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City Council

Regular Meeting

Canton, OH · December 28, 2015

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Minutes

COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -685- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: With a quorum being present, the Chair does call this meeting of Canton City Council to order. Roll call please. ROLL CALL TAKEN BY CLERK TIMBERLAKE: 12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD HART, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN ABSENT) CLERK TIMBERLAKE: All present, Mr. President. EXCUSING MEMBERS PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President I move we excuse President Schulman from tonight’s meeting. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to excuse President Schulman from this evening’s meeting. Any remarks? I will comment. He is vacationing in Florida, where it is hopefully raining and cold. If not, I hope he gets a sunburn. (Laughter). Roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Motion carries and President Schulman is excused from this evening’s meeting. Tonight’s invocation will be given by my good friend, Kevin Fisher, Ward 5 Council Member. If you’ll all stand, please, and remain standing for our Pledge of Allegiance. The regular meeting of Canton City Council was held on December 28, 2015 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 Kevin Fisher, Ward 5 Council Member. The Pledge of Allegiance was led by President Pro Tem Morris. AGENDA CORRECTIONS & CHANGES PRESIDENT PRO TEM MORRIS: We’re now under Agenda Corrections and Changes. Leader Smith. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances #7 through and include #8. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to Suspend Rule 22A to add the 2nd Reading COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -686- MINUTES OF THE MEETING DECEMBER 28, 2015 Ordinances 7 and 8 to this evening’s agenda. Any remarks? If not, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Thank you. PUBLIC HEARINGS PRESIDENT PRO TEM MORRIS: We are now under Public Hearing and we have none scheduled for this evening. OLD BUSINESS PRESIDENT PRO TEM MORRIS: We’re now under Old Business. There is no Old Business tonight. PUBLIC SPEAKS PRESIDENT PRO TEM MORRIS: We’re now under Public Speaks and we have 2 speakers signed up this evening. Our first speaker is Mr. Pete DiGiacomo. PETE DIGIACOMO: Good evening. My name is Pete Digiacomo. I live at 600 Dent Place SW, Canton, Ohio. This is the last meeting of the year. I don’t know if the Council has a dress code. (Laughter). This is serious. So, you don’t? CLERK TIMBERLAKE: I’m sorry Pete. PRESIDENT PRO TEM MORRIS: I apologize. PETE DIGIACOMO:...But anyhow, they kind of have a dress code, and I love the guy, Richard Hart, but yeah, there’s been a few comments about that tonight. None of them were really that positive. I still got about two minutes left, excuse me. CLERK TIMBERLAKE: Do we need to call the Sergeant-at-Arms? PRESIDENT PRO TEM MORRIS: No, we’ll allow him a little bit of latitude here. (Laughter). (Mr. DiGiacomo cuts off Member Hart’s tie!). (Applause). (Inaudible). CLERK TIMBERLAKE: Thank you Pete. PRESIDENT PRO TEM MORRIS: Mr. DiGiacomo, just for the record, I really wish you’d have done that last week and cut the shirt off of him as well! (Laughter). And for Member Hart’s sake, we will nail that in the back on the wall, just as a reminder to all incoming Council Members that there is a dress code. Although I’m sure that your legacy will be well carried on by Member Mariol! (Laughter) So, let’s move to our next speaker, which is Ms. Patricia Kirk. PATRICIA KIRK: I enjoyed that. It looks very good. MEMBER HART: Thank you. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -687- MINUTES OF THE MEETING DECEMBER 28, 2015 PATRICIA KIRK: My name is Patricia Kirk. I live at 131 - 5th St. NE. First I want to thank City Council. Last time I spoke, I spoke about Sarta. The next day I did get a return call from Sarta after trying for three months. I want to thank them if they had anything to do with it. And second, I would try to impress City Council with the need of a real park with trees for our coming generation, that I also brought up last time. The Tree Commission will try to have a poster and photo contest to increase people’s awareness of trees and this Arbor Day, but I am aware of the City’s desire to push through development of Kresge Lot, which I call it right now, for stadium seating etcetera, and to get it done as quickly as possible. You might have something there except that’s not exactly what the people want and have been waiting for. I can say this because I’ve lived almost catacorner from it for about twenty years. In that just small three block area, it’s about the SID area, there have been, that I count and I certainly don’t know everything, about thirteen viable businesses that have left that small area. Starting with Frank’s Fruit and Vegetable Market, but they all said, well not all of them but quite a few of them said to me, they came to that area once they heard there was going to be a park there. That was said many years ago. I’ve lived there for twenty years, I’ve seen the neighborhood change. I’ve seen things go down. That’s to be expected, but I’ve taken surveys of hundreds of people over the years that wanted a park. I don’t think they’re here anymore. The stadium seating perhaps that is being pushed through, is beginning to sound more for political reasons not that this is what people want reasons. I think we owe it to the public to try and give them what they want and what they need. We are losing ground faster than anything else. I know we have worked hard. I know the Engineering Department has worked hard, but we’re not going to be known for the bricks or the asphalt, we’re going to be known for what we’ve done for the people. I was trained by Stark Community Foundation and they had (Inaudible - timer went off) on parks and people. Please use your resources. Thank you very much. PRESIDENT PRO TEM MORRIS: Thank you. (Applause). INFORMAL RESOLUTIONS PRESIDENT PRO TEM MORRIS: We are now under Informal Resolutions and this evening we have three. Madame Clerk, would you start with #39, please. #39. COUNCIL MEMBERS FRANK MORRIS (WARD 9), CHRIS SMITH (WARD 4), THOMAS WEST (WARD 2), JAMES GRIFFIN (WARD 3), KEVIN FISHER (WARD 5), DAVID DOUGHERTY (WARD 6), JOHN MARIOL (WARD 7), EDMOND MACK (WARD 8), JAMES BABCOCK (CNCL- AT-LG), RICHARD HART (CNCL-AT-LG), BILL SMUCKLER (CNCL-AT-LG): COMMENDING MAYOR HEALY FOR HIS CONTRIBUTIONS TO THE CITY OF CANTON. - ADOPTED CLERK TIMBERLAKE: Whereas: William J. Healy, II has served the citizens of Canton for eight years as Mayor, and previously two terms in the Ohio House of Representatives for the 52nd District; and Whereas: Mayor William J. Healy is a native Cantonian and graduate of Canton McKinley Senior High School, an undergraduate of Kent State University - Stark, and an MBA graduate of the NYU Stern School of Business; and Whereas: Mayor William J. Healy has been supported by his wife Dee and son Austin throughout his career in public service; and Whereas: The work and dedication of Mayor William J. Healy during his tenure in office has achieved bountiful growth and development for the City of Canton, including supporting area students with the Mayor’s Scholarship Program; and Whereas: The City of Canton will benefit from his strong vision for the future of the area, creating his legacy by spearheading the pivotal Hall of Fame Village Project and Canton’s inspiring Comprehensive Plan; and Whereas: The Canton City Council, the City of Canton, and residents throughout the city will be forever grateful and indebted to Mayor William J. Healy for his unyielding commitments to his hometown. Now, Therefore, Be It Resolved: That we, the Members of Council of the City of Canton, Ohio, do hereby commend and honor Mayor William J. Healy, II for his invaluable COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -688- MINUTES OF THE MEETING DECEMBER 28, 2015 contributions to the growth and prosperity of Canton, Ohio, with the sincerest appreciation for his work, and in anticipated celebration of his future successes and achievements. Thank you Mayor. (Applause). PRESIDENT PRO TEM MORRIS: On behalf of the Canton City Council, (Inaudible) it’s been an honor working with you. It’s been fun working with you, it’s been fun fighting with you. Good times and bad times. You were the first one to actually talk to me in government, helped me out when I needed it the most. The last thing I ever do here is merge for Parks and Rec. What you and I discussed (Inaudible). MEMBER FISHER: Mr. Leadership, we vote before we do any comments? PRESIDENT PRO TEM MORRIS: Sure. Great idea, Member Fisher. That’s our Parliamentary guy. Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #39. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Informal Resolution #39. All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION 39 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it. Informal Resolution #39 has been adopted. MEMBER DOUGHERTY: Mr. President. PRESIDENT PRO TEM MORRIS: Member Dougherty. MEMBER DOUGHERTY: I just wanted to thank Mayor Healy for all his hard work and dedication. One thing about it, you always supported Ward 6 projects. Maybe because you grew up there. When you came in the Mahoning Road Corridor was on it’s way. That project started under Mayor Watkins Administration, so you see where we’re at and how long it’s taken a project of that magnitude. It does take a long time. But you never let it miss a beat once you came in and that’s important and I do appreciate that. Good luck to you. I know when I was Majority Leader we always compromised and got things done, I thought, during that time. I appreciate working with you on a lot of projects and getting things done. Thank you. MEMBER FISHER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Fisher. MEMBER FISHER: Mayor, I have to tell you that I remember I worked on your campaign back in 2007 and it has been...no sooner than you get elected that you get hit with just a massive recession and another recession named John Kasich, that has hit the City of Canton pretty hard. But through all of that, you have brought just a tremendous amount of development and growth into this city, which given the economic times that we and all cities face, I think anybody would have said it was next to impossible what you accomplished. It has been a pleasure working with you. I look forward to working with you again in whatever capacity you bounce back and find yourself in. Thank you very much. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -689- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: Member Griffin. MEMBER GRIFFIN: Mr. President. Mayor, thank you for all your hard work you’ve done and the projects you’ve accomplished in Ward 3. Thank you again. Thank you. PRESIDENT PRO TEM MORRIS: Member West. MEMBER WEST: Yes, Mayor, thank you so much for your support in Ward 2, on all of the different development projects. From tearing down houses to renovating them. To the 12th St. Project. Ward 2 has truly been paid attention to under your Administration. I appreciate all of the support that you’ve given me and to all of our constituents. Thank you. PRESIDENT PRO TEM MORRIS: Member West....er....Member Smith. MEMBER SMITH: Did you call me West? PRESIDENT PRO TEM MORRIS: No, I said Smith. (Laughter). I caught myself. I still had Thomas on the brain. It’s all good. MEMBER SMITH: To Mayor Healy. I want to thank you so very much for all that you’ve done for the 4th Ward and for the city, but I mostly want to thank you for your friendship. Because even before you were a State Rep, before you were the Mayor, we were friends and we always will be. MAYOR HEALY: We were dance partners. (Laughter) MEMBER SMITH: Yes, we started out being dance partners...(Laughter). Most of all...well since he wants to speak about dancing, thank you for having so much soul. (Laughter). Good luck. PRESIDENT PRO TEM MORRIS: He can dance but he can’t sing. (Laughter). Mayor. MAYOR HEALY: Thank you. Thank you so much. I just want to say thank you to everybody. I mean, it’s just been such a great honor, just a great honor to serve as the Mayor of this great city for the past eight years. I did prepare a few statements so that I don’t mess this up. This is the last time I get to address this body and really, this is the last formal presentation that I will have as the Mayor of Canton. We’ve had many, many successes over the years. But we’ve also had a lot of hurdles throughout this journey. During some of the most difficult and challenging times in our city’s history. But throughout it all, we’ve made a real difference. If you remember back when I first took office, Canton was declared one of the fastest dying cities in America by Forbes Magazine. Today, while we still have many challenges, we now have a city that is on the move. Canton is recognized across the Country and across the globe as a place where people want to invest. It’s a place where people want to visit, and a place where people want to call home. Because today, great things are happening all over Canton. I’d like to take a few moments to recognize some of the special people who have been on this journey with me, and thank them for their part in what we’ve been able to accomplish over the past eight years. Because there’s too many individuals to recognize one on one, I’m going to kind of group them together. The first group that I’d like to thank is this City Council. Everything that happened the last eight years, happened because of the partnership and cooperation that we had between the Administration and Council. We can’t do it without you, you can’t do it without the Administration. Together we’ve made a lot of great, great things COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -690- MINUTES OF THE MEETING DECEMBER 28, 2015 happen. I want to thank each and every one of you for your roles over the past eight years. It’s been a great journey. I’d also like to thank my cabinet and my staff, both current and past. I’ve been able to work with some of the greatest people that the city’s probably ever seen up on the eight floor and because of their efforts and their leadership, we’ve been able to celebrate many, many victories. I’d also like to thank the department heads. We’ve got department heads throughout the city that’s the finest people you could ever imagine. These really are the true leaders of our city. They’re the ones who run the city and make it happen. And again, we’ve got some of the greatest people that the city’s ever seen in these positions and I want to thank them for all of their efforts and what they do. I’d also like to thank virtually every single city employee. The Police Department, the Fire Department, the Secretaries, to the folks who pick up your garbage. You know, this really is an entire team representing the City of Canton that services our community. Everyday they impact your lives, whether it’s picking up the garbage, or the patching of the streets, or again, answering a call for service. We’ve got the greatest people out there. I’m so proud of each and every one of them for what they’ve been here to do over the last eight years. I’d like to also thank the local business and the business leaders for their role in making sure that Canton is a strong community with the investment that they put into our community. Local developers, specifically developers like Steve Coon, Bob DeHoff, Tim Putman, Bill Jeffries and the people in their organizations. There are many others, but these people that I just named were investing in the City of Canton when it wasn’t popular to do so. When times were down and our city was suffering, they believed in us and invested in us. I want to thank them for that. Development partners like the Chamber of Commerce and Stark Development Board, (Inaudible) and Jobs Ohio. These are our partners that we use in our development team to allow us to be successful in bringing one company after the other into our community to create more and more jobs. The local workers. Dave Kirven is here to represent Builders Trades. Thank you and all the members you represent for the hard work that you’ve done in not only building our city, but continuing to stand by us everyday and build this city’s future. Thank you for all you do and the importance that you are to our community. I’d like to recognize the educators. You know education is something that’s very, very popular and something that I feel strongly about in everything that I do. Canton City Schools and Plain Local Schools, Malone University, Stark State and Kent State Stark have all played intricate roles in our activities and our future and where we’re going. The Pastors, Priests and Rabbi’s, the Churches and Clergy that represent our community. I know this seems crazy, but all these people are people that we’ve worked with and we’ve been involved with throughout my years, helping make great things happen. Local Foundations invest in our community. Arts in Stark, what Robb Hankins has done, and all the people involved in the arts in our community makes this a great community. A place that people want to live and play. The non-profits, community service organizations like Goodwill and what they’ve done on their campus. The YMCA and United Way, bringing their business back downtown, with all the community services that are offered for our citizens. And of course, I can’t leave out the Pro Football Hall of Fame and the development team, IRG, and everybody that’s involved with that project. Their commitment to the City of Canton and what that means to our city and our future. And to the thousand of volunteers during the Hall of Fame week and festival that come out every year to give Canton that special feeling for everybody that comes in from across the world to recognize how great Canton is. But most importantly, I want to thank the citizens. The citizens of our city. Those that are involved in Neighborhood Associations and even those who aren’t but take pride in our community. Because it was with the entire community that we were able to collectively make great things happen. So I want to thank the citizens for allowing me to have this role and to be a part of our future. Thank you so much. I could share with you a very long list of detailed lists of accomplishments made during my administration, but I’ll spare you the lengthy speech because I’ve been warned by acting President of Council. I would like to take a moment to address the new Mayor and to the incoming Council. There are many challenges ahead, yet the opportunities lying in front of you today are some of the most exciting that the City of Canton has ever seen. Be progressive. Be innovative and fight everyday for change because the status quo is failure. If COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -691- MINUTES OF THE MEETING DECEMBER 28, 2015 someone says this is the way we’ve always done it, it is probably time to take a closer look. Ask yourself, can we do better? The answer is always yes. Keep striving for excellence and great things will continue to happen for our city. Before I say goodbye, I’d like to leave the new Mayor and incoming Council with my...with a wish list for our city. Here’s my wish list. Of course you know I talk about the four pillars so I’m going to use that as my template here, under safety. We’ve made great strides in improving the safety of our city, and the best indicator is the overall reduction of crime by 25% during my time as Mayor. I wish that this year’s crime stats are the highest we see for the next decade and beyond. Do whatever is necessary to make this a reality because our existence is dependent on a safe community. Education...Our graduation rates have improved greatly over the past eight years and we’ve created a scholarship program. I realize that city officials are not directly responsible for the day to day operations of our public schools, but I wish that every elected official from this point forward adopts educating our children as one of your top priorities. It makes our schools...helps our schools in any way possible to improve education opportunities for all of our children. Our city will always be defined by the success of our kids. Under jobs...we’ve come a long way in Canton as the employment rate this year has dropped to some of the lowest rates in nearly forty years. My wish is that the Hall of Fame Village Project materializes to it’s fullest potential and creates the 13,000 new jobs that are projected and that would continue to attract new companies and retain existing ones so Canton can soon reach it’s lowest unemployment figures in our city’s history. Stay active and involved in every step of this Hall of Fame Village Project because although difficult, it will only happen with your unwavering support. The neighborhoods...yes, we’ve invested over $325 million in our infrastructure. That includes roads and bridges, water and sewer plants, and we’ve removed nearly 1400 blighted properties, but most importantly, we’ve developed our first real Comprehensive Plan since 1960. I wish that the Comprehensive Plan gets adopted and implemented and it’s placed at the highest priority in every decision concerning Canton’s future. This is the single most important item that the new Administration and incoming Council must work on and it will determine our future. Finances...we’ve managed to move the city forward during some of the most difficult financial times in our city’s history. During my term, the budget dropped from over $56 million down to $48 million dollars as the low point. It is still less than the previous recession revenues of eight years ago. Yet, we found a way. We always found a way. Having to make difficult decisions as to what gets fully funded and what doesn’t has become a regular mode of operations and next year’s budget is no different. My wish...my wish is that this Council and the incoming Administration protects everyone of our city workers while making those tough financial decisions. We fight everyday for Project Labor Agreements, for local workers on every city project. Please remember that our city employees are local workers and we should be fighting just as hard for their jobs just as we do for the plumbers and electrical workers when it comes to prioritizing our budget. You can make it work. And last, my last wish is for the new Administration and the incoming Council. I wish you all the very, very best for Canton and Canton’s future. Thank you. God Bless Canton. (Applause). PRESIDENT PRO TEM MORRIS: Thank you. That was good. MEMBER FISHER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Fisher. MEMBER FISHER: When I spoke over here you buzzed me after three minutes. I don’t know how long that was, but... (Laughter). PRESIDENT PRO TEM MORRIS: Actually, Member Fisher, that speech had content and yours did not. (Laughter). COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -692- MINUTES OF THE MEETING DECEMBER 28, 2015 MEMBER FISHER: I was talking McKinley Football. PRESIDENT PRO TEM MORRIS: Boy, I love this...I love this seat up here. I haven’t bashed the Governor yet. Madame Clerk, Informal Resolution #40, please. CLERK TIMBERLAKE: It would be my pleasure. #40. COUNCIL-AS-A-WHOLE: COMMENDING COUNCIL-AT-LARGE MEMBER RICHARD HART FOR HIS DEDICATED PUBLIC SERVICE. - ADOPTED CLERK TIMBERLAKE: Whereas: Canton City Council Member, Richard Hart, has served the City as Ward 7 and Ward 10 Council Member for over 12 years. In 2014, Member Hart made history by becoming the 1st Independent to serve as an At-Large Council Member for the City of Canton; and Whereas: Council Member Hart has been married to his lovely wife Theresa for 40 years. They have two sons, David and Richard, and four grandchildren, Heidi, Hannah, Harrison and Hattie; and Whereas: Council Member Richard Hart is responsible for the implementation of the Recycling Ordinance for the City of Canton and has vehemently advocated for replacing the asphalt with brick, replacing vacant lots with city gardens, and bringing a zoo to the City for all children to enjoy; and Whereas: Council Member Hart during his tenure has managed to lose his phone and wallet more than a dozen times, and at the risk of committing various fashion faux pas, has worn some of the strangest ties we’ve ever seen. Now, Therefore, Be It Resolved: that we, the Members of City Council of Canton, Ohio go on record commending and thanking Richard Hart for his dedicated service to the citizens of Canton, for his passion to help those less fortunate and for his laughter through adversity. Canton City Council would also like to go on record by asking Council Member Hart to please keep quiet during tonight’s Miscellaneous Business. (Laughter). MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #40. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded .... MEMBER SMUCKLER: Mr. President. PRESIDENT PRO TEM MORRIS: Yes. MEMBER SMUCKLER: I think maybe we ought to make an Amendment for St. Theresa... CLERK TIMBERLAKE: Oh, his wife... PRESIDENT PRO TEM MORRIS: It’s your call. (Laughter). It’s been moved and seconded to adopt Informal Resolution #40. All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION 40 PASSED UNANIMOUSLY BY VOICE VOTE MEMBER HART: Abstain. (Laughter). PRESIDENT PRO TEM MORRIS: And boy, isn’t that common. (Inaudible). COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -693- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS. (Inaudible). Richard, it’s been a pleasure serving with you and I wish you the best of luck on your second retirement (Inaudible). PRESIDENT PRO TEM MORRIS: You can make comments if you... MEMBER HART: Okay... MEMBER HAWK: Mr. President. MEMBER SMUCKLER: Mr. President. PRESIDENT PRO TEM MORRIS: Mr. Hawk beat you to it. MEMBER HAWK: Thank you. Richard, before we go any further I want you to open up your desk drawer there. There’s something in there for you. I know you’re an environmentalist. It’s a lightbulb Richard. Put it in the closet, turn it on when you get dressed. (Laughter). So the rest of us won’t have to suffer. PRESIDENT PRO TEM MORRIS: Member Smuckler. MEMBER SMUCKLER: Mr. President. I once asked Member Babcock where he gets his clothes from because I’ll be the first one to admit that my wife picks my clothes out for me. PRESIDENT PRO TEM MORRIS: Amen. MEMBER SMUCKLER: But I had the pleasure of being in New York last weekend and I found Member Hart’s tailor at the corner of 42nd Ave. and 2nd Ave. It was one of those little stands and I saw the same ties on those stands that he gets and wears in here. (Laughter). I have been to dinner with this man where he hasn’t brought a wallet (Laughter). I just...Mayor Healy, you don’t have a prayer on what this man just wrote down. We’ll be here for hours. He’s been writing page after page after page. And...zoo...he’s still got something about a zoo (Laughter). I know that Richard...and I’ve known Richard probably the longest of anybody in here because Richard and I first ran against each other...how long ago? MEMBER HART: Almost thirty years. MEMBER SMUCKLER: Almost thirty years ago. Richard and I, like so many other people who have come and gone here became good friends. On the very serious side, I voted for the recycling program. I have voted for what people have deemed as harebrained schemes down here that have actually turned out for the good of the city. And without Member Hart, and I think that’s indicative, Member Hart. Because his heart’s in the right place for the City of Canton. I want to thank you Richard, for taking the time to serve these people. Thank you. (Applause). MEMBER DOUGHERTY: Mr. President. PRESIDENT PRO TEM MORRIS: Member Dougherty. MEMBER DOUGHERTY: I’ve known him a long time too. My children know him, so... COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -694- MINUTES OF THE MEETING DECEMBER 28, 2015 MEMBER HART: And look how well they turned out. (Laughter). MEMBER DOUGHERTY: Yes, I do agree. They were at Crenshaw when you were and you always stuck up for me. I’ll never forget that. Thanks for everything. MEMBER WEST: Mr. President. PRESIDENT PRO TEM MORRIS: Member West. MEMBER WEST: Yes, I’d just like to thank Richard for all that he’s done supporting Ward 2 and all of the Members as an At-Large Member. I also want to say that when I first came into office, you were a Republican at the time and you kind of left as a Republican. You came back as an Independent, now leaving as an Independent. So, the next time you come, you have to come as a Democrat and stay as a Democrat. But thank you so much and good luck to you. PRESIDENT PRO TEM MORRIS: Well, I thought this was going to turn into a comedy central roast but it actually got nice on this side of the room. Sad that you had to sit on that side of the room for so long. (Laughter). MEMBER HART: If I’d be just a few minutes here...