City Council

COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -792- MINUTES OF THE MEETING DECEMBER 23, 2013 PRESIDENT SCHULMAN: Good evening ladies and gentleman. Welcome to Canton City Council. I want to wish each of you, this is our last meeting before Christmas, a very Merry Christmas and Happy Holidays and I will not be here next week but I want to wish all of you a healthy, happy and very prosperous New Year.. With a quorum being present, the Chair calls this meeting of City Council to order. Roll call vote please Madame Clerk. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 11 COUNCIL MEMBERS PRESENT: (DAVID DOUGHERTY, JAMES GRIFFIN, JAMES BABCOCK, JOE COLE, GREG HAWK, THOMAS WEST, CHRIS SMITH, KEVIN FISHER, JOHN MARIOL, EDMOND MACK & FRANK MORRIS) ELEVEN COUNCIL MEMBERS PRESENT. (MEMBER CIRELLI ABSENT) CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. EXCUSING MEMBERS PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we excuse Member Cirelli from tonight’s meeting. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse Member Mary Cirelli from this evening’s meeting. Any remarks? The only remark I’ll make for the record as I did last week is Mary is sick and we send her our best wishes for a speedy recovery. It’s very unlike Mary to miss two meetings in a row. So, our thoughts are with her and I hope she’s going to recover soon. Any other remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Tonight our invocation will be given by my good friend Council Member Thomas West. If you’ll all stand and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on December 23, 2013 at 7:30 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation was given by Ward 2 Council Member Thomas West. The Pledge of Allegiance led by President Schulman. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member West, very much. Leader. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -793- MINUTES OF THE MEETING DECEMBER 23, 2013 MEMBER DOUGHERTY: Mr. President, I move we suspend Rule 22A to add 2nd Reading Ordinances #5 through #14. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: And we are under Agenda corrections. It’s been moved and seconded to suspend Rule 22A to add the 2nd Reading Ordinances 5 through 14 to this evening’s Agenda. Any remarks? Hearing none Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Rule 22A is suspended and the Ordinances are a legal part of your Agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: Turning to Public Hearings, we have none this evening. OLD BUSINESS PRESIDENT SCHULMAN: Old Business, to our esteemed Chief of Staff. CHIEF OF STAFF WILLIAMS: Thank you honorable President Schulman. Members of Council, at the December 16th meeting, Mr. Jonathon Bailey inquired about bicycle rack at City Hall. I did have a conversation with Director Bartos and I believe, I don’t know if he is still here or not, Dan Moeglin from Engineering was going to make sure one was provided here at City Hall. Mrs. Patricia Kirk inquired about sidewalks throughout the City. There is a sidewalk program that Member Dougherty has brought to the attention of the Administration. We’re working collectively to put that in place for 2014. That concludes Old Business. PRESIDENT SCHULMAN: Thank you Chief of Staff Mr. Williams. PUBLIC SPEAKS PRESIDENT SCHULMAN: We’re now to Public Speaks. We have 5 speakers signed up this evening and it’s now down to 4. Our first is Jonathon Bailey. Mr. Bailey as always welcome sir to Canton City Council. If you’ll tell us your name and your residential address please. JONATHON BAILEY: Jonathon Bailey, 405 3rd Street, 44702, Canton, Ohio. Could that bicycle rack be put in front of a camera, so you can actually catch a thief? Someone’s going to lose a bike at it. I was going to get some facts from the Stark County Jail...City Police Department but I for...forgot about it because of other business. But I do have some other facts, like for instance but 3rd and Cherry, there’s a water main cap, it’s been missing for over a year. Someone scrapped it, in fact it’s so full of garbage and debris now, if there was a water main break, you wouldn’t be able to reach the valve. Public library, someone tried to steal the plumbing off the wall, they have a lock on it now. The Fire Department has locks on the fire hydrants because people are stealing the brass off of them. These are