City Council
Regular MeetingCanton, OH · January 10, 2022
Minutes
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 22
MINUTES OF THE MEETING JANUARY 10, 2022
PRESIDENT SHERER: Good evening, ladies and gentlemen, and welcome to Canton City Council. If
everyone could please turn your 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, LOUIS GIAVASIS,
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 7 Council Member, John Mariol. If you
would all please stand and remain standing for the Pledge of Allegiance, please.
The regular meeting of Canton City Council was held on January 10, 2022 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 7 Council Member, John Mariol. The Pledge of Allegiance was led by President Sherer.
PRESIDENT SHERER: Thank you, Member Mariol.
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 12
through 17 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
12 through 17 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 12 through 17 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 there is no Old Business for this evening.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 23
MINUTES OF THE MEETING JANUARY 10, 2022
PUBLIC SPEAKS
PRESIDENT SHERER: We are now under Public Speaks and we have three speakers for this evening. I’d like
to remind our speakers that you do have three minutes for Public Speaks. Our first speaker tonight is Ms.
Kimberly Bell. Ms. Bell, could you please state your name and residential address, please.
KIMBERLY BELL: Yes, Kimberly Bell, 1733 Morris Avenue, Canton, Ohio. Welcome, Mr. Giavasis. Um,
you all know what my issue with… with you guys are, but it was another avoidable act by the Canton Police
Department. And another police offer has… uh, officer has chained this… shamed this department and caused
the death of someone, caused the incarceration of me, and it was avoidable if you would of just did your job and
investigated. Mr. Smuckler, you… we spoke about the mental health issues before this all happened, and I had
a mental breakdown after being put in the Stark County Jail for those three hours. It brought back some very
bad memories. And do you think I’ve got a call from Chief Angelo or anybody to apologize? No. But, some
other thing you’re sweeping under the rug. And I told you how this day was coming. I told you all this when
Chris Schulman was here, that Canton’s own was gonna kill somebody. I told you all that and lookin… look
where we’re at today. So, and not one of you have, to my knowledge, have visited that gentleman’s family.
And Mayor, you know how I feel about it, when you and I went on that last trip together. So, I mean, this is…
all of… this could have been all avoided if you would of… they would of just do their job. It’s another one
coming too.
PRESIDENT SHERER: Thank you, Ms. Bell. Our next speaker is Ms. Sierra Mason. Ms. Mason, could you
please state your name and residential address, please.
SIERRA MASON: Sierra Mason, 812 18th Street NW, Canton, Ohio 44703. On January 1, 2022 at 12:06
A.M., James Williams was celebrating New Year’s Day by firing into the air when he was shot and killed in his
own backyard by an officer of the Canton Police Department. Many Canton residents were doing the same
thing that night, but James Williams was the only person that was killed by CPD. The people of the State of
Ohio, through the Ohio General Assembly, have determined that it is not unlawful to discharge your firearm on
your own property according to the Ohio Revised Code. My family, friends, support… and supporters of James
Williams, demand justice for James Williams, and these are a list of our demands. One, immediately release the
name of the CPD Officer who killed James Williams. Two, immediately rel… release the 9-1-1 calls regarding
gun fire in the area that night. Three, immediately release all CPD dis… dispatch records regarding the James
Williams incident. Four, immediately release all dash camera videos from the CPD Officers on the scene
unedited. Five, immediately release all body camera footage from the CPD Officers on the scene also unedited.
And I’m gonna let Joseph finish the rest.
PRESIDENT SHERER: Ms. Mason, just for clarification that you’re… you’re…
SIERRA MASON: Oh, I know. I… I’m done speaking. He’s the next speaker.
PRESIDENT SHERER: I know, that’ll be fine. So our next speaker will be Mr. Joseph Butts. Mr. Butts, could
you please state your name and residential address, please.
JOSEPH BUTTS: Joseph Butts, 1225 Rowland Avenue NE.
PRESIDENT SHERER: Thank you.
JOSEPH BUTTS: Number six, immediately return the security camera recordings taken from the Williams’
home. Number seven, immediately release any written or oral instructions from Chief Angelo given to his
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 24
MINUTES OF THE MEETING JANUARY 10, 2022
officers instructing them on how to respond to celebratory gunfire. Eight, immediate release of the… sorry,
immediately release a public condemnation of the reckless and deadly conduct of the officer who killed James
Williams by blindly firing through a wooden fence. Nine, immediately terminate the employment of the CPD
Officer who blindlessly… blindly, recklessly and fatally shot James Williams through a fence. And number
ten, immediately bring the appropriate criminal charges against that officer who shot and killed James Williams
in front of his wife and children. I yield my time.
