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City Council

Regular Meeting

Canton, OH · December 16, 2024

AgendaMinutes

Minutes

COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 531 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: Good evening ladies and gentlemen and welcome to Canton City Council. If every one would please turn your cell phones to vibrate, we would appreciate it. With a quorum being present, the Chair calls this meeting of Canton City Council to order. Roll call, please, Madam Clerk. ROLL CALL TAKEN BY CLERK WOOD: 9 COUNCIL MEMBERS PRESENT: (JOHN MARIOL, JAMES BABCOCK, LOUIS GIAVASIS, BRENDA KIMBROUGH, JASON SCAGLIONE, ROBERT FISHER, JONATHAN COOKS, RICHARD SACCO & FRANK MORRIS) NINE COUNCIL MEMBERS PRESENT (MEMBER HAWK, MEMBER CRYSTAL SMITH, AND MEMBER CHRIS SMITH ABSENT) CLERK WOOD: Nine present, three absent, Madam President. EXCUSING MEMBERS PRESIDENT BATES AYLWARD: Thank you, Leader Mariol. MEMBER MARIOL: Madam President, I move we excuse Member Hawk, Member Crystal Smith, and Member Chris Smith from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to excuse Members Hawk, Crystal Smith, and Chris Smith from this evenings meeting. Are there any remarks?…Hearing none, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Members Hawk, Crystal Smith, and Chris Smith are excused from this evening’s meeting. Tonight’s invocation will be giving by … given by Ward 3 Council Member, Jason Scaglione. If you’ll please stand and remain standing for our Pledge of Allegience. The regular meeting of Canton City Council was held on December 16, 2024 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 Bates Aylward. AGENDA CORRECTIONS AND CHANGES PRESIDENT BATES AYLWARD: Thank you, Member Scaglione. MEMBER SCAGLIONE: You’re welcome. PRESIDENT BATES AYLWARD: We are now under Agenda Corrections and Changes. Leader Mariol. MEMBER MARIOL: Madam President, I move we suspend Rule 22A to add Second Readings Ordinances #17 through #19 to this evening’s agenda. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 532 MINUTES OF THE MEETING DECEMBER 16, 2024 MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to add Ordinances 17 through 19 to this evening’s agenda. Are there any remarks?...Roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinances 17 through 19 are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT BATES AYLWARD: We are now under Public Hearings and we have none for this evening. OLD BUSINESS PRESIDENT BATES AYLWARD: We are now under Old Musi … Business. And I believe Member Mariol, you wanted to address something in Old Business. MEMBER MARIOL: Yes, uh … thank you. The um … topic of the presentation, conducted by the Chambers of Commernce at the Civic Center, came up last meeting and I just wanted to let everybody know that um … I’ve been informed that the Chamber of Commerce has been billed for the usage of the Civic Center. So, they will be paying for the usage of that room. Thank you. PRESIDENT BATES ALYWARD: Thank you, uh … Leader. Is there any other Old Business? Okay, thank you. PUBLIC SPEAKS PRESIDENT BATES ALYWARD: Pursuant to Rule 12(b), we will be moving Public Speaks to right before Miscellaneous Business. INFORMAL RESOLUTIONS PRESIDENT BATES AYLWARD: We are now under Informal Resolutions and we have one for this evening. Madam Clerk, will you please read Informal Resolution #1, by title. 1. PERSONNEL COMMITTEE: CONFIRM APPT OF MR. PATRICK WYATT TO ZONING BOARD OF APPEALS COMMENCING 1/1/25 TO 12/31/27. – ADOPTED PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Informal Resolution #1. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Informal Resolution #1. Are there any remarks? …Hearing none, by voice vote, all in favor signify by saying aye. Opposed, no. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 533 MINUTES OF THE MEETING DECEMBER 16, 2024 NO REMARKS RESOLUTION #1 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT BATES AYLWARD: The ayes have it, the motion carries and Informal Resolution #1 is adopted. Thank you. COMMUNICATIONS PRESIDENT BATES AYLWARD: We are now under Communications. Let the journal know 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 WITH THE AGENDA ITEMS FILE DATED DECEMBER 16, 2024. 