City Council
Regular MeetingCanton, OH · January 24, 2022
Minutes
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MINUTES OF THE MEETING JANUARY 24, 2022
PRESIDENT SHERER: Good evening, ladies and gentlemen, and welcome to Canton City Council. If that…
everyone could please turn your cellphones to vibrate and I can only stress that please. We are 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 present, Mr. President.
PRESIDENT SHERER: Tonight’s invocation will be given by Ward 8 Council Member, well I take that back
it’s the invocation going be given by Ward 3 Council Member, Jason Scaglione. 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 24, 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 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 we suspend Rule 22A to add Ordinances 6 through 15 to this
evening’s agenda.
MEMBER BABCOCK: Second.
CLERK WOOD: Excuse me, that’s 6 through 15.
MEMBER SMUCKLER: Yeah… I understand. I move Rule 22A be suspended to add 2nd Readings of
Ordinances 6 through 15 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
6 through 15 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 6 through 15 are a legal part of your agenda.
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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.
PUBLIC SPEAKS
PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for this evening. Our first
speaker will be Ms. Kimberly Bell. Ms. Bell, could you please step forward and give us your name and
residential address, please.
KIMBERLY BELL: Yes, Kimberly Bell, 1733 Morris Avenue, Canton. I’m here… mainly because of the
uh… you’re hiding a pickle, the officer who killed James Williams. Um… I have some handouts for you all. I
was… I helped… I went to go help the protesters and I received a ticket, I only stopped for like a second to see
if they needed gloves or cot…chocolate or anything. I wasn’t there ten minutes, a cop… the cops pulled behind
me and give me a tick, said is that your truck I said yes. Didn’t say move it, ask for my ID and insurance I gave
it to him, I felt threatened the way they approached me and I had my hands up. And I said I’m just offering hot
chocolate and just seeing if anybody needed any gloves. You…Your getting a ticket. I can’t pass them out, I’m
not allowed on the floor but it’s two things I want and the family wants. The family was trying to get here but
they’re not, they’re… they’re caught in… caught in the um… the roads are bad. It’s two things they want, and I
want, and the protestors want, and maybe more than…a lot of the community, I want your resignation, Jason
and Mayor Tom Bernabei, we want yours. Nobody has checked on that family or those children, to see if those
children were alright. Those were kids, do you understand what you did? You killed their father right in front of
them. Do you think they will ever trust the police or if they’ll have their kids ever trust the police? They killed
they father and his wif… they killed…the… her… her husband and their father in front of them. And they have
to come outside with their hands up and they’re screaming my dad is in there bleeding. Did the police attend to
him? No, they go searching the house and wouldn’t let the wife ride to the hospital. You killed another black
man. Do you understand what you did? And you want to give me a ticket because I stopped to ask if they
needed gloves and hot chocolate. And you stopped them the other day and gave them a ticket because they had
a carvan and he was giving out traffic tickets because they ran the light. Come on people, you killed another
black man.
PRESIDENT SHERER: Thank you, Ms. Bell.
KIMBERLY BELL: I ain’t allowed on the floor, I’ll leave ‘em here, sweetie.
PRESIDENT SHERER: Our next speaker is Ms. Skylark Bruce. And Ms. Bruce you are more than welcome to
take your mask down to speak if you’d like. Could you please state your name and residential address please.
SKYLARK BRUCE: My name is Skylark Bruce and I live at 2216 Bollinger Ave NE. I bought a house in the
city of Canton, so you are stuck with me for a long time. James Williams did not need to die. His life ended six
minutes after midnight. As hundreds, if not thousands of other Canton residents also shot their guns in honor of
the new year. Celebratory gunfire is a minor misdemeanor, not a capital crime. I don’t personal like the tradition
but no one deserves to die for participating in it. No one deserved to die for shooting their guns on any other
New Year’s Day, or when the Cavs won and nobody did. So what makes Mr. Williams shooting his gun on his
own property on January 1st special? An officer who is too scared to do his job right. The officer failed at many
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of the basic responsibilities an officer has in that moment. He failed to retreat and call for back up. He failed to
make his presences known. He failed to order the person shooting to stop and surrender. He failed to make
visual contact and assess if discharging his weapon actually made sense. He had no way to know if he was
shooting through the fence at one adult or into a crowd of toddlers. As awful as Mr. Williams death is, the
officer’s actions could easily have resulted in the deaths of so many more people. If Mr. Williams was your
father, your spouse, your brother, I highly doubt you chalk his death up to a police department “whoops”. When
I have a “whoops” in my job, I’m held accountable. If I screw up bad enough, I can lose my job and face
criminal charges. I see no reason why someone whose salary is paid by my tax dollars and whose job
auspiciously exist to serve and protect should be held to some wildly different standard. Especially when huge
mistakes kill people. Marquetta Williams and six children will never be the same. If an officer is too scared to
do their job right, they either need more training or a different job. And that should be noticed and addressed
long before someone dies. You have influence as councilmembers, use it wisely to protect your citizens from
your employees. Justice for James, Black Lives Matters.
PRESIDENT SHERER: Thank you, Ms. Bruce.
KIMBERLY BELL: (From Audience) Another avoidable murder.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: We are now under Informal Resolutions and we have four for this evening. Madam
Clerk, would you please read Informal Resolution #8, by title.
8. PERSONNEL COMMITTEE: CONFIRM REAPPT OF PATRICK MCCARTHY TO INVESTMENT
BOARD COMMENCING 1/1/22 TO 12/31/23. - ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #8.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to a… adopt Informal Resolution #8. Are there any
remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #8 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #8 is adopted. Informal
Resolution #14, please.
