FOR PUBLIC PROPERTY CAPITAL IMPROVEMENT, FINANCE, PERSONNEL AND ANNEXATION COMMITTEES TO DISCUSS O#4 THROUGH O#9; RECONVENED AT 7:29 PM) 250/2021 4. ADOPT PLANS, AUTHORIZING MAYOR OR SERV DIR TO COOPERATE WITH AND REQUEST DIRECTOR OF TRANSPORTATION TO PROCEED WITH RESURFACING U.S. 30 BETWEEN JUST EAST OF WARNER ROAD AND LINCOLN STREET E (S.R. 172) AND WAYNESBURG DRIVE SE (S.R. 43) AT U.S. 30 INTERCHANGE, INCLUDING MINOR BRIDGE WORK TO EIGHT (8) STRUCTURES AND PAVEMENT MARKINGS LYING WITHIN CITY OF CANTON; EMERGENCY Referred to Public Property Capital Improvement Committee AMENDED AS 251/2021 5. ADOPT TEMP APPROPS FOR OPERATING AND CAPITAL EXPENDITURES OF CITY OF CANTON, OHIO FOR FISCAL YEAR 2022; EMERGENCY Referred to Finance Committee CANTON CITY COUNCIL PAGE | 3 DECEMBER 6, 2021 ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING CONTINUED: 252/2021 6. AUTH MAYOR OR SERV DIR TO SET SALARY OF CURRENT ASSISTANT SUPERINTENDENT OF PUBLIC WORKS AT $85,000.00 ANNUALLY PRIOR TO ANY POTENTIAL 2022 COST OF LIVING ADJUSTMENTS; EMERGENCY (ADAM MELEGARI) Referred to Personnel Committee 253/2021 7. APPROVE STATEMENT OF SERVICES TO BE PROVIDED TO PROPERTY OWNERS IN AMBAFLEX 2021 ANNEXATION AREA, APPROX DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO CITY OF CANTON; EMERGENCY (APPROX 3.903 ACRES IN CANTON TWP) Referred to Annexation Committee 254/2021 8. APPROVE COLLECTIVE BARGAINING AGMT BETWEEN CITY OF CANTON AND AFSCME LOCAL 3449 AND OHIO COUNCIL 8; EMERGENCY (EFFECTIVE 1/1/22 TO 12/31/22) Referred to Personnel Committee 255/2021 9. APPROVE COLLECTIVE BARGAINING AGMT BETWEEN CITY OF CANTON AND AFSCME LOCAL 2937 AND OHIO COUNCIL 8; EMERGENCY (EFFECTIVE 1/1/22 TO 12/31/22) Referred to Personnel Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD O#10 – O#11) 2ND RDG 10. AUTH MAYOR OR SAF DIR TO: ENTER INTO AGMT FOR AND ACCEPT $51,314.00 IN GRANT FUNDS FR OFFICE OF JUSTICE PROGRAM, BUREAU OF JUSTICE ASSISTANCE; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR THE PURCH OF TECHNOLOGY APPLICATION FOR MESSAGING FOR SPIDR TECH SOFTWARE FOR POLICE DEPT; OR TO ALTERNATIVELY PURCH SAID SOFTWARE PURSUANT TO ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTH AUDITOR TO RENAME FUND 2427 BYRNE MEMORIAL MEDIATION FUND TO 2427 FY 21 EDWARD BYRNE MEMORIAL GRANT FUND; AMEND APPROP O#49/2021; EMERGENCY ($51,314.00 SUPP APPROP FR UNAPROP BAL OF 2427 FY21 EDWARD BYRNE MEMORIAL GRANT FUND TO 2427 102001 POLICE ADMIN – OTHER) (FIN) 2ND RDG 11. AUTH MAYOR OR SAF DIR TO: ENTER INTO AGMT FOR AND ACCEPT $34,880.00 IN GRANT FUNDS FR OFFICE OF JUSTICE PROGRAM, BUREAU OF JUSTICE ASSISTANCE; AUTH AUDITOR TO RENAME FUND 2428 CONVENTION CTR FEASIBILITY GRANT FUND TO 2428 2021 BULLETPROOF VEST PARTNERSHIP FUND; ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR PURCH OF NATIONAL INSTITUTE OF JUSTICE COMPLIANT ARMORED VESTS FOR POLICE DEPT; OR TO ALTERNATIVELY PURCH SAID ITEMS IN ACCORDANCE WITH ORC OR CANTON CODIFIED ORD; AMEND APPROP O#49/2021; EMERGENCY ($34,880.00 SUPP APPROP FR UNAPPROP BAL OF 2428 CONVENTION CTR FEASIBILITY GRANT FUND TO 2428 102001 POLICE ADMIN – OTHER; $34,880.