2. REQ REPLAT LOTS 6107 & 6108 (CANTON FOR ALL PEOPLE, 301-305 BROWN AVE NW, WARD 1). - PLANNING SECRETARY BAILEY 3. REQ REPLAT OF PART OF LOTS 1600, 1602, AND PART OF VACATED ROAD (CANTON FOR ALL PEOPLE, 1002 3RD ST NW, WARD 1). - PLANNING SECRETARY BAILEY 4. REQ REPLAT OF LOTS 4498, 4499, & 4500 (CANTON FOR ALL PEOPLE, 400 BLK OF NEWTON AVE NW, WARD 1). - PLANNING SECRETARY BAILEY 5. REQ REPLAT OF LOTS 1587 & 1588 (CANTON FOR ALL PEOPLE, 219 NEWTON AVE NW, WARD 1). - PLANNING SECRETARY BAILEY 6. REQ REPLAT OF OUTLOT 796 AND PART OF OUTLOT 795 (TRISHA FERRUCCIO, 3000 ATLANTIC BLVD NE, WARD 6). - PLANNING SECRETARY BAILEY 7. REQ REPLAT OF LOTS 29497 & 29498 (JOHN AND REBEKAH EISENBARTH, 702 22ND ST NE, WARD 9). - PLANNING SECRETARY BAILEY 8. REQ REPLAT OF LOTS 1898 & 1899 (HABITAT FOR HUMANITY, 607 14th ST SE, WARD 4). - PLANNING SECRETARY BAILEY 9. REQ ACCEPTANCE OF BJA FY 24 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT - LOCAL SOLICITATION AWARD #15PBJA-24-GG-JAGX; EMERGENCY (SUPP APPROP FR2769 FY 24 EDWARD BYRNE MEM GRANT FUND TO 1001 102001 - POLICE ADMIN - OTHER). - SAFETY DIRECTOR PERRY 10. REQ ODOT STA - 11TH ST SE IMPROVEMENTS, PID 90465, GP1144 - CHANGE ORDER NO. 5; EMERGENCY. - SERVICE DIRECTOR HIGHMAN 11. REQ 28TH ST NW RIGHT-OF-WAY ACQUISITION AUTHORIZATIONS; EMERGENCY. - SERVICE DIRECTOR HIGHMAN COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 534 MINUTES OF THE MEETING DECEMBER 16, 2024 12. REQ MINOR AMENDMENT TO 2022 ANNUAL ACTION PLAN; EMERGENCY (2022 HOME INVESTMENT PARTNERSHIP GRANT). - SERVICE DIRECTOR HIGHMAN 13. REQ MINOR AMENDMENT TO 2024 ANNUAL ACTION PLAN; EMERGENCY (2024 COMMUNITY DEVELOPMENT BLOCK GRANT). - SERVICE DIRECTOR HIGHMAN 14. REQ IMPLEMENTATION OF 2021 HOME ARP PROGRAMS; EMERGENCY (HOME- AMERICAN RESCUE PLAN PROGRAM). - SERVICE DIRECTOR HIGHMAN ORDINANCES AND FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their First Reading. Madam Clerk, would you please beging with Ordinance #15. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #15 & #16 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#15 AND O#16 ADOPTED): O#15. (1ST RDG) ADOPTED AS ORDINANCE NO. 252/2024 AN ORDINANCE AMENDING ORDINANCE NO. 9/2024, AS AMENDED, TO ESTABISH THE ATTACHED EXHIBIT A AS THE CLASSIFICATION PLAN FOR THE COMMUNITY DEVELOPMENT DEPARTMENT BARGAINING UNIT PERSONNEL AND EXHIBIT B AS THE CLASSIFICATION PLAN FOR THE PLANNING DEPARTMENT BARGAINING UNIT PERSONNEL, EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee O#16. (1ST RDG) ADOPTED AS ORDINANCE NO. 253/2024 AN ORDINANCE REJECTING THE REPORT OF THE FACTFINDER REGARDING THE COLLECTIVE BARGAINING AGREEMENT BEWEEN THE CITY OF CANTON AND CANTON PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL 249; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel Committee CLERK WOOD: Madam President. PRESIDENT BATES AYLWARD: Thank you. At this time the Chair would declare an in-house recess for the Personnel Committee to meet in regard to Ordinances 15 & 16 on your agenda this evening. You are now in recess. (COUNCIL RECESSED AT 7:23 PM FOR THE PERSONNEL COMMITTEE TO MEET IN REGARDS TO O#15 & O#16; RECONVENED AT 7:29 PM) PRESIDENT BATES AYLWARD: Council is now reconvening after the recess, Leader. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 535 MINUTES OF THE MEETING DECEMBER 16, 2024 MEMBER MARIOL: Madam President, I move we suspend Rule 22A to place Ordinances 15 and 16 back on this evenings agenda. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to suspend Rule 22A to place Ordinances 15 and 16 back on this evenings agenda. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinances 15 and 16 are now a legal part of your agenda. Leader. MEMBER MARIOL: Madam President, I move we suspend Statutory Rules on Ordinances 15 and 16. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to suspend the Statutory Rules on Ordinances 15 and 16. Are there any remarks? …Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. You’ve heard the three readings. Leader. MEMBER MARIOL: Madam President, I move we adopt Ordinance #15. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: 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 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. #15 ADOPTED AS ORDINANCE NO. 252/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #15 has been adopted. Just to clarify, um … before Council is now an Ordinance to reject the Fact Finding Report uh … in … in regard to um … the Fire Union. Leader. MEMBER MARIOL: Madam President, I move we reject Ordinance #16. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 536 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES ALYWARD: No, we adopt Ordinance #16. Which rejects. That’s why I tried to clarify, it’s confusing. This Ordinance does reject it. MEMBER MARIOL: Madam … Madam President, I move we … we adopt Ordinance #16. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded that you adopt Ordinance #16. Are there any remarks under this Ordinance? MEMBER SACCO: Yes. PRESIDENT BATES ALYWARD: Yes, Member. MEMBER SACCO: If I wanted to accept the contract, how do I vote? PRESIDENT BATES ALYWARD: You will vote, no. MEMBER SACCO: Okay. PRESIDENT BATES ALYWARD: And I do want to clarify, just so everybody the … the Ordinace that’s purposed, rejects the Fact Finding Report. If you wish to reject it you will adopt this Ordinace. You will vote, yes. Correct? That’s what … that’s the Ordinance isn’t it? That says we reject. Yes. MEMBER MARIOL: Madam President, I believe with my motion to … to adopt Ordinance #16 and you specified that it is to reject the contract. PRESIDENT BATES ALYWARD: Right. MEMBER MARIOL: A vote in the affimitive is to reject. PRESIDENT BATES ALYWARD: An Ordinaces rejecting, and I’m just going to re-read this again. I don’t want anyone to be confused. An Ordinance rejecting the report of the Factfinder regarding the collective bargaining agreement beween the City of Canton and Canton Professional Firefighters Association Local 249; and declaring the same to be an emergency. So to clarify, a yes vote rejects and no vote would be in opposition to that. So, Madam Clerk, roll call vote, please. It … oh … I should stop. Is there any other question or concern? Okay. NO REMARKS ROLL CALL 8 YEAS, 1 NAYS (MEMBER SACCO VOTED NAY) CLERK WOOD: Eight yeas, one nay Madam President. #16 ADOPTED AS ORDINANCE NO. 253/2024 COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 537 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #16 has been adopted. Leader Mariol. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their Second Reading. Oh, I’m sorry. Oh, okay we’re going to get some signatures. I’m sorry. Thank you. We are now under Ordinances and Formal Resolutions for their Second Reading. Madam Clerk, would you please begin with Ordinance #17. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ ORDINANCES #17 THROUGH #19 FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#19 ADOPTED AS AMENDED): O#17. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ONE OR MORE CONSTRUCTION CONTRACTS FOR THE CANTON MEMORIAL CIVIC CENTER RESTROOM AND NORTH PARKING LOT EXPANSION PROJECT; ENTER INTO ONE OR MORE CONTRACTS FOR THIS PROJECT UTILIZING ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND ENTER INTO A DESIGN AND CONSTRUCTION OVERSIGHT CONTRACT WITH SOL HARRIS/DAY ARCHITECTURE, INC. IN AN AMOUNT NOT TO EXCEED $77,152; AUTHORIZES THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL; AMENDS THE 2025 TEMPORARY APPROPRIATIONS ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY O#18. (2ND RDG) AN ORDINANCE AUTHORIZING THE APPROPRIATE APPOINTING AUTHORITY, DURING CALANDER YEAR 2025, TO SELL CITY OWNED PERSONAL PROPERTY WHICH IS NOT NEEDED FOR PUBLIC USE, OR IS OBSOLETE OR UNFIT FOR THE USE FOR WHICH IT WAS ACQUIRED, BY INTERNET AUCTION PURSUANT TO O.R.C. 721.15(D); AND DECLARING THE SAME TO BE AN EMERGENCY O#19. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 254/2024 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 61/2024; AND DECLARING THE SAME TO BE AN EMERGENCY CLERK WOOD: Madam President. PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we suspend Statutory Rules on Ordinance #19. MEMBER BABCOCK: Second … Second. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 538 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: Thank you. It’s moved and seconded to suspend the Statutory Rules on Ordinances #19. Are there any remarks? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. The motion carries. You’ve heard the three readings. Leader. MEMBER MARIOL: Madam President, I move we adopt Ordinance #19. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded that you adopt Ordinance #19. Are there any remarks? MEMBER MARIOL: Madam President? PRESIDENT BATES ALYWARD: Yes. MEMBER MARIOL: I believe we have, do we have an Amendment on this one? Yes. I move move we amend Ordinance #19. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to amend Ordinance #19 per the copy before each of you. And this was discussed by Director Crouse earlier. Are there any remarks under this Ordinance? …Hearing none, by voice vote all those signify uh … in favor of this Amendment by saying aye. Opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT BATES AYLWARD: The ayes have it. The motion carries. Leader. MEMBER MARIOL: Madam President, I move we adopt Ordinance #19, as amended. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 19 by amending the current pending exhibit with the attached revised exhibit. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adopt Ordinance #19 as amended. Are there any remarks under this Ordinance, as it has been amended? … Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 539 MINUTES OF THE MEETING DECEMBER 16, 2024 #19 ADOPTED AS AMENDED NO. 254/2024 PRESIDENT BATES AYLWARD: Thank you, Madam Clerk. The motion carries and Ordinance #19 as amended, is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT BATES AYLWARD: We are now under Ordinances and Formal Resolutions for their Third, Final Reading and Vote. Madam Clerk, please begin with Ordinance #20. NOTE: PRESIDENT BATES AYLWARD CALLED UPON CLERK WOOD TO READ THE FOLLOWING ORDINANCE #20 THROUGH #24 FOR THEIR THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: O#20. (3RD RDG) ADOPTED AS ORDINANCE NO. 255/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SAFETY TO ENTER INTO A THREE YEAR PROFESSIONAL SERVICES AGREEMENT WITH MR. CHARLES CORCORAN, ARCHITECT DBA OAK GROUP, LLC TO SERVE AS THE CITY OF CANTON CHIEF BUILDING OFFICIAL IN AN AMOUNT NOT TO EXCEED $83,200 PER YEAR WITH A 5% INCREASE ANNUALLY IN YEARS TWO AND THREE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #20. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to adopt Ordinance #20. Are there any remarks? MEMBER MORRIS: Madam President? PRESIDENT BATES ALYWARDS: Yes, Member Morris MEMBER MORRIS: Can somebody tell me what the salary was prior to it being increased to $83,200, please. PRESIDENT BATES AYLWARD: Director. DIRECTOR PERRY: Madam President to Member Morris I believe um … it was $79,000, somewhere around there. Around 79 … about that amount. MEMBER MORRIS: Which was an increase of 5%? DIRECTOR PERRY: Yes, I believe so. MEMBER MORRIS: Which would be a total of 15% over three years. Which we just … COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 540 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: No, no, no it shouldn’t … no it’s not to exceed $83,200 per year. Oh, I’m sorry what is this … 5% in cha … I’m sorry. MEMBER MORRIS: So, that would be a 15% increase over three years, correct? DIRECTOR PERRY: Ms … Madam President to Member Morris, yes. MEMBER GIAVASIS: (inaudible) get $4,000 a year increase? PRESIDENT BATES AYLWARD: My math is not my strong suit. It’s 5%, per year is correct. Beginning at the $83,200. Are there any other um … comments? DIRECTOR PERRY: Um … Madam President to Member Morris um … Service Director Highman just brought up … up another point that I … in reference to this. This is a Professional Service Contract, we don’t pay insurance benefits or anything for him. Just straight Professional Services. He is going to work um … a little more hours tha he did previously due to the … we lost um … our previous person that was helping us out. So, he previously was $79,040 at $95 an hour. Um … we had the passing of Mr. Redo Alverez in December of 2023 which Mr. Corcoran then assumed additional roles as a Residential Building Official as well as a Residential Plans Examiner. So, we increased is pay by $5 to $100 per hour for maximum of 100 … uh … 800 in … 832 hours per year for a total of cost, not to exceed 83,200. So, that’s the full um … salary for him that was discussed last week in Second Reading. MEMBER MORRIS: Madam President. PRESIDENT BATES AYLWARD: Yes. MEMBER MORRIS: Thank you Safety Director, I’m just only concerned with the percentages. PRESIDENT BATES AYLWARD: Are there any other comments or concerns? MAYOR SHERER: Madam President. PRESIDENT BATES AYLWARD: Yes, Mayor. MAYOR SHERER: Just to add to that, now not … not about the percentages but a Chief Building Official is very very tough to find and a … and a