14. COUNCIL-AS-A-WHOLE: COMMENDING THE FETTMAN FAMILY AND DAVIES
PHARMACY FOR THEIR GENEROSITY AND SERVICES TO CANTON RESIDENTS. -
ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #14.
MEMBER BABCOCK: Second.
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PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #14. Are there any
remarks?
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Uh… may I have the resolution read please.
PRESIDENT SHERER: Hang on for one quick second. Are there any additional remarks? Hearing none, by
voice vote, all those in favor, signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #14 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it and could we, at the request of the Majority Leader, have that
resolution read please, Madam Clerk.
CLERK WOOD: An Informal Resolution Respectfully Submitted By Canton City Council on this 24th day of
January, 2022. WHEREAS, In 1963 David A. Fettman purchased Davies Pharmacy which began operation in
Canton, Ohio in the 1930’s, and at present, remains the oldest independent pharmacy still operating in Canton;
and WHEREAS, The Fettman Family and staff remain committed to providing the highest level of health care
with a sense of accuracy while maintaining the highest ethical standards for customer care; and WHEREAS,
The Fettman team always offers great advice and options for customers to obtain products and services at the
best possible prices; and WHEREAS, Davies Pharmacy continues to give back to the community through
support and involvement with the Rotary Club and the J. Babe Stearn Community Center, as well as various
donations throughout the City; and WHEREAS, During the 2021 Holiday Season, Steve Fettman, on behalf of
Davies Pharmacy, personally donated enough hand sanitizer and disinfecting wipes to provide to every
department at the City of Canton; and WHEREAS, Davies Pharmacy plays an important role every day in the
health care and qualify of life of the citizens of Canton. Now Therefore Be It Resolved: That we, the
Members of Canton City Council, do hereby go on record commending THE FETTMAN FAMILY
AND DAVIES PHARMACY for their generosity and the services they so graciously provide to our Canton
residents. (APPLAUSE)
PRESIDENT SHERER: And at this time uh… Member Scaglione and Majority Leader do you want to present
the resolution, please
MEMBER SCAGLIONE: It’s an absolute honor to do this for you folks. I would have had everyone from the
pharmacy here, but we don’t want people to be without their medicines at any time. So I just want to thank you
for everything you do for this community, things you have done for my family personally and others that
needed medical advise, you… you’re always there for them. And that means a heck a lot to me and you…
you’re the pillar of that corner there, in Ward 3. You’ve done a nice job with the pharmacy, it looks great and
we just really appreciate everything you do for everyone.
STEVE FETTMAN: Thank you Jason, appreciate it.
MEMBER SMUCKLER: For those of you who kno… know about my medical problems, I’m the poster boy
for this pharmacy. Um… He’s kept me going on a retread for all these years. Uh… but I’m going to do a
commercial now. It’s great to have independent businesses in this community and someone you can go to, not
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only for dispensing the medicine, but also to get advice and also to help in the community. This family has
helped this community year… for years whether it’s been the J Babe Stearn Center. Whether it’s been the
Munson Scholarship Fund or it’s… whether it’s been the Domestic Violence Project, I could go on and on and
on and they should be honored for the way they contribute back to this community.
MEMBER SCAGLIONE: Thank you, Zach.
STEVE FETTMAN: Thank you, Jason.
MEMBER SCAGLIONE: Thank you. (INAUDIBLE)
STEVE FETTMAN: I’d just like to thank City Council and the city. We gotta get our hands on… on this
Covid-19 and get it eradicated, starting right here in Stark County. I appreciate the kind words that the two
councilmen have shared about the pharmacy it’s… it’s nice to hear but we’re part of this community and we
really have to be involved in it to make it work. Um… Zach is my son, he’s the next generation at Davies, he’s
a pharmacist there as well, and uh… Zach has learned well and he’s going to carry on the tradition. One thing I
do want to say about Jason. Jason called me up on Monday, I was just listening to all the kind things about
the… how well the city moved the snow and everything. Jason called me up in the middle of the afternoon and
he asked if we needed any help getting the deliveries out that day. He said he’s got a four-wheel drive, he said
he’ll be happy to help us. That’s what it takes, it takes the city working together. We appreciate it, thank you
guys very much.
PRESIDENT SHERER: Thank you. (APPLAUSE), Member Scaglione, one… Member Ferguson has a
comment.
MEMBER FERGUSON: Steve I just want to congratulate of course, but thank you very much for leading the
drive to get Thurman Munson into the Hall of Fame. (INAUDIBLE) Not that I’m a Yankee fan but (Laughter).
He most certainly deserves to be in the Hall of Fame, thank you for that.
STEVE FETTMAN: We got a big dinner planned this year so I’ll come… come to you for a ticket Pete. Thank
you very much.
PRESIDENT SHERER: Thank you… Madam Clerk, Informal Resolution #15, please.
15. PERSONNEL COMMITTEE: CONFIRM APPT OF MR. JEFF DAFLER TO TAX INCENTIVE
REVIEW BOARD COMMENCING 1/24/22 TO 12/31/23. – ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #15.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #15. Are there any
remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no.
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NO REMARKS RESOLUTION #15 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #15 is adopted. Madam Clerk,
Informal Resolution #16, please.
16. PERSONNEL COMMITTEE: CONFIRM REAPPT OF MS. JANELLE LEE TO TAX INCENTIVE
REVIEW BOARD COMMENCING RETRO FR 1/1/22 TO 12/31/23. – ADOPTED
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Resolution #16.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #16. Are there any
remarks? ... Hearing none, by voice vote, all those in favor, signify by saying aye. Those opposed no.