(Laughter). PRESIDENT PRO TEM MORRIS: You’ve got three minutes. MEMBER HART: Okay, start the clock. You know this is the third time I’ve done this and I may have to do this for a fourth time. This Council will be facing many difficult decisions and my feeling is that with their cooperation with Mayor Bernabei, the city will move forward and again, in the right direction. You know, we all look at things that have happened and all the Mayors have had their part in moving this city forward since day one. I...my own personal feeling is that while economic develop is important, the main goal should be to redevelop Canton’s neighborhoods, offering income tax abatement for new residents that move in, the long-term benefit is the individuals and families moving in are going to be improving neighborhoods and homes. We can have better schools and provide greater economic opportunity for the community. As I end this term on City Council, my goal in retirement is, as Member Smuckler said...Bill said, it may be a lame-brained idea but it will be to work on the zoo project in my spare time. Unbeknownst to me, there was a zoo vet that was raised in Canton that lived on 23rd Street. When the article first came out, in between jobs, I’ve probably spent 20 hours with him. You know, Nick and I scoured the city and areas that he felt...and this man’s been in the business for thirty years...we could look at the Covered Bridge Park, Mother Gooseland...you know, areas that could be developed that would fit in with the plan that the city has for redeveloment in downtown. It would provide a greater opportunity for families in our community. It would provide a greater opportunity for education in our family, and it would provide for conservation of endangered animals. You know, we need to provide more for the visitors in this community than the Football Hall of Fame. As the Mayor said, Canton is a place that people want to come and invest in. It’ll be a place where people want to come and visit. It took years for the recycling to take place and I hope the zoo can become more of a reality even sooner. To each Member of City Council, I wish my very best and will always remember you in my prayers. To the younger Council Members, keep up your fight for Charter Government and a better Canton. It took me years to get things and all of a sudden you’re going to realize you’re 60 - 61 years old and sometimes, unfortunately a lot sooner than you’d like. Just don’t look like Member Dougherty at that age, (Laughter). Again, it takes time and through the efforts of a lot of COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -695- MINUTES OF THE MEETING DECEMBER 28, 2015 people here, you make a better community and a better Ward. Member Dougherty and Doughertyville, as I like to refer to his Ward, he’s worked hard and you can see the impact that he’s had. He’s done more for that area than any other Councilman. I guess in ending, remember what we decide today will impact the families for generations and what we don’t decide on doing can impact them even longer. We just can’t blame an administration, we have to take equal blame ourselves for things that don’t get done. In retirement I am looking forward to the grandbabies, Heidi, Hannah, Harrison and Hattie. It’s amazing how a child’s smile and hug can make your day. I also plan to do more traveling, fishing and restoring our old house, built in 1842 in downtown Canton. To Cindy, Beth and Jill, I’ll miss your smiles and thank you for everything that you guys do for the residents of Canton. More importantly, please do not forget that 36% of the population is living at the poverty level, they may need more opportunities for success than others. God Bless you all and thank you for all you do. (Applause). PRESIDENT PRO TEM MORRIS: Thank you. Okay. (Inaudible). I know. It’s going to be a long one Member Griffin. And speaking of Member Griffin. Informal Resolution 41, please. #41. COUNCIL-AS-A-WHOLE: COMMENDING WARD 3 COUNCIL MEMBER JIM GRIFFIN FOR HIS DEDICATED PUBLIC SERVICE. - ADOPTED CLERK TIMBERLAKE: Whereas, The family of James Griffin knows all too well the sacrifices involved in holding public office. Jim began serving as Council Member for Ward 3 in January 2005, and on December 31, 2015, we say farewell to a hardworking eleven-year veteran member of Canton City Council; and Whereas, Jim was instrumental in replacing the Harter Heights cast iron lamp posts that needed painting every 5 years with fiberglass lamp posts, cutting down on maintaining and installing LED bulbs which provided longer life; and Whereas, Jim was able to get an Ordinance amended prohibiting parking or storing of inoperable RV’s Motorhomes, or boats in residential areas, and after extensive research, Jim was able to do away with some operating outdoor wood burning furnaces used to heat homes because of insufficient space between homes and smokestacks that were not installed high enough to prevent smoke damage; and Whereas, Jim’s passion has been strongly drawn to patrol, talking to his constituents and listening even when there was no solution that he could provide. There was never a phone call that Jim did not respond to because he wanted his constituents to know that he wanted to serve them and he wanted them to feel validated; and Whereas, The members of Canton City Council, along with Jim’ wife Sandy, daughters Jennifer and Jill, son Jeff, and all the grandchildren, join in extending to Jim, our thanks and best wishes for continued prosperity, health & happiness. Now, Therefore, Be it Resolved, That we, the Members of the Council of the City of Canton, Ohio, do hereby recognize and commend James Griffin for over 11 years of devoted public service to the people of Ward 3, and the City of Canton for serving with integrity and commitment. Thank you, Jim, for a job well done! (Applause). The family is more than welcome to come up to the podium with Jim and anybody’s welcome to take pictures here too, in the horseshoe, so, come on up Griffin family. MEMBER GRIFFIN: Is it a clue that when I come up the photographer leaves. (Laughter). CLERK TIMBERLAKE: We’ve got Fisher. MEMBER GRIFFIN: Thank you. I just want to say that I enjoyed doing...serving the people of Ward 3. It was an honor. And to be on the City Council, I can honestly say that I am a City Councilman in Canton, Ohio, of Ward 3. When you’re a Ward Councilman, you walk the main streets in that Ward. That’s the main thing. My philosophy is be brief, be blunt, and be gone. (Laughter). I do have some family I’d like to introduce. My COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -696- MINUTES OF THE MEETING DECEMBER 28, 2015 Chief of Staff. (Applause), my son Jeff. We have two other daughters, they couldn’t make it tonight, Jennifer and Jill. We have Jeff, his wife Rosie and their three lovely children. They came from Peoria, Illinois. (Applause). And Sandy’s brother and cousins, sister-in-law, Denny and Mary Beanbatten They’re sitting back there. Again, thanks for everything you guys have done for me. Cindy, thank you. You and the girls, your girls. Thanks a lot for everything you guys have done and I really, really appreciate this. Thank you. MEMBER DOUGHERTY: Mr. President. PRESIDENT PRO TEM MORRIS: Member Dougherty. MEMBER DOUGHERTY: Thanks for your service to the city, Jim. I know that I really appreciated it when you were the Assistant Majority Leader with me. It was good stuff. Your hard work and dedication...some might be able to say that some other members have as much as you, in hard work and dedication but there is no one that has any more than you. Thank you. MEMBER GRIFFIN: Thank you. Thank you very much. MEMBER WEST: Mr. President. PRESIDENT PRO TEM MORRIS: Member West. MEMBER WEST: Yes, I’d like to thank you also for your service on City Council. And all your advocacy for our parks. As the Chairman