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 102001 POLICE ADMINISTRATIVE – OTHER; $34,880.00 INTER-FUND TRF FR 1001 102001 POLICE ADMINISTRATIVE – ADVANCE OUT TO 2428 102001 POLICE ADMINISTRATIVE – ADVANCE IN) (FIN) ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 256/2021 12. AUTH CANTON MUNICIPAL COURT TO ENTER INTO ALL CONTRACTS AUTH BY LAW FOR DESIGN/BUILD OF JUDGES CORRIDOR RESTROOMS PROJ IN AMT NOT TO EXCEED $300,000.00; AMEND APPROP O#49/2021; EMERGENCY ($300,000.00 SUPP APPROP FR UNAPPROP BAL OF 2423 COURT CAPITAL/SPECIAL PROJECTS FUND TO 2423 701001 COURT CAPITAL/SPECIAL PROJECTS – OTHER) (FIN) 257/2021 13. AUTH AUDITOR TO CREATE 2330 PUBLIC HEALTH WORKFORCE GRANT FUND; AMEND APPROP O#49/2021; EMERGENCY ($10,000.00 INTER-ADV FR 7601 301001 HEALTH – ADMINISTRATION – OTHER ADVANCE OUT TO 2330 301001 PUBLIC HEALTH WORKFORCE GRANT UNAPPROPRIATED BALANCE; $10,000.00 SUPP APPROP FR UNAPPROP BAL OF 2330 PUBLIC HEALTH WORKFORCE GRANT TO 2330 301001 PUBLIC HEALTH WORFORCE GRANT - $3,000.00 TO 600 PERSONNEL, $7,000.00 TO 700 OTHER) 258/2021 14. WAIVE REQUIREMENTS OF ORD SEC 151.14, CREDITED BENEFITS AND AUTH TRF OF 700 HOURS OF SICK TIME TO BE CREDITED TO DANIEL GRAVILA; EMERGENCY (CANTON BOARD OF PARK COMMISSIONERS) 259/2021 15. AUTH MAYOR OR SERV DIR TO ENTER INTO CONTRACT WITH SMG FOR MGMT OF CANTON MEMORIAL CIVIC CENTER; EMERGENCY 260/2021 16. AUTH MAYOR OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD AND EXECUTE CONSTRUCTION CONTRACT FOR NORTHEAST WATER TREATMENT PLANT OFFICE REMODEL PROJ; EMERGENCY 261/2021 17. AUTH MAYOR OR SERV DIR TO ENTER INTO CONTRACT CHANGE ORDER #2 OF 12 TH ST NW WATER MAIN REPLACEMENT PROJ WITH WENGER EXCAVATING, INC. IN ADDT’L AMT NOT TO EXCEED $36,261.56; AMEND APPROP O#49/2021; AUTH AUDITOR TO PAY ALL MORAL OBS AS PART OF THIS CHANGE ORDER; EMERGENCY ($36,261.56 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207071 12TH STREET NW WATER MAIN REPLACEMENT PROJECT – OTHER) CANTON CITY COUNCIL PAGE | 4 DECEMBER 6, 2021 ANNOUNCEMENT OF COMMITTEE MEETINGS: MONDAY, DECEMBER 20, 2021 in Council Caucus Room @ 6:30 PM 1) Finance Committee 2) Personnel Committee 3) Environmental & Public Utilities Committee MISCELLANEOUS BUSINESS: Member Smith invited everyone to the Southeast Community Center on December 18 for their Christmas #2. If anyone would like to volunteer or offer support, please see her. They have adopted 13 families, eight of which were families from Skyline Terrace that lost their homes to fire and three of which were from Canton City Schools. Deputy Mayor Williams talked about the Canton Outside Canton group who sponsored a food give away last year in conjunction with Diane Robinson, CEO from Stark County Urban League, and fed well over 12,000 families. This Saturday at 11:00 AM at St. Paul’s at 1800 East Tusc, they will again be feeding numerous families. He encouraged Council Members to volunteer. Mayor Bernabei announced that there will be an informational meeting this Thursday at Malone University. Deputy Mayor Williams explained that this meeting involves a proposed 15-unit senior housing development behind the Jewish Center. The meeting will take place at 6:00 PM within the Silk Auditorium. There will also be a link for those who want to zoom in. Mayor Bernabei explained that this is a zone change that will come before Council and the Planning Commission, which involves a tax credit. Member Smuckler spoke about the gun shots at Light Up Downtown last week. He said that this was caused by people who don’t know how to use guns and have no business carrying them. Because of the undeserved perception of downtown that this caused, there was not much of a crowd the following day at First Friday. ADJOURNMENT: 8:45 PM THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, DECEMBER 20, 2021 @ 7:00 PM

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