NO REMARKS RESOLUTION #16 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #16 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.
24. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX
FOR DECEMBER 2021. – RECEIVED & FILED
25. DEPUTY MAYOR WILLIAMS: AUTH AUDITOR TO PAY MORAL OB IN AMT OF $175,000.00
FOR ECONOMIC DEVELOPMENT SERVICES TO CANTON REGIONAL CHAMBER OF
COMMERCE; EMERGENCY. – COMMUNITY & ECONOMIC DEVELOPMENT AND FINANCE
COMMITTEES
26. DEPUTY MAYOR WILLIAMS: AUTH MAYOR AND/OR SERV DIR TO TFR PERMANENT
PARCEL #224188 LOCATED AT 510 11TH ST NW WHICH IS NO LONGER NEEDED FOR
MUNICIPAL PURPOSES TO CANTON COMMUNITY IMPROVEMENT CORP FOR
SUBSEQUENT TRF TO BW P&L HOLDINGS LLC PER ORC 761.02 AND 1724.10. –
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
27. DEPUTY MAYOR WILLIAMS, COUNCIL MBR MARIOL (WARD 7), COUNCIL MBR MORRIS
(WARD 9), COUNCIL MBR-AT-LG GIAVASIS, COUNCIL MBR-AT-LG SMUCKLER: AUTH
PROPERTY LOCATED AT 630 30TH ST NW, WHICH CONSISTS OF PARCELS 380308 AND
380309 AND IS NO LONGER NEEDED FOR MUNICIPAL PURPOSES, BE CONVEYED TO
CANTON COMMUNITY IMPROVEMENT CORP FOR ECONOMIC DEVELOPMENT PURPOSES
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AND FOR SUBSEQUENT CONVEYANCE TO A. ALTMAN DEVELOPMENT CO FOR $1.00;
AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY
(CIRELLI BLDG, FOR AKRON CHILDREN’S HOSP BEHAVIOR HEALTH CARE CTR). –
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
28. MAYOR BERNABEI: ADVISE OF APPT OF MR. HECTOR MCDANIEL TO MAYOR’S
COMMUNITY RELATIONS COMMISSION COMMENCING IMMEDIATELY TO 12/31/23. –
RECEIVED & FILED
29. MAYOR BERNABEI: REQ AUTH OF APPTS OF MS. CATHY WYATT, MR. DAVID BECK AND
MR. STEVE COON TO ARCHITECTURAL REVIEW BOARD; MS. WYATT’S TERM
COMMENCING 2/7/22 TO 12/31/22; MR. BECK’S TERM COMMENCING 2/7/22 TO 12/31/23;
MR. COON’S TERM COMMENCING 2/7/22 TO 12/31/25. – PERSONNEL COMMITTEE
30. MAYOR BERNABEI: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT WITH
CANTON CITY SCHOOL DISTRICT BOARD OF EDUCATION FOR 2022 PROMOTION OF
EDUCATION & EMPLOYMENT PROJ (PEEP) PROG FOR AMT NOT TO EXCEED $115,000.00;
AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. –
FINANCE COMMITTEE
31. PLANNING COMMISSION: RECOMMEND APPROVAL OF ZONE CHANGE AT 1819 MARKET
AVE N (PARCELS 230241, 230242 & 230243) FR R-4 (MULTI-FAMILY RESIDENTIAL
DISTRICT) TO PB-1 (PLANNED BUSINESS OFFICE DISTRICT) FOR SMALL ANIMAL VET
CLINIC, WARD 9 (ATTY CHARLES HALL FOR DR. MICHELLE N. HALL). – JUDICIARY
COMMITTEE
32. PLANNING COMMISSION: APPROVE WARD ASSIGNMENT AND ZONE CLASSIFICATION
FOR THE AMBAFLEX 2021 ANNEXATION (I-1 LIGHT INDUSTRY DISTRICT, WARD 5). –
ANNEXATION COMMITTEE
33. PLANNING DIRECTOR ANGUS: ESTABLISH PUBLIC REALM REINVESTMENT PROG USING
UP TO $250,000.00 OF ISSUE 13 COMPREHENSIVE PLAN FUNDS; AUTH MAYOR AND/OR
SERV DIR TO ENTER INTO CONTRACTS WITH APPROVED PUBLIC REALM BUSINESSES;
AUTH AUDITOR TO DRAW WARRANTS FROM ISSUE 13 COMPREHENSIVE PLAN FUND IN
AMT NOT TO EXCEED $250,000.00; EMERGENCY. – FINANCE AND DOWNTOWN
DEVELOPMENT COMMITTEES
34. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO
AGMT WITH STARK COUNTY BOARD OF COMMISSIONER’S FOR STARK COUNTY’S
PAYMENT OF THEIR SHARE OF COSTS RELATED TO CLEANING AND TELEVISING OF
LARGE DIAMETER SEWERS THAT TOOK PLACE PRIOR TO 1/1/22; AUTH AUDITOR TO
DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (30% OF TOTAL COST OF
$1,620,745.07 - $486,223.52). – FINANCE COMMITTEE
35. SERVICE DIRECTOR HIGHMAN: AUTH AUDITOR TO PAY MORAL OB TO KIMBLE CO DBA
KIMBLE TRANSFER & RECYCLING IN AMT OF $17,275.36; AUTH AUDITOR TO DRAW
WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (DISPOSAL OF SOLID WASTE &
RECYCLING). – FINANCE COMMITTEE
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36. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE,
RECEIVE BIDS, AWARD AND ENTER INTO CONTRACT FOR SALE OF CITY OWNED REAL
PROPERTY LOCATED AT STARK COUNTY AUDITOR PARCEL #207839; AUTH MAYOR
AND/OR SERV DIR TO ENTER INTO ANY AND ALL CONTRACTS NECESSARY TO
FACILITATE SAID SALE; AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF
VOUCHERS; EMERGENCY (2040 3RD ST NE). – FINANCE COMMITTEE
37. STARK CO COMMISSIONERS: REQ ANNEXATION OF 2.755 ACRES IN PLAIN TWP (4595
KIRBY AVE NE ANNEX). – PLANNING COMMISSION
ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for… 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 5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS (O#3 THRU O#4 ADOPTED, O#5 ADOPTED AS AMENDED):
O#1. (1ST RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE TERRITORY KNOW
AS THE BROADWAY AVE 2021 ANNEXATION AREA CONTAINING
APPROIMATELY 67.904 ACRES, MORE OR LESS; ASSIGNING SAID
TERRITORY TO WARD 6 OF THE CITY; ZONING SAID TERRITORY AS I-1
LIGHT INDUSTRY; AND REQUIRING THE OWNER OF THE ANNEXED
TERRITORY TO PROVIDE A BUFFER SEPARATING THE USE OF THE
ANNEXED TERRITORY AND THE ADJACENT LAND REMAINING WITHIN THE
TOWNSHIP; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Annexation Committee
O#2. (1ST RDG) AN ORDINANCE RE-ESTABLISHING THE STOREFRONT REINVESTMENT
PROGRAM (“SRP”) AND AUTHORIZING THE MAYOR AND/OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO SRP GRANT AGREEMENTS; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance and Community & Economic Development Committees
O#3. (1ST RDG) ADOPTED AS ORDINANCE NO. 12/2022 AN ORDINANCE AUTHORIZING
FIFTEEN (15) DAYS OF VACATION AND GRANTING MS. JESSICA
LOGOTHETIDES CREDIT FOR SEVEN (7) YEARS OF SERVICE UNTIL SHE
ACHIEVES HER NEXT STEP WHICH BEGINS AT 11 YEARS, AND DECLARING
THE SAME TO BE AN EMERGENCY (LAW DEPT, BLDG/CODE ASST
PROSECUTOR)
Referred to Personnel Committee
O#4. (1ST RDG) ADOPTED AS ORDINANCE NO. 13/2022 AN ORDINANCE AUTHORIZING THE
AUDITOR TO PAY CANTON REGIONAL CHAMBER OF COMMERCE A MORAL
OBLIGATION IN THE AMOUNT OF $175,000.00 FOR SERVICES PERFORMED IN
2021; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred Community & Economic Development and Finance Committees
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O#5. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 14/2022 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO CONVEY
CITY OWNED REAL PROPERTY, NO LONGER NEEDED FOR MUNICIPAL
PURPOSES, TO THE CANTON COMMUNITY IMPROVEMENT CORPORATION;
AND DECLARING THE SAME TO BE AN EMERGENCY (PARCELS 380308 &
380309, CIRELLI BLDG, 630 30TH ST. NW)
Referred Community & Economic Development Committee
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Majority leader.
MEMBER SMUCKLER: I think it might be appropriate if we referred number four to Community &
Economic Development and Finance. Uh… we just had a clerical error… it would…
PRESIDENT SHERER: So for the record, Ordinance #4 will be referred to Finance Committee and Commu…
Community & Economic…
MEMBER SMUCKLER: Actually the opposite way, CD would be the lead on this.
PRESIDENT SHERER: CD would be the lead, ok. At this time, the Chair would declare an in-house recess for
Personnel, Finance, and Community & Economic Committees to meet in regards to Ordinance 3, 4, and 5 on
your agenda this evening. You are now in recess.
(COUNCIL RECESSED AT 7:26 PM FOR THE PERSONNEL, FINANCE, AND COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEES TO DISCUSS ORDINANCES #3 THROUGH
ORDINANCES #5; RECONVENED AT 7:39 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend Rule 22A to place Ordinances 3 through 5 back on
this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been move… moved and seconded to suspend Rule 22A to place Ordinances 3
through 5 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 3 through 5 is a legal part of your agenda. Leader.
MEMBER SMUCKLER: Mr. President, I move we suspend the Statutory Rules of Ordinance 3 through 5.
MEMBER BABCOCK: Second.
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PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 3 through
5. 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 #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 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
#3 ADOPTED AS ORDINANCE NO. 12/2022
PRESIDENT SHERER: The motion carries and Ordinance #3 is adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #4.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #4. Are there any remarks
under this Ordinance?
MEMBER MORRIS: Mr. President.
PRESIDENT SHERER: Member Morris.
MEMBER MORRIS: I actually cracked a smile when I saw this one because last time we passed this, Leader
you are correct we passed you… a two-year contract. I always kind of figured that the two-year contract was so
you guys only had to listen to me gripe and complain one year. And you didn’t have to listen to me the second
year but due to a clerical issue you get to listen to me in year two. So let’s ask ourselves before we uh…
approve this moral ob on a contract. How did the chamber actual fulfil their contract in 2020? You were in the
middle of a pandemic, nothing was moving, Hall of Fame events were shut down, there was no ribs burnoff,
there was no jazz festival, there was no farmers market, there was nothing. We were in a complete lockdown.
So what did they do with the money? Cause you… you know for sure it wasn’t to market Nationwide because if
they spent $175,000.00 of our dollars on that, well that was an epic fail, cause we ended up bailing em out
buying it. So I… I know we’ll rubber stamp this one, we’ll just push it on down the line but just think about it.
Where did your money go in 2020? Thank you, Mr. President.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 45
MINUTES OF THE MEETING JANUARY 24, 2022
PRESIDENT SHERER: Thank you, Member Morris Are there any additional remarks under this Ordinance?
…Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 10 YEAS, 1 NAYS, 1 ABSTAIN
(MEMBER MORRIS VOTED NAY, MEMBER GIAVASIS ABSTAINED)
CLERK WOOD: Twelve yeas, one no, one abstention Mr. President.
#4 ADOPTED AS ORDINANCE NO. 13/2022
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? Leader.
MEMBER SMUCKLER: Mr. President, I move we amend Ordinance #5 by the substitute Ordinance before
every Council Member.
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: Mr. President.
PRESIDENT SHERER: Member Morris.
MEMBER MORRIS: Compliments to the Mayor and the entire administration for facilitating such an awesome
deal. We welcome you gentlemen into our community and as I said in our meeting, you are the first to come
here and want to do something good for our community, economic and development wise, without your hand
out asking for money. Uh… you guys are a blessing, thank you.
PRESIDENT SHERER: Thank you, Member Morris. Are there any additional remarks?
MEMBER GIAVASIS: Mr. President.
PRESIDENT SHERER: Member Giavasis.
MEMBER GIAVASIS: I also like to congratulate the Mayor, his administration, and the Economic
Development Department for uh… bringing this development to the city of Canton. It’s going to be a huge asset
to not only the city but that entire area, 30th street.
PRESIDENT SHERER: Thank you, Member Giavasis. Are there any additional remarks?
MEMBER MARIOL: Mr. President.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 46
MINUTES OF THE MEETING JANUARY 24, 2022
PRESIDENT SHERER: Member Mariol.
MEMBER MARIOL: The Cirelli Building has been a concern for… uh… 7th Ward and 30th street… uh in
general. Uh… Having this…. development happen there… uh… not only solidifies a problem on 30th street but
is something we can build off of. And not only is this good for the city, good for 30th street, but its offering
um…our constituents access to, what I feel is… is one of the best um… medical facilities you can find in the
area. I was just at Akron Children’s Hospital, in the Akron uh… branch today. The facilities are unbelievable, if
anyone hasn’t been in uh… one of their facilities. Uh… I encourage you go check it out but this is going to be
such addition to 7th Ward and the city as whole, and really excited to see this thing built. Thank you.
PRESIDENT SHERER: Thank you, Member Mariol. Are there 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 that we adopt Ordinance #5, as amended with the substitute
Ordinance.
MEMBER BABCOCK: Second.
AMENDMENT
Pursuant to Rule 36, I move to amend Agenda Item No. 5 by the substitution of the attached ordinance
for the original pending ordinance.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #5 as amended. Are there any
remarks under this Ordinance as amended? …Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTAIN
(MEMBER HALL ABSTAINED)
CLERK WOOD: Eleven yeas, one abstention Mr. President.
#5 ADOPTED AS AMENDED AS ORDINANCE NO. 14/2022
PRESIDENT SHERER: The motion carries and Ordinance #5, as amended, has been adopted.
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 #6.
O#6. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO CONTRACT WITH THE STARK COUNTY PUBLIC DEFENDER
COMMISSION FOR THE PROVISION OF LEGAL SERVICES TO INDIGENTS;
AND DECLARING THE SAME TO BE AN EMERGENCY
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 47
MINUTES OF THE MEETING JANUARY 24, 2022
O#7. (2ND 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)
O#8. (2ND 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
O#9. (2ND 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)
O#10. (2ND 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)
O#11. (2ND 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)
O#12. (2ND 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 6TH
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
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 48
MINUTES OF THE MEETING JANUARY 24, 2022
WITHIN CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (PID
102743)
O#13. (2ND RDG) ADOPTED AS ORDINANCE NO. 15/2022 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)
O#14. (2ND RDG) ADOPTED AS ORDINANCE NO. 16/2022 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)
O#15. (2ND RDG) ADOPTED AS ORDINANCE NO. 17/2022 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 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)
MEMBER SMUCKLER: Mr. President.
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: I move we suspend the Statutory Rules of Ordinances 13 through 15.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend the Statutory Rules on Ordinances 13
through 15. Are there any remarks? …Hearing none, b… roll call… 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 #13.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #13. Are there any remarks?
…Hearing none, roll call vote, please.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 49
MINUTES OF THE MEETING JANUARY 24, 2022
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
#13 ADOPTED AS ORDINANCE NO. 15/2022
PRESIDENT SHERER: The motion carries and Ordinance #13 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #14.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #14. 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.
#14 ADOPTED AS ORDINANCE NO. 16/2022
PRESIDENT SHERER: The motion carries and Ordinance #14 has been adopted. Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #15.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #15. 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.
#15 ADOPTED AS ORDINANCE NO. 17/2022
PRESIDENT SHERER: The motion carries and Ordinance #15 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. Madam Clerk, would you please begin with Ordinance #16, please.
NOTE: PRESIDENT SHERER CALLED UPON CLERK WOOD TO READ ORDINANCE #16
THROUGH ORDINANCE #18 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE
LAW, AS FOLLOWS:
O#16. (3rd 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
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 50
MINUTES OF THE MEETING JANUARY 24, 2022
PRESIDENT SHERER: Leader.
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. 18/2022
PRESIDENT SHERER: Motion carries and Ordinance #16 is adopted. Ordinance #17, please.
O#17. (3rd 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
PRESIDENT SHERER: Leader.