expert in Plans Examiner. Especially with all the residential housing that we’re going to be looking to do in the city. The city of … the City of MassiLlion, their CBO is going to be retired and they’re going to have a very tough time replacing him and actually North Canton is going to be in the same boat. So, I think we’re fortunate to have … and he’s part time. I mean I’m definitely … I think we’re all in the wrong business but, you just can’t find certain you know, Chief Building Officials that have those qualifications. So, thank you. PRESIDENT BATES AYLWARD: Thank you, Mayor. Are there any other remarks under Ordinance #20?... Okay. Hearing none, we were at the point of roll call vote, please. NO REMARKS ROLL CALL 7 YEAS, 2 NAYS (MEMBERS SACCO AND MORRIS VOTED NAY) COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 541 MINUTES OF THE MEETING DECEMBER 16, 2024 CLERK WOOD: Seven yeas, two nays, Madam President. #20 ADOPTED AS ORDINANCE NO. 255/2024 PRESIDENT BATES AYLWARD: We’ll have to address uh … the emergency nature of that particular Ordinance. But, we can address that at the proper time. The motion carries and Ordinance #20 is adopted. Ordinance #21, please. O#21. (3RD RDG) ADOPTED AS ORDINANCE NO. 256/2024 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO ONE OR MORE CONTRACTS FOR CONSTRUCTION OF CLEVELAND AVE. NW RESURFACING PROJECT - GP 1283 AND TO ENTER INTO ONE OR MORE CONTRACTS FOR THIS PROJECT UTILIZING ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #21. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to adopt Ordinance #21. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. #21 ADOPTED AS ORDINANCE NO. 256/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #21 is adopted. Ordinance #22, please. O#22. (3RD RDG) ADOPTED AS ORDINANCE NO. 257/2024 AN ORDINANCE AMENDING ORDINANCE NOS. 68/2019, 100/2011 AND ANY OTHER ORDINANCES INCONSISTENT WITH THE UPDATED POLICES BY ESTABLISHING THE ATTACHED EXHIBIT AS THE PERSONNEL GUIDELINES FOR RECRUITING, HIRING, AND RETAINING NON-BARGAINING PERSONNEL WITHIN THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #22. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 542 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: It’s moved and seconded that you adopt Ordinance #22. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. #22 ADOPTED AS ORDINANCE NO. 257/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #22 is adopted. Ordinance #23, please. O#23. (3RD RDG) ADOPTED AS ORDINANCE NO. 258/2024 AN ORDINANCE AUTHORIZING THE MAYOR, DIRECTOR OF PUBLIC SERVICE OR DIRECTOR OF PUBLIC SAFETY TO APPLY FOR, ENTER INTO AGREEMENT FOR, AND RECEIVE FUNDS FROM ANY AND ALL POTENTIAL FUNDING SOURCES FOR VARIOUS CITY PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #23. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded to adopt Ordinance #23. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. #23 ADOPTED AS ORDINANCE NO. 258/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #23 is adopted. Ordinance #24 , please. O#24. (3RD RDG) ADOPTED AS ORDINANCE NO. 259/2024 AN ORDINANCE AUTHORIZING THE MAYOR AND/OR DIRECTORS OF PUBLIC SERVICE AND SAFETY TO: ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO VARIOUS CONTRACTS FOR SUPPLY EQUIPMENT, ITEMS, MATERIALS, SUPPLIES, AND SERVICES PURSUANT TO CODIFIED ORDINANCE SECTION 105.09; ENTER INTO PROFESSIONAL SERVICES CONTRACTS PURSUANT TO CODIFIED ORDINANCE SECTION 105.10; ENTER INTO CONTRACTS PURSUANT TO O.R.C. SECTION 735.05 WITH QUALIFIED NONPROFIT AGENCIES; ENTER INTO CONTRACT FOR THE PURCHASE OF SUPPLY EQUIPMENT, ITEMS, MATERIALS, SUPPLIES, AND SERVICES UTILIZING ANY PURCHASING PROCESS AUTHORIZED BY EITHER THE O.R.C. OR CANTON CODIFIED COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 543 MINUTES OF THE MEETING DECEMBER 16, 2024 ORDINANCES; ENTER INTO CHANGE ORDERS AND/OR CONTRACT AMENDMENTS FOR SAID PURCHASES DURING THE 2025 CALENDAR YEAR; WAIVING THE INFORMAL RESOLUTION REQUIREMENTS; AUTHORIZING THE AUDITOR TO PAY ALL MORAL OBLIGATIONS FOR CONTRACT CHANGE ORDERS THAT ARE OTHERWISE APPROVED BY THE BOARD OF CONTROL PURSUANT TO ORDINANCE 105.14; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT BATES AYLWARD: Thank you. Leader Mariol. MEMBER MARIOL: Madam President, I move we adopt Ordinance #24. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s moved and seconded that you adopt Ordinance #24. Are there any remarks?...Hearing none, roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. #24 ADOPTED AS ORDINANCE NO. 259/2024 PRESIDENT BATES AYLWARD: Thank you. The motion carries and Ordinance #24 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT BATES AYLWARD: We are under Announcement of Committee Meetings, and our next meeting day will be in the New Year, this is our last meeting for the year. So, our next meeting will be January 6, 2025. Uh … we will have no Committees, because as you all know we have to start over. So, um … we’re going to begin our meeting at 6:45 so that we can go over the Agenda. But, there won’t be any Committee Meetings since all legislation has to sunset at this point and be restarted. Oh, well not everything. We’re not having any Committees are we? No, right but I’m just saying we don’t have anything pending so. Alright and um … so there’s that. Okay. PUBLIC SPEAKS PRESIDENT BATES AYLWARD: We are now under Public Speaks, we have four speaker for this evening. Um … most of you have all been here with us before um … when I call your name please approach and give us your name and residential address and try to speak into the microphone so we can hear you. Our first speaker is Ms. Kim Bell. Ms. Bell. Oh did she have to leave? She might have had to leave. Ms. Bell? Yeah, she must have had to leave. Okay, our second speaker is Ms. Skylark Bruce. Ms. Bruce. SKYLARK BRUCE: My name is Skylark Bruce and I live at 2216 Bollinger Ave Northeast. We’re in the thick of the holiday season and I want to acknowledge how challenging holidays can be for the Tyson, Fornash, Williams, Nero, and Ross families. Thank you to those who came to a very cold, one year, anniversary visual for Zachary Fornash. Please join me in a moment of silence for everyone grieving these loses. *moment of silence* Thank you. When I was thirteen years old, I lost a good friend to childhood leukemia. Her name was Eva. It was a tragedy, but it wasn’t a crime. Eva didn’t die because of domestic violence or street violence or police violence. Too many thirteen year olds know the very different grief of losing a loved one at the hands of COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 544 MINUTES OF THE MEETING DECEMBER 16, 2024 an a … an adult employed by their government to protect them. Children in Akron are starting to grople with the lost of their friend and relative, 15 year old Jasmir Tucker. I know how hard I struggled with Eva’s death, I have no idea how much harder it would have been if she had been killed by a police officer while she walked down the street. It never occurred to us. Eva was as white as I am. When Eva’s younger sister Amy developed the same cancer a few years later, her family was devastated, thankfully Amy survived. Often we take the genetic link in a cancer diagnosis more seriously than we take systemic deadly police violence, partically against black bodies. The patteren continues, ravaging the same families over and over. The family of Frank Tyson will never be the same. They thought they would have Frank with them for the first time in 24 years these hoildays. The family of Zachary Fornash will never be the same, they had him for 24 years before his life was cut way to short. Cassandra White cannot be here today so in her stead, I wanted to mention that the renovation at Skyline Terrece continued to … continue to move forward in ways that abuse residents. As an example, residents are not giving the option to move to a renovated unit before renovations start on the unit where they live. They’re told to pile all their furniture and belongings in one room and then keep children out of the way of workers. It would be one thing if this indecent practice was for a few days but, we’re talking about weeks, and even months. Could you live decently with all your furniture and all your belongings piled in one room for months? Justice for Frank Tyson, Zachary Fornash and all the residents of Skyline Terrece. PRESIDENT BATES ALYWARD: Thank you Ms. Bruce. Our next speaker is Mr. Justin Nicely. Mr. Nicely. JUSTIN NICELY: Good evening to you guys, my name is Justice Nicely uh … former resident over in Jackson Sherrick in Canton, Ohio. I now reside over in Massillon. I’m just hear first to ask are you guys tired of me yet? Um … obviously not because my