City Council
Regular MeetingCanton, OH · November 25, 2019
Minutes
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PRESIDENT SHERER: With a quorum being present, the Chair calls this meeting of Canton City Council to
order. Roll call please, Mr. Clerk.
ROLL CALL TAKEN BY CLERK DOUGHERTY:
12 COUNCIL MEMBERS PRESENT: (CHRIS SMITH, JAMES BABCOCK, CHRISTINE SCHULMAN,
BILL SMUCKLER, GREG HAWK, BRENDA KIMBROUGH, JASON SCAGLIONE, ROBERT FISHER,
KEVIN HALL, JOHN MARIOL, PETER FERGUSON & FRANK MORRIS)
TWELVE COUNCIL MEMBERS PRESENT.
CLERK DOUGHERTY: Twelve present, Mr. President.
PRESIDENT SHERER: Tonight’s invocation will be given by At -Large Council Member, Christine
Schulman. If you would all please stand and remain standing for the Pledge of Allegiance.
The regular meeting of Canton City Council was held on November 25, 2019 at 7:00 P.M. in the Canton City
Council Chamber. The roll call was taken (see above) by Clerk of Council, David R. Dougherty. The
invocation was given by Christine Schulman, Council Member-at-Large. The Pledge of Allegiance was led by
President Sherer.
AGENDA CORRECTIONS & CHANGES
PRESIDENT SHERER: Thank you, Member Schulman. We are now under Agenda Corrections and Changes,
Leader Smith.
MEMBER SMITH: Mr. President, I move Rule 22A be suspended to add 2nd Reading Ordinances 13 through
15 to this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to add 2nd Readings of
Ordinances 13 through 15 to this evening’s agenda. Are there any remarks? ... Hearing none, roll call vote
please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries and Ordinances 13 through 15 are a legal part of your agenda.
PUBLIC HEARINGS
PRESIDENT SHERER: We are now under Public Hearings and we have no Public Hearings for this
evening.
OLD BUSINESS
PRESIDENT SHERER: We are now under Old Business and there is no Old Business for this evening.
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PUBLIC SPEAKS
PRESIDENT SHERER: We are now under Public Speaks and we have two speakers for tonight. Our first
speaker is Jim Adams. Mr. Adams, can you please step forward and give us your name and residential
address, please.
JIM ADAMS: Thank you, Mr. President. My name is Jim Adams. I live at 1250 Longshadow NE in North
Canton, Ohio, and I’m the Health Commissioner for Canton City Public Health. I am here tonight to
announce to you that our Health Department has been awarded national accreditation from the Public Health
Accreditation Board. The Board met last week and considered our application for accreditation, and we’ve
been awarded full accreditation status, so we’re very happy to and pleased to share that with the group
tonight. Uh, the Public Health Accreditation Standards are a set of national voluntary standards that go
towards the core functions of what a local public health department should be doing to serve its community,
and it has the goals to improve the quality of proflic... public health services that are provided and also
transfer that quality and performance into outcomes that are good for the community. So I want to... I want
to thank everybody for their support for that. This efforts was not done by just the Health Department, but it
was done by a collaborative effort by really everybody in the community for the community that we serve.
And we appreciate your support and continued support as we continue to serve you in the future. Thank you
very much. (Applause)
PRESIDENT SHERER: Thank you. Our next speaker is Amy Roe. Mrs. Roe, can you please step forward
and give us your name and resident... residential address, please.
AMY ROE: Amy Roe, 1142 Bellflower Ave SW. I’m here tonight to address police presence in the
southwest side of Canton. I’m not here to complain about our Police Department because I believe they do
the best job they can. We really do appreciate them. I am aware that there has been several new officers
hired, however I’m not really sure how many are retiring with that. We, meaning us and a few neighbors,
four that we know of, had an incident three months back on the morning of Sunday, September 8th. Our
garages were broken into. This is in the alley of Graham Court in between 11th and 12th Street SW. The man
had a pry bar and was able to get into several of our garages and he was able to steal some high priced tools
and other items. As a result, we had to replace our door frames and also reinforce the doors with additional
dead bolt locks and steel plates. At that point two of the neighbors had the Ring, which is a video camera
system that alerts to motion in the area and begins to record immediately. They were able to get very clear
pictures of this person. It did help that he stood there looking in the camera for a minute. We all talked to
the police in the morning and ultimately filed reports. Our neighbors gave the video to the police. It was
handed over to a detective, Detective Burke. She called me once, I returned her call because I was at work
and have never heard back since. Since then more of us have installed the Ring system. On several
occasions this person has been seen riding his bike in front of our house and in our alley. I know this for a
fact because our camera picked... pick up any vehicles or person in our alley. November 11th, our neighbor
called my husband because his video picked up the same guy attempting to pry open his man door to his
garage again. It was early in the morning and he called into dispatch around 5:00 AM. By 3:00 PM no one
showed up, so they called back and were told they had... someone would be out, which ended up being close
to 11:30 PM. When they showed up, at that point they said since they already had a report open for this that
they would just put it together and not do a new report. Last Friday, November 22nd, once again our
neighbor’s alarm went off around 4:15 in the morning and he had captured this individual on camera again
attempting once to get into his garage. He called my husband and said he was going out there this time. My
husband was almost to work and turned his truck around to come back and help. While holding this person,
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he bit our neighbor on is arm a few times. Um, this person was held until the police showed up. I believe
four cruisers showed up. When speaking to one of the officers, my husband mentioned about the break-ins
and the officer replied that he knew of no break-ins in this area. I find this incorrect. We like to see police
presence. As mentioned above, our cameras pick up any vehicles that go up and down our alley and we
never once have seen a Canton police car back there after any of these three incidents. This is disheartening
and disappointing. I know some are thinking that this is just garages and that we have worse things to deal
with in the City, and I understand that, but justice is important. This is serious, this is our house, and we both
work hard to buy the things we want. So, we would just like to see more police presence in our area on the
southwest side.
PRESIDENT SHERER: Thank you, Mrs. Roe.
INFORMAL RESOLUTIONS
PRESIDENT SHERER: We are now under Informal Resolutions and we have seven for this evening. Mr.
Clerk, please read Resolution #38 by title.
#38. MAJORITY LEADER SMITH: AUTHORIZE AND DIRECT SAFETY DIRECTOR TO OPEN
ONE OR MORE PURCHASE ORDERS IN TOTAL AMOUNT NOT TO EXCEED $39,000.00
FOR REPAIR OF A LADDER TRUCK 685 FOR FIRE DEPTARTMENT. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #38.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #38. Are... are there
any remarks? ... Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #38 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #38 is adopted. Mr. Clerk,
Resolution #39, please.
#39. PERSONNEL COMMITTEE: AUTHORIZE REAPPOINTMENT OF JOHN GIUA TO INCOME
TAX REVIEW BOARD COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #39.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #39. Are there any
remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
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NO REMARKS RESOLUTION #39 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #39 is adopted. Mr. Clerk,
Resolution #40, please.