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. 19/2022
PRESIDENT SHERER: Motion carries and Ordinance #17 is adopted. Ordinance #18, please.
O#18. (3rd 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
PRESIDENT SHERER: Leader.
MEMBER SMUCKLER: Mr. President, I move we adopt Ordinance #18.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 51
MINUTES OF THE MEETING JANUARY 24, 2022
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #18. Are there any remarks?
…Hearing none, roll call vote, please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK WOOD: Twelve yeas, Mr. President.
#18 ADOPTED AS ORDINANCE NO. 20/2022
PRESIDENT SHERER: Motion carries and Ordinance #18 is adopted. Thank you, Madam Clerk.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under Announcement of Committee Meetings. Our next meeting date
will be February 7th, at 6:30 P.M.
MEMBER BABCOCK: Personnel will meet Mr. Chairman… I mean Mr. President, I’m sorry…Personnel will
meet at same time... or… at… what was the date?
PRESIDENT SHERER: 6… it would be February 7th at 6:30.
MEMBER BABCOCK: February 2nd…
PRESIDENT SHERER: 7th.
MEMBER BABCOCK: 7th at 6:30.
PRESIDENT SHERER: Thank you, Mem… Member Babcock.
MEMBER MARIOL: Mr. President.
PRESIDENT SHERER: Member Mariol.
MEMBER MARIOL: Annexation will meet same time, same place.
PRESIDENT SHERER: Thank you, Member Mariol.
MEMBER HAWK: Mr. President.
PRESIDENT SHERER: Member Hawk.
MEMBER HAWK: Finance will meet same time, same place.
PRESIDENT SHERER: Thank you, Member Hawk.
MEMBER HALL: Mr. President.
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 52
MINUTES OF THE MEETING JANUARY 24, 2022
PRESIDENT SHERER: Member Hall.
MEMBER HALL: Community & Economic Development same time, same place.
PRESIDENT SHERER: Thank you, Member Hall.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We are now under any Miscellaneous Business. Is there any Miscellaneous Business
for this evening? ... Hearing none… Leader.
MEMBER SMUCKLER: Mr. President, before we end this evening, I… want to get on to the positive. And the
positive tonight is… we’re redoing water lines that are over 100 years old in this community and we passed
them tonight. And these water lines have to be redone. And needless to say to go along with our other two
medical facilities, that are very fine facilities in this community of Aultman Hospital and Cleveland Clinic,
we’ve now entered a phase where we’re getting a third facility in here with Akron Children’s Hospital. I, like
you, are excited that we’ve… been able to cross the bridge at 30th street and do something that I think is positive
for the whole community. Uh… tonight I think we did a great job, in taking this community to the next step.
And I thank you all for being here this evening to help do that. And with that, 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.
MEMBER SMITH: Excuse me… Excuse me.
PRESIDENT SHERER: Guys… Guys hang on for a second.
MEMBER SMITH: Go head Mr. President, I know what you getting ready to say.
PRESIDENT SHERER: If we could just to be… politically correct. Everybody should be seated till this
meeting is adjourned, if we could
MEMBER SMITH: Thank you Mr. President.
PRESIDENT SHERER: This meeting is now adjourned. Thank you (Gavel falls).
ADJOURNMENT TIME: 8:00 PM
COUNCIL PROCEEDINGS JOURNAL 110 JOURNAL PAGE 53
MINUTES OF THE MEETING JANUARY 24, 2022
ATTEST: 1/26/22 APPROVED:
JILL M. WOOD WILLIAM SHERER
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM JANUARY 24, 2022
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#3 – O#5; 2nd Rdg O#6 - O#15; O#3 & O#4
Adopted on 1st Rdg; O#5 Adopted as Amended on 1st Rdg; O#13 – O#15 Adopted on 2nd Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Kim Bell distributed hand-outs regarding the shooting of James Williams. She said
that when she stopped to help the protestors, the police gave her a parking ticket. She felt threatened by their approach. She
requested Member Scaglione’s and Mayor Bernabei’s resignations because no one checked on James Williams’ family and
children. Those children will never trust the police. She emphasized that they killed another Black man. Skylark Bruce also
spoke about the shooting of James Williams. She stated that celebratory gunfire is a minor misdemeanor, not a capital crime.
No one deserves to die for doing so. She said that the officer was too scared to do his job right and failed in many of his
responsibilities. She feels he should be held accountable.
INFORMAL RESOLUTIONS:
8. PERSONNEL COMMITTEE: CONFIRM REAPPT OF PATRICK MCCARTHY TO INVESTMENT
BOARD COMMENCING 1/1/22 TO 12/31/23. - ADOPTED
14. COUNCIL-AS-A-WHOLE: COMMENDING THE FETTMAN FAMILY AND DAVIES PHARMACY
FOR THEIR GENEROSITY AND SERVICES TO CANTON RESIDENTS.