PRESIDENT SHERER: Thank you, Mr. Butts.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: We are now under Informal Resolutions and we have two for this evening. Madam
Clerk, would you please read Informal Resolution #12, by title.
12. PERSONNEL COMMITTEE: CONFIRMING THE REAPPOINTMENT OF COLLYN FLOYD TO
FAIR HOUSING COMMISSION COMMENCING 1/1/22 TO 12/31/26. – ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #12 by roll call vote.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #12. Are there any
remarks? ... And I believe we just need a voice vote… voice vote, Madam Clerk?
CLERK WOOD: U-mmm.
PRESIDENT SHERER: So, hearing none, by voice vote, all those in favor, signify by saying aye. Those
opposed no.
NO REMARKS RESOLUTION #12 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #12 is adopted. Informal
Resolution #13, please.
13. PERSONNEL COMMITTEE: CONFIRMING THE APPOINTMENT OF DELORIS ANGELI TO
ZONING BOARD OF APPEALS COMMENCING 1/10/22 TO 12/31/24. – ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #13.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #13. Are there any
remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #13 PASSED UNANIMOUSLY BY VOICE VOTE
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 25
MINUTES OF THE MEETING JANUARY 10, 2022
PRESIDENT SHERER: The ayes have it, the motion carries and Informal Resolution #13 is adopted.
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.
17. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 12/30/21. – RECEIVED &
FILED
18. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 12/30/21. – RECEIVED &
FILED
19. LAW DIRECTOR BATES AYLWARD: AUTH TO GRANT JESSICA LOGOTHETIDES CREDIT
FOR TIME AT CANTON AND COUNTY. (7 YEARS; 15- DAY VACATION; BLDG AND CODE
ENFORCEMENT – PERSONNEL COMMITTEE
20. MAYOR BERNABEI: AUTH APPT OF JEFF DAFLER AND REAPPT OF JANELLE LEE TO TAX
INCENTIVE REVIEW BOARD COMMENCING 1/24/22 TO 12/31/2023. – PERSONNEL
COMMITTEE
21. MAYOR BERNABEI: LETTER ADVISING OF APPT OF EDMOND MACK TO CIVIL SERVICE
COMMISSION COMMENCING 1/24/22 TO 12/31/27. – RECEIVED &
22. MAYOR BERNABEI: REQ AMENDMENTS TO CHAPTER 1107, ARCHITECTURAL REVIEW
BOARD, OF CITY CODE (AMEND SECTION 1107.04 MEMBERSHIP; AMEND CHAPTER
1107.05 MEETINGS AND RULES; AMEND SECTION 1107.07 PROCEDURES AND FEES;
CHANGE WORDS “ZONING DEPT” TO “PLANNING DEPT”). – JUDICIARY COMMITTEE
23. PLANNING DIRECTOR ANGUS: RE-ESTABLISH STOREFRONT REINVESTMENT PROGRAM
IN AMT OF $250,000.00; AUTH AUDITOR TO DRAW WARRANTS FROM ISSUE 13
COMPREHENSIVE PLAN FUND IN AMT NOT TO EXCEED $250,000.00. – FINANCE AND
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEES
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 11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS (O#11 ADOPTED):
O#1. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO CONTRACT WITH THE STARK COUNTY PUBLIC DEFENDER
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 26
MINUTES OF THE MEETING JANUARY 10, 2022
COMMISSION FOR THE PROVISION OF LEGAL SERVICES TO INDIGENTS;
AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
O#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE LAW DIRECTOR TO ENTER INTO
CONTRACT WITH THE BELOW-NAMED CITIES AND VILLAGES TO PROVIDE
LEGAL REPRESENTATION IN THE PROSECUTION OF CRIMINAL CASES AND
RELATED MATTERS BY THE CITY PROSECUTOR’S OFFICE; AND DECLARING
THE SAME TO BE AN EMERGENCY (2-YR CONTRACTS W/ E. CANTON, E.