#40. PERSONNEL COMMITTEE: AUTHORIZE APPOINTMENT OF DARREN MAYLE TO
INCOME TAX REVIEW BOARD COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #40.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #40. Are there any...
any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #40 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #40 is adopted. Resolution #41,
please.
#41. PERSONNEL COMMITTEE: AUTHORIZE REAPPOINTMENT OF RODNEY MEADOWS TO
CANTON ARCHITECTURAL REVIEW BOARD COMMENCING 1/1/20 TO 12/31/23. -
ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #41.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Res... Resolution #41. Are there
any remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #41 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #41 is adopted. Res...
Resolution #42, please.
#42. PERSONNEL COMMITTEE: AUTHORIZE REAPPOINTMENT OF DAWN M. DEVINE TO
INVESTMENT BOARD COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #42.
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MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #42. Are there any
remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #42 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #42 is adopted. Resolution #43,
please.
#43. PERSONNEL COMMITTEE: AUTHORIZE REAPPOINTMENT OF PATRICK MCCARTHY TO
INVESTMENT BOARD COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #43.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #43. Are there any
remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #43 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #43 is adopted. Resolution #44
please.
#44. PERSONNEL COMMITTEE: AUTHORIZE REAPPOINTMENT OF RAY FETE TO
COMMUNITY REINVESTMENT AREA HOUSING COUNCIL COMMENCING 1/1/20 TO
12/31/22. - ADOPTED
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Informal Resolution #44.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Informal Resolution #44. Are there any
remarks? ...Hearing none, by voice vote all those in favor signify by saying aye. Those opposed, no.
NO REMARKS RESOLUTION #44 PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it, the motion carries and Resolution #44 is adopted.
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COMMUNICATIONS
PRESIDENT SHERER: We are now under Communications. Let the journal show that all Communications
are received as read.
NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE
IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED
NOVEMBER 25, 2019.
389. COUNCIL MEMBER FISHER: REQ LEG OUTLAWING PRACTICE KNOWN AS ROLLING
COAL (MODIFY VEHICLE’S EXHAUST ALLOWING RELEASE OF ADDED TORQUE AND
HORSEPOWER WHILE RELEASING BLACK DIESEL EXHAUST INTO AIR). -
ENVIRONMENTAL & PUBLIC UTILITIES AND PUBLIC SAFETY & THOROUGHFARES
COMMITTEES
390. DEPT. OF COMMERCE: NOTIFICATION OF PERMITS TO SELL ALCOHOLIC BEVERAGES
EXPIRE 2/1/20. - RECEIVED & FILED
391. FINANCE DIRECTOR CROUSE: AMEND APPROP O#50/2019 ($18,000.00 SUPP APPROP FR
UNAPPROP BAL OF 2795 JUSTICE REINVEST GRANT FUND TO 2795 701001 JUDGES
ADMIN - OTHER); EMERGENCY. - FINANCE COMMITTEE
392. FINANCE DIRECTOR CROUSE: AUTH ADOPTION OF TEMPORARY BUDGET PRIOR TO
END OF 2019; ALLOW FOR ONE (1) TIME ADDITIONAL OR 27TH PAY IN 2020 FOR ALL
ELECTED OFFICIALS AND SALARIED PERSONNEL TO BE CALCULATED AT APPROP
HRLY RATE TO AVOID REDUCTION IN 2020 BI-WKLY PAY; EMERGENCY. - FINANCE
COMMITTEE
393. MAYOR BERNABEI: REQ REAPPT OF SUSAN ROSS TO ZONING BOARD OF APPEALS
COMMENCING 1/1/20 THROUGH 12/31/22. - PERSONNEL COMMITTEE
394. MAYOR BERNABEI: REQ RECONSIDERATION OF O#213/2019 AND TABLE SAME;
RECONSIDER O#214/2019 AND AMEND TO DELETE REF IN CAPTION AND SEC 1
MAKING LOAN TO MCKINLEY GRAND HOTEL CONTINGENT ON ISSUANCE OF BONDS
UNDER SEPARATE ORD; RECONSIDER O#215/2019 AND TABLE SAME; AUTHORIZE AND
ADOPT NEW ORD PROVIDING CORRECT MECHANISM FOR TRANSACTION; AMEND
APPROP O#50/2019; ($3,500.000.00 SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL
OPERATING FUND TO 1001 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT;
$3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN FUND
TO 2175 200501 GENERAL GOV’T SUPPORT ADMIN - OTHER; $3,500,000.00 ADVANCE
OUT FR 1001 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT TO 2175 200501
GENERAL GOV’T SUPPORT ADMIN - ADVANCE IN); EMERGENCY. - FINANCE
COMMITTEE
395. SAFETY DIRECTOR PERRY: REQ INFORMAL RESOLUTION AUTH SAF DIR TO ENTER
ONE OR MORE PURCH ORDERS IN AMT NOT TO EXCEED $39,000.00 FOR REPAIR WORK
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FOR ONE (1) LADDER TRUCK 685. - RECEIVED & FILED
396. TREASURER PEREZ: RPT OF PARKING METER REV FOR OCT. 2019. - RECEIVED &
FILED
397. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX
FOR OCT. 2019. - RECEIVED & FILED
398. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 10/31/19. -
RECEIVED & FILED
399. TREASURER PEREZ: AMEND 1312.04 OF COD ORD OF CANTON TO REQUIRE
IMMEDIATE CITY INCOME TAX WITHHOLDING FR GENERAL CONTRACTORS’ AND
SUBCONTRACTORS’ EMPLOYEES. - JUDICIARY
400. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND OUTSTANDING
INVESTMENTS AS OF OCTOBER 31, 2019. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their First Reading.
Mr. Clerk, please begin with Ordinance #1.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES
#1 AND #12 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS
FOLLOWS:
#1. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY
($140,000.00 SUPP APPROP FR UNAPPROP BAL OF 6023
COMPENSATED ABSENCES CLAIM FUND TO 6023 801001 AUDITOR -
PERSONNEL; $125,000.00 SUPP APPROP FR UNAPPROP BAL OF 6010
WORKERS COMPENSATION FUND TO 6010 801001 AUDITOR -
PERSONNEL; $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 7502
PAYROLL CLEARING FUND TO 7502 801001 AUDITOR - PERSONNEL)
Referred to Finance Committee
#2. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY
($6,000.00 SUPP APPROP FR UNAPPROP BAL OF 2219 EMERGENCY
SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER
GRANT - OTHER)
Referred to Finance and Community & Economic Development Committees
#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE AUDITOR TO PAY A MORAL
OBLIGATION IN AN AMOUNT NOT TO EXCEED $12,705.60 FOR FAIR
HOUSING LEGAL SERVICES PROVIDED FOR FAIR HOUSING CASES;
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AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance and Community & Economic Development Committees
#4. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY
($500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190 HOFV FUND
TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER)
Referred to Finance Committee
#5. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY
($151,028.00 SUPP APPROP FR UNAPPROP BAL OF 2811 2017 ASSIST
TO FIREFIGHTERS GRANT FUND TO 2811 103001 FIRE ADMIN -
OTHER; $151,028.00 INTERFUND ADV REPAY FR 2811 103001 FIRE
ADMIN - OTHER- ADVANCE OUT TO 1001 103001 FIRE ADMIN -
OTHER - ADVANCE IN)
Referred to Finance Committee
#6. (1ST RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO.