- ADOPTED
15. PERSONNEL COMMITTEE: CONFIRM APPT OF MR. JEFF DAFLER TO TAX INCENTIVE REVIEW
BOARD COMMENCING 1/24/22 TO 12/31/23. – ADOPTED
16. PERSONNEL COMMITTEE: CONFIRM REAPPT OF MS. JANELLE LEE TO TAX INCENTIVE
REVIEW BOARD COMMENCING RETRO FR 1/1/22 TO 12/31/23. -
ADOPTED
COMMUNICATIONS:
24. CHIEF OF POLICE ANGELO: RPT OF DEPOSITS AND PAY-INS TO AMBULANCE LOCK BOX FOR
DECEMBER 2021. – RECEIVED & FILED
25. DEPUTY MAYOR WILLIAMS: AUTH AUDITOR TO PAY MORAL OB IN AMT OF $175,000.00 FOR
ECONOMIC DEVELOPMENT SERVICES TO CANTON REGIONAL
CHAMBER OF COMMERCE; EMERGENCY. – COMMUNITY &
ECONOMIC DEVELOPMENT AND FINANCE COMMITTEES
26. DEPUTY MAYOR WILLIAMS: AUTH MAYOR AND/OR SERV DIR TO TFR PERMANENT PARCEL
#224188 LOCATED AT 510 11TH ST NW WHICH IS NO LONGER
NEEDED FOR MUNICIPAL PURPOSES TO CANTON COMMUNITY
IMPROVEMENT CORP FOR SUBSEQUENT TRF TO BW P&L
HOLDINGS LLC PER ORC 761.02 AND 1724.10. – COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE
27. DEPUTY MAYOR WILLIAMS AUTH PROPERTY LOCATED AT 630 30TH ST NW, WHICH CONSISTS
COUNCIL MBR MARIOL (WARD 7) OF PARCELS 380308 AND 380309 AND IS NO LONGER NEEDED FOR
COUNCIL MBR MORRIS (WARD 9) MUNICIPAL PURPOSES, BE CONVEYED TO CANTON COMMUNITY
COUNCIL MBR-AT-LG GIAVASIS IMPROVEMENT CORP FOR ECONOMIC DEVELOPMENT PURPOSES
COUNCIL MBR-AT-LG SMUCKLER: AND FOR SUBSEQUENT CONVEYANCE TO A. ALTMAN
DEVELOPMENT CO FOR $1.00; AUTH AUDITOR TO DRAW
WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (CIRELLI
BLDG, FOR AKRON CHILDREN’S HOSP BEHAVIOR HEALTH CARE
CTR). – COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
28. MAYOR BERNABEI: ADVISE OF APPT OF MR. HECTOR MCDANIEL TO MAYOR’S
COMMUNITY RELATIONS COMMISSION COMMENCING
IMMEDIATELY TO 12/31/23. – RECEIVED & FILED
29. MAYOR BERNABEI: REQ AUTH OF APPTS OF MS. CATHY WYATT, MR. DAVID BECK AND
MR. STEVE COON TO ARCHITECTURAL REVIEW BOARD; MS.
WYATT’S TERM COMMENCING 2/7/22 TO 12/31/22; MR. BECK’S
TERM COMMENCING 2/7/22 TO 12/31/23; MR. COON’S TERM
COMMENCING 2/7/22 TO 12/31/25. – PERSONNEL COMMITTEE
30. MAYOR BERNABEI: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACT WITH
CANTON CITY SCHOOL DISTRICT BOARD OF EDUCATION FOR 2022
PROMOTION OF EDUCATION & EMPLOYMENT PROJ (PEEP) PROG
FOR AMT NOT TO EXCEED $115,000.00; AUTH AUDITOR TO DRAW
WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. –
FINANCE COMMITTEE
CANTON CITY COUNCIL PAGE | 2 JANUARY 24, 2022
COMMUNICATIONS CONTINUED:
31. PLANNING COMMISSION: RECOMMEND APPROVAL OF ZONE CHANGE AT 1819 MARKET AVE
N (PARCELS 230241, 230242 & 230243) FR R-4 (MULTI-FAMILY
RESIDENTIAL DISTRICT) TO PB-1 (PLANNED BUSINESS OFFICE
DISTRICT) FOR SMALL ANIMAL VET CLINIC, WARD 9 (ATTY
CHARLES HALL FOR DR. MICHELLE N. HALL). – JUDICIARY
COMMITTEE
32. PLANNING COMMISSION: APPROVE WARD ASSIGNMENT AND ZONE CLASSIFICATION FOR
THE AMBAFLEX 2021 ANNEXATION (I-1 LIGHT INDUSTRY DISTRICT,
WARD 5). – ANNEXATION COMMITTEE
33. PLANNING DIRECTOR ANGUS: ESTABLISH PUBLIC REALM REINVESTMENT PROG USING UP TO
$250,000.00 OF ISSUE 13 COMPREHENSIVE PLAN FUNDS; AUTH
MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACTS WITH
APPROVED PUBLIC REALM BUSINESSES; AUTH AUDITOR TO
DRAW WARRANTS FROM ISSUE 13 COMPREHENSIVE PLAN FUND
IN AMT NOT TO EXCEED $250,000.00; EMERGENCY. – FINANCE
AND DOWNTOWN DEVELOPMENT COMMITTEES
34. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ENTER INTO AGMT WITH
STARK COUNTY BOARD OF COMMISSIONER’S FOR STARK
COUNTY’S PAYMENT OF THEIR SHARE OF COSTS RELATED TO
CLEANING AND TELEVISING OF LARGE DIAMETER SEWERS THAT
TOOK PLACE PRIOR TO 1/1/22; AUTH AUDITOR TO DRAW
WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY (30% OF
TOTAL COST OF $1,620,745.07 - $486,223.52). – FINANCE
COMMITTEE
35. SERVICE DIRECTOR HIGHMAN: AUTH AUDITOR TO PAY MORAL OB TO KIMBLE CO DBA KIMBLE
TRANSFER & RECYCLING IN AMT OF $17,275.36; AUTH AUDITOR TO
DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY
(DISPOSAL OF SOLID WASTE & RECYCLING). – FINANCE
COMMITTEE
36. SERVICE DIRECTOR HIGHMAN: AUTH MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS,
AWARD AND ENTER INTO CONTRACT FOR SALE OF CITY OWNED
REAL PROPERTY LOCATED AT STARK COUNTY AUDITOR PARCEL
#207839; AUTH MAYOR AND/OR SERV DIR TO ENTER INTO ANY