phones not ringing to have the sit down and I haven’t got so much as an email from any one of you guys to come to the table to better our village. Which leads me to assume that you think that you had a choice in the matter of thinking that I’m asking or you’re refusing to take me seriously. Either way um … some of you have made it really clear that you’re pompous, arrogant, entitled, incompetent, condescending, and not above abusing your roles of your presumed authority and titles to intimidate, retaliate, bully, and terrorize the community that you serve. Anyone who tries to ask you questions, file grievances, scrutinize you or may reflect your bad attitudes and stand up to your threats and intimdations, you try to gaslight them as mentally unstable or claim that they are a threat to you. Well, if it’s threathening to demand accountability in wanting some simple and legitimate questions answered for your uh … documented behavior and ways to go about fixing it, well then consider me your worst nightmare cause 2025 is going to be your year of reckoning. And I’m calling you all out by name and exposing the hell out of you. You village … you all want to continue to underestimate me and the power of a village and I am capable of and I’m going to add each and everyone of you to a very long list of the people that I had to sit there and tell you I told you so. I’m not crazy and I’m not mentally unstable but I am righteously pissed off for everyone of y’all for the rife of what you’ve done to me and my family and the many families and countless others you’ve effected with your actions and your lack of there to do anything about it. Now the days of denying, deflect and try to cover everything under the rug, it’s all over and we’re coming for a collaborated army and a mass exposure campaign of all of you. And that includes slash audits, live engagments anytime we see y’all in a public form. Pictures of your face, your salary and benefits information public posted uh … publicly posted. Personnel city numbers for the public to contact you plastered on many public forums. Right next to the video audio recordings, internal phone calls, security and lobby footage, body cam footage, documentation of all your bullying and cowardess behavior. And you haven’t served me with any legal paperwork and to keep me quite and you won’t. Because like most billy’s … bullies you ain’t got no accountability and you’re cowards to do so cause you damn well know if you give me the opporunity to to present all my claims on record, you’re in deep crap. Now I told you I’m not looking for lawsuits and I can promise you Mr. Law Director, Jason Reece, you want to go that route then go ahead and start serving me and let’s get it on. So I can destroy your subjective biases, your personnel assumptions with my objective facts pro se. But, until then why do you feel it’s okay to threathen bull … and bully members of the COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 545 MINUTES OF THE MEETING DECEMBER 16, 2024 public and run the impoverished through our justice system like they’re an assmbully line. Andrea Perry, Safety Director, I’m talking to you over here, please listen. Why do you think you’re entitled enough to not have to answer why you can bully me and two counselors trying to set appointments, claiming I’m someone else to get a highten response and then have us threathen out the bull … out the building. Mr. Mayor why is the … why are you complacent in everything that’s going on acting like you don’t know what the hell is happening here when I’ve been into your office I don’t know how many times. Now, I’m not telling y’all no more man, you guys want to continuously keep underestimating me, you want to keep playing games, I promise you 2025 I’m coming for every one of y’all. You guys have been playing checkers this whole damn time, playing against somebody playing chest. It’s over. This is not a game. You will come to the table you’re … PRESIDENT BATES AYLWARD: Thank you, Mr. Nicely. And our last speaker is Mr. David Kerestes. Mr. Kerestes. DAVID KERESTES: David Kerestes, 626 Walnut Avenue. I guess I’m here for a couple things um … I want to direct things to the Safety Director but, I want to talk to everybody. Um … I guess uh … the biggest thing is there’s a guy named John Gergory Dove living on the corner 4th and Walnut at a