SPARTA, HARTVILLE, LOUISVILLE, MAGNOLIA, N. CANTON, WAYNESBURG;
1/1/22 TO 12/31/24)
Referred to Finance Committee
O#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE CLERK OF COUNCIL TO CERTIFY TO
THE COUNTY AUDITOR A LIST OF UNPAID AND DELINQUENT CHARGES
FOR SERVICES PERFORMED BY AND/OR ON BEHALF OF THE CITY OF
CANTON ENGINEERING DEPARTMENT, URBAN FORESTRY DIVISION; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
O#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CT
CONSULTANTS, INC. FOR DESIGN OF THE 25TH STREET NE TRANSMISSION
WATER MAIN REPLACEMENT PROJECT; AMENDING APPROPRIATION
ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO BE AN
EMERGENCY ($144,500.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER
FUND TO 5201 207080 25TH STREET NE TRANSMISSION WATER MAIN
REPLACEMENT PROJECT – OTHER)
Referred to Environmental & Public Utilities and Finance Committees
O#5. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH
MOTTER & MEADOWS ARCHITECTS FOR DESIGN OF THE WATER SERVICE
SHOP BUILDING RENOVATIONS; AMENDING APPROPRIATION ORDINANCE
NO. 251/2021; AND DECLARING THE SAME TO BE AN EMERGENCY
($325,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201
207079 WATER SERVICE SHOP BUILDING RENOVATIONS FUND – OTHER)
Referred to Public Property Capital Improvement and Finance Committees
O#6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 251/2021;
AND DECLARING THE SAME TO BE AN EMERGENCY ($500,000.00 SUPP
APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207072 US 62
ODOT WATER MAIN RELOCATION PROJECT – OTHER)
Referred to Finance Committee
O#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO RENAME FUND 5246 THE
CANTON SOUTH WATERLINE EXTENSION PHASE 2 AND 3 FUND; AMENDING
APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING THE SAME TO
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 27
MINUTES OF THE MEETING JANUARY 10, 2022
BE AN EMERGENCY ($6,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 5246
CANTON SOUTH WATERLINE EXTENSION PHASE 2 AND 3 FUND TO 5246
207082 CANTON SOUTH WATERLINE EXTENSION PHASE 2 AND 3 FUND –
OTHER)
Referred to Environmental & Public Utilities and Finance Committees
O#8. (1st RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH IBI
GROUP FOR DESIGN OF THE PERRY HEIGHTS WATER MAIN REPLACEMENT
PROJECT – PHASE I; AMENDING APPROPRIATION ORDINANCE NO. 251/2021;
AND DECLARING THE SAME TO BE AN EMERGENCY ($283,000.00 SUPP
APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207081 PERRY
HEIGHTS WATER MAIN REPLACEMENT PROJECT – OTHER)
Referred to Environmental & Public Utilities and Finance Committees
O#9. (1ST RDG) AN ORDINANCE AUTHORIZING THE RESURFACING OF STA SR 43D
(WALNUT AVE) FROM JUST SOUTH OF 12TH ST NE TO THE NORTHERN
APPROACH SLAB OF THE CHERRY OVERPASS BRIDGE (JUST NORTH OF 6 TH
ST SE), STA SR 43 (CHERRY AVE SE) FROM THE NORTHERN APPROACH
SLAB OF THE CHERRY OVERPASS BRIDGE TO THE NEWLY RESURFACED
SECTION (JUST SOUTH OF 4TH ST SE) AND STA SR 172 FROM LINCOLN AVE
TO CHERRY AVE (SR 43) AND FROM RIVERSIDE DR TO COLE AVE/E CORP
LIMIT, INCLUDING MINOR BRIDGE REHABILITATION TO TWO STRUCTURES
WITHIN CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (PID
102743)
Referred to Public Safety & Thoroughfares Committee
O#10. (1ST RDG) AN ORDINANCE AUTHORIZING AND CONSENTING TO THE RESURFACING
OF SR687 FROM CLARENDON TO CLEARVIEW AVE; AND DECLARING THE
SAME TO BE AN EMERGENCY (PID 114922)
Referred to Public Safety & Thoroughfares Committee
O#11. (1ST RDG) ADOPTED AS ORDINANCE NO. 8/2022 A RESOLUTION AMENDING
RESOLUTION NO. 238/2021; AND DECLARING THE SAME TO BE AN
EMERGENCY (4595 KIRBY AVE NE ANNEX)
Referred to Annexation Committee
PRESIDENT SHERER: We are now under… oh. Okay. At this time, the Chair would declare an in-house
recess for Annexation Committee to meet in regards to Ordinance 11 on your agenda this evening. You are
now in recess.
(COUNCIL RECESSED AT 7:34 PM FOR THE ANNEXATION COMMITTEE TO DISCUSS
ORDINANCE #11; RECONVENED AT 7:35 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to place Ordinance 11 back on this
evening’s agenda.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 28
MINUTES OF THE MEETING JANUARY 10, 2022
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinance #11 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 Rule 22A is suspended to place Ordinance 11 back on this
evenings agenda. Are there any remarks? …Hearing none, roll call please, Madam Clerk.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Ordinance #11 is a legal part of your agenda. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules of Ordinance #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinance #11. 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 #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #11. Are there any remarks
under this Ordinance? … Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
#11 ADOPTED AS ORDINANCE NO. 8/2022
PRESIDENT SHERER: The motion…
MEMBER SMUCKLER: The… no, don’t… don’t say that yet. Do we have to change something?