facts that you should now. These businesses, I contend with all conscientiousness are doing a lot of business with approximately half of stolen items, batteries, stolen COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -794- MINUTES OF THE MEETING DECEMBER 23, 2013 coppery wiring, stolen copper piping, brass, City, State. And a lot of this stuff is being sold overseas to China. So isn’t this violating some sort of international theft laws too? So, why doesn’t the feds get involved? It’s out of control. They’re scrapping us into a third world state. It’s costing us a whole lot of money. This is a trickle down theory of economics that actually works because these landlords charge more because they have to rebuild their house every single time. It’s working, the rich are getting rich off of this and the poor are getting poorer. I know it sounds like I’m ranting, it sounds like I’m beating on that same old drum and same old dead horse, what else can I do? Just drive around town and look for stuff that’s missing. Look for holes for kids to get their legs stuck in, I’m surprised some kid hasn’t got his leg stuck in that one (inaudible) water main. It goes down pretty deep. It’s outrageous and this is...really is working in the poor community. These scrap metalers are getting rich off the backs of the poor and they don’t care because you don’t enforce any of the law. There’s got to be a way of getting enough money in, there’s got to be a way of replacing that shortfall that you mentioned. Take someone to Washington D.C. and mention that we need that money for homeland security. In the meantime, for the rest of the year they could work on making this City a safer and more secure place and stop a lot of this out of control crime. Two weeks out of the year we’re a big target. I’m done beating on this horse. PRESIDENT SCHULMAN: Thank you very much Mr. Bailey, I appreciate it. Our next speaker is Bruce Nordman. Mr. Nordman, as always welcome. If you’ll give us your name and your residential address for our record please. BRUCE NORDMAN: Good evening, I’m Bruce Nordman, I reside at 1623 Logan Avenue NW. A blessed Christmas to all in this room from Group 175. We are most appreciative of the efforts that all of you have made to increase the safety staffs and the safety issues going forward. Group 175 has the 2 inch audit report for the budget next year and Group 175 stands ready to meet with any and all individuals that we can help with our assistance in this area. This is an extremely important area and we all pledge that we make ourselves available if you need us, we’ll be there. Also, I just happened to want to mention, aside from the safety issues, on December the 17th, there was an article in the Repository where several of the Members of this group along with the Mayor, happened to tour the Onesta with Steve Coon. I just want to speak on behalf of Steve Coon. Steve Coon has done so many wonderful things for this City. He has put his money where his mouth is and that’s very rare in these days and I’m sure that he is going to need some help to finish this project next August. And one of the important things just besides public safety is that you need residents living downtown. Once that starts to happen then Cities start to move alone. And this has a quicker, shorter fuse in completion than the Hercules project which you donated $3,000,000.00 for a bond. So, when he comes forward, I would hope that you would give the same sense of enthusiasm to getting this project underway so that we can have another jewel in the City of Canton. We will begin to meet with the City...with the City Officials relative to the Easter parade, looking to cooperate with everyone here to make this City a jewel, it is a jewel, it’s all it needs is just a little polish. So, I again from Group 175, thank you all for help. We’re making some progress. Not as fast as we want but we’re moving forward and that’s good word when it comes to the City of Canton. Thank you very much. PRESIDENT SCHULMAN: Thank you Mr. Nordman, very much. Our next speaker is Greg Sanford. Mr. Sanford, good evening, welcome to Canton City Council as always. If you’ll step forward and give us your name and your residential address sir. GREG SANFORD: Good evening, name’s Greg Sanford, I’m 1537 Henry Avenue. I know some of you are probably sitting back ready to hide behind your chairs figuring I’m