City Council

COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -470- MINUTES OF THE MEETING AUGUST 28, 2017 PRESIDENT SCHULMAN: Good evening ladies and gentlemen. Welcome to Canton City Council. Before we begin, there’s this massive storm in the south, and particularly in the Houston area. My thoughts and prayers go out to everyone. This is just absolutely devastating, and there are many many people who are at risk. Our thoughts are with them. We certainly pray that they get out of this safely. Uh, and it’s not ending anytime soon, so I suppose if there is some ability to donate to groups, I would certainly recommend that you do that because this is going to be something I don’t think we’ve ever seen in our lives certainly. So, our thoughts are with them. With a quorum being present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Mr. Clerk. ROLL CALL TAKEN BY CLERK DOUGHERTY: 10 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, TOM HARMON, BILL SMUCKLER, GREG HAWK, NATHANIEL CHESTER, JASON SCAGLIONE, ROBERT FISHER, KEVIN HALL & EDMOND MACK) TEN COUNCIL MEMBERS PRESENT (Note: Member Morris and Member Mariol were attending a Claims Committee meeting and did arrive for the Council Meeting at 7:23 P.M.) CLERK DOUGHERTY: Ten present, two absent, Mr. President. PRESIDENT SCHULMAN: Thank you. CLERK DOUGHERTY: The... yeah, for right now. EXCUSING MEMBERS PRESIDENT SCHULMAN: Well, Assistant Leader. MEMBER SMITH: Mr. President. I move we excuse the two members that are in the Claims Committee. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to excuse the members who are in the Claims Committee tonight. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten present. PRESIDENT SCHULMAN: Motion carries. Those Members are excused. Obviously, the reason is they’re in another room right now doing the City’s business, so that’s not as if they’re not here, so just so the record is clear on that. Um, we’ll have our invocation given tonight by my good friend and City Council-at-Large... City Large... (chuckles)... Council Member, Tom Harmon. Will you please stand and remain standing for your Pledge of Allegiance. The regular meeting of Canton City Council was held on August 28, 2017 at 7:00 P.M. in the Canton City Council Chamber. The roll call was taken (see above) by Clerk of Council David Dougherty. The invocation was given by At-Large Council Member Tom Harmon. The Pledge of Allegiance was led by President COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -471- MINUTES OF THE MEETING AUGUST 28, 2017 Schulman. PRESIDENT SCHULMAN: Thank you very much. AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: We now turn to Agenda Corrections and Changes. MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 12 through 15. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspended Rule 22A to add 2nd Reading Ordinances 12 through 15 to this evening’s agenda. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 10 YEAS, 0 NAYS CLERK DOUGHERTY: Ten yeas, Mr. President. PRESIDENT SCHULMAN: Thank you. Motion carries, Rule 15A is suspended, * and the Ordinances are a legal part of your agenda. (* Note: President Schulman said Rule 15A is suspended, however Rule 22A was suspended) PUBLIC HEARINGS PRESIDENT SCHULMAN: We have Public Hearings tonight. Uh, we have four, so let’s begin with... oh, we’re gonna come back to... sorry, we’re gonna come back to that. OLD BUSINESS PRESIDENT SCHULMAN: We have... uh, now turn to Old Business. Is there any Old Business? There’s no Old Business. PUBLIC SPEAKS PRESIDENT SCHULMAN: We now turn to Public Speaks. We have two speakers this evening. Uh, our first speaker is Nick Mussulin, Nick. Oh, I’m sorry. How are you? Good evening and welcome. If you’ll give us your name and residential address, please. NICK MUSSULIN: My name is Nick Mussulin. I live at 4120 Logan Avenue NW in the city of Canton. Some of you may recall I ran unsuccessfully for Council-at-Large last spring. Don’t feel bad, I got over it the next day. What I didn’t get over was the survey results that I submitted while I was campaigning. Distributed over a thousand surveys to Canton residents asking them what was important, twelve different categories, everything from streets and sidewalks to the Hall of Fame Village to downtown development, arts district, city parks, crimes, drugs, you name it. Not surprisingly, of all those tabulated, and there were quite a few returned with comments, number one and two were drugs and crime. Number twelve was the Hall of Fame Village. I made a promise at that time that win or lose I wanted to do something about that, and tonight I’m here to ask for your support. I been working on a program called The Stark Reality. If I may pass these around. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -472- MINUTES OF THE MEETING AUGUST 28, 2017 PRESIDENT SCHULMAN: Sure. NICK MUSSULIN: Stark Reality is a program; there’s a drug seminar scheduled for September 21st at Timken High School, downtown at Canton. You’ll find in that poster that’s being submitted, being passed around, the specifics of that. There are five pec... primary categories in this program, and they start with an introduction called, if I may, It’s Time to Get Real. Next it’s I Never Saw it Coming by Travis Bornstein. Travis is a father of a drug overdose victim, his son. The next was An Addiction Can Change Your Brain by Dr. Jamesetta Lewis of the Mercy Medical pain center, who will talk about the affects of the brain. Next we call it I Know an Adequate Now. A good friend, Frank Forchione, Judge Frank Forchione will address that part. The last part is I Can’t Fight This Alone, Keith Hochadel from CommQuest. During the last six months I’ve talked to school superintendents, teachers, principals, policemen, mayors, just about everybody I could. Tonight I’m asking you for your support, not just saying yes, a nice idea, but to call your constituents to get them out there to attend this seminar. There’s additional flyers, same content on these flyers is on the bro... on the poster. There’s an e-mail on there and a phone number on there. You can contact me if you want more of them. I can send you PDF’s. I can do whatever you need. I recently talked to SARTA, and SARTA I believe is going to assist in transportation throughout the county. One particular area, Minerva, called and they said they can’t get up here because it’s too far to go, they have 450 middle school students who want to hear this, so arranging to address that as well. Thank you for your time, appreciate it. PRESIDENT SCHULMAN: Thank you for your time. We really appreciate what you’re doing. (Applause) We wish you all the best, and you know we’re gonna be behind you for sure, and having our own ideas. Thank you very much. Uh, our next speaker is Stephanie Sweany. Ms. Sweany, as always, welcome to Canton City Council. It’s good to see you. If you’ll step forward, though, for the record and give us your name and your residential address, please. STEPHANIE SWEANY: Stephanie Sweany, I live at 817 5th Street NW, Canton, Ohio. Um, I’m here today to... unfortunately, I have a bit of a complaint. Um, I’m usually here talking in support of some kind of legislation that you are moving forward, but I’ve just seen one too many incidents of this particular thing that I’m going to be speaking about. So, I’m a downtowner, I moved downtown last year, and it took me a very long time to find an apartment to move downtown. I had to break through a lot of barriers to get to downtown, to find a place that allow me to have my animals, so I take a lot of pride now in living in downtown Canton. I tell all my friends they should come move to downtown Canton. I tell all my friends, come out and visit downtown Canton. However, I have not seen incredibly great coordination between the city and the sanitation department in respects to the green space. There was an event last Saturday, and the organizers of the event, they did a really good job of making sure that all the trash was put in bins and tidally put into bins, so on their end they did a great job. However, there were at least three to four trash bins out there that were overflowing with trash and boxes that were out there until Tuesday evening. When I went by, I had a meeting downtown at 7:30 in the morning on Wednesday, and I went past and walked through the green space on Wednesday morning, they were gone. So from Saturday until that time those boxes and that trash was out there, and we’re investing a lot of money into the green space, and it just seems to me if we want this to be... I mean, in my mind this project is going to be the center of... of downtown, and if we want downtown to be the center of the county with this project, we should just be a little more on the up and up with making sure that space is cleaned off. Um, I was actually out there on Monday to film a video because I’m bringing a conference to Canton, and I wanted to spotlight downtown and I had to move my location for the video because we had all this trash out there, so I’m just asking for maybe a little bit quar... a little bit more coordination from the city and the sanitation department and they’re respect when there is events happening in COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -473- MINUTES OF THE MEETING AUGUST 28, 2017 the Kresge lot. And that’s all. PRESIDENT SCHULMAN: Thank you very much. STEPHANIE SWEANY: Thanks. PRESIDENT SCHULMAN: Thank you. (Applause) And I take it something will be done soon rather... sooner rather than later. Uh, that concludes public speaks. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We are now under Informal Resolutions and we have two this evening. Mr. Clerk, would you please begin with Informal Resolution 12... I’m sorry... 32, thank you. #32. PERSONNEL COMMITTEE: REQ RE-APPT OF CHARLES DEGRAFF TO STARK AREA REGIONAL TRANSIT AUTHORITY (SARTA) BOARD, EFFECTIVE 9/1/17 THRU 8/31/20. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #32. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution #32. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #32 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Let the journal show that Members Mariol and Morris have returned to the meeting, they are actively participating, from their Claims Committee meeting. Uh, the Resolution is adopted. We now turn to Informal Resolution... CLERK DOUGHERTY: We didn’t vote. PRESIDENT SCHULMAN: Alright, we didn’t CLERK DOUGHERTY: We didn’t vote. PRESIDENT SCHULMAN: Thought we did. Okay, let’s go back. All those in favor, signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #32 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. We now turn to Informal Resolution 33. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -474- MINUTES OF THE MEETING AUGUST 28, 2017 MEMBER MORRIS: Mr. President. Oh, he hasn’t read it yet. #33. PERSONNEL COMMITTEE: REQ APPT OF MONIQUE MOORE TO FAIR HOUSING COMMISSION COMMENCING RETRO FR 7/1/17 THRU 6/30/22. - ADOPTED PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Now I’ll try it. I’m sorry. Mr. President, I move we adopt Informal Resolution #33. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Informal Resolution #33. Any remarks? Hearing none, all those in favor signify by saying aye. Those opposed no. NO REMARKS RESOLUTION #33 PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motions carries. The Resolution is adopted. COMMUNICATIONS PRESIDENT SCHULMAN: We now turn 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 AUGUST 28, 2017. 217. COURT ADMIN. KOCHERA: REQ APPROP TRF TO FACILITATE REIMBURSEMENT FOR COVERING EMPLOYEE’S SALARY AND BENEFITS ($16,277.56 APPROP TRF FR PERSONNEL SPECIALIZED DOCKET FUND #2797 - 701001 TO OTHER SPECIALIZED DOCKET FUND #2797-701001. - FINANCE COMMITTEE 318. COURT ADMIN KOCHERA: REQ SUPP APPROP FOR CONTINUED OPER OF COURT ($80,000.00 SUPP APPROP FR UNENCUMBERED BAL #2797-701001 SPECIALIZED DOCKET GRANT FUND TO OTHER #2797-701001 SPECIALIZED DOCKET GRANT FUND). - FINANCE COMMITTEE 319. COURT ADMIN KOCHERA: REQ SUPP APPROP FOR CONTINUED OPER OF COURT ($83,000.00 SUPP APPROP FR UNENCUMBERED BAL #701001-2762 INDIGENT TREATMENT FUND #2762 TO OTHER #701001-2762 INDIGENT TREATMENT FUND #2762). - FINANCE COMMITTEE 320. DEPUTY MAYOR WILLIAMS: REQ AUTHORIZATION FOR MAYOR AND/OR SERV DIR TO ENTER INTO FUNDING AGMT WITH CANTON REGIONAL CHAMBER OF COMMERCE (CHAMBER) IN AMT OF $175,000.00 FOR ECONOMIC, AND CIVIC DEVELOPMENT OF COMMUNITY; EMERGENCY. - FINANCE COMMITTEE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -475- MINUTES OF THE MEETING AUGUST 28, 2017 321. DEPUTY MAYOR WILLIAMS: REQ TO AMEND CLASSIFICATION PLAN TO INCREASE TOTAL BARGAINING UNIT POSITIONS FOR POSITION OF CUSTOMER SERVICE CLERK/ADMINISTRATIVE CLERK FR CURRENT # OF 6 AUTHORIZED, TO A # OF 8 AUTHORIZED; EMERGENCY. - PERSONNEL COMMITTEE 322. FINANCE DIRECTOR CROUSE: AMEND APPROP O#41/2017 ($2,789,092.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206057 OWDA WRF PHOSPHORUS PROJ (MEMBRANE) #6556 - OTHER - $1,009,053.00, TO 5410 206058 OWDA WRF PHOSPHORUS (CONSTRUCTION) #6699 - OTHER - $1,780,039.00). - FINANCE COMMITTEE 323. FINANCE DIRECTOR CROUSE: AMEND APPROP O#41/2017; EMERGENCY ($130,000.00 SUPP APPROP FR UNAPPROP BAL OF 2773 2015 COPS HIRING PROG GRANT FUND TO 2773 102001 POLICE ADMIN - OTHER). - FINANCE COMMITTEE 324. HEALTH COMMISSIONER ADAMS: REQ TO AMEND APPROP O#41/2017 ($1,200.00 SUPP APPROP FR FUND 2312 301001 V.D. - 103 GONORRHEA (VD) - 600 PAYROLL TO FUND 2312 301001 V.D. - 103 GONORRHEA (VD) - 700 OTHER; $26,500.00 SUPP APPROP FR FUND 2316 301001 WIC SUPPLEMENTAL HEALTH - FY 77 - 600 PAYROLL TO FUND 2316 301001 WIC SUPPLEMENTAL HEALTH - FY - 700 OTHER). - FINANCE COMMITTEE 325. LAW DIRECTOR MARTUCCIO: REQ AUTHORIZATION FOR SERV DIR TO ENTER INTO ENVIRONMENTAL COVENANT WITH OHIO EPA, THRU DIVISION OF SURFACE WATER MITIGATION COMPLIANCE, AND TO WORK WITH LAW DEPT AND PARK BOARD TO RECORD COVENANT TO ACCOMMODATE HOFV CONSTRUCTION, MODIFICATIONS AND RESTORATION OF WATER COURSE KNOWN AS THE RACEWAY STREAM CHANNEL. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 326. LIQUOR CONTROL DIV (OHIO): REQ TRF OF D2 D6 PERMIT FR FRESH WINGS INC DBA LORD OF THE WINGS @ 2904 MILAN RD UNIT B, PERKINS TWP, SANDUSKY OH 44870 TO H2 WINE MERCHANTS CANTON LLC DBA H2 HUTH & HARRIS WINE MERCHANTS @ 421, 423, 427 E. TUSC ST, CANTON. - RECEIVED & FILED 327. LIQUOR CONTROL DIV (OHIO): REQ NEW D2 PERMIT FOR DIPIETRO ENTERPRISES NO. 1 INC DBA PIZZA OVER @ 3201 W TUSC ST & PATIO. - RECEIVED & FILED 328. LIQUOR CONTROL DIV (OHIO): NOTICE OF HEARING OF APPEAL OF OHIO DIV OF LIQUOR CONTROL’S ORDER ON B & B DRIVE THRU #3. - RECEIVED & FILED 329. LIQUOR CONTROL DIV (OHIO): REQ NEW D1 D3 PERMIT FOR KAB 1 LLC DBA IRISH EXCHANGE @ 3824 W TUSC ST. - RECEIVED & FILED 330. SERVICE DIRECTOR BARTOS: PROJECT LABOR AGREEMENT - 2017 STREETSCAPE CONTRACT RPT. - RECEIVED & FILED COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -476- MINUTES OF THE MEETING AUGUST 28, 2017 331. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND WATER MAIN TO SARATOGA HILLS NO. 4 IN PLAIN TWP; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMTS, INCLUDING EASEMENT AGMTS WATER MAIN EXTENSION; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 332. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO EXTEND WATER MAIN TO WICKER CREEK NO. 2 IN PLAIN TWP; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMTS INCLUDING EASEMENT AGMTS FOR WATER MAIN EXTENSION; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - ENVIRONMENTAL & PUBLIC UTILITIES COMMITTEE 333. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACT FOR PURCH OF ONE PASSENGER VAN; ALTERNATIVELY AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO CONTRACTS FOR PURCH IN ACCORDANCE WITH ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE 334. SERVICE DIRECTOR BARTOS: AUTHORIZE MS. DEBORAH J. HOUDESHELL, P.E. TO BE PAID AT 97% OF CURRENT SALARY RANGE FOR POSITION OF FACILITIES ENGINEER AT WRF, RETRO TO HER DATE OF HIRE, AND TO IMMEDIATELY RECEIVE FIVE (5) DAYS OF VACATION; BEGINNING 1/1/18 AUTHORIZE MS. DEBORAH J. HOUDESHELL, P.E. TO BE PAID AT 100% OF SALARY RANGE FOR POSITION OF FACILITIES ENGINEER AT WRF AND TO RECEIVE TEN (10) DAYS OF VACATION PER YR UNTIL YRLY VACATION TIME ENTITLEMENT CORRELATES WITH CITY’S VACATION SCHEDULE; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - PERSONNEL COMMITTEE 335. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO ADMIN ORDER ON CONSENT WITH US ENVIRONMENTAL PROTECTION AGENCY; AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO AGMTS AND/OR TAKE ACTIONS NECESSARY TO ENSURE ADMIN ORDER ON CONSENT IS FULLY EXECUTED AND TAKES FULL EFFECT; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS; EMERGENCY. - ENVIRONMENT & PUBLIC UTILITIES COMMITTEE 336. TREASURER PEREZ: REQ ORDINANCE AMENDING SECTION 187 “ADMISSIONS TAX” OF CODIFIED ORDINANCES. - JUDICIARY COMMITTEE ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING. PRESIDENT SCHULMAN: We now turn to First Reading Ordinances and Formal Resolutions for their First Reading. Mr. Clerk, would you please begin with Ordinance #1. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #1 THROUGH #11 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -477- MINUTES OF THE MEETING AUGUST 28, 2017 STATE LAW, AS FOLLOWS: #1. (1ST RDG) A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE 4229 4TH ST NW ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Annexation Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION TO ZENITH; AND DECLARING THE SAME TO BE AN EMERGENCY ($3,332.00 FOR INSTALLATION OF NEW MICROPHONES IN CLERK OF COURT’S OFFICE) Referred to Finance Committee #3. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($15,000.00 SUPP APPROP FR UNAPPROP BAL OF 2155 CITY PARKING DECK/LOT FUND TO 2155 104040 TRAFFIC ENG/PARKING METER - PERSONNEL) Referred to Finance Committee #4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($32,900.00 APPROP TRF FR 2111 104010 TRAFFIC SIGN AND PAINT - PERSONNEL TO 2111 104020 TRAFFIC SIGNAL - PERSONNEL; $2,800.00 APPROP TRF FR 4501 202001 ENGINEERING ADMIN - PERSONNEL TO 4501 202020 ENGINEER - URBAN FORESTRY - PERSONNEL; $5,000.00 APPROP TRF FR 1001 201201 PURCHASING ADMIN - PERSONNEL TO 1001 200501 GEN GOV’T SUPPORT - OTHER; $16,500.00 APPROP TRF FR 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO 1001 102075 POLICE - CONT PROFESS TRAINING - OTHER - $15,000.00, TO 101 501001 MAYOR ADMIN - OTHER - $500.00, TO 1001 501101 HUMAN RESOURCES ADMIN - OTHER - $1000.00) Referred to Finance and Public Property Capital Improvement Committees #5. (1ST RDG) AN ORDINANCE AUTHORIZING THE SETTLEMENT OF CARPENTER V. CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY (CASE NO. 2016CV1232) Referred to Judiciary and Finance Committees #6. (1ST RDG) AN ORDINANCE APPROVING AND ACCEPTING THE REPLAT OF OUT LOT 1336; AND DECLARING THE SAME TO BE AN EMERGENCY (1115 CHERRY AVE NE FOR TERRY NOLAN, STANDARD PRINTING CO IN WARD 2) COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -478- MINUTES OF THE MEETING AUGUST 28, 2017 Referred to Public Safety & Thoroughfares Committee #7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A CONSTRUCTION CONTRACT FOR THE BURNHAM HILLS SANITARY SEWER REALIGNMENT PROJECT, GP 1220; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($182,500.