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 29
MINUTES OF THE MEETING JANUARY 10, 2022
LAW DIRECTOR BATES AYLWARD: Um, if… if you’d like. I don’t know how it was submitted to you.
If you have to amend the original Resolution, then this is an actual amendment. So, that’s… I’m not sure how it
was.
MEMBER SMUCKLER: Well, I don’t know. You’re the boss when it comes to that. (Laughter)
LAW DIRECTOR BATES AYLWARD: I think… (Inaudible voices) Never mind.
CLERK WOOD: No.
LAW DIRECTOR BATES AYLWARD: It’s the whole ordinance, sorry.
MEMBER SMUCKLER: We got a never mind. We’re going then.
LAW DIRECTOR BATES AYLWARD: Yep.
MEMBER SMUCKLER: Now, go ahead, and if you would sir.
PRESIDENT SHERER: Alright. Motion carries and Ordinance #11 is adopted. Correct?
CLERK WOOD: U-mmm.
ORDINANCES & 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 #12.
O#12. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PARKS AND
RECREATION TO ENTER INTO AN AGREEMENT WITH THE J. BABE STEARN
COMMUNITY CENTER (JBSC) TO PROVIDE FUNDING FOR RECREATIONAL
SERVICES AT THE JBSC; AND DECLARING THE SAME TO BE AN
EMERGENCY
O#13. (2ND RDG) AN ORDINANCE VACATING PORTIONS OF 21ST STREET SW. LINWOOD AVE.
SW, 19TH STREET SW, AND BELLFLOWER AVE. SW, ROSLYN AVE. SW AND
MARYLAND AVE. SW; APPROVING AND ACCEPTING THE REPLAT OF 13.941
ACRES OF LAND; AND DECLARING THE SAME TO BE AN EMERGENCY
PUB HRG WAIVED
O#14. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SAFETY TO ACCEPT THE 2021 COPS HIRING PROGRAM GRANT #15JCOPS-21-
GG-03479-UHPX; AUTHORIZING THE AUDITOR TO CREATE THE 2802 – 2021
COPS HIRING PROGRAM GRANT #15JCOPS-21-GG-03479-UHPX FUND;
AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING
THE SAME TO BE AN EMERGENCY
O#15. (2ND RDG) ADOPTED AS ORDINANCE NO. 9/2022 AN ORDINANCE AUTHORIZING THE
CANTON MUNICIPAL COURT TO ENTER INTO A PROFESSIONAL SERVICES
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 30
MINUTES OF THE MEETING JANUARY 10, 2022
AGREEMENT WITH PROTECH SECURITY IN AN AMOUNT NOT TO EXCEED
$90,000.00; AND DECLARING THE SAME TO BE AN EMERGENCY
O#16. (2ND RDG) ADOPTED AS ORDINANCE NO. 10/2022 AN ORDINANCE AUTHORIZING THE
MAYOR, DIRECTOR OF PUBLIC SERVICE, OR DIRECTOR OF PUBLIC SAFETY
TO ENTER INTO CONTRACT WITH: PARKMOBILE, LLC FOR PARKING
SOFTWARE AND APPLICATIONS AND PSX, INC. FOR PURCHASE AND
INSTALLATION OF ALL EQUIPMENT AND SOFTWARE NEEDED TO
AUTOMATE THE CORNERSTONE AND MILLENNIUM PARKING DECKS;
AMENDING APPROPRIATION ORDINANCE NO. 251/2021; AND DECLARING
THE SAME TO BE AN EMERGENCY
O#17. (2ND RDG) ADOPTED AS ORDINANCE NO. 11/2022 AN ORDINANCE AUTHORIZING THE
MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE AND RECEIVE
BIDS FOR ALL CONTRACTS FOR THE SUGAR CREEK WATER TREATMENT
PLANT RENOVATION PROJECT; AWARD AND EXECUTE ALL CONTRACTS
FOR THE PROJECT CONTINGENT UPON RECEIVING FUNDING; AND ENTER
INTO AGREEMENT WITH THE OHIO WATER DEVELOPMENT AUTHORITY TO
RECEIVE FROM THE WATER SUPPLY REVOLVING LOAN ACCOUNT, A LOW
INTEREST LOAN TO BE AMORTIZED OVER A 25-YEAR PERIOD FOR THE
PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend Statutory… I’m sorry. I move we suspend Rule
22A.
CLERK WOOD: Just the Stautory Rules.
PRESIDENT SHERER: Majority…
MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules of Ordinances 15 through 17.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 15
through 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.
PRESIDENT SHERER: The motion carries. You’ve heard the three readings, Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15.
MEMBER BABCOCK: Second… second.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 31
MINUTES OF THE MEETING JANUARY 10, 2022
PRESIDENT SHERER: It’s been moved and second… seconded that you adopt Ordinance #15. Are there any
remarks? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION
(MEMBER MORRIS ABSTAINED)
CLERK WOOD: Eleven yeas, one abstention, Mr. President.
#15 ADOPTED AS ORDINANCE NO. 9/2022
PRESIDENT SHERER: The motion carries and Ordinance #15 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #16.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #16. 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.
#16 ADOPTED AS ORDINANCE NO. 10/2022
PRESIDENT SHERER: The motion carries and Ordinance #16 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #17.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #17. Are there any remarks
under this Ordinance? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION
(MEMBER HALL ABSTAINED)
CLERK WOOD: Eleven yeas, one abstention, Mr. President.
#17 ADOPTED AS ORDINANCE NO. 11/2022
PRESIDENT SHERER: Motion carries and Ordinance #17 has been adopted.
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final Reading
and Vote and we have no Third Readings for this evening.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under Announcement of Committee Meetings. Our next meeting date
will be Monday, January 24th, and Committee Meetings will start of 6:15 P.M.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 32
MINUTES OF THE MEETING JANUARY 10, 2022
MEMBER HAWK: Mr. President, Finance Committee will meet Monday, January 24th at 6:15 P.M. Thank
you, sir.
PRESIDENT SHERER: Thank you, Member Hawk.
MEMBER BABCOCK: Mr. President.
PRESIDENT SHERER: Member Babcock.
MEMBER BABCOCK: Personnel will meet same time, same place.
PRESIDENT SHERER: Thank you, Member Babcock.
MEMBER SCAGLIONE: Mr. President.
PRESIDENT SHERER: Member Scaglione.
MEMBER SCAGLIONE: Public Property Capital Improvement will meet same time, same place.
PRESIDENT SHERER: Thank you, Member Scaglione.
MEMBER FISHER: Mr. President.
PRESIDENT SHERER: Member… Member Fisher.
MEMBER FISHER: Environmental & Public Utilities will meet January 24th at 6:15.
PRESIDENT SHERER: Thank you, Member Fisher.
MEMBER KIMBROUGH: Oh… uh, thank you. Public Safety & Thoroughfares Committee will meet also at
6:15, January 24th. Thank you.
PRESIDENT SHERER: Thank you, Member Kimbrough. We are now under Miscellaneous…
MEMBER SMITH: Mr. President.
PRESIDENT SHERER: Oh, Member Smith.
MEMBER SMITH: I will call a Rules Committee Workshop. It will be announced to all Council Members.
So we’ll get that out as soon as possible.
PRESIDENT SHERER: Thank you, Member Smith.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Mis… any Miscellaneous
Business for this evening?
MEMBER SCAGLIONE: Mr. President.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 33
MINUTES OF THE MEETING JANUARY 10, 2022
PRESIDENT SHERER: Member Scaglione.
MEMBER SCAGLIONE: Yeah, if I could. As we start looking through the paving program for this upcoming
year here… um, if any Council Member has a specific area that they know, they’ve taken a lot of complaints on
or they’d like to see on a list, shoot me a message so I can help compare that to what the Engineers and
everybody else is looking at, and try to get a… a good paving program going again this year. Thank you.
PRESIDENT SHERER: Thank you, Member Scaglione. Is there any other Miscellaneous Business for this
evening?
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: I think there… there’s some wonderful things going on in the community now, and I
don’t want to get bogged down in Council Rules. I am all for, on a different night, to deal with every rule if
that’s what we want to do, and go through and do it. I don’t think it’s in the best interest of this Council to hold
all committee meetings on a separate night. They don’t work for our staff, they don’t work for the
Administration, and I apologize, Council Member Smith, if that’s what you were trying to get to do last week
cause I didn’t understand. I thought you were trying to move all the committee meetings to a separate night.
And I’m not infallible by any stretch of the imagination. I am sorry. I thought, I just want to get this done with.
I’m willing to sit down and go through every rule on a separate night cause I know we can’t get that done
tonight, tomorrow night, in a small allotted time. To go through every rule, it’s gonna take a long time. So
again, sorry, trying to make this all work. You figure out what day you want to do it, and I will make sure I’m
there for whatever long it takes. Thank you.
PRESIDENT SHERER: Is there any other Miscellaneous Business for this evening? Besides everybody
watching the game tonight. (Laughter)
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: I move we adjourn.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adjourn. Madam Clerk, roll call please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
PRESIDENT SHERER: This meeting is adjourned. Thank you for coming this evening (Gavel falls).