50/2019; AND DECLARING THE SAME TO BE AN EMERGENCY
($1,846.25 SUPP APPROP FR UNAPPROP BAL OF 2778 CANTON
AUXILIARY POLICE FUND TO 2778 102001 POLICE ADMIN - OTHER)
Referred to Finance Committee
#7. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO ENTER INTO A LETTER OF INTENT WITH
AMERESCO, INC. FOR AN ENERGY EFFICIENCY AUDIT OF THE CITY
HALL, SEARS, AND CIVIC CENTER BUILDINGS; AND DECLARING
THE SAME TO BE AN EMERGENCY
Referred to Public Property Capital Improvement Committee
#8. (1ST RDG) ADOPTED AS ORDINANCE NO. 218/2019 AN ORDINANCE
AUTHORIZING THE AUDITOR TO PAY A MORAL OBLIGATION IN AN
AMOUNT NOT TO EXCEED $40,000 TO CANTON EX-NEWSBOYS
ASSOCIATION; AND DECLARING THE SAME TO BE AN EMERGENCY
(NO CHILD SHALL MISS SCHOOL FOR NEED OF SHOES OR
CLOTHING PROGRAM)
Referred to Finance and Community & Economic Development Committees
#9. (1ST RDG) ADOPTED AS ORDINANCE NO. 219/2019 AN ORDINANCE
AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH
STARTUPSTARK IN AN AMOUNT NOT TO EXCEED $180,000 TO
COMPLETE AN ECONOMIC DEVELOPMENT PROJECT IN THE
DOWNTOWN INNOVATION DISTRICT; AND DECLARING THE SAME
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TO BE AN EMERGENCY (RENOVATE 9,115 SQ FT OF SPACE ON
SECOND STORY OF 555 MARKET AVE N. BLDG)
Referred to Finance and Downtown Development Committees
#10. (1ST RDG) ADOPTED AS ORDINANCE NO. 220/2019 AN ORDINANCE
AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND
DECLARING THE SAME TO BE AN EMERGENCY ($50,000.00 SUPP
APPROP FR UNAPPROP BAL OF 2314 INFANT MORTALITY
REDUCTION FUND TO 2314 301001 INFANT MORTALITY REDUCTION
- 700 OTHER DIRECT COSTS; $1,234.31 SUPP APPROP FR UNAPPROP
BAL OF 2326 HEALTHY START FUND TO 2326 301001 HEALTHY
START - 700 OTHER DIRECT COSTS; $15.33 SUPP APPROP FR
UNAPPROP BAL OF 2355 INFECTIOUS WASTE REGISTRATION FUND
TO 2355 301001 INFECTIOUS WASTE REGISTRATION - 700 OTHER
DIRECT COSTS)
Referred to Finance Committee
#11. (1ST RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 221/2019 AN
ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 50/2019;
AND DECLARING THE SAME TO BE AN EMERGENCY ($60,000.00
SUPP APPROP FR UNAPPROP BAL OF 1001 GENERAL FUND TO 1001
103001 FIRE ADMIN - OTHER; $60,000.00 SUPP APPROP FR UNAPPROP
BAL OF 6041 MOTOR VEHICLE DEPT. DMV TO 6041 103001 FIRE
ADMIN - OTHER) (REPAIRS TO TWO FIRE TRUCKS)
Referred to Finance Committee
#12. (1ST RDG) ADOPTED AS ORDINANCE NO. 222/2019 AN ORDINANCE
AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND
DECLARING THE SAME TO BE AN EMERGENCY ($3,500,000.00 SUPP
APPROP FR UNAPPROP BAL OF 1001 GENERAL OPERATING FUND
TO 1001 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT;
$3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175
COMPREHENSIVE PLAN FUND TO 2175 200501 GENERAL GOV’T
SUPPORT ADMIN - OTHER; $3,500,000.00 INTERFUND ADVANCE FR
1001 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT TO
2175 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE IN)
Referred to Finance Committee
CLERK DOUGHERTY: Mr. President.
PRESIDENT SHERER: At this time the Chair would declare an in-house recess for Finance,
Community... Community & Economic Development and Downtown Development Committees to meet
in regard to Ordinances 8 through 12 on your agenda this eve... this evening. You are now in recess.
(COUNCIL RECESSED AT 7:16 PM FOR THE FINANCE, COMMUNITY & ECONOMIC
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DEVELOPMENT AND DOWNTOWN DEVELOPMENT COMMITTEES TO DISCUSS O#8 -
O#12; RECONVENED AT 7:26 PM)
PRESIDENT SHERER: Council is reconvening after the recess. Leader Smith.
MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinances 8 through 12 back
on this evening’s agenda.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to suspend Rule 22A to place Ordinances 8
through 12 back on this evening’s agenda. Are there any remarks? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Eleven yeas, Mr. President. (Note: Clerk Dougherty stated “Eleven yeas”,
however the vote was unanimous)
PRESIDENT SHERER: Ordinance... Ordinances 8 through 12 are a legal part of your agenda. Leader
Smith.
MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinances 8 through 12.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: There’s a motion to suspend the Statutory Rules on Ordinances 8 through 12.
Are there any re... any remarks? ...Hearing none, roll call vote please, Mr. Clerk.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION
(MEMBER SMUCKLER ABSTAINED)
CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President.
PRESIDENT SHERER: You’ve heard the three readings, Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #8.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #8. Are there any
remarks under this Ordinance? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION
(MEMBER SMUCKLER ABSTAINED)
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CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President.
#8 ADOPTED AS ORDINANCE NO. 218/2019
PRESIDENT SHERER: Ordinance #8 has been adopted. Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #9.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #9. Are there 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. 219/2019
PRESIDENT SHERER: Ordinance #9 has been adopted. Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #10.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #10. Are there 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. 220/2019
PRESIDENT SHERER: Ordinance #10 has been adopted. Leader Smith.
LEADER SMITH: Mr. President, I move we adopt Ordinance #11.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #11. Are there any
remarks under this Ordinance?
MEMBER SMITH: Mr. President, I move we amend Ordinance #11 per the copy that all Council
Members have before them.
MEMBER BABCOCK: Second
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PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance #11 per the copy before
each of you. Are there any remarks? ...If not, by voice vote, all those in favor signify by saying aye.
Those opposed no.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it. The motion carries. Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #11, as amended.
MEMBER BABCOCK: Second.
AMENDMENT
Pursuant to Rule 36, I move to amend Agenda Item No. 11 by amending Section 1 to change the
dollar amounts from “$60,000.00" to “$80,000.00".
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #11, as amended. Are
there any remarks under this Ordinance, as amended? ...Hearing none, roll call vote please, Mr. Clerk.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#11 ADOPTED AS AMENDED AS ORDINANCE NO. 221/2019
PRESIDENT SHERER: Ordinance #11, as amended, has been adopted. Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #12.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded that you adopt Ordinance #12. Are there any
remarks under this Ordinance? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 11 YEAS, 1 NAY
(MEMBER MORRIS VOTED NO)
CLERK DOUGHERTY: Eleven yeas, one no.
#12 ADOPTED AS ORDINANCE NO. 222/2019
PRESIDENT SHERER: Ordinance #12 has been adopted.
ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Second
Reading. Mr. Clerk, please begin with Ordinance #13.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -516-
MINUTES OF THE MEETING NOVEMBER 25, 2019
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ ORDINANCES
#13 THROUGH #15; FOR THEIR SECOND READING BY TITLE AS REQUIRED BY STATE
LAW, AS FOLLOWS:
#13. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF
PUBLIC SERVICE TO DISSOLVE THE PERRY TOWNSHIP/CANTON
JOINT ECONOMIC DEVELOPMENT DISTRICT AGREEMENT; AND
DECLARING THE SAME TO BE AN EMERGENCY (O#206/2016)
#14. (2ND RDG) AN ORDINANCE AUTHORIZING CANTON TO ANNEX THE
TERRITORY KNOWN AS THE MEADOWLAKE ANNEXATION AREA
CONTAINING APPROXIMATELY 55.840 ACRES, MORE OR LESS;
ASSIGNING SAID TERRITORY TO WARD 8 OF THE CITY; ZONING
SAID TERRITORY AS GENERAL BUSINESS (B-3 DISTRICT) AND OS
(OPEN SPACE); AND DECLARING THE SAME TO BE AN EMERGENCY
PUB HRG 12/2/19 @ 7:00 PM
#15. (2ND RDG) AN ORDINANCE RETROACTIVELY AUTHORIZING ALL ACTIONS
TAKEN IN REGARDS TO CHANGE ORDER #1 WITH MICHAEL BAKER
JR., INC. FOR CONSTRUCTION ADMINISTRATION AND OVERSIGHT
SERVICES RELATED TO THE MAHONING ROAD CORRIDOR
PROJECT, PHASE 2, GP 1103; AUTHORIZING THE AUDITOR TO PAY
ALL MORAL OBLIGATIONS RELATED TO THE SAME; AMENDING
APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE
SAME TO BE AN EMERGENCY ($95,687.20 SUPP APPROP FR
UNAPPROP BAL OF 4566 MAHONING RD CORRIDOR PRJ GP 1103
FUND TO 4566 202079 MAHONING RD CORRIDOR PROJECT - OTHER)
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT SHERER: We are now under Ordinances and Formal Resolutions for their Third/Final
Reading and Vote. Leader Smith.
#16. (3RD RDG) RECONSIDERED AND POSTPONED AS ORDINANCE NO. 213/2019
AN ORDINANCE AUTHORIZING THE AUDITOR TO ESTABLISH AND
CREATE THE 1157 MCKINLEY GRAND HOTEL PROJECT FUND AS
PERMITTED BY O.R.C. SECTION 5705.09; AMENDING
APPROPRIATION ORDINANCE NO. 50/2019; AND DECLARING THE
SAME TO BE AN EMERGENCY ($3,500,000.00 SUPP APPROP FR
UNAPPROP BAL OF 1157 MCKINLEY GRAND HOTEL FUND TO 1157
201001 SERVICE DIRECTOR ADMIN - OTHER)
MEMBER SMITH: Mr. President, I move we reconsider Ordinance #213/2019 adopted on November
18, 2019.
MEMBER BABCOCK: Second.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -517-
MINUTES OF THE MEETING NOVEMBER 25, 2019
PRESIDENT SHERER: It’s been moved and seconded to reconsider Ordinance #213/2019 adopted on
November 18, 2019. Are there any remarks? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries. Leader Smith.
MEMBER SMITH: Mr. President, I move we postpone Ordinance #213/2019 indefinitely.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to postpone Ordinance 213/2019 indefinitely.
Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by saying aye. Those
opposed no.
NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it and Ordinance... Ordinance 213/2019 is reconsidered and
postponed indefinitely. Leader Smith.
#17. (3RD RDG) RECONSIDERED AND AMENDED AS ORDINANCE NO. 214/2019 AN
ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO ALL NECESSARY AGREEMENTS FOR THE
ISSUANCE AND PAYBACK OF A $3,500,000.00 LOAN CONTINGENT
ON THE ISSUANCE OF BONDS UNDER A SEPARATE ORDINANCE
FOR THE PURCHASE AND RENOVATION OF THE MCKINLEY GRAND
HOTEL; AND DECLARING THE SAME TO BE AN EMERGENCY
MEMBER SMITH: Mr. President, I move we reconsider Ordinance #214/2019 adopted on November
18, 2019.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to reconsider Ordinance 214/2019 adopted on
November 18, 2019. Are there any remarks? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we amend Ordinance #214/2019 per the copy before each
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -518-
MINUTES OF THE MEETING NOVEMBER 25, 2019
Council Member.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to amend Ordinance 214/2019 be... per the copy
before each of you. Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by
saying aye. Those opposed no.
NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it. Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #214/2019, as amended.
MEMBER BABCOCK: Second.
AMENDMENT
Pursuant to Rules 41 and 36 respectively, I move to reconsider and amend Ordinance No. 214/2019
by deleting the language “CONTINGENT ON THE ISSUANCE OF BONDS UNDER A SEPARATE
ORDINANCE” in the caption and deleting the language “contingent upon the issuance of bonds under
a separate ordinance” in Section 1.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance 214/2019, as amended. Are
there any remarks?
MEMBER MORRIS: Mr. President.
PRESIDENT SHERER: Member Morris.
MEMBER MORRIS: 214 was the issuance of the bond. I thought that was being tabled. Oh, I’m sorry.
PRESIDENT SHERER: Are there...
MEMBER MORRIS: Thank you, Member Hawk.
PRESIDENT SHERER: Are there any additional remarks? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#17 RECONSIDERED & AMENDED AS ORDINANCE NO. 214/2019
PRESIDENT SHERER: The motion carries and Ordinances... Ordinance 214/2019, as amended...
amended, is adopted. Leader Smith.
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MINUTES OF THE MEETING NOVEMBER 25, 2019
#18. (3RD RDG) RECONSIDERED AND POSTPONED AS ORDINANCE NO. 215/2019
ORDINANCE PROVIDING FOR THE ISSUANCE AND SALE OF
REVENUE BOND ANTICIPATION NOTES IN THE MAXIMUM
AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $3,500,000.00
TO PROVIDE FUNDS TO MAKE A LOAN FOR ECONOMIC
DEVELOPMENT IN THE CITY; AUTHORIZING RELATED MATTERS;
AND DECLARING THE SAME TO BE AN EMERGENCY
MEMBER SMITH: Mr. President, I move we reconsider Ordinance #215/2019 adopted on November
18, 2019.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to reconsider Ordinance 215/2019 adopted on
November 18, 2019. Are there any remarks? ...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: The motion carries. Leader Smith.
MEMBER SMITH: Mr. President, I move we postpone Ordinance #215/2019 indefinitely.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to postpone Ordinance 215/2019 indefinitely.
Are there any remarks? ...Hearing none, by voice vote, all those in favor signify by saying aye. Those
opposed no.
NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE
PRESIDENT SHERER: The ayes have it and Ord... O#215/2019 is reconsidered and postponed
indefinitely. Mr. Clerk, will you please read Ordinance #19.
NOTE: PRESIDENT SHERER CALLED UPON CLERK DOUGHERTY TO READ THE
FOLLOWING ORDINANCES #19 THROUGH #27 FOR THEIR THIRD READING BY TITLE AS
REQUIRED BY STATE LAW, AS FOLLOWS:
#19. (3RD RDG) ADOPTED AS ORDINANCE NO. 223/2019 AN ORDINANCE
AMENDING APPROPRIATION ORDINANCE NO. 50/2019; AND
DECLARING THE SAME TO BE AN EMERGENCY ( $160,000.00 SUPP
APPROP FR UNAPPROP BAL OF 6023 COMPENSATED ABSENCES
CLAIM FUND TO 6023 801001 AUDITOR - PERSONNEL)
PRESIDENT SHERER: Leader Smith.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -520-
MINUTES OF THE MEETING NOVEMBER 25, 2019
MEMBER SMITH: Mr. President, I move we adopt Ordinance #19.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #19. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#19 ADOPTED AS ORDINANCE NO. 223/2019
PRESIDENT SHERER: Motion carries and Ordinance #19 is adopted. Ordinance #20, please.
#20. (3RD RDG) ADOPTED AS ORDINANCE NO. 224/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 4934
AND 4935; AND DECLARING THE SAME TO BE AN EMERGENCY (646
GARFIELD AVE SW, PARCELS 208440, 229367 & 218117, FOR STEVEN
E. BAIZE, WARD 5)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #20.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #20. Are there 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. 224/2019
PRESIDENT SHERER: Motion carries and Ordinance #20 is adopted. Ordinance #21, please.
#21. (3RD RDG) ADOPTED AS ORDINANCE NO. 225/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF PART OF LOT 878;
AND DECLARING THE SAME TO BE AN EMERGENCY (1450 HOUSEL
AVE SE, PARCELS 201295 & 220027, FOR HABITAT FOR HUMANITY,
WARD 4)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #21.
MEMBER BABCOCK: Second.
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MINUTES OF THE MEETING NOVEMBER 25, 2019
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #21. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#21 ADOPTED AS ORDINANCE NO. 225/2019
PRESIDENT SHERER: Motion carries and Ordinance #21 is adopted. Ordinance #22, please.
#22. (3RD RDG) ADOPTED AS ORDINANCE NO. 226/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF PART OF LOTS 1916
AND 1917; AND DECLARING THE SAME TO BE AN EMERGENCY (1412
SYCAMORE AVE SE, PARCEL 244669, FOR HABITAT FOR HUMANITY,
WARD 4)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #22.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #22. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#22 ADOPTED AS ORDINANCE NO. 226/2019
PRESIDENT SHERER: Motion carries and Ordinance #22 is adopted. Ordinance #23, please.
#23. (3RD RDG) ADOPTED AS ORDINANCE NO. 227/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 24339,
24400, 24403 AND 24404; AND DECLARING THE SAME TO BE AN
EMERGENCY (2400 BLOCK OF 21ST ST NE, PARCELS 204172, 204173,
204174 & 204175, FOR HABITAT FOR HUMANITY, WARD 6)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #23.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #23. Are there any re... any
remarks? ...Hearing none, roll call vote please.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -522-
MINUTES OF THE MEETING NOVEMBER 25, 2019
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#23 ADOPTED AS ORDINANCE NO. 227/2019
PRESIDENT SHERER: Motion carries and Ordinance #23 is adopted. Ordinance #24, please.
#24. (3RD RDG) ADOPTED AS ORDINANCE NO. 228/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF PART OF LOT 2801
AND ALL OF LOT 2802; AND DECLARING THE SAME TO BE AN
EMERGENCY (1400 BLOCK OF WILLET AVE SE, PARCELS 216172 &
216173, FOR HABITAT FOR HUMANITY, WARD 4)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #24.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #24. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#24 ADOPTED AS ORDINANCE NO. 228/2019
PRESIDENT SHERER: Motion carries and Ordinance #24 is adopted. Ordinance #25, please.
#25. (3RD RDG) ADOPTED AS ORDINANCE NO. 229/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF ALL OF LOTS 43392,
43393 AND 43394; AND DECLARING THE SAME TO BE AN
EMERGENCY (3000 BLOCK OF RICHMOND AVE NE FOR ONE
RICHMOND AVE CO LLC, WARD 6)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #25.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #25. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 11 YEAS, 1 ABSTENTION
(MEMBER MARIOL ABSTAINED)
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -523-
MINUTES OF THE MEETING NOVEMBER 25, 2019
CLERK DOUGHERTY: Eleven yeas, one abstention, Mr. President.
#25 ADOPTED AS ORDINANCE NO. 229/2019
PRESIDENT SHERER: Motion carries and Ordinance #25 is adopted. Ordinance #26, please.
#26. (3RD RDG) ADOPTED AS ORDINANCE NO. 230/2019 AN ORDINANCE
APPROVING AND ACCEPTING THE REPLAT OF PART OF OUT LOT
239; AND DECLARING THE SAME TO BE AN EMERGENCY (1120 15TH
ST NW, PARCEL 280008, FOR CANTON COMMUNITY IMPROVEMENT
CORP, WARD 1)
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #26.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #26. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#26 ADOPTED AS ORDINANCE NO. 230/2019
PRESIDENT SHERER: Motion carries and Ordinance #26 is adopted. Ordinance #27, please.
#27. (3RD RDG) ADOPTED AS ORDINANCE NO. 231/2019 AN ORDINANCE
AMENDING ORDINANCE NO. 100/2011, AS AMENDED, TO ESTABLISH
THE ATTACHED EXHIBIT AS THE CLASSIFICATION PLAN FOR THE
SERVICE DIRECTOR’S WATER CONSTRUCTION, REPAIR,
MAINTENANCE, SUPPLY AND TREATMENT DIVISION (WATER
DEPARTMENT) MANAGEMENT AND NON-BARGAINING PERSONNEL
EMPLOYED BY THE CITY OF CANTON; AND DECLARING THE SAME
TO BE AN EMERGENCY
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #27.
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adopt Ordinance #27. Are there any remarks?
...Hearing none, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -524-
MINUTES OF THE MEETING NOVEMBER 25, 2019
CLERK DOUGHERTY: Twelve yeas, Mr. President.
#27 ADOPTED AS ORDINANCE NO. 231/2019
PRESIDENT SHERER: Motion carries and Ordinance #27 is adopted.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT SHERER: We are now under announcement of Committee Meetings.
MEMBER MORRIS: Mr. President.
PRESIDENT SHERER: Member Morris.
MEMBER MORRIS: Finance will meet December 2nd at 6:30 PM.
CLERK DOUGHERTY: 6:15. (Laughter)
MEMBER SCAGLIONE: Mr. President.
PRESIDENT SHERER: Member Scaglione.
MEMBER SCAGLIONE: Public Property Capital Improvement will meet at 6:15 that same evening.
CLERK DOUGHERTY: Personnel. Personnel.
MEMBER BABCOCK: Personnel, same time, same place.
CLERK DOUGHERTY: CD. CD, please.
MEMBER FERGUSON: Same time, same place. I’m sorry. (Inaudible voices and laughter)
PRESIDENT SHERER: (Chuckles) (Inaudible) Thank you, Member Ferguson.
MISCELLANEOUS BUSINESS
PRESIDENT SHERER: We are now under Miscellaneous Business. Is there any Miscellaneous
Business for this evening? Mrs. Roe, I want to thank you for coming down tonight. Even tough I firmly
believe that the City is moving forward, we need to continue to strive to do a better job than we do. You
know, I want to thank your husband for... and the neighbor for apprehending that individual, which I’m
sure that, you know, things were well taken care of, but I want to thank you for coming down this
evening. Is there any additional Miscellaneous Business for this evening? Clerk Dougherty, our quote
for the week, please.
CLERK DOUGHERTY: “Three things you should never break, promises, trust and someone’s heart.”
-Unknown
PRESIDENT SHERER: Leader Smith.
MEMBER SMITH: Mr. President, I move we adjourn, and everyone have a great Thanksgiving.
COUNCIL PROCEEDINGS JOURNAL 107 JOURNAL PAGE -525-
MINUTES OF THE MEETING NOVEMBER 25, 2019
MEMBER BABCOCK: Second.
PRESIDENT SHERER: It’s been moved and seconded to adjourn. Mr. Clerk, roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK DOUGHERTY: Twelve yeas, Mr. President.
PRESIDENT SHERER: This meeting is adjourned and Happy Holidays, everybody. (Gavel falls).
ADJOURNMENT TIME: 7:50 PM
ATTEST: 11/26/19 APPROVED:
DAVID R. DOUGHERTY WILLIAM SHERER, II
CLERK OF COUNCIL PRESIDENT
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:00 PM NOVEMBER 25, 2019
ROLL CALL: All Mem bers Present
M OTION TO EXCUSE M EM BERS: Not Necessary
INVOCATION: Christine Schulm an, At-Large Council Mem ber
PLEDGE OF ALLEGIANCE: President Sherer
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#8 - O#12; 2 nd Rdg O#13 - O#15; O#8 -
O#12 Adopted on 1 st Rdg; O#11 Adopted as Am ended; O#213/2019 and O#215/2019 Reconsidered and Postponed
Indefinitely; O#214/2019 Reconsidered and Am ended)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Health Com m issioner Adam s said the City Health Dept. has received national, full
status, accreditation and thanked everyone for their support. Am y Roe requested a larger police presence in her Southwest
neighborhood. After a second break-in of her garage, her husband caught and detained the robber until the police arrived.
INFORM AL RESOLUTIONS:
38. MAJORITY LEADER SMITH: AUTH AND DIRECT SAF DIR TO OPEN ONE OR MORE PURCH
ORDERS IN TOTAL AMT NOT TO EXCEED $39,000.00 FOR REPAIR OF
A LADDER TRUCK 685 FOR FIRE DEPT. - ADOPTED
39. PERSONNEL COMMITTEE: AUTH REAPPT OF JOHN GIUA TO INCOME TAX REVIEW BD
COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
40. PERSONNEL COMMITTEE: AUTH APPT OF DARREN MAYLE TO INCOME TAX REVIEW BD
COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
41. PERSONNEL COMMITTEE: AUTH REAPPT OF RODNEY MEADOW S TO CANTON ARCHITECTURAL
REVIEW BD COMMENCING 1/1/20 TO 12/31/23. - ADOPTED
42. PERSONNEL COMMITTEE: AUTH REAPPT OF DAW N M. DEVINE TO INVESTMENT BD
COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
43. PERSONNEL COMMITTEE: AUTH REAPPT OF PATRICK MCCARTHY TO INVESTMENT BD
COMMENCING 1/1/20 TO 12/31/21. - ADOPTED
44. PERSONNEL COMMITTEE: AUTH REAPPT OF RAY FETE TO COMMUNITY REINVESTMENT AREA
HOUSING COUNCIL COMMENCING 1/1/20 TO 12/31/22. - ADOPTED
COM M UNICATIONS:
389. COUNCIL MEMBER FISHER: REQ LEG OUTLAW ING PRACTICE KNOW N AS ROLLING COAL
(MODIFY VEHICLE’S EXHAUST ALLOW ING RELEASE OF ADDED
TORQUE AND HORSEPOW ER W HILE RELEASING BLACK DIESEL
EXHAUST INTO AIR). - ENVIRONMENTAL & PUBLIC UTILITIES AND
PUBLIC SAFETY & THOROUGHFARES COMMITTEES
390. DEPT. OF COMMERCE: NOTIFICATION OF PERMITS TO SELL ALCOHOLIC BEVERAGES
EXPIRE 2/1/20. - RECEIVED & FILED
391. FINANCE DIRECTOR CROUSE: AMEND APPROP O#50/2019 ($18,000.00 SUPP APPROP FR UNAPPROP
BAL OF 2795 JUSTICE REINVEST GRANT FUND TO 2795 701001
JUDGES ADMIN - OTHER); EMERGENCY. - FINANCE COMMITTEE
392. FINANCE DIRECTOR CROUSE: AUTH ADOPTION OF TEMPORARY BUDGET PRIOR TO END OF 2019;
ALLOW FOR ONE (1) TIME ADDITIONAL OR 27 TH PAY IN 2020 FOR ALL
ELECTED OFFICIALS AND SALARIED PERSONNEL TO BE
CALCULATED AT APPROP HRLY RATE TO AVOID REDUCTION IN 2020
BI-W KLY PAY; EMERGENCY. - FINANCE COMMITTEE
393. MAYOR BERNABEI: REQ REAPPT OF SUSAN ROSS TO ZONING BOARD OF APPEALS
COMMENCING 1/1/20 THROUGH 12/31/22. - PERSONNEL COMMITTEE
394. MAYOR BERNABEI: REQ RECONSIDERATION OF O#213/2019 AND TABLE SAME;
RECONSIDER O#214/2019 AND AMEND TO DELETE REF IN CAPTION
AND SEC 1 MAKING LOAN TO MCKINLEY GRAND HOTEL
CONTINGENT ON ISSUANCE OF BONDS UNDER SEPARATE ORD;
RECONSIDER O#215/2019 AND TABLE SAME; AUTHORIZE AND ADOPT
NEW ORD PROVIDING CORRECT MECHANISM FOR TRANSACTION;
AMEND APPROP O#50/2019; ($3,500.000.00 SUPP APPROP FR
UNAPPROP BAL OF 1001 GENERAL OPERATING FUND TO 1001
200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT;
$3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175
COMPREHENSIVE PLAN FUND TO 2175 200501 GENERAL GOV’T
SUPPORT ADMIN - OTHER; $3,500,000.00 ADVANCE OUT FR 1001
200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT TO 2175
200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE IN);
EMERGENCY. - FINANCE COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - NOVEMBER 25, 2019
COM M UNICATIONS CONTINUED:
395. SAFETY DIRECTOR PERRY: REQ INFORMAL RESOLUTION AUTH SAF DIR TO ENTER ONE OR
MORE PURCH ORDERS IN AMT NOT TO EXCEED $39,000.00 FOR
REPAIR W ORK FOR ONE (1) LADDER TRUCK 685. - RECEIVED & FILED
396. TREASURER PEREZ: RPT OF PARKING METER REV FOR OCT. 2019. - RECEIVED & FILED
397. TREASURER PEREZ: RPT OF DEPOSITS AND PAY INS FOR AMBULANCE LOCK BOX FOR
OCT. 2019. - RECEIVED & FILED
398. TREASURER PEREZ: COMPARATIVE RPT OF CASH RECEIPTS AS OF 10/31/19. - RECEIVED
& FILED
399. TREASURER PEREZ: AMEND 1312.04 OF COD ORD OF CANTON TO REQUIRE IMMEDIATE
CITY INCOME TAX W ITHHOLDING FR GENERAL CONTRACTORS’ AND
SUBCONTRACTORS’ EMPLOYEES. - JUDICIARY
400. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND OUTSTANDING INVESTMENTS
AS OF OCTOBER 31, 2019. - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
1 ST RDG 1. AMEND APPROP O#50/2019; EMERGENCY ($140,000.00 SUPP APPROP FR UNAPPROP BAL OF 6023
COMPENSATED ABSENCES CLAIM FUND TO 6023 801001 AUDITOR - PERSONNEL; $125,000.00
SUPP APPROP FR UNAPPROP BAL OF 6010 W ORKERS COMPENSATION FUND TO 6010 801001
AUDITOR - PERSONNEL; $100,000.00 SUPP APPROP FR UNAPPROP BAL OF 7502 PAYROLL
CLEARING FUND TO 7502 801001 AUDITOR - PERSONNEL)
Referred to Finance Com m ittee
1 ST RDG 2. AMEND APPROP O#50/2019; EMERGENCY ($6,000.00 SUPP APPROP FR UNAPPROP BAL OF 2219
EMERGENCY SHELTER GRANT FUND TO 2219 506001 EMERGENCY SHELTER GRANT - OTHER)
Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees
1 ST RDG 3. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $12,705.60 FOR FAIR HOUSING
LEGAL SERVS PROVIDED FOR FAIR HOUSING CASES; EMERGENCY
Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees
1 ST RDG 4. AMEND APPROP O#50/2019; EMERGENCY ($500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2190
HOFV FUND TO 2190 861101 HOFV - TOURISM DEVELOP DISTRICT - OTHER)
Referred to Finance Com m ittee
1 ST RDG 5. AMEND APPROP O#50/2019; EMERGENCY ($151,028.00 SUPP APPROP FR UNAPPROP BAL OF 2811
2017 ASSIST TO FIREFIGHTERS GRANT FUND TO 2811 103001 FIRE ADMIN - OTHER; $151,028.00
INTERFUND ADV REPAY FR 2811 103001 FIRE ADMIN - OTHER- ADVANCE OUT TO 1001 103001 FIRE
ADMIN - OTHER - ADVANCE IN)
Referred to Finance Com m ittee
1 ST RDG 6. AMEND APPROP O#50/2019; EMERGENCY ($1,846.25 SUPP APPROP FR UNAPPROP BAL OF 2778
CANTON AUXILIARY POLICE FUND TO 2778 102001 POLICE ADMIN - OTHER)
Referred to Finance Com m ittee
1 ST RDG 7. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO LETTER OF INTENT W ITH AMERESCO, INC. FOR
ENERGY EFFICIENT AUDIT OF CITY HALL, SEARS, & CIVIC CENTER BLDGS; EMERGENCY
Referred to Public Property Capital Im provem ent Com m ittee
(COUNCIL RECESSED AT 7:16 PM FOR THE FINANCE AND COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
TO DISCUSS O#8; RECONVENED AT 7:17 PM)
218/2019 8. AUTHORIZE AUDITOR TO PAY MORAL OB IN AMT NOT TO EXCEED $40,000.00 TO CANTON EX-
NEW SBOYS ASSOC; EMERGENCY (NO CHILD SHALL MISS SCHOOL FOR NEED OF SHOES OR
CLOTHING PROGRAM)
Referred to Finance and Com m unity & Econom ic Developm ent Com m ittees
(COUNCIL RECESSED AT 7:17 FOR THE FINANCE AND DOWNTOWN DEVELOPMENT COMMITTEE TO DISCUSS O#9;
RECONVENED AT 7:21 PM)
219/2019 9. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO PROF SERVS AGMT W ITH STARTUPSTARK IN
AMT NOT TO EXCEED $180,000.00 TO COMPLETE ECONOMIC DEVELOPMENT PROJ IN
DOW NTOW N INNOVATION DISTRICT; EMERGENCY (RENOVATE 9,115 SQ FT OF SPACE ON
SECOND STORY OF 555 MARKET AVE N. BLDG)
Referred to Finance and Downtown Developm ent Com m ittees
CANTON CITY COUNCIL AGENDA - PAGE 3 - NOVEMBER 25, 2019
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING CONTINUED:
(COUNCIL RECESSED AT 7:21 FOR THE FINANCE COMMITTEE TO DISCUSS O#10, O#11 AND O#12; RECONVENED
AT 7:26 PM)
220/2019 10. AMEND APPROP O#50/2019; EMERGENCY ($50,000.00 SUPP APPROP FR UNAPPROP BAL OF 2314
INFANT MORTALITY REDUCTION FUND TO 2314 301001 INFANT MORTALITY REDUCTION - 700
OTHER DIRECT COSTS; $1,234.31 SUPP APPROP FR UNAPPROP BAL OF 2326 HEALTHY START
FUND TO 2326 301001 HEALTHY START - 700 OTHER DIRECT COSTS; $15.33 SUPP APPROP FR
UNAPPROP BAL OF 2355 INFECTIOUS W ASTE REGISTRATION FUND TO 2355 301001 INFECTIOUS
W ASTE REGISTRATION - 700 OTHER DIRECT COSTS)
Referred to Finance Com m ittee
AM ENDED AS