yellow house. This last year they had to trim his toes and fingers. He’d been living there for three years. They had to cut his feet off and his fingers, now they’re trimming them while he pays rent, on the back of a porch. Now, he has a … a … an addiction problem and probably some kind of mental psychosis I’m sure but I don’t see where you can rent a porch to somebody and allow them to freeze outback when you’re making money. I believe that this is an issue for the Safety Director um … these people on drugs, they actually, and I quite find this humorous, they have a poll going on which finger is going to get cut off the shortest this year. When he falls over on drugs in the snow and they got to pick him up and haul him away. Um … that’s one thing um … I guess the other thing is I’m here about the YWCA. I moved into Gateway two months ago and there’s been nobody over there. No property manager, they all quit. There’s been things going on. Now they hire some other people and they just quit. But what’s going on there is that I move in to a drug free/alcohol free building. Um … and all I see is drugs and alcohol in the building. All I smell is people with alcohol on them, they’re throwing trash cans with liquor bottles and things all over the place. And there’s a lady named Mrs. D from the Colemen uh … whose a counselor there everyday whose suppose to be writing reports, writing these people up, keeping them under control, keeping the building under control, keeping the building safe. Um … so I’m paying for a drug free/alcohol building that I do not have. Um … and then I’m suppose to have a secured building, but they’re opening the fire doors and then they’re coming through the stairwell into the building, sleeping in the laudry room , per … pooping on the wall, peeing in the corners. That’s why you ain’t seen me I’ve been over there cleaning up the mess because I live there. They have no maintenance so, now we got federal funding under a contract of nothing but rhetoric and a farce in my mind and um … I just wanted that … to bring that to the attention of you people. So, they portray uh … uh … secure building, but there isn’t one. They portray drug free/alcohol free but I’m looking at drug dealers on the second floor … the third floor and I’m living with them. I’m video taping them. Um … so I wanted you to know that. And then I wanted you to know that I’ve been watching this since 1997 off of behind uh … Pizza Oven, I worked for the Berries group out of Michigan when we tore doors off in Stark Metropolian Housing over there. I seen roulette wheels, drugs, alcohol, all the things they claim that Stark Metropolitan don’t allow … and that was 97’. As a corporate business man and now I see it … Thank you. MISCELLANEOUS BUSINESS PRESIDENT BATES AYLWARD: Thank you, Mr. Kerestes. We are now under Miscellaneous Business. Is there any Miscellaneous Business? BRENDA KIMBROUGH: Yes. COUNCIL PROCEEDINGS JOURNAL 112 JOURNAL PAGE 546 MINUTES OF THE MEETING DECEMBER 16, 2024 PRESIDENT BATES AYLWARD: Member Kimbrough. MEMBER KIMBROUGH: Well, since this is the last meeting for this year, I want to wish everyone happy and Merry Christmas. No, we can’t fix everything but, what we can do, we do. I hope you have a Merry Christmas and a happy year … New Year. PRESIDENT BATES AYLWARD: Is there any other Miscellaneous Business?…Hearing none, Leader, oh … Mayor. MAYOR SHERER: Madam President, what I would like to remind everyone about the Unforgettable Christmas down at the Coleman Center, the Southeast Community Center which will be this Saturday at noon. And I want to … appreciate everybody that took the time to donate the toys for the kids and it’s all about the kids. So, um … and I also what to wish everybody a Merry Christmas to you and your family. PRESIDENT BATES AYLWARD: Thank you, Mayor. Are there any other comments?…Hearing none, Leader Mariol. MEMBER MARIOL: Madam President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT BATES AYLWARD: It’s been moved and seconded to adjourn. Roll call vote, please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS CLERK WOOD: Nine yeas, Madam President. PRESIDENT BATES AYLWARD: Thank you. We are adjourned. (Gavel falls) ADJOURNMENT TIME: 8:00 PM ATTEST: APPROVED: JILL M. WOOD KRISTEN BATES ALYWARD CLERK OF COUNCIL PRESIDENT

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