ADJOURNMENT TIME: 7:48 PM
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 34
MINUTES OF THE MEETING JANUARY 10, 2022
ATTEST: 1/12/22 APPROVED:
JILL M. WOOD WILLIAM SHERER
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM JANUARY 10, 2022
ROLL CALL: All Members Present
MOTION TO EXCUSE MEMBERS: Not Necessary
INVOCATION: John Mariol, Ward 7 Council Member
PLEDGE OF ALLEGIANCE: President Sherer
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1st Rdg O#11; 2nd Rdg O#12 - O#17; O#11 Adopted
on 1st Rdg; O#15 – O#17 Adopted on 2nd Rdg.)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Kim Bell spoke about the recent shooting of James Williams and her recent
incarceration. She spoke about a conversation she had with Member Smuckler about mental health. Sierra Mason spoke about
the New Year’s Eve killing of James Williams and passed out a sheet titled “Justice for James” which included a 10-point action
plan. She quoted the Ohio Revised Code about firing a firearm on private property. Joseph Butts also spoke about the shooting
and stated some of the demands from the 10-point action plan.
INFORMAL RESOLUTIONS:
12. PERSONNEL COMMITTEE: CONFIRM REAPPT OF COLLYN FLOYD TO FAIR HOUSING
COMMISSION COMMENCING 1/1/22 TO 12/31/26. – ADOPTED
13. PERSONNEL COMMITTEE: CONFIRM APPT OF DELORIS ANGELI TO ZONING BOARD OF
APPEALS COMMENCING 1/10/22 TO 12/31/24. – ADOPTED
COMMUNICATIONS:
17. AUDITOR MALLONN: REQ FOR ADDT’L AMENDED CERT DATED 12/30/21. – RECEIVED &
FILED
18. AUDITOR MALLONN: STATEMENT OF CASH POSITION DATED 12/30/21. – RECEIVED &
FILED
19. LAW DIRECTOR BATES AYLWARD: AUTH TO GRANT JESSICA LOGOTHETIDES CREDIT FOR TIME AT
CANTON AND COUNTY. (7 YEARS; 15- DAY VACATION; BLDG AND
CODE ENFORCEMENT. – PERSONNEL COMMITTEE
20. MAYOR BERNABEI: AUTH APPT OF JEFF DAFLER AND REAPPT OF JANELLE LEE TO
TAX INCENTIVE REVIEW BOARD. JEFF DAFLER COMMENCING
1/24/22 TO 12/31/2023. JANELLE LEE RETRO TO 1/1/22 TO 12/31/23. –
PERSONNEL COMMITTEE
21. MAYOR BERNABEI: LTR ADVISING APPT OF EDMOND MACK TO CIVIL SERVICE
COMMISSION COMMENCING 1/24/22 TO 12/31/27. – RECEIVED &
FILED
22. MAYOR BERNABEI: REQ AMENDENTS TO CHAPTER 1107, ARCHITECTURAL REVIEW
BOARD, OF CITY CODE (AMEND SECTION 1107.04 MEMBERSHIP;
AMEND CHAPTER 1107.05 MEETINGS AND RULES; AMEND
SECTION 1107.07 PROCEDURES AND FEES; CHANGE WORDS
“ZONING DEPT” TO “PLANNING DEPT”). – JUDICIARY COMMITTEE
23. PLANNING DIRECTOR ANGUS: RE-ESTABLISH STOREFRONT REINVESTMENT PROGRAM IN AMT
OF $250,000.00; AUTH AUDITOR TO DRAW WARRANTS FROM ISSUE
13 COMPREHENSIVE PLAN FUND IN AMT NOT TO EXCEED
$250,000.00. – FINANCE AND COMMUNITY & ECONOMIC
DEVELOPMENT COMMITTEES
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING:
1ST RDG 1. AUTH SERV DIR TO ENTER INTO CONTRACT WITH STARK COUNTY PUBLIC DEFENDER
COMMISSION FOR PROVISION OF LEGAL SERVICES TO INDIGENTS; EMERGENCY
Referred to Finance Committee
1ST RDG 2. AUTH LAW DIR TO ENTER INTO CONTRACT WITH CITIES AND VILLAGES TO PROVIDE LEGAL
REPRESENTATION IN PROSECUTION OF CRIMINAL CASES AND RELATED MATTERS BY CITY
PROECUTOR’S OFFICE; EMERGENCY (2-YR CONTRACTS W/ E. CANTON, E. SPARTA, HARTVILLE,
LOUISVILLE, MAGNOLIA, N. CANTON, WAYNESBURG; 1/1/22/ TO 12/31/24)