of the Parks, believe it, you brought recreation and park information to this Council and you were a strong advocate for the parks. I wanted to thank you for all your efforts and wish you well. MEMBER GRIFFIN. Thank you. MEMBER SMUCKLER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Smuckler. MEMBER GRIFFIN: Hungry Howies. (Laughter). MEMBER SMUCKLER: That is...Jim once gave me some advice. He said, “I have a Ward meeting I need you at” and I said it’s my anniversary tonight. He said, “well you can take her to Hungry Howies Pizza Shop, it’ll be okay, that’s in the Ward”. Needless the say, I...it was one of the few meetings I skipped. You can tell a Councilman’s worth when you go around the Ward with them. I have to tell you, those two...I have traveled in and out of Mayfield Manor with this man, he knows everybody in there and they know him. And if there was one piece of advice I gave to the person that’s replacing him, it was to be able to have that type of relationship with the people in his Ward that Jim has. I commend you. I commend your family. A wonderful family, especially for showing up here tonight. You’ve done a wonderful job in doing what really needs to be done and that is making your constituents happy. Thank you. MEMBER GRIFFIN: Thank you. You know what, you mentioned that. I gotta tell you one thing. One guy ran against me one time and he asked a good location for a sign. He asked them to put a sign in the yard. The guy said, I gotta ask Jim first. (Laughter). So, the guy calls me, “hey Griff, what do you think”? (Laughter). COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -697- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: Member Babcock. MEMBER BABCOCK: Well, Griff... MEMBER GRIFFIN: Babby... MEMBER BABCOCK: Griff and I go back 55 years. He lived behind me. I was his paperboy. By the way, you still owe me for a week, Griff. (Laughter). He was my basketball coach for St. Joe’s basketball. We were getting beat by 30 points, he said, “Babby, get in there”. I put my feet on the court, the buzzer went off, the game was over. He said, “Nice game Babby!” Nice guy. (Laughter). But anyhow, there’s one person that told me he’s very glad that Griff is retiring from Council and that was Monsignor Carphonia. He said now he’ll have more time to spend here in confession to St. Joe. (Laughter). And I don’t want to tell you what...he won’t tell me the penance he gives him. Anyhow, good luck Griff. PRESIDENT PRO TEM MORRIS: Alright, Leader. MEMBER SMITH: I would just like to say to Griff, thank you so very much for all that you’ve done. Even when I’ve called you on things. But you know what, I’m going to make sure that you keep those same Hall of Fame seats. I just can’t see sitting by anybody else. (Inaudible). I’m going to make sure that you keep those same seats. PRESIDENT PRO TEM MORRIS: Well, we still have to make this official, so Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #41. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Informal Resolution #41. Any remarks? Any remarks...no we don’t have any remarks. All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION 41 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: Informal Resolution #41 has been adopted. At this time I would like for Member Griffin’s son Jeff to come up please, to the podium. CLERK TIMBERLAKE: And the rest of the family. PRESIDENT PRO TEM MORRIS: And the rest of the family. He has a Proclamation from the Mayor of Peoria, Illinois for Member Griffin. CLERK TIMBERLAKE: Oh, look at Griff... MEMBER GRIFFIN: My man! (Applause). JEFF GRIFFIN: Thank you for the time. As mentioned in the Resolution, I’m Jeff Griffin, Jim’s youngest son and born and raised here in Canton, Ohio. I live with my wife and children in Peoria, Illinois. We’re glad to be COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -698- MINUTES OF THE MEETING DECEMBER 28, 2015 here for this and I have from our Chamber...I’m the President of the Peoria Chamber of Commerce, and from the Chamber of Commerce in Peoria and the Mayor, the Honorable Jim Ardis, City of Peoria, we just have a brief Resolution that I’d like to read into the record. James E. Griffin, a lifelong resident of Canton, Ohio has spent his life serving his community. Griffin and his wife of over 50 years, Saundra, raised their three children in Ward 3. Griffin’s passions have touched countless lives across Canton with his most notable contributions as past Grand Knight of the Knights of Columbus, past President and Secretary of the Ex-Newsboys Association, active member of the Lincoln High School and St. Joseph’s Alumni Associations, St. Joseph parishioner and as a lifetime sports official. During his years on City Council, Jim and Sandy worked tirelessly to promote safe and attractive neighborhoods where families would grow. With a selfless commitment to all of Canton and specifically Ward 3, the Griffins gave time, talent and treasure beyond measure to help families reach their goals. The Canton City Council and all of Canton are better because of Jim Griffin’s service as Ward 3 Councilman. Thank you. (Applause). PRESIDENT PRO TEM: Okay, before we sit down, we have one more Informal Resolution to present tonight. Madame Clerk could you please read Informal Resolution #42. #42. COUNCIL-AS-A-WHOLE: COMMENDING SANDRA GRIFFIN FOR HER DEDICATED PUBLIC SERVICE. - ADOPTED CLERK TIMBERLAKE: Whereas, Canton has long been characterized as a community of lifetime citizens dedicated to preserving quality family neighborhoods, enriching lives with a vibrant arts community, highlighting many well known national landmarks, and providing its residents with excellent parks and education environments to explore and attain lifetime goals, Sandra Griffin has excelled in supporting her husband and the Canton City Council in maintaining the high standards the citizens of this great community deserve; and Whereas, Sandra is a lifetime member of St. Joseph Catholic Church where she has served as school librarian for 25 years, volunteered at numerous school and church functions; and Whereas, Sandra has been a lifetime citizen of Canton where she and her husband Jim have raised their three children to be responsible citizens of the communities they live and work in, and to pass on the traditions of citizenship, volunteering and community involvement to their ten grandchildren; and Whereas, Sandra has given countless hours of time to research issues in the neighborhoods of Ward 3 to improve conditions with housing, roads and safety for all residents, thereby officially earning the title of “Chief of Staff” to Council Member James Griffin; and Whereas, It is therefore most fitting and proper that on this occasion we express our gratitude to Sandra Griffin for her generous gift of time, talent and perseverance in promoting our wonderful Canton Community. Now, Therefore, Be It Resolved: That we, the Members of the Council of the City of Canton, Ohio, do hereby recognize, commend, and give special tribute to Sandra Griffin for her outstanding community commitment of service to Canton. Thank you, Sandra, for your work these past eleven years during Jim’s service on Council. You are truly a blessing which has enriched our community. I love you Sandy, and you know that. SANDY GRIFFIN: I just want to say good work, and I know much lives before you. I feel everything should be approached with passion and I always was telling Jim that I should bring my library sign over here that I would have hanging and it said, “Let’s not worry about who’s right, let’s worry about what’s right. And you’re going to get more out of us than ever before because without the meetings and all, we have our (Inaudible), we’ll be out there cleaning up the neighborhood. (Applause). MEMBER GRIFFIN: I forgot to say, Jason, hey, best of luck. Hang in there. Alright. Don’t do what I did. I told a woman one time, “call me anytime...1:30 in the morning”. (Laughter). COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -699- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #42. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adopt Informal Resolution #42. All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION 42 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it and Informal Resolution #42 has been adopted. (Inaudible). Sure, Cindy. CLERK TIMBERLAKE: I would just like to take this opportunity to thank Jim and Sandy. You guys have been wonderful to work with. Jim, I hope I hear more of top of the mornings to you and the rest of the day to you. And Sandy’s the queen of See Click Fix. There was not a work order that girl did not enter, she didn’t enter them all, but she followed them and she made sure that they got closed. We had meetings and Jason, they’re turning this Ward over to you with no work orders that are open because they...Sandy’s on it. So, I wanted to tell you two thank you for everything. Working with you, I’ve enjoyed it very much, so thank you very much. COMMUNICATIONS PRESIDENT PRO TEM MORRIS: Turning now 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 28, 2015. 