AND ALL CONTRACTS NECESSARY TO FACILITATE SAID SALE;
AUTH AUDITOR TO DRAW WARRANTS UPON RECEIPT OF
VOUCHERS; EMERGENCY (2040 3RD ST NE). – FINANCE
COMMITTEE
37. STARK CO COMMISSIONERS: REQ ANNEXATION OF 2.755 ACRES IN PLAIN TWP (4595 KIRBY AVE
NE ANNEX). – PLANNING COMMISSION
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING:
1ST RDG 1. AUTH CANTON TO ANNEX TERRITORY KNOWN AS THE BROADWAY AVE 2021 ANNEXATION AREA
CONTAINING APPROX 67.904 ACRES, MORE OR LESS; ASSIGN SAID TERRITORY TO WARD 6 OF
CITY; ZONE SAID TERRITORY AS I-1 LIGHT INDUSTRY; REQUIRE OWNER OF ANNEXED TERRITORY
TO PROVIDE BUFFER SEPARATING USE OF ANNEXED TERRITORY AND ADJACENT LAND
REMAINING WITHIN TWP; EMERGENCY PUB HRG 2/14/22 @ 7:00 PM
Referred to Annexation Committee
1ST RDG 2. RE-ESTABLISH STOREFRONT REINVESTMENT PROG (“SRP”) AND AUTH MAYOR AND/OR SERV DIR
TO ENTER INTO SRP GRANT AGMTS; EMERGENCY
Referred to Finance and Community & Economic Development Committees
(COUNCIL RECESSED AT 7:26 PM FOR PERSONNEL, FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT
COMMITTEES TO DISCUSS O#3 THROUGH O#5; RECONVENED AT 7:39 PM)
12/2022 3. AUTH FIFTEEN (15) DAYS OF VACATION AND GRANT MS. JESSICA LOGOTHETIDES CREDIT FOR
SEVEN (7) YEARS SERVICE UNTIL SHE ACHIEVES HER NEXT STEP WHICH BEGINS AT 11 YEARS;
EMERGENCY (LAW DEPT, BLDG/CODE ASST PROSECUTOR)
Referred to Personnel Committee
13/2022 4. AUTH AUDITOR TO PAY CANTON REGIONAL CHAMBER OF COMMERCE MORAL OB IN AMT OF
$175,000.00 FOR SERVICES PERFORMED IN 2021; EMERGENCY
Referred to Community & Economic Development and Finance Committees
AMENDED AS
14/2022 5. AUTH MAYOR OR SERV DIR TO CONVEY CITY-OWNED REAL PROPERTY, NO LONGER NEEDED
FOR MUNICIPAL PURPOSES, TO CANTON COMMUNITY IMPROVEMENT CORP; EMERGENCY
(PARCELS 380308 & 380309, CIRELLI BLDG, 630 30TH ST NW)
Referred to Community & Economic Development Committee
CANTON CITY COUNCIL PAGE | 3 JANUARY 24, 2022
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#6 - O#15; O#13 – O#15 ADOPTED)
2ND RDG 6. AUTH SERV DIR TO ENTER INTO CONTRACT WITH STARK COUNTY PUBLIC DEFENDER
COMMISSION FOR PROVISION OF LEGAL SERVICES TO INDIGENTS; EMERGENCY (FIN)
2ND RDG 7. 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
PROSECUTOR’S OFFICE; EMERGENCY (2-YR CONTRACTS W/ E. CANTON, E. SPARTA, HARTVILLE,
LOUISVILLE, MAGNOLIA, N. CANTON, WAYNESBURG; 1/1/22/ TO 12/31/24) (FIN)
2ND RDG 8. 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 (FIN)
2ND RDG 9. 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) (EPU & FIN)
2ND RDG 10. 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) (PPCI & FIN)
2ND RDG 11. 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) (EPU & FIN)
2ND RDG 12. 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) (PS&T)
15/2022 13. AUTH AND CONSENTING TO THE RESURFACING OF SR687 FROM CLARENDON TO CLEARVIEW
AVE; EMERGENCY (PID 114922) (PS&T)
16/2022 14. 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)
(FIN)
17/2022 15. 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) (EPU & FIN)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
18/2022 16. AUTH PARKS & REC DIR TO ENTER INTO AGMT WITH J. BABE STERN COMMUNITY CTR (JBSC) TO
PROVIDE FUNDING FOR RECREATIONAL SERVS AT JBSC
19/2022 17. 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
20/2022 18. 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)
ANNOUNCEMENT OF COMMITTEE MEETINGS:
MONDAY, FEBRUARY 7, 2022 in Council Caucus Room @ 6:30 PM
1) Personnel Committee
2) Annexation Committee
3) Finance Committee
4) Community & Economic Development Committee
CANTON CITY COUNCIL PAGE | 4 JANUARY 24, 2022
MISCELLANEOUS BUSINESS: Member Smuckler stated that two positive things are happening in the City. They are
redoing 100-year old water lines and they are getting a third medical facility, Akron Children’s Hospital, in addition to the two
existing medical facilities, Aultman Hospital and Cleveland Clinic, all of which are fine facilities. He thanked everyone present
this evening for helping this to happen.
ADJOURNMENT: 8:00 PM
THE NEXT REGULAR COUNCIL MEETING WILL BE HELD ON MONDAY, FEBRUARY 7, 2022 @ 7:00 PM
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