Referred to Finance Committee
1ST RDG 3. AUTH CLERK OF COUNCIL TO CERT TO COUNTY AUDITOR LIST OF UNPAID AND DELINQUENT
CHARGES FOR SERVS PERFORMED BY AND/OR BEHALF OF CITY OF CANTON ENGINEERING
DEPT, URBAN FORESTRY DIVISION; EMERGENCY
Referred to Finance Committee
CANTON CITY COUNCIL PAGE | 2 JANAURY 10, 2022
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING CONTINUED:
1ST RDG 4. AUTH MAYOR OR SERV DIR TO EXECUTE A PROF SERVS CONTRACT WITH CT CONSULTANTS,
INC. FOR DESIGN OF 25TH STREET NE TRANSMISSION WATER MAIN REPLACEMENT PROJECT;
AMEND APPROP O#251/2021; EMERGENCY ($144,500.00 SUPP APPROP FR UNAPPROP BAL OF
5201 WATER FUND TO 5201 207080 25TH STREET NE TRANSMISSION WATER MAIN REPLACEMENT
PROJECT – OTHER)
Referred to Environmental & Public Utilities and Finance Committees
1ST RDG 5. AUTH MAYOR OR SERV DIR TO EXECUTE PROF SERVS CONTRACT WITH MOTTER & MEADOW
ARCHITECTS FOR DESIGN OF WATER SERV SHOP BLDG RENOVATIONS; AMEND APPROP
O#251/2021; EMERGENCY ($325,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND
TO 5201 207079 WATER SERVICE SHOP BUILDING RENOVATIONS FUND – OTHER)
Referred to Public Property Capital Improvement and Finance Committees
1ST RDG 6. AMEND APPROP O#251/2021; EMERGENCY ($500,000.00 SUPP APPROP FR UNAPPROP BAL OF
5201 WATER FUND TO 5201 207072 US 62 ODOT WATER MAIN RELOCATION PROJECT – OTHER)
Referred to Finance Committee
1ST RDG 7. AUTH AUDITOR TO RENAME FUND 5246 THE CANTON SOUTH WATERLINE EXTENSION PHASE 2
AND 3 FUND; AMEND APPROP O#251/2021; EMERGENCY ($6,500,000.00 SUPP APPROP FR
UNAPPROP BAL OF 5246 CANTON SOUTH WATERLINE EXTENSION PHASE 2 AND 3 FUND TO 5246
207082 CANTON SOUTH WATERLINE EXTENSION PHASE 2 AND 3 FUND – OTHER)
Referred to Environmental & Public Utilities and Finance Committees
1ST RDG 8. AUTH MAYOR OR SERV DIR TO EXECUTE A PROF SERVS CONTRACT WITH IBI GROUP. FOR
DESIGN OF PERRY HEIGHTS WATER MAIN REPLACEMENT PROJECT – PHASE 1; AMEND APPROP
O#251/2021; EMERGENCY ($283,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND
TO 5201 207081 PERRY HEIGHTS WATER MAIN REPLACEMENT PROJECT – OTHER)
Referred to Environmental & Public Utilities and Finance Committees
1ST RDG 9. AUTH RESURFACING OF STA SR 43D (WALNUT AVE.) FROM JUST SOUTH OF 12TH ST NE. TO
NORTHERN APPROACH SLAB OF THE CHERRY OVERPASS BRIDGE (JUST NORTH OF 6TH ST. SE.),
STA SR 43 (CHERRY AVE. SE) FROM NORTHERN APPROACH SLAB OF THE CHERRY OVERPASS
BRIDGE TO NEWLY RESURFACED SECTION (JUST SOUTH OF 4TH ST. SE) AND STA SR 172 FROM
LINCOLN AVE. TO CHERRY AVE. (SR 43) AND FROM RIVERSIDE DR. TO COLE AVE./E. CORP LIMIT,
INCLUDING MINOR BRIDGE REHABILITATION TO TWO STRUCTURES WITHIN CANTON;
EMERGENCY (PID 102743)
Referred to Public Safety & Thoroughfares Committee
1ST RDG 10. AUTH AND CONSENTING TO THE RESURFACING OF SR687 FROM CLARENDON TO CLEARVIEW
AVE; EMERGENCY (PID 114922)
Referred to Public Safety & Thoroughfares Committee
(COUNCIL RECESSED AT 7:34 PM FOR THE ANNEXATION COMMITTEE TO DISCUSS O#11; RECONVENED AT 7:35
PM)
8/2022 11. AMEND RESOLUTION NO. 238/2021; EMERGENCY (4595 KIRBY AVE NE ANNEX)
Referred to Annexation Committee
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#12 - O#17; O#15 - O#17 ADOPTED)