434. AUDITOR MALLONN: REQ APPROVAL TO ISSUE $2,000,000 NOTE FOR CONTINUED OPERATION AND REVENUE OF GENERAL FUND; REQ $2,000,000 APPROP FR UNAPPROP BALANCE OF 1001 GENERAL FUND TO 1001 952010 ANTICIPATORY NOTE OTHER. - FINANCE COMMITTEE 435. CLERK OF COUNCIL TIMBERLAKE: END OF TERM PENDING LEGISLATION PER COUNCIL RULE #29. - RECEIVED & FILED. ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT PRO TEM MORRIS: We’re now under Ordinances and Formal Resolutions for their First Reading. Madame Clerk, would you please begin with Ordinance 1. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #6 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: COUNCIL RECESSED AT 8:26 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE #1; RECONVENED AT 8:27 PM) COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -700- MINUTES OF THE MEETING DECEMBER 28, 2015 #1. (1ST RDG) ADOPTED AS ORDINANCE NO. 252/2015 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($41,700.00 SUPP APPROP FR UNAPPROP BAL OF 2767 JAIL DIVERSION GRANT FUND TO 2767 701001 JAIL DIVERSION GRANT - PERSONNEL) Referred to Finance Committee PRESIDENT PRO TEM MORRIS: Do you want to go through them all and then do it? No? Okay, because they’re different committees. At this time the chair would declare an in house recess for the Finance, Committee. PRESIDENT PRO TEM MORRIS: We’re going to go through and read the rest of these Ordinances for the First Reading and then we’re just going to move into Committee, rather than...right... Council will reconvene after its recess. Leader. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinance #1 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to suspend Rule 22A to place Ordinance 1 back on your agenda this evening. Are there any remarks? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Ordinance 1 is a legal part of your agenda. Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance #1. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 1. Any remarks? If not, roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: You’ve heard the three readings, Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #1. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -701- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #1. Any remarks under this Ordinance? Hearing none, roll call vote, please, Madame Clerk. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS CLERK TIMBERLAKE: Eleven yeas, Mr. President. #1 ADOPTED AS ORDINANCE NO. 252/2015 PRESIDENT PRO TEM MORRIS: Ordinance #1 is adopted. Ordinance #2. COUNCIL RECESSED AT 8:30 PM FOR THE JUDICIARY COMMITTEE TO DISCUSS ORDINANCE #2 AND #3; RECONVENED AT 8:33 PM) #2. (1ST RDG) ADOPTED AS ORDINANCE NO. 253/20015 A RESOLUTION AUTHORIZING THE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF THE 2015 SUPPLEMENT TO THE CANTON CODIFIED ORDINANCES; TO AFFIX PRICE FOR THE SALE OF SAME; AND DECLARING THE SAME TO BE AN EMERGENCY ($7.20 SALE PRICE) Referred to Judiciary Committee #3. (1ST RDG) ADOPTED AS ORDINANCE NO. 254/2015 AN ORDINANCE AUTHORIZING THE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF THE VARIOUS COMPONENT CODES OF THE CODIFIED ORDINANCES OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN ORDINANCE (ADOPTED 1/5/15 THRU 12/7/15) Referred to Judiciary Committee COUNCIL RECESSED AT 8:34 PM FOR THE PUBLIC SAFETY & THOROUGHFARES COMMITTEE TO DISCUSS ORDINANCE #3, #4, #5 AND #6; RECONVENED AT 8:36 PM) #4. (1ST RDG) ADOPTED AS ORDINANCE NO. 255/2015 AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 11800, 11801, 14497, 14498, 14625 AND 14626; AND DECLARING THE SAME TO BE AN EMERGENCY (2835 W TUSC, RICK ALTMAN, WARD 3) Referred to Public Safety & Thoroughfares Committee #5. (1ST RDG) ADOPTED AS ORDINANCE NO. 256/2015 AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 24146 AND 24147; AND DECLARING THE SAME TO BE AN EMERGENCY (2116 23RD ST NE, HABITAT FOR HUMANITY, WARD 6) Referred to Public Safety & Thoroughfares Committee #6. (1ST RDG) ADOPTED AS ORDINANCE NO. 257/2015 AN ORDINANCE APPROVING AND ACCEPTING THE REPLATTING OF LOTS 23472 AND 23471; AND DECLARING COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -702- MINUTES OF THE MEETING DECEMBER 28, 2015 THE SAME TO BE AN EMERGENCY (2000 BLOCK OF 24TH ST NE, HABITAT FOR HUMANITY, WARD 9) Referred to Public Safety & Thoroughfares Committee PRESIDENT PRO TEM MORRIS: At this time the chair would declare an in house recess for the Judiciary and Public Safety & Thoroughfares Committees to meet in regard to Ordinances #2, #3, #4, #5 and #6 on your agenda. You’re now in recess. PRESIDENT PRO TEM MORRIS: Council will reconvene after its recess. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinances 2 through 6 back on this evening’s agenda. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to suspend Rule 22A to place Ordinances 2, through 6 back on your agenda this evening. Are there any remarks? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Thank you, Madame Clerk. The motion carries. Ordinances 2 through 6 are a legal part of your agenda. Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance #2. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 2. Any remarks? Again hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: You’ve heard the three readings, Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #2. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #2. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote, please. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -703- MINUTES OF THE MEETING DECEMBER 28, 2015 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #2 ADOPTED AS ORDINANCE NO. 253/2015 PRESIDENT PRO TEM MORRIS: Ordinance #2 is adopted. Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance #3. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 3. Any remarks? Again hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: You’ve heard the three readings. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #3. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #3. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #3 ADOPTED AS ORDINANCE NO. 254/2015 PRESIDENT PRO TEM MORRIS: Ordinance #3 is adopted. Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 4. Any remarks? Again hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -704- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: You’ve heard the three readings, Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #4. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #4. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #4 ADOPTED AS ORDINANCE NO. 255/2015 PRESIDENT PRO TEM MORRIS: Now that’s a loss that we’re deeply going to miss. A Clerk doing roll call on the go and strutting. That was cool. CLERK TIMBERLAKE: Thank you. PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance 5. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 5. Any remarks? Again hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Leader, you’ve heard the three readings. MEMBER SMITH: Mr. President, I move we adopt Ordinance #5. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #5. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -705- MINUTES OF THE MEETING DECEMBER 28, 2015 #5 ADOPTED AS ORDINANCE NO. 256/2015 PRESIDENT PRO TEM MORRIS: Ordinance #5 is adopted. Leader. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules for Ordinance 6. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rules for Ordinance 6. Any remarks? MEMBER FISHER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Morris. MEMBER FISHER: Just figured I’d wait til the end here. For a couple years now, I’ve been saying that my reading of Statutory Law doesn’t prohibit us from suspending Statutory Rules all on one vote, just as we do suspending Rule 22A. Tonight might be a good illustration for the next time that we may want to insert that into our Council Rules before we end up having to suspend 6 more sets of Statutory Rules at one time. MEMBER MACK: Mr. President. PRESIDENT PRO TEM MORRIS: Member Mack. MEMBER MACK: Just to follow up on Member Fisher’s good thought, our Council Rules as they are drafted right now actually prohibit what Kevin suggested and the most recent draft that I’ve circulated includes Kevin’s suggestion that I think will actually really help speed things up. PRESIDENT PRO TEM MORRIS: ...And I appreciate that because I tried to get the Law Director to let me suspend them all at one shot but he shook his head no, so... LAW DIRECTOR MARTUCCIO: Mr. President. PRESIDENT PRO TEM MORRIS: Law Director. LAW DIRECTOR MARTUCCIO: Mr. President and Members of Council, I would concur. Particularly in the portion that has to do with adding them back to the Agenda. Obviously they are each required to have their three readings, which can also be suspended, so, I think your prudence and time saving... MEMBER DOUGHERTY: Point of Order. What’s this got to do with Ordinance #6? PRESIDENT PRO TEM MORRIS: Good point. It’s been moved and seconded to suspend Statutory Rules on Ordinance #6. We’ve had comments. Roll call please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -706- MINUTES OF THE MEETING DECEMBER 28, 2015 CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: Leader, you’ve heard the three readings. MEMBER SMITH: Mr. President, I move we adopt Ordinance #6. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #6. Any remarks under this Ordinance? Hearing none, Madame Clerk, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #6 ADOPTED AS ORDINANCE NO. 257/2015 PRESIDENT PRO TEM MORRIS: Ordinance #6 has been adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT PRO TEM MORRIS: Moving now to Ordinances and Formal Resolutions for their Second Reading. Madame Clerk, would you please begin with Ordinance 7. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCE #7 THROUGH ORDINANCE #8 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCES #7 AND #8 ADOPTED ON 2ND RDG): #7. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 258//2015 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 266/2014; AND DECLARING THE SAME TO BE AN EMERGENCY ($67,530.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 103501 CENTRAL COMMUNICATION ADMIN - PERSONNEL) PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rule for Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 7. Any remarks? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -707- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: The Statutory Rules have been suspended. Leader. MEMBER SMITH: Mr. President I move we amend Ordinance #7 per the copy that each Council Member has before them. MEMBER BABCOCK: Second. MEMBER SMITH: Can we have it summarized? PRESIDENT PRO TEM MORRIS: We have to move to adopt it first. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 7. Any remarks? Leader. MEMBER SMITH: Mr. President I move we amend Ordinance #7 per the copy that each Council Member has before them. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Council Rule 36, I move to amend Section 1 of Agenda Item No. 7 by adding an “s” to the end of the phrase “supplemental appropriation” and by the substitution of the attached revised Exhibit A for the original proposed Exhibit A. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend Ordinance #7 by virtue of the copy before each member of Council. Any remarks under the amendment? 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 PRO TEM MORRIS: The ayes have it. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #7 as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #7 as amended. Are there any remarks under Ordinance 7 as amended? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -708- MINUTES OF THE MEETING DECEMBER 28, 2015 CLERK TIMBERLAKE: Twelve yeas, Mr. President. #7 ADOPTED AS AMENDED AS ORDINANCE NO.258//2015 PRESIDENT PRO TEM MORRIS: Ordinance #7 has been adopted as amended. Ordinance #8, please. #8. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 259/2015 AN ORDINANCE ADOPTING TEMPORARY APPROPRIATIONS FOR THE OPERATING AND CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO, FOR FISCAL YEAR 2016; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM MORRIS: Leader Smith. MEMBER SMITH: Mr. President, I move we suspend the Statutory Rule for Ordinance #8. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you suspend the Statutory Rule for Ordinance 8. Any remarks? Hearing none, again Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President I move we amend Ordinance #8 per the copy that each Council Member has before them. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: Leader, we need to... MEMBER DOUGHERTY: Point of Order. PRESIDENT PRO TEM MORRIS: Yeah, this is not...we have to move to adopt it first then we’ll move to amend it. I’m reading the same thing you are and it’s way off. You’re good. (Inaudible). I know. And this has been a tough meeting for me. I’m pulling my hair out and I don’t have much left. Leader. MEMBER SMITH: Adopt? PRESIDENT PRO TEM MORRIS: Correct. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -709- MINUTES OF THE MEETING DECEMBER 28, 2015 MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance 8. Leader. MEMBER SMITH: Mr. President I move we amend Ordinance #8 per the copy that each Council Member has before them. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Council Rule 36, I move to amend Agenda Item No. 8 by the substitution of the attached revised budgetary Exhibits A, B, and C for the original proposed Exhibits A, B, and C. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend Ordinance #8 by virtue of the copy before each member of Council. Any remarks under the amendment? MEMBER MARIOL: Just want to take a moment to commend the Administration and the Mayor for their work on putting together the budget. I will be supporting the amendment because without having a guaranteed certification and being a moving target for next year, I think it’s smart to adopt the 50% budget. I wanted to thank the Administration for their hard work on putting together this budget. Thank you. PRESIDENT PRO TEM MORRIS: Any other remarks? It’s been moved and seconded to amend Ordinance #8. All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE (MEMBER FISHER VOTED NO) PRESIDENT PRO TEM MORRIS: Let the record show that there was one no. The ayes have it. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #8 as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #8 as amended. Are there any remarks under Ordinance 8 as amended? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 1 NAYS (MEMBER FISHER VOTED NAY) CLERK TIMBERLAKE: Eleven yeas, one nay, Mr. President. #8 ADOPTED AS AMENDED AS ORDINANCE NO. 259/2015 PRESIDENT PRO TEM MORRIS: Ordinance #8 has been adopted as amended. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -710- MINUTES OF THE MEETING DECEMBER 28, 2015 ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT PRO TEM MORRIS: Thank you, Madame Clerk. We now move to Ordinances and Formal Resolutions for the Third Final Reading and Vote. Would you please begin, Madame Clerk, with Ordinance 9. NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCE #9 THROUGH ORDINANCE #11 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #9. (3RD RDG) ADOPTED AS ORDINANCE NO. 260/2015 AN ORDINANCE ACCEPTING ANNUAL INCREASED FUNDING FROM THE BOARD OF STARK COUNTY COMMISSIONERS FOR THE PROSECUTION OF OFFENSES IN UNINCORPORATED AREAS; FREEZING THE LAW DIRECTOR’S STIPEND; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,000.00 RATE) PRESIDENT PRO TEM MORRIS: Thank you, Madame Clerk. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #9. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded you adopt Ordinance #9. Any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 260/2015 PRESIDENT PRO TEM MORRIS: Ordinance 9 has been adopted. Ordinance #10, please. #10. (3RD RDG) ADOPTED AS ORDINANCE NO. 261/2015 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A COMPENSATION AGREEMENT BY AND AMONG THE CITY OF CANTON, OHIO, THE CANTON CITY SCHOOL DISTRICT, THE PLAIN LOCAL SCHOOL DISTRICT AND HOF VILLAGE, LLC, A DELAWARE LIMITED LIABILITY COMPANY PURSUANT TO OHIO REVISED CODE 5709.40 TO PROVIDE COMPENSATION TO THE CANTON CITY SCHOOL DISTRICT AND THE PLAIN LOCAL SCHOOL DISTRICT FOR THEIR APPROVAL OF EXEMPTION FROM TAXATION OF IMPROVEMENTS TO PARCELS IN THE HALL OF FAME VILLAGE PROJECT SITE; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #10. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -711- MINUTES OF THE MEETING DECEMBER 28, 2015 PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #10. Are there any remarks? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 261/2015 PRESIDENT PRO TEM MORRIS: Ordinance 10 has been adopted. Ordinance #11, please. #11. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 262/2015 AN ORDINANCE DECLARING IMPROVEMENTS TO CERTAIN PARCELS OF REAL PROPERTY TO BE A PUBLIC PURPOSE, DESCRIBING THE PUBLIC IMPROVEMENTS TO BE MADE TO DIRECTLY BENEFIT SUCH PARCELS, REQUIRING THE OWNERS OF SUCH PARCELS TO MAKE SERVICE PAYMENTS IN LIEU OF TAXES, AUTHORIZING ONE OR MORE AGREEMENTS WITH HOF VILLAGE, LLC AND WITH STARK COUNTY PORT AUTHORITY, ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR THE DEPOSIT OF SUCH SERVICE PAYMENTS, AND RELATED AUTHORIZATIONS PURSUANT TO OHIO REVISED CODE SECTIONS 5709.40, 5709.42 AND 5709.43; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT PRO TEM MORRIS: Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #11. Leader. MEMBER SMITH: Mr. President I move we amend Ordinance #11 per the copy that each Council Member has before them. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Council Rule 36, I move to amend Agenda Item No. 11 by the addition of a new and final “whereas” clause to read as follows: Whereas, The City, HOF Village Stadium, LLC, the East Central Ohio Building and Construction Trades Council, AFL-CIO (“Council”) and the Council’s Signatory Local Unions (the “Unions”, and together with the City, HOF Village Stadium, LLC, its successors and assigns, and Council, collectively hereinafter referred as the “PLA Parties”) executed a Project Labor Agreement dated August 1, 2015 (“PLA”), the PLA parties agree henceforth they will either amend, supplement, or execute a separate project labor agreement which shall cover all COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -712- MINUTES OF THE MEETING DECEMBER 28, 2015 aspects or phases of the entire Hall of Fame Village Project in similar form and content as the PLA. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to amend Ordinance #11 Any questions? MEMBER FISHER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Fisher. MEMBER FISHER: I would just like again, to commend our Law Department, the Deputy Mayor, and yourself on the work that was undertaken this weekend in order to get changes for the amendment, guaranteeing our local workers the work on this project going forward. Thank all of you very much. PRESIDENT PRO TEM MORRIS: Thank you, Member Fisher. Anyone else? All those in favor signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT PRO TEM MORRIS: The ayes have it. Leader. MEMBER SMITH: Mr. President, I move we adopt Ordinance #11 as amended. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #11 as amended. Are there any remarks under Ordinance 11 as amended? Hearing none, Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. #11 ADOPTED AS AMENDED AS ORDINANCE NO. 262/2015 PRESIDENT PRO TEM MORRIS: Ordinance #11 has been adopted as amended. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT PRO TEM MORRIS: We now under Announcements of Committees. MEMBER SMUCKLER: Mr. President. PRESIDENT PRO TEM MORRIS: Member Smuckler. MEMBER SMUCKLER: The Rules Committee for next year’s term will be meeting at 5:30 at 12/30/2015. PRESIDENT PRO TEM MORRIS: 12/30 being December 30th. Okay. Caucus will start at 6:30 on January 4th, just so everybody has a note. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -713- MINUTES OF THE MEETING DECEMBER 28, 2015 MISCELLANEOUS BUSINESS PRESIDENT PRO TEM MORRIS: We’re now under Miscellaneous Business. MEMBER WEST: Mr. President. PRESIDENT PRO TEM MORRIS: Member West. MEMBER WEST: This to the Deputy Mayor...I was wondering if you were going to introduce our guest, our special guest in Council Chambers tonight? DEPUTY MAYOR WILLIAMS: Mr. President. PRESIDENT PRO TEM MORRIS: Yes, go ahead. DEPUTY MAYOR WILLIAMS: Mr. President and Members of Council, I think I made an effort to introduce Tracy Green, President of IRG. He’s in the audience this evening. Tracy, if you could just stand and waive. Tracy’s company, IRG, is the master developer for the Hall of Fame Village. He came here tonight just to show his support for all of the efforts taking place at the Hall of Fame Village, to thank Members of Council individually, which he had that opportunity prior to Council. Thank you. PRESIDENT PRO TEM MORRIS: Thank you Deputy. Anyone else? I knew it. MEMBER HART: No, I just wanted invite those (Inaudible). Wednesday, about 7:00 at my home, we’re going to have a Holiday Open House and you are all more than welcome. You may not be as welcome as others, but I hope to see you all there, without chickens. (Laughter). PRESIDENT PRO TEM MORRIS; Just on a closing note, I wish all of you the best of luck. Outgoing and incoming. As you see, some nights are easy. Tonight wasn’t so easy, but we learn, we move forward, and we grow. Leader. MEMBER SMITH: Mr. President, I move we adjourn. MEMBER BABCOCK: Second. PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to adjourn. Madame Clerk, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. PRESIDENT PRO TEM MORRIS: (Gavel falls) Meeting is adjourned. ADJOURNMENT TIME: 9:05 P.M. COUNCIL PROCEEDINGS JOURNAL 103 JOURNAL PAGE -714- MINUTES OF THE MEETING DECEMBER 28, 2015 ATTEST: APPROVED: CYNTHIA TIMBERLAKE FRANK MORRIS CLERK OF COUNCIL PRESIDENT PRO TEM

Agenda

FINAL AGENDA CANTON CITY COUNCIL 7:30 PM DECEMBER 28, 2015 ROLL CALL: All Mem bers Present M OTION TO EXCUSE M EM BERS: President Schulm an Absent INVOCATION: Kevin Fisher, W ard 5 Council Mem ber PLEDGE OF ALLEGIANCE: President Pro Tem Morris AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#1 - O#6; 2 nd Rdg O#7 - O#8; O#1 - O#6 Adopted on 1 st Rdg; O#7 & O#8 Adopted as Am ended on 2 nd Rdg; O#11 Adopted as Am ended) PUBLIC HEARINGS: None OLD BUSINESS (PUBLIC SPEAKS): None PUBLIC SPEAKS (CITY BUSINESS): Pete DiGiacom o questioned whether or not there is a dress code in Council. He said that while he thinks highly of Mem ber Hart, his attire is another story. He walks over to Mem ber Hart with a pair of scissors and cuts off his tie. Patricia Kirk thanked Council because she did get a return call from Sarta. She spoke about the need for a real park with trees, and that we should increase our awareness of their im portance as we approach Arbor Day. She has lived in the neighborhood near the Kresge lot for 20 years, and feels that it should not be known for bricks or asphalt, but for what the people want. She urged Council to use their resources in m aking that happen. INFORM AL RESOLUTIONS: 39. COUNCIL MEMBERS: COMMENDING MAYOR HEALY FOR HIS CONTRIBUTIONS TO THE FRANK MORRIS (W ARD 9) CITY OF CANTON. - ADOPTED CHRIS SMITH (W ARD 4) THOMAS W EST (W ARD 2) JAMES GRIFFIN (W ARD 3) KEVIN FISHER (W ARD 5) DAVID DOUGHERTY (W ARD 6) JOHN MARIOL (W ARD 7) EDMOND MACK (W ARD 8) JAMES BABCOCK (CNCL-AT-LG) RICHARD HART (CNCL-AT-LG) BILL SMUCKLER (CNCL-AT-LG) 40. COUNCIL-AS-A-W HOLE: COMMENDING COUNCIL-AT-LARGE MEMBER RICHARD HART FOR HIS DEDICATED PUBLIC SERVICE. - ADOPTED 41. COUNCIL-AS-A-W HOLE: COMMENDING W ARD 3 COUNCIL MEMBER JIM GRIFFIN FOR HIS DEDICATED PUBLIC SERVICE. - ADOPTED COM M UNICATIONS: 434. AUDITOR MALLONN: REQ APPROVAL TO ISSUE $2,000,000 NOTE FOR CONTINUED OPERATION AND REVENUE OF GENERAL FUND; REQ $2,000,000 APPROP FR UNAPPROP BALANCE OF 1001 GENERAL FUND TO 1001 952010 ANTICIPATORY NOTE OTHER. - FINANCE COMMITTEE 435. CLERK OF COUNCIL TIMBERLAKE: END OF TERM PENDING LEGISLATION PER COUNCIL RULE #29. - RECEIVED & FILED ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING: 252/2015 1. AMEND APPROP O#266/2014; EMERGENCY ($41,700.00 SUPP APPROP FR UNAPPROP BAL OF 2767 JAIL DIVERSION GRANT FUND TO 2767 701001 JAIL DIVERSION GRANT - PERSONNEL) Referred to Finance Com m ittee 253/2015 2. AUTHORIZE LAW DIRECTOR TO DISTRIBUTE FREE OF CHARGE TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS COPIES OF 2015 SUPP TO CANTON CODIFIED ORDINANCES; AFFIX PRICE FOR SALE OF SAME; EMERGENCY ($7.20 SALE PRICE) Referred to Judiciary Com m ittee 254/2015 3. AUTHORIZE EDITING AND INCLUSION OF CERTAIN ORDINANCES AS PARTS OF VARIOUS COMPONENT CODES OF CODIFIED ORDINANCES OF CANTON, OH; EMERGENCY (ADOPTED 1/5/15 THRU 12/7/15) Referred to Judiciary Com m ittee 255/2015 4. APPROVE AND ACCEPT REPLATTING OF LOTS 11800, 11801, 14497, 14498, 14625 AND 14626; EMERGENCY (2835 W TUSC, RICK ALTMAN, W ARD 3) Referred to Public Safety & Thoroughfares Com m ittee 256/2015 5. APPROVE AND ACCEPT REPLATTING OF LOTS 24146 AND 24147; EMERGENCY (2116 23 RD ST NE, HABITAT FOR HUMANITY, W ARD 6) Referred to Public Safety & Thoroughfares Com m ittee 257/2015 6. APPROVE AND ACCEPT REPLATTING OF LOTS 23472 AND 23471; EMERGENCY (2000 BLOCK OF 24 TH ST NE, HABITAT FOR HUMANITY, W ARD 9) Referred to Public Safety & Thoroughfares Com m ittee CANTON CITY COUNCIL AGENDA - PAGE 2 - DECEMBER 28, 2015 ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING: (SUSPENDED RULE 22A TO ADD 2 ND RDG O#7 - O#8; O#7 & O#8 ADOPTED AS AMENDED ON 2 ND RDG) AS AM ENDED 258/2015 7. AMEND APPROP O#266/2014; EMERGENCY ($67,530.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001 103501 CENTRAL COMMUNICATION ADMIN - PERSONNEL) (FIN) AS AM ENDED 259/2015 8. ADOPT TEMP APPROP FOR OPERATING AND CAPITAL EXPENDITURES OF CITY OF CANTON, OH FOR FISCAL YR 2016; EMERGENCY (FIN) ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: 260/2015 9. ACCEPT ANNUAL INCREASED FUNDING FR BD OF STARK COUNTY COMMISSIONERS FOR PROSECUTION OF OFFENSES IN UNINCORPORATED AREAS; FREEZE LAW DIRECTOR’S STIPEND; EMERGENCY ($3,000.00 RATE) 261/2015 10. AUTHORIZE MAYOR TO ENTER INTO COMPENSATION AGMT BY AND AMONG CITY OF CANTON, OH, CANTON CITY SCHOOL DISTRICT, PLAIN LOCAL SCHOOL DISTRICT AND HOF VILLAGE LLC, A DELAW ARE LTD LIABILITY CO PURSUANT TO ORC 5709.40 TO PROVIDE COMPENSATION TO CANTON CITY SCHOOL DISTRICT AND PLAIN LOCAL SCHOOL DISTRICT FOR THEIR APPROVAL OF EXEMPTION FR TAXATION OF IMPROVEMENTS TO PARCELS IN HOF VILLAGE PROJ SITE; EMERGENCY (SCHOOL COMPENSATION AGMT) AS AM ENDED 262/2015 11. DECLARE IMPROVEMENTS TO CERTAIN PARCELS OF REAL PROP TO BE A PUBLIC PURPOSE, DESCRIBE PUBLIC IMPROVEMENTS TO BE MADE TO DIRECTLY BENEFIT SUCH PARCELS, REQUIRE OW NERS OF SUCH PARCELS TO MAKE SERV PAYMENTS IN LIEU OF TAXES, AUTHORIZE 1 OR MORE AGMTS W ITH HOF VILLAGE, LLC AND STARK COUNTY PORT AUTHORITY, ESTABLISH MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT EQUIVALENT FUND FOR DEPOSIT OF SUCH SERV PAYMENTS, AND RELATED AUTHORIZATIONS PURSUANT TO ORC SEC 5709.40, 5709.42 AND 5709.43; EMERGENCY (TIF AGMT) ANNOUNCEM ENT OF COM M ITTEE M EETINGS: W EDNESDAY, December 30, 2015 in Council Caucus Room at 5:30 PM 1) Rules Com m ittee M ONDAY, January 4, 2016 in Council Caucus Room at 6:30 PM Executive Session M ISCELLANEOUS BUSINESS: Deputy Mayor Fonda W illiam s introduced Tracy Greer, President of IRG, who is the developer for the Hall of Fam e Project. Mem ber Hart invited everyone to the Holiday Open House at his hom e this W ednesday at 7:00 PM. Mem ber Morris wished all outgoing and incom ing office holders the best of luck. ADJOURNM ENT: 9:05 P.M. NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, JANUARY 4, 2016 @ 7:30 PM

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