221/2019 11. AMEND APPROP O#50/2019; EMERGENCY ($60,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL FUND TO 1001 103001 FIRE ADMIN - OTHER; $60,000.00 SUPP APPROP FR UNAPPROP
BAL OF 6041 MOTOR VEHICLE DEPT. DMV TO 6041 103001 FIRE ADMIN - OTHER) (REPAIRS TO TW O
FIRE TRUCKS)
Referred to Finance Com m ittee
222/2019 12. AMEND O#50/2019; EMERGENCY ($3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 1001
GENERAL OPERATING FUND TO 1001 200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT;
$3,500,000.00 SUPP APPROP FR UNAPPROP BAL OF 2175 COMPREHENSIVE PLAN FUND TO 2175
200501 GENERAL GOV’T SUPPORT ADMIN - OTHER; $3,500,000.00 INTERFUND ADVANCE FR 1001
200501 GENERAL GOV’T SUPPORT ADMIN - ADVANCE OUT TO 2175 200501 GENERAL GOV’T
SUPPORT ADMIN - ADVANCE IN)
Referred to Finance Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#13 - O#15)
2 ND RDG 13. AU T HO RIZE M AYO R O R SERV D IR T O D ISSO LVE PER R Y T O W N SH IP/C AN T O N JO INT EC O N O M IC
DEVELOPMENT DISTRICT AGMT; EMERGENCY (O#206/2016) (C&ED)
2 ND RDG 14. AUTHORIZE CANTON TO ANNEX TERRITORY KNOW N AS MEADOW LAKE ANNEXATION AREA
CONTAINING APPROX 55.840 ACRES, MORE OR LESS; ASSIGNING SAID TERRITORY TO W ARD 8 OF
CITY; ZONING SAID TERRITORY AS GENERAL BUSINESS (B-3 DISTRICT) AND OS (OPEN SPACE);
EMERGENCY PUB HRG 12/2/19 @ 7:00 PM (ANNEX)
2 ND RDG 15. RETRO AUTHORIZE ALL ACTIONS TAKEN IN REGARDS TO CHANGE ORDER #1 W ITH MICHAEL
BAKER, JR., INC. FOR CONSTRUCTION ADMIN AND OVERSIGHT SERVS RELATED TO MAHONING
RD CORRIDOR PROJ, PHASE 2, GP 1103; AUTHORIZE AUDITOR TO PAY ALL MORAL OBS RELATED
TO SAME; AMEND APPROP O#50/2019; EMERGENCY ($95,687.20 SUPP APPROP FR UNAPPROP BAL
OF 4566 MAHONING RD CORRIDOR PRJ GP 1103 FUND TO 4566 202079 MAHONING RD CORRIDOR
PROJECT - OTHER) (PPCI & FIN)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE:
RECONSIDERED & POSTPONED INDEFINITELY
213/2019 16. AUTHORIZE AUDITOR TO ESTABLISH AND CREATE 1157 MCKINLEY GRAND HOTEL PROJECT FUND
AS PERMITTED BY ORC SEC 5705.09; AMEND APPROP O#50/2019; EMERGENCY ($3,500,000.00
SUPP APPROP FR UNAPPROP BAL OF 1157 MCKINLEY GRAND HOTEL FUND TO 1157 201001
SERVICE DIRECTOR ADMIN - OTHER)
RECONSIDERED & AM ENDED AS
214/2019 17. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ALL NECESSARY AGMTS FOR ISSUANCE AND
PAYBACK OF $3,500,000.00 LOAN CONTINGENT ON ISSUANCE OF BONDS UNDER SEPARATE
ORDINANCE FOR PURCHASE AND RENOVATION OF MCKINLEY GRAND HOTEL; EMERGENCY
RECONSIDERED & POSTPONED INDEFINITELY
215/2019 18. PROVIDE FOR ISSUANCE AND SALE OF REVENUE BOND ANTICIPATION NOTES IN MAX
AGGREGATE PRINCIPAL AMT OF NOT TO EXCEED $3,500,000.00 TO PROVIDE FUNDS TO MAKE
LOAN FOR ECONOMIC DEVELOPMENT IN CITY; AUTHORIZE RELATED MATTERS; EMERGENCY
223/2019 19. AMEND APPROP O#50/2019; EMERGENCY ($160,000.00 SUPP APPROP FR UNAPPROP BAL OF 6023
COMPENSATED ABSENCES CLAIM FUND TO 6023 801001 AUDITOR - PERSONNEL)
224/2019 20. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 4934 AND 4935; EMERGENCY (646 GARFIELD AVE
SW , PARCELS 208440, 229367 & 218117, FOR STEVEN E. BAIZE, W ARD 5)
225/2019 21. APPROVE AND ACCEPT REPLAT OF PART OF LOT 878; EMERGENCY (1450 HOUSEL AVE SE,
PARCELS 201295 & 220027, FOR HABITAT FOR HUMANITY, W ARD 4)
226/2019 22. APPROVE AND ACCEPT REPLAT OF PART OF LOTS 1916 AND 1917; EMERGENCY (1412 SYCAMORE
AVE SE, PARCEL 244669, FOR HABITAT FOR HUMANITY, W ARD 4)
227/2019 23. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 24399, 24400, 24403 AND 24404; EMERGENCY
(2400 BLOCK OF 21 ST ST NE, PARCELS 204172, 204173, 204174 & 204175, FOR HABITAT FOR
HUMANITY, W ARD 6)
CANTON CITY COUNCIL AGENDA - PAGE 4 - NOVEMBER 25, 2019
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE CONTINUED:
228/2019 24. APPROVE AND ACCEPT REPLAT OF PART OF LOT 2801 AND ALL OF LOT 2802; EMERGENCY (1400
BLOCK OF W ILLET AVE SE, PARCELS 216172 & 216173, FOR HABITAT FOR HUMANITY, W ARD 4)
229/2019 25. APPROVE AND ACCEPT REPLAT OF ALL OF LOTS 43392, 43393 AND 43394; EMERGENCY (3000
BLOCK OF RICHMOND AVE NE FOR ONE RICHMOND AVE CO LLC, W ARD 6)
230/2019 26. APPROVE AND ACCEPT REPLAT OF PART OF OUT LOT 239; EMERGENCY (1120 15 TH ST NW ,
PARCEL 280008, FOR CANTON COMMUNITY IMPROVEMENT CORP, W ARD 1)
231/2019 27. AMEND O#100/2011, AS AMENDED, TO ESTABLISH ATTACHED EXHIBIT AS CLASSIFICATION PLAN
FOR SERV DIR’S W ATER CONSTRUCTION, REPAIR, MAINT, SUPPLY AND TREATMENT DIVISION
(W ATER DEPT) MGT AND NON-BARGAINING PERSONNEL EMPLOYED BY CITY OF CANTON;
EMERGENCY
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, December 2, 2019 in Council Caucus Room at 6:15 PM
Finance Com m ittee
Public Property Capital Im provem ent Com m ittee
Personnel Com m ittee
Com m unity & Econom ic Developm ent Com m ittee
M ISCELLANEOUS BUSINESS: President Sherer thanked Mrs. Roe for com ing to Council. He said he believes things are
getting better.
QUOTE OF THE W EEK: “Three things you should never break: Promises, Trust and someone’s heart.” - Unknown
ADJOURNM ENT: 7:50 PM
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, DECEM BER 2, 2019 @ 7:00 PM
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