2ND RDG 12. AUTH PARKS & REC DIR TO ENTER INTO AGMT WITH J. BABE STERN COMMUNITY CTR (JBSC) TO
PROVIDE FUNDING FOR RECREATIONAL SERVS AT JBSC; (FIN)
2ND RDG 13. VACATE PORTIONS OF 21ST ST SW, LINWOOD AVE SW, 19TH ST SW AND BELLFLOWER AVE SW,
ROSLYN AVE SW AND MARYLAND AVE SW; APPROVE AND ACCEPT REPLAT OF 13.941 ACRES OF
LAND; EMERGENCY (LOTS 31743-31752, 31769-31770, 31722-31781, 31785, 31919, 31922-31928,
31930-31931, 31979, 31982-31988, 31992-32992, 31996-31997, 32000-32001, 32087-32106, 42625-
42627, PARTS OF LOTS 31753-31754, 31765-31768, 31771, 31929, 31932, 31934-31935, 31978, 31980-
31981, 32108-32110, DON MCCORD FOR MARATHON PETROLEUM COMPANY LLC, WARD 5)
PUB HRG WAIVED (PS&T)
2ND RDG 14. AUTH MAYOR OR SAF DIR TO ACCEPT 2021 COPS HIRING PROGRAM GRANT #15JCOPS-21-GG-
03479-UHPX; AUTH AUDITOR TO CREATE 2802 – 2021 COPS HIRING PROGRAM GRANT #15JCOPS-
21-GG-03479-UHPX FUND; AMEND APPROP O#251/2021; EMERGENCY ($200,000.00 SUPP APPROP
FR UNAPPROP BAL OF 2802 2021 COPS HIRING GRANT FUND TO 2802 102001 POLICE ADMIN –
OTHER) (FIN)
9/2022 15. AUTH CANTON MUNICIPAL COURT TO ENTER INTO PROF SERVS AGMT WITH PROTECH SECURITY
IN AMT NOT TO EXCEED $90,000.00; EMERGENCY (EXPANSION OF COURT’S ACCESS CONTROL
SYSTEM) (FIN)
10/2022 16. AUTH MAYOR, SERV DIR OR SAF DIR TO ENTER INTO CONTRACT WITH PARKMOBILE, LLC FOR
PARKING SOFTWARE AND APPLICATIONS AND PSX, INC. FOR PURCH AND INSTALLATION OF ALL
EQUIP AND SOFTWARE NEEDED TO AUTOMATE CORNERSTONE AND MILLENNIUM PARKING
DECKS; AMEND APPROP O#251/2021; EMERGENCY ($184,170.00 SUPP APPROP FR UNAPPROP
BAL OF 4501 CAPITAL PROJECTS FUND TO 4501 102001 POLICE ADMIN – OTHER; $21,300.00 SUPP
APPROP FR UNAPPROP BAL OF 2155 CITY PARKING DECK/LOT FUND TO 2155 102001 POLICE
ADMIN – OTHER) (PPCI & FIN)
CANTON CITY COUNCIL PAGE | 3 JANAURY 10, 2022
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING CONTINUED:
(SUSPENDED RULE 22A TO ADD O#12 - O#17; O#15 - O#17 ADOPTED)
11/2022 17. AUTH MAYOR OR SERV DIR TO: ADVERTISE AND RECEIVE BIDS FOR ALL CONTRACTS FOR
SUGAR CREEK WATER TREATMENT PLANT RENOVATION PROJ; AWARD AND EXECUTE ALL
CONTRACTS FOR PROJ CONTINGENT UPON RECEIVING FUNDING; ENTER INTO AGMT WITH OHIO
WATER DEVELOPMENT AUTHORITY TO RECEIVE FROM WATER SUPPLY REVOLVING LOAN ACCT,
LOW INTEREST LOAN TO BE AMORTIZED OVER 25-YR PERIOD FOR PROJ; EMERGENCY
(E&PU & FIN)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: (NONE)
ANNOUNCEMENT OF COMMITTEE MEETINGS:
MONDAY, JANUARY 24, 2022 in Council Caucus Room @ 6:15 PM
1) Finance Committee
2) Personnel Committee
3) Public Property Capital Improvement Committee
4) Environmental & Public Utilities Committee
5) Public Safety & Thoroughfares Committee
MISCELLANEOUS BUSINESS: Member Scaglione asked Council members to let him know if there are any areas that they
have received complaints, so he can get a good paving program for this year. Member Smuckler said he is all for discussing all
of the rules on a separate night and apologized to Member Smith for the misunderstanding.
ADJOURNMENT: 7:48 PM
THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, JANUARY 24, 2022 @ 7:00 PM
Get email alerts for Canton
A daily email when new agendas and minutes are posted.