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER OPERATING FUND TO 5410 206318 BURNHAM HILLS SANITARY SEWER REALIGNMENT PROJECT, GP 1220 - OTHER) Referred to Finance Committee #8. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO MAKE ALL NECESSARY PURCHASE ORDER ADJUSTMENTS AND TO PAY A MORAL OBLIGATION TO MICHAEL BAKER JR., INC.; AND DECLARING THE SAME TO BE AN EMERGENCY (UP TO AMT OF CHANGE ORDER #2 TO MAHONING RD NE CORRIDOR PROJ, PHASE 1, GP 1103, CONSTRUCTION ENGINEERING CONTRACT) Referred to Finance Committee #9. (1ST RDG) ADOPTED AS ORDINANCE NO. 179/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO PROFESSIONAL SERVICE CONTRACTS AND/OR CONTRACT AMENDMENTS WITH FROST BROWN TODD LLC (FROST) FOR LEGAL SERVICES RELATED TO ENVIRONMENTAL MATTERS; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AUTHORIZING THE AUDITOR TO PAY FROST ANY AND ALL MORAL OBLIGATIONS THAT ARISE PRIOR TO THE COMPLETION OF FINAL CONTRACTS OR CONTRACT AMENDMENTS; AND DECLARING THE SAME TO BE AN EMERGENCY ($100,000.00 FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207010 PUMPING - OTHER; $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 5410 SEWER FUND TO 5410 206005 OPERATION AND MAINTENANCE - OTHER - $50,000.00, TO 5410 206006 COLLECTION SYSTEMS DEPARTMENT - OTHER - $50,000.00) Referred to Finance Committee #10. (1ST RDG) ADOPTED AS ORDINANCE NO. 180/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ENTER INTO AN EMERGENCY PROFESSIONAL SERVICES CONTRACT WITH BENNETT & WILLIAMS ENVIRONMENTAL CONSULTANTS, INC. (B&W) FOR SERVICES RELATED TO THE PROTECTION OF THE CITY OF CANTON SUGARCREEK WELLFIELD; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AUTHORIZING THE AUDITOR TO PAY B&W ANY AND ALL MORAL OBLIGATIONS THAT ARISE PRIOR TO THE COMPLETION OF A FINAL CONTRACT; AND DECLARING THE SAME TO COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -479- MINUTES OF THE MEETING AUGUST 28, 2017 BE AN EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 5201 WATER FUND TO 5201 207010 PUMPING - OTHER) Referred to Finance Committee #11. (1ST RDG) ADOPTED AS ORDINANCE NO. 181 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO: ENTER INTO ALL NECESSARY AGREEMENTS WITH STARK COUNTY, THE OHIO PUBLIC WORKS COMMISSION, AND ANY OTHER REQUIRED ENTITIES FOR THE GEORGETOWN RD/8TH ST NE AND SHEPLER CHURCH AVENUE SW RESURFACING PROJECTS AND TO APPLY FOR, ENTER INTO AGREEMENT, AND RECEIVE ANY AND ALL FUNDING NECESSARY FOR THESE PROJECTS; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Public Property Capital Improvement Committee PRESIDENT SCHULMAN: And now we will take a rec... recess for the Committees to meet in regard to vote 9, 10, 11. You are now in recess. (COUNCIL RECESSED AT 7:27 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCES #9 AND #10; RECONVENED AT 7:44 PM) (COUNCIL RECESSED AT 7:45 PM FOR THE PUBLIC PROPERTY CAPITAL IMPROVEMENT COMMITTEE TO DISCUSS ORDINANCE #11; RECONVENED AT 7:48 PM) PRESIDENT SCHULMAN: Council will reconvene after the recess. Leader. MEMBER MORRIS: Mr. President, I move we suspend Rule 22A to place Ordinances #9, 10 and 11 back on this evening’s agenda. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend Rule 22A to place Ordinances 10... 9... 9, 10, 11 back on this evening’s agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Those Ordinances are a legal part of your agenda. Leader. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinances #9, 10 and 11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rules for COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -480- MINUTES OF THE MEETING AUGUST 28, 2017 Ordinances 9, 10 and 11 on your agenda. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #9. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #9. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #9 ADOPTED AS ORDINANCE NO. 179/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 9 is adopted. Ordinance 10. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #10. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #10 ADOPTED AS ORDINANCE NO. 180/2017 PRESIDENT SCHULMAN: Motion carries... thank you. Motion carries. Ordinance #10 is adopted. Ordinance 11, please. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance #11. Any remarks under this Ordinance? Hearing none, roll call vote please. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -481- MINUTES OF THE MEETING AUGUST 28, 2017 NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #11 ADOPTED AS ORDINANCE NO. 181/2017 PRESIDENT SCHULMAN: Thank you. Motion carries. Ordinance #11 is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: We now turn to Ordinances for their Second Reading. Leader. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES #12 THROUGH #15 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #15 ADOPTED ON 2ND READING): #12. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($14,500.00 APPROP TRF FR 1001 506001 COMMUNITY DEVELOPMENT ADMIN - OTHER TO 1001 201001 SERVICE DIRECTOR ADMIN - OTHER FOR $7,000.00 AND TO 1001 501001 HUMAN RESOURCES ADMIN - OTHER FOR $7,500.00) #13. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($200,000.00 SUPP APPROP FR UNAPPROP BAL OF 6041 MOTOR VEHICLE DEPT DMV FUND TO 6041 208010 SERVICE AND REPAIR - OTHER) #14. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PARKS AND RECREATION TO ADVERTISE, RECEIVE BIDS, AWARD, AND EXECUTE ANY AND ALL NECESSARY CONTRACTS FOR THE KING PARK RENOVATION PROJECT; OR TO ALTERNATIVELY ENTER INTO ANY AND ALL NECESSARY CONTRACTS FOR SAID PROJECT USING ANY PROCUREMENT PROCESS AUTHORIZED BY LAW; AND DECLARING THE SAME TO BE AN EMERGENCY #15. (2ND RDG) ADOPTED AS ORDINANCE NO. 182/2017 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($25,000.00 SUPP APPROP FR UNAPPROP BAL OF 2320 NURSING CLINIC ACTIVITY FUND TO 2320 303002 NURSING CLINIC ACTIVITY FUND - 700 - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we suspend Statutory Rules for Ordinance #15. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -482- MINUTES OF THE MEETING AUGUST 28, 2017 MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to suspend the Statutory Rule for Ordinance #15. Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Motion carries. Leader, you’ve heard the three readings. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 15. Any remarks under this ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 182/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 15 is adopted. PUBLIC HEARINGS PRESIDENT SCHULMAN: At this time we are going to return to our public meeting. You’ve heard the readings, so would you please begin with public reading #1. CLERK DOUGHERTY: Public Hearing. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCEL NOS. 224034, 244037, 229347, 244039, 244041, 244044, AND 244029 @ 2213 CLEVELAND AVE NW FROM R-1A (SINGLE-FAMILY RESIDENTIAL) AND B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS DISTRICT FOR GROFFRE INVEST & JEFFRIES BROS EXCAVATING & PAVING INC.) IN WARD 7. PLANNING COMMISSION RECOMMENDS APPROVAL PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this zoning change, would you please step forward. Hearing none, one more time, is there anyone in the audience wishing to speak for or against this zone change, will you please step forward. The Chair declares this... chair declares hearing over in regard to this matter. Now rests in the hands of Council. Uh, Mr. Clerk, we have one... CLERK DOUGHERTY: Public Hearing. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -483- MINUTES OF THE MEETING AUGUST 28, 2017 AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCEL #245005 @ 115 BROAD AVE NW FROM R-1A (SINGLE-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR STEPHANIE DONAHUE) IN WARD 3. PLANNING COMMISSION RECOMMENDS APPROVAL PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this zoning change, will you please step forward. Once again, is there anyone in the audience wishing to speak for or against this zoning change, will you please step forward. Seeing no one step forward, the hand out... the matter now rests in the hands of Council. Uh, Mr. Clerk. CLERK DOUGHERTY: Public Hearing #3. AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS CITY OF CANTON ZONING ORDINANCE; EMERGENCY (PARCEL #245905 @ 2110 - 8TH ST NE FROM R-1A (SINGLE-FAMILY RESIDENTIAL) TO PB-4 (PLANNED SPECIAL BUSINESS FOR MOTOR VEHICLE STORAGE) IN WARD 4. PLANNING COMMISSION RECOMMENDS APPROVAL PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this zoning change, will you please step forward. Once again, is there anyone in the audience wishing to speak for or against this zone change, would you please step forward. Seeing no one step forward, the matter now rests in the hands of Council. Mr. Clerk. CLERK DOUGHERTY: Final Public Hearing. AN ORDINANCE AMENDING CHAPTER 1158, HALL OF FAME VILLAGE DISTRICT OF PART ELEVEN, PLANNING AND ZONING CODE OF THE CODIFIED ORD BY ADDITION OF SEC 1158.19 - SIGNS PERMITTED IN HOFV ZONING DISTRICT REQUIRING A PERMIT PRESIDENT SCHULMAN: Is there anyone in the audience wishing to speak for or against this zoning change, will you please step forward. Once again, in the audience, is there anyone wishing to speak for or against this zoning change? Seeing no one step forward, the hand... uh, the... now rests in the hands of Council, referred later this evening. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: We now turn to Ordinances and Formal Resolutions for their Third/Final Reading and Vote. Mr. Clerk. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK DOUGHERTY TO READ THE FOLLOWING ORDINANCES #16 THROUGH #23 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (ORDINANCE #22 REFERRED BACK TO COMMITTEE): #16. (3RD RDG) ADOPTED AS ORDINANCE NO. 183/2017 A RESOLUTION APPROVING THE STATEMENT OF SERVICES TO BE PROVIDED TO THE PROPERTY OWNERS IN THE HOF VILLAGE #4 ANNEXATION AREA, THE APPROXIMATE DATE SERVICES WILL BE PROVIDED, PROCEDURE TO RECONCILE INCOMPATIBLE ZONING USES UPON ITS BEING ANNEXED COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -484- MINUTES OF THE MEETING AUGUST 28, 2017 TO THE CITY OF CANTON, OHIO; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance 16 . Any remarks? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #16 ADOPTED AS ORDINANCE NO. 183/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 16 is adopted. Ordinance 17, please. #17. (3RD RDG) ADOPTED AS ORDINANCE NO. 184/2017 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR THE RECEIPT OF THE FY 2018-2019 PROBATION IMPROVEMENT & INCENTIVE GRANT IN THE AMOUNT OF $88,822.00; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($88,822.00 SUPP APPROP FR UNAPPROP BAL OF 2765 PROBATION IMPROVEMENT & INCENTIVE GRANT FUND TO 2765 701001 PROBATION IMPROVEMENT & INCENTIVE GRANT - PERSONNEL) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #17. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 17. Any remarks under this Ordinance? Hearing none, roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #17 ADOPTED AS ORDINANCE NO. 184/2017 PRESIDENT SCHULMAN: Thank you. 17 has been adopted. (Inaudible) #18. (3RD RDG) ADOPTED AS ORDINANCE NO. 185/2017 AN ORDINANCE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -485- MINUTES OF THE MEETING AUGUST 28, 2017 AUTHORIZING THE MAYOR TO ENTER INTO AGREEMENT WITH THE STATE OF OHIO, DEPARTMENT OF REHABILITATION & CORRECTION FOR RECEIPT OF THE FY 2018 COMMUNITY CORRECTIONS ACT GRANT IN AN AMOUNT NOT TO EXCEED $170,601.00; AMENDING APPROPRIATION ORDINANCE NO. 41/2017; AND DECLARING THE SAME TO BE AN EMERGENCY ($170,601.00 SUPP APPROP FR UNAPPROP BAL OF 2767 MISDEMEANANT JAIL DIVERSION GRANT FUND TO 2767 MISDEMEANANT JAIL DIVERSION GRANT FUND - OTHER) PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #18. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 18. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #18 ADOPTED AS ORDINANCE NO. 185/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 18 is adopted. Ordinance 19, please. #19. (3RD RDG) ADOPTED AS ORDINANCE NO. 186/2017 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL NOS. 224034, 244037, 229347, 244039, 244041, 244044, AND 244029 @ 2213 CLEVELAND AVE NW FROM R-1A (SINGLE- FAMILY RESIDENTIAL) AND B-3 (GENERAL BUSINESS) TO PB-4 (PLANNED SPECIAL BUSINESS DISTRICT FOR GROFFRE INVEST & JEFFRIES BROS EXCAVATING & PAVING INC.) PUB HRG 8/28/17 @ 7:30 PM PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #19. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 19. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -486- MINUTES OF THE MEETING AUGUST 28, 2017 CLERK DOUGHERTY: Twelve yeas, Mr. President. #19 ADOPTED AS ORDINANCE NO. 186/2017 PRESIDENT SCHULMAN: Motion carries. Ordinance 19 is adopted. Ordinance 20, please. #20. (3RD RDG) ADOPTED AS ORDINANCE NO. 187/2017 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #245005 @ 115 BROAD AVE NW FROM R-1A (SINGLE-FAMILY RESIDENTIAL) TO PB-3 (PLANNED GENERAL BUSINESS FOR STEPHANIE DONAHUE) PUB HRG 8/28/17 @ 7:31 PM PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #20. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 20. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #20 ADOPTED AS ORDINANCE NO. 187/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 20 has been adopted. Ordinance 21, please. #21. (3RD RDG) ADOPTED AS ORDINANCE NO. 188/2017 AN ORDINANCE AMENDING ORDINANCE NO. 55/77, AS AMENDED, KNOWN AS THE CITY OF CANTON ZONING ORDINANCE; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL #245905 @ 2110 - 8TH ST NE FROM R-1A (SINGLE- FAMILY RESIDENTIAL) TO PB-4 (PLANNED SPECIAL BUSINESS FOR MOTOR VEHICLE STORAGE) PUB HRG 8/28/17 @ 7:32 PM PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #21. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 21. Any remarks? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -487- MINUTES OF THE MEETING AUGUST 28, 2017 CLERK DOUGHERTY: Twelve yeas, Mr. President. #21 ADOPTED AS ORDINANCE NO. 188/2017 PRESIDENT SCHULMAN: Thank you. Ordinance 21 has been adopted. Ordinance 22, please. #22. (3RD RDG) REFERRED BACK TO COMMITTEE AN ORDINANCE AMENDING CHAPTER 1158, HALL OF FAME VILLAGE DISTRICT OF PART ELEVEN, PLANNING AND ZONING CODE OF THE CODIFIED ORDINANCES BY THE ADDITION OF SECTION 1158.19 - SIGNS PERMITTED IN HOFV ZONING DISTRICT REQUIRING A PERMIT PUB HRG 8/28/17 @ 7:33 PM PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #22. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that adopt Ordinance 22. Any remarks? Hearing none... MEMBER MORRIS: Oh, nope, nope, I got a remark. PRESIDENT SCHULMAN: Sorry. MEMBER MORRIS: Mr. President, I move we refer this back to committee. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to refer this back to committee. Any remarks? Hearing none, roll call vote please. No, voice vote, all those in favor signify by saying aye. Those opposed no. NO REMARKS O#22 REFERRED BACK TO COMMITTEE BY UNANIMOUS VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. Motion carries. (Inaudible) Okay, and where are we now? CLERK DOUGHERTY: 23. PRESIDENT SCHULMAN: 23, Leader. #23. (3RD RDG) ADOPTED AS ORDINANCE NO. 189/2017 AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO A 5 YEAR CONTRACT FOR THE LEASE OF APPROXIMATELY 274 ACRES OF CITY OF CANTON PROPERTY AT THE SUGARCREEK WATER TREATMENT PLANT FOR FARMING PURPOSES; AND DECLARING THE SAME TO BE COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -488- MINUTES OF THE MEETING AUGUST 28, 2017 AN EMERGENCY PRESIDENT SCHULMAN: Now, Leader. Sorry. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #23. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 23. Any remarks under this Ordinance? Hearing none, roll call vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. #23 ADOPTED AS ORDINANCE NO. 189/2017 PRESIDENT SCHULMAN: Thank you. Motion carries, and that’s adopted. And before we get (inaudible), I just want to say everybody’s done an excellent job. It’s been a long meeting, a lot of things going on. I know as President I truly appreciate it. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: Turning now to Announcement of Committee Meetings. Any announcements? MEMBER MARIOL: Mr. President. LAW DIRECTOR MARTUCCIO: Mr. President, Members of Council, in judging your time to meet, if I can offer a suggestion. One of the ordinances on tonight under First Readings is the settlement of a lawsuit. I’ll be asking Council to go... full Council to go into Executive Session with the Administration and the Law Department to discuss that potential settlement of that case. Obviously, you can either do it following committee meetings before the official meeting starts, or you can do it as you reach the Second Reading during the official meeting. Your choice, your planning, but I just wanted to throw that out there. That’ll be at least a twenty minute special. MEMBER MARIOL: Mr. President, Finance and Public Property Capital Improvement will meet Monday, September 11th, at 6:15. PRESIDENT SCHULMAN: Gives you enough time. MEMBER MARIOL: Hopefully. PRESIDENT SCHULMAN: Okay. Any other announcements? MEMBER MACK: Mr. President, Judiciary will meet at the same time and the same place. MEMBER HAWK: Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -489- MINUTES OF THE MEETING AUGUST 28, 2017 PRESIDENT SCHULMAN: Yes. MEMBER HAWK: Public Safety & Thoroughfares, Monday, September 11th, 6:15. PRESIDENT SCHULMAN: 6:15, correct? Okay. Anyone else? CLERK DOUGHERTY: Annexation. PRESIDENT SCHULMAN: Sorry, Annexation. MEMBER MORRIS: Oh, yeah, I’ll be there, same time, same place. PRESIDENT SCHULMAN: Thank you, Mr. President. Or well, you know, I’m President. Uh, anyone else? MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: We’re now under Miscellaneous Business. Is there any? Oh, I’m sorry, Clerk Dougherty has an announcement. QUOTE FOR THE WEEK CLERK DOUGHERTY: Quote of the week. “Minds are like parachutes. They only function when open.”- Thomas Dewar. PRESIDENT SCHULMAN: I like that. Alright, Leader. MEMBER SMITH: Who said that? MEMBER MORRIS: Who said that? Donald Trump? (Laughter) I was about to say that’s a chute that never opened. (Laughter) PRESIDENT SCHULMAN: Okay, Leader. MEMBER MORRIS: Move to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adjourn. Vote, please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK DOUGHERTY: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 105 JOURNAL PAGE -490- MINUTES OF THE MEETING AUGUST 28, 2017 PRESIDENT SCHULMAN: Good job, everybody. Motion carries. Have a wonderful week. ADJOURNMENT TIME: 8:04 P.M. ATTEST: 8/31/17 APPROVED: DAVID R. DOUGHERTY ALLEN SCHULMAN CLERK OF COUNCIL PRESIDENT