going to blow my stack again. Well I’m COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -795- MINUTES OF THE MEETING DECEMBER 23, 2013 going to surprise you, I’m not. I’m here mostly to thank you all for the attention you’ve taken in my area and in general in the City. We know we got a lot of problems in this City and it’s good that we have this public forum that we can come and address these problems and look for the proper solution to it. I know, I was going to come in and say a little something but I thank God for my Councilman, Kevin Fisher who kind of figuratively threw a bucket of water on the fire and what I was going to say about a certain thing that came from the steelworkers union. Trying to be an expiring entrepreneur which I know many of you are, including, you know, Mr. Mayor, Tom West and Miss Smith, I thought you know that it’s kind of appalling what they said and hope that you all think about what exactly the steelworker union proposed on the minimum wage issue. Just graduating from college and being a business major, I do have aspirations of having my own business and I am kind of a....maybe it comes from my military training of wanting to be successful. Surrender is not an option to me and maybe I live by the word of John Paul Jones “I have not yet begun to fight.” But mainly I just wanted to thank you all and hope you will continue, you know, using some good Godly wisdom in the course of the City should go, to prosper and the way of job creation and just basically making it the City that I grew up in. So, all I can say is thank you very much, Merry Christmas to all and God Bless. PRESIDENT SCHULMAN: Thank you sir, right back at ya. Our last speaker tonight is Pete DiGiacomo. As always, welcome Mr. DiGiacomo. If you’ll step forward though and give us your name and your residential address please. And this is the first time I’ve ever seen a little smiley face on our Public Speaks page. (Laughter) So, that’s...I think a good thing. Although it’s mouth looks a little bit peculiar so maybe you’ll explain that. Welcome. PETE DIGIACOMO: Thank you. My name is Pete DiGiacomo, I reside at 600 Dent Place Sw, Canton, Ohio. Before I start, Councilman West, is there a plate over there by Mr. Mallonn? MEMBER WEST: (Inaudible) (Laughter) PETE DIGIACOMO: Okay, well the plate that you didn’t see, could you pass that over to Safety Director Perry please. Okay, we’ve taken care of that major pro...snafu. Okay, what I wanted to talk about was though that I’ve been coming to Council for quite a few years, some of it I’ve enjoyed, some of it I just wasn’t sure about. This year here, I’ve learned quite a bit about City Government. Some things about how it runs, how Council operates and things like that, which is good. It would be good for everybody, you know, not that I’m getting that involved but I’m just learning more and the more knowledge is supposed to be helpful. That’s mainly what I wanted to talk about. I’d say in the past year this things with Council, everything’s been going pretty good. Administrative....Administration has been doing pretty good. It’s kind of like if you’re familiar with a Clint Eastwood movie, they had a lot of different ones, one was called “The Good, The Bad And The Ugly.” (Laughter) I’m not saying nothing. But I’m going to close. I want to wish everybody a very Merry Christmas, a joyful Kwanzaa and a Happy Hanukkah to everybody and thank you for the privilege of speaking to you. PRESIDENT SCHULMAN: Thank you Mr. DiGiocomo. I’d like the record to show that when you mentioned the term ugly, you turned to your left. PETE DIGIACOMO: (Inaudible from the audience) (Laughter) COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -796- MINUTES OF THE MEETING DECEMBER 23, 2013 INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions and we have no Informal Resolutions this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to 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 WITH THE AGENDA ITEMS FILE DATED DECEMBER 23, 2013. 501. AUDITOR MALLONN: REQ FOR ADDTL AMENDED CERT DATED 12/4/13. - RECEIVED & FILED 502. AUDITOR MALLONN: REQ $130,000.00 SUPP APPROP FROM UNAPPROP BAL 7502 PAYROLL CLEARING FUND TO 7502 801001 PERSONNEL SERV. - FINANCE COMMITTEE 503. CLERK TIMBERLAKE: COUNCIL RULE #29 - END OF TERM PENDING LEGISLATION. - RECEIVED & FILED 504. COMM DEV DIRECTOR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP AND AUTHORIZE DISPOSITION OF SAID PROP (PARCEL #02-23646 TO LONNETTA O’BRYANT ON SANDALS PL NE). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 505. MAYOR HEALY: INFORMING COUNCIL THAT A PLA WILL NOT BE ENTERED INTO FOR THE MUNICIPAL COURT COURTROOM TECHNOLOGY PROJ. - RECEIVED & FILED 506. MAYOR HEALY: ADVISE OF RE-APPT OF THOMAS ASCANI TO CIVIL SERV COMM FROM 1/1/14 TO 12/31/19. - RECEIVED & FILED 507. MAYOR HEALY: ADVISE OF RE-APPT OF ROBERT THOMPSON TO CANTON COMMUNITY IMPROVEMENT CORP FROM 1/1/14 TO 12/31/14. - RECEIVED & FILED 508. MAYOR HEALY: ADVISE OF RE-APPT OF STEVE KATZ TO CANTON COMMUNITY IMPROVEMENT CORP FROM 1/1/14 - 12/31/14. - RECEIVED & FILED 509. MAYOR HEALY: AUTHORIZE APPT OF ERIN THOMPSON TO CANTON RECREATION BOARD FOR RETRO TERM OF 10/28/13 TO 12/31/15. - PERSONNEL COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Now we are under First Reading Ordinances and Formal Resolutions for the First Reading. Let the Journal show that all Ordinances are being given their reading as required by State Law. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -797- MINUTES OF THE MEETING DECEMBER 23, 2013 Madame Clerk will you please read the First Reading Ordinances by title. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #4 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AMENDING SECTION 1353.04, REGISTRATION OF PROPERTIES IN DEFAULT AND REO PROP, OF CODIFIED ORDINANCES OF THE CITY OF CANTON Referred to Judiciary Committee #2. (1ST RDG) AN ORDINANCE WAIVING THE RESIDENCY REQUIREMENT OF SECTION 735.01 OF OHIO REVISED CODE FOR THE DIRECTOR OF PUBLIC SAFETY Referred to Personnel Committee #3. (1ST RDG) AN ORDINANCE APPROVING AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND CANTON POLICE PATROLMAN’S ASSOCIATION; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel & Finance Committees #4 (1ST RDG) AN ORDINANCE AMENDING EXHIBIT A OF ORDINANCE NO. 218/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (MAHONING RD NE CORRIDOR PROJ) Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: That concludes First Reading Ordinances. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for the Second Reading. Madame Clerk would you please begin with Ordinance 5. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #5 THROUGH #14 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #5. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE; DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE FRESH MARK PROJECT; AND DECLARING COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -798- MINUTES OF THE MEETING DECEMBER 23, 2013 THE SAME TO BE AN EMERGENCY #6. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH THE 2160 VACANT/FORECLOSURE REGISTRY EXPENSE FUND AND THE 7509 VACANT/FORECLOSURE DEPOSITORY FUND; AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($2,620.00 FROM UNAPPROP BAL 2160 VACANT/FORECLOSURE REGISTRY EXPENSE FUND TO 2160 VACANT/FORECLOSURE REGISTRY EXPENSE - OTHER AND $290,000.00 FROM UNAPPROP BAL 7509 VACANT/FORECLOSURE DEPOSITORY TO 7509 VACANT/FORECLOSURE DEPOSITORY - OTHER) #7. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE; DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE JEBCO PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY #8. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CANTON OWNED BY DABILCO, INC. TO BE A PUBLIC PURPOSE; DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY; REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES; ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 209/2012; AND DECLARING THE SAME TO BE AN EMERGENCY ($4,000.00 FROM 1001 901001 CIVIL SERV - OTHER TO 1001 901001 CIVIL SERV - PERSONNEL AND $225,000.00 FROM UNAPPROP BAL 1001 GENERAL FUND TO 1001 102001 POLICE ADMIN - PERSONNEL) #10. (2ND RDG) AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO, FOR FISCAL YEAR 2014; AND DECLARING THE SAME TO BE AN EMERGENCY #11. (2ND RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY THE CENTER COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -799- MINUTES OF THE MEETING DECEMBER 23, 2013 FOR COMMUNITY SOLUTIONS FOR PROFESSIONAL SERVICES RENDERED IN REGARDS TO THE STUDY CONDUCTED OF THE POSSIBLE COMBINATION OF THE STARK COUNTY AND CANTON CITY HEALTH DEPARTMENTS DURING YEARS 2012 AND 2013; AND DECLARING THE SAME TO BE AN EMERGENCY #12. (2ND RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY $1,550.00 TO BEAVER EXCAVATING, INC.; AND DECLARING THE SAME TO BE AN EMERGENCY #13. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 250/2013 A RESOLUTION DECLARING THE NECESSITY AND INTENT OF THE CITY OF CANTON TO APPROPRIATE PROPERTY WITHIN ITS CORPORATE LIMITS PURSUANT TO OHIO REVISED CODE CHAPTER 719 FOR THE PURPOSE OF ACQUIRING WARRANTY DEEDS, STANDARD HIGHWAY EASEMENTS AND/OR TEMPORARY EASEMENTS FOR THE 12TH STREET N. CORRIDOR PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader Dougherty. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 13. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 13. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. The motion carries. Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13. MEMBER GRIFFIN: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13. Any remarks under this Ordinance? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -800- MINUTES OF THE MEETING DECEMBER 23, 2013 MEMBER DOUGHERTY: Yes, I move we amend Ordinance 13 per the Amendment in front of all Council Members. Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 13 by the substitution of the attached revised ordinance and exhibit for the originally proposed ordinance and exhibit. PRESIDENT SCHULMAN: It has been moved and seconded that you amend Ordinance 13 by virtue of the copy of the Amendment before each Member of Council. Any remarks? Hearing none by voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 13 as amended. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 13 as amended. Any remarks under this Ordinance as amended? Hearing none, again, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #13 ADOPTED AS AMENDED AS ORDINANCE NO. 250/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 as amended has been adopted. Ordinance 14 please. #14. (2ND RDG) ADOPTED AS AMENDED ORDINANCE NO. 251/2013 AN ORDINANCE AMENDING ORDINANCE NO. 120/2013; AND DECLARING THE SAME TO BE AN EMERGENCY (EXHIBIT A, EASEMENTS FOR 12TH ST CORRIDOR PROJ) PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we suspend the Statutory Rules on Ordinance 14. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 14. Any remarks under that motion? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS, 2 ABSTAIN COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -801- MINUTES OF THE MEETING DECEMBER 23, 2013 (MEMBERS WEST AND MORRIS ABSTAINED) CLERK TIMBERLAKE: Nine yeas, two abstain. PRESIDENT SCHULMAN: Leader, you’ve heard the three readings. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 14. MEMBER GRIFFIN: Seconded PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14. Any remarks under that Ordinance? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader. MEMBER DOUGHERTY: Yes, I move we amend Ordinance 14 per the Amendment in front of all Council. Amendment Pursuant to Rule 36, I move to amend Agenda Item No. 14 by the substitution of the attached revised amended exhibit for the originally proposed amended exhibit. PRESIDENT SCHULMAN: Again, it’s been moved and seconded to amend Ordinance 14 by virtue of the Amendment before each Member of Council. Any remarks under that motion? Hearing none by voice vote, all those in favor of the Amendment, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 14 as amended. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 14 as amended. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS, 2 ABSTAINS (MEMBERS WEST AND MORRIS ABSTAINED) CLERK TIMBERLAKE: Nine yeas, two abstain. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -802- MINUTES OF THE MEETING DECEMBER 23, 2013 #14 ADOPTED AS AMENDED AS ORDINANCE NO. 251/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 14 as amended..... MEMBER WEST: Mr...Mr. President. PRESIDENT SCHULMAN: Yes, Member West. MEMBER WEST: Could we go back to 13 and re-vote that, I’d like to abstain on that particular Ordinance. PRESIDENT SCHULMAN: Oh, that’s fine. We can...we can cast an official vote. Let’s go back. Do I have a motion to return to Ordinance 13 as amended for a re-vote? MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Yes, I make a motion to revert back to Ordinance 13 for a re-vote please. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded to go back or revert to Ordinance 13 as amended for a re-vote. Any remarks? All those in favor signify by saying aye. Those opposed no. NO REMARKS RE-VOTE ORDINANCE #13 AS AMENDED PRESIDENT SCHULMAN: The ayes have it. Madame Clerk would you mind calling the roll or calling the vote again please. NO REMARKS ROLL CALL 9 YEAS, 0 NAYS, 2 ABSTAINS (MEMBERS WEST AND MORRIS ABSTAINED) CLERK TIMBERLAKE: Nine yeas, two abstain, Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 13 as amended is once again adopted. Before we turn to Resolutions for their third and final reading and vote. You know, sometimes when people come up to you that you haven’t seen in awhile, you recognize them but you go “Gosh, he’s gotten so much better looking than he was when he was younger and our Ward 4....Ward 4 Council Member, Mel Gravely is in the audience, I understand he’s back, his mom is a little under the weather and we’re obviously thinking of her but we want to welcome you back and the Chief of Staff indicated to me that you had a baseball team or a softball team and it said “Gravely Means Progress.” And you always did Mel and it’s a pleasure having you back and Merry Christmas to you and your family. (Applause) And I was just kidding about that getting better looking thing, so. (Laughter) COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -803- MINUTES OF THE MEETING DECEMBER 23, 2013 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Okay, we’re now turning to Ordinances and Formal Resolutions for the Third, Final Reading and Vote. Madame Clerk, would you please read Ordinance 15. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCE #15 FOR THE THIRD TIME BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 252/2013 RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNER IN THE TASOS ELECTRIC ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE FOR INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER DOUGHERTY: Mr. President, I move we adopt Ordinance 15. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 15. Any remarks under that Ordinance? Again, hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 252/2013 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 15 is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Turning now to Announcement of Committee Meetings. MEMBER COLE: Mr. President. PRESIDENT SCHULMAN: Chairman Cole. MEMBER COLE: Yes, Finance will meet at 6:45 on the 30th of December. PRESIDENT SCHULMAN: Thank you very much. MEMBER WEST: Mr. President. COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -804- MINUTES OF THE MEETING DECEMBER 23, 2013 PRESIDENT SCHULMAN: Member West, Chairman West. MEMBER WEST: Judiciary will meet same time, same place. PRESIDENT SCHULMAN: Thank you. MEMBER GRIFFIN: Mr. President. PRESIDENT SCHULMAN: Chairman Griffin. MEMBER GRIFFIN: Personnel will meet on the 30th at the same time, 6:45. PRESIDENT SCHULMAN: Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT SCHULMAN: Yes, Leader Dougherty. MEMBER DOUGHERTY: Public Property Capital Improvement will also meet that evening. PRESIDENT SCHULMAN: Thank you. Any other announcements? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Any Miscellaneous Business? Is there any? Our Clerk has some Miscellaneous Business. Madame Clerk. CLERK TIMBERLAKE: I just want to thank Mr. DiGiocomo for the cookies and the pizzelles and everything. So thank you. (Applause) PETE DIGIACOMO: (Inaudible from the audience) CLERK TIMBERLAKE: Please tell her too. PRESIDENT SCHULMAN: These didn’t come from Colorado did they by any chance? (Laughter) It’s kind of an inside 60 Minutes joke I think. They just legalized marijuana in Colorado. (Laughter) PETE DIGIACOMO: (Inaudible from the audience) (Laughter) PRESIDENT SCHULMAN: Any other Miscellaneous Business? Hearing none, Leader. MEMBER DOUGHERTY: Yeah, Mr. President, I don’t know about Mr. Gravely’s looks but I do know he’s old because I used to be his paperboy. (Laughter) I move to adjourn. MEMBER GRIFFIN: Seconded. PRESIDENT SCHULMAN: It’s been moved and seconded that we adjourn. Madame Clerk . COUNCIL PROCEEDINGS JOURNAL 101 JOURNAL PAGE -805- MINUTES OF THE MEETING DECEMBER 23, 2013 NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas Mr. President. PRESIDENT SCHULMAN: Thank you Madame Clerk. Merry Christmas everybody. Have a safe Holiday season. See you in 2014. (Gavel falls) ADJOURNMENT TIME: 8:57 PM ATTEST: DECEMBER 27, 2013 APPROVED: DECEMBER 27, 2013 CYNTHIA TIMBERLAKE ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT