08/15/2022 City Council MinutesAPPROVED AS SUBMITTED
FAIRLAWN CITY COUNCIL
REGULAR MEETING
AUGUST 15,2022
ITEM 1: CALI, TO ORDER
President Russell Sharnsky called the meeting to order at 6:30 p.m.
ITEM 2: PLEDGE OF ALLEGIANCE
ITEM 3: ROLL CALL
Present: Mayor Roth; Mr. Russell T. Sharnsky; Mr. Joseph Gentile; Mrs. Barbara Potts; Mr. Todd Stock; Mr. Philip
Brillhart; Mr. Michael Detorakis; and Mrs. Kathleen Baum.
Also present: R. Bryan Nace, Director of Law; Police Chief Terry Wisener, Police Division; Fire Captain Steve Brant,
Division of Fire and Emergency Rescue Services; Bill Arnold, Commissioner of Zoninglffiousing and Residential Chief
Building Official; Nick Spagnuolo, City Engineer; Ernie Staten, Director of Public Service; Mark Ludwig, Director of
Finance; Jacob Kaufrnan, Tax Administrator/Assistant Director of Finance; Laurie Beisecker, Director of Parks and
Recreation; Laura George, Executive Assistant to the Mayor; and Tonja Caldwell, Clerk of Council.
Excused: Fire Chief Rich Dobson, Division of Fire and Emergency Rescue Services.
Mr. Sharnslqy: We do have a quonrm present. We will follow the pre-printed agendas. For our visitors, there are
copies available in the back of the room. At this time, could you please silence your cell phones?
ITEM 4: APPROVAL OF MEETING MINUTES
Mr. Sharnsky: Our first item of business is the approval of our regular meeting minutes. We have quite a few sets of
meeting minutes. I believe we have four sets to approve tonight. Everyone has received a copy of each set of minutes
in draft format.
We'll statt with the June 6, 2022 rcgilar meeting minutes. Are there any additions or corrections to the meeting minutes
as they were presented? [There was no response.] Hearing none, Iod ask the Clerk to please call the roll for approval of
the June 6,2022 regular meeting minutes as submitted.
Mrs. Caldwell: VOTE ON THE APPROVAL OF THE MII\UTES OF JIINE 6,20222 Potts, yea; Stock, yea;
Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky,yea; Gentile, yea. Seven yea on the approval of the Jtne 612022
meeting minutes.
Mr. Sharnsky: Moving on to our June 21, 2022regalar meeting minutes. Are there any additions or corrections to the
meeting minutes as they were presented? [There was no response.] Hearing none, would the Clerk please call the roll
for approval of the June 21, 2022 regu,lN meeting minutes as submitted?
Mrs. Caldwell: VOTE ON TI{E APPROVAL OF'TIIE MII\UTES OF JUIIE 21,2022t Stock, abstain; Brillhart,
yea; Detorakis, abstain; Baum, yea; Sharnsky, yea; Gentile, yea; Potts, yea. Five yea, two abstentions on the approval
of the June 21, 2022 meeting minutes.
Mr. Sharnslqy: Now we'll move on to our approval of our special meeting minutes from June 27,2022. Everyone
received a copy in draft format. Are there any additions or corrections to those meeting minutes as they were provided?
Page I of 12
Fairlawn City Council
August 15,2022
APPROVED AS SUBMITTED
fThere was no response.] Hearing none, I would ask the Clerk to please call the roll for approval of the June 27 ,2022
special meeting minutes as submitted.
Mrs. Caldwell: VOTE ON THE APPROVAL OF THE MINUTES OF JIINE 27,2022: Brillhart, yea; Detorakis,
yea; Baum, yea; Sharnsky,yea; Gentile, yea; Potts, yea; Stock, yea. Seven yea on the approval ofthe June2712022
special meeting minutes.
Mr. Sharnsky: Last but not least, we have our July 18, 2022 regular meeting minutes. Everyone has received a copy
in draft format. Any additions or corrections to those meeting minutes as they were submitted? [There was no response.]
Hearing none, would the Clerk please call the roll for approval of the July 18,2022 regular meeting minutes as submitted?
Mrs. Caldwell: VOTE ON TIIE APPROVAL OF THE MINUTES OF JULY 18,20222 Detorakis, yea; Baum,
yea; Sharnsky, yea; Gentile, yea; Potts, yea; Stock, yea; Brillhart, yea. Seven yea on the approval ofthe Jluly 1812022
meeting minutes.
ITEM 5: RECEIVING PETITIONS. CLAIMS. AITID COMMUI\ICATIONS
Mr. Sharnsky: Have we received any petitions, claims, or communications since our last meeting?
Mrs. Caldwell: Yes. A letter from the Department of Commerce, Division of Liquor Control
Mrs. Caldwell read the below letter:
ffir Depsrament
ofCommercc
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Page2 of 12
Fairlawn City Council
August 15,2022
APPROVED AS SUBMITTED
Mr. Sharnslry: Chief Wisener, are you aware of any issues we have within the City with any liquor permits?
Chief Wisener: No. At the established ones, no.
Mr. Sharnsky: Mayor, anything you would object to? I'm just curious.
Mayor Roth: Not within the City that we're aware of.
Mr. Sharnsky: Thank you. Now we'll move on to our Report of City Officials and Boards. We'll have our reports
from the Administration. As usual, we'll begin with Mayor Roth.
ITEM 6: REPORT OF CITY OFFICIALS AIID BOARDS
MAYOR'S REPORT. MAYOR ROTH
Mayor Roth: Good evening, Mr. President, Council, Cabinet, and those in the audience. Just a few things to report
on. As I indicated last time, all Departrnent Heads have to submit to me their operating and capital budgets by
September 8ft for my review, and then we'll start setting up our budgetary meetings with Council as we normally do.
Next, I anticipate that we'll have some legislation at our next Council meeting to cover the cost of fixing the sanitary
sewer line on Sand Run. As you know, there's a temporary repair at this time, but we want to move forward in that
process, so I anticipate that. That legislation will be before Council at the next Council meeting. We are keeping an
eye on that situation. Right now, the seal is what it is, but we want to make sure we address that. Part of the issue is
obtaining the materials. The one structure we need has to be manufactured. They don't keep them around in yards
anymore, so that's the reasoning. Mr. Staten, am I correct on that?
Mr. Staten: Yes. The sealant that has to go on the outside of it because of the FDS problem needs six weeks for the
manhole to cure. From there, they can coat it which will take another couple of weeks, so time is of the essence. It's
definitely a safety issue of having a steel plate over the top of a piece of roadway and manhole that could collapse at
any moment.
Mayor Roth: We are addressing it, but that probably shouldn't change everything else. You can only get it when
they make it.
Next, this is for the curious and historic, and I thank Mr. Kaufman for finding this. The CrE's seal. We've always
been trying to figure out who did it and who designed it, and we have right here minutes from the September ll,1972
Council meeting. It looks like we will never know the answer because they had a contest, and Mrs. Zimmerman
reported that the Public Affairs committee examined the logos submitted in the contest and concurs with the Citizens
Committee judges regarding the winning entry. In as much as the entry was anonymous, the $25.00 prize from
Kiwanis will be given to chanty. The seal was adopted that night, so apparently, we'll never know who came up with
it.
Mr. Sharnsky: 50 years ago.
Mayor Roth: Yes. September 11, 1972. That's just a little piece of information.
Now, last but not least, it's the middle of August already and I wish everyone to enjoy the fleeting remains of summer
The next time we meet, it'll be after Labor Day. That concludes my report.
Mr; Sharnslry: Any questions or comments from members of Council for Mayor Roth this evening? [There was no
response.] Thank you, Mr. Mayor.
Page3 of12
Fairlawn City Council
August 15,2022
APPROVED AS SUBMITTED
DEPARTMENT OF LAW. R. BRYAI\ NACE
Mr. Nace: Good evening, Mr. President. I have one item to report on. I found out this afternoon that the folks in the
Crystal Clinic appeal, the Meyerson vs. City of Fairlawn case, filed an appeal with the Ohio Supreme Court today. It's
a little different when you go to the Ohio Supreme Court in this type of case, you don't get in automatically. They have
to agree to take the case and there are very few cases that they take, so the odds ofit being accepted are probably low. I
wanted you all to be aware that they did appeal, so that case still lives on. That concludes my report.
Mr. Sharnsky: Anything further for Mr. Nace this evening? [There was no response.] Thank you.
POLICE DTWSION. POLICE CHIEF'TERRY WISENER
Chief Wisener: Good evening, Mr. President and members of Council. I have no report this evening.
Mr. Sharnslry: Any questions or comments for Chief Wisener? fThere was no response.] Thank you.
DTVISION OF FIRE AI\D EMERGENCY RESCUE SERVICES. FIRE CIIIEF RICH DOBSON @XCUSED)
Captain Brant: Good evening, Mr. President and members of Council. I have no report for this evening.
Mr. Sharnslry: Any questions or comments for the Captain this evening? [There was no response.] Thank you.
BIJILDING AI\D ZONING DEPARTMENT. WILLIAM ARNOLD
Mr. Arnold: Thank you, Mr. President and members of Council. One thing to report. This Thursday evening at 6:30
we will have the Board of Zoning and Appeals. It will be held in this room. There are two items on the agenda. That
concludes my report.
Mr. Sharnslry: Anything further for Mr. Arnold? [There was no response.] Thank you.
DEPARTMENT OF ENGIIIEERING. NICK SPAGI\UOLO
Mr. Spagnuolo: Thank you, Mr. President and members of Council. Just two items. First, the Rosemont Boulevard
sidewalk is now complete.
Secondly, the contractor will be in next week to start his punch list on Cleveland-Massillon Road. That's all I have.
Mr. Sharnsky: Any questions or comments for Mr. Spagnuolo? [There was no response.] Thank you, sir.
DEPARTMENT OF PIJBLIC SERVICE. ERNEST STATEN
Mr. Staten: Good evening, Mr. President and members of Council. Last week, we had two unfortunate utility issues.
First was the boil alert that was issued by the City of Akron. The second one was the Ohio Edison outage on
Saturday. The Edison outage was disturbing in the way that it was two different substations that went down, and
when you're trying to get redundancy for other builds, finding out that two substations went down is worrisome.
We've had a lot of discussions with Ohio Edison. They had malfunctions at both substations, so we'll just keep that
on alert and when we build the data center, we'll just make sure that the power generation behind the electricity will
be redundant.
Page 4 of 12
Fairlawn City Council
August 15,2022
APPROVEDAS SUBMITTED
The only other thing is the Summit County data center ring build, Mann Parsons Gray was selected as the architect for
the data center, and that's now made official. Thrasher is the engineer for the fiber ring, and we have construction
management for both projects out for bid right at the moment. That concludes Service.
Mr. Sharnsky: Ernie, I know we were not really involved with the water supply, but this is a little bit confusing, at
least for me, on which parts of the City that affected. Was that the entire City? I didn't understand. It didn't seem
like it was the whole City.
Mr. Staten: No, it was the entire City all the way up to 21 . Everything that is north and west of 21177 , the water is
supplied by the water tower on Montrose Hill, so that's why that was not affected but our area was affected. There's a
36-inch main that runs from basically Lake Rockwell over to the west side of Akron, and that's where they had the
problem. That 36-inch main had a break and whenever you have something that big, what it does is it pulls in the
sediment around it which then causes the need for a boil alert. That's why the water was brown. It pulls that
sediment in.
Mr. Sharnsky: It wasn't clear to me which parts. It seemed like it was just some parts of the City.
Mr. Staten: One more thing to add with it; the City of Akron did not reach out to Fairlawn at any point. We really
learned everything from their Facebook posts, so we were maybe a couple of hours late on knowing that the boil alert
was in effect and a couple of hours late on knowing when it went out of effect. I have yet to hear from the City of
Akron. I have placed many calls on how do we update that, so I'll still work on that, but we did not get the updates
other than through social media.
Mr. Sharnslry: So, it affected our whole City. That should have been one of the first phone calls they made.
Mr. Staten: Correct. That's how we see it, too.
Mr. Sharnsky: Any questions or comments for Mr. Staten? [There was no response.] Thank you.
DEPARTMENT OF FINAIICE. MARK LUDWIG
Mr. Ludwig: Good evening, Mr. President, if it please Council. Other than my apologies for missing the Board of
Audit meeting to all the Board members, I have no report. I would stand and try to look humbly at my shoes to apologize,
but as you all know, I'd fail in that effort. I have no other report.
Mr. Sharnsky: Anything further for Mr. Ludwig? fThere was no response.] Thank you, sir.
DEPARTMENT OF FINAI\CE. JACOB KAUFMAN
Mr. Kaufman: Thank you, Mr. President and members of Council. In your mailboxes, you should have received the
monthly financial reports for the month of July 2022. If you have any questions, don't hesitate to reach out to the
departrnent. That concludes my report.
Mr. Sharnslry: Anything further for Mr. Kaufman? [There was no response.] Thank you.
DTVISION OF PARKS AI\D RECREATION. LAURIE BEISECKER
Mrs. Beisecker: Thank you, Mr. President and members of Council. I do not have a report tonight.
Mr. Sharnsky: Anything further for Mrs. Beisecker this evening? [There was no response.] Thank you. That concludes
the Report of City Officials. We'll now introduce our new legislation for reference to Committee.
Page 5 of 12
Fairlawn City Council
August 15,2022
APPROVEDAS SUBMITTED
ITEM 7: INTRODUCTION OF ITIEW LEGISLATION FOR REFERENCE TO COMMITTEE
Ordinance 2022-052 Offered bv Mavor Roth
AN ORDINANCE AUTHORIZING THE CREATION OF THE ONEOHTO OpIOrp SETTLEMENT FUNp (#230) IN
ACCORDANCE \VITH SECTION 5705.09(F) OF Tlm OHIO REVISED CODE ANp DECLARING AN EMERGENCY
Introduce this into the Finance Committee
Ordinance 2022-053
AN ORDINANCE AUTHORIZING VARIOUS APPROPRIATIONS
Introduce this into the Finance Committee
Offered bv Mavor Roth
Ordinance 2022-054 Offered bv Mavor Roth
AN ORDINANCE AMENDING AND/OR SUPPLEMENTING CHAPTER 674 "WEEDS". PART SIX "GENERAL OFFENSES
CODE" OF THE CITY OF FAIRLAWN CODIFIED ORDINANCES
Introduce this into the Committee of the Whole
ITEM 8: PUBLIC HEARINGS
Mr. Sharnslry: That brings us to Item 8, which is our Public Hearings. We have none scheduled for this evening, so
we'll continue with our Committee reports beginning with the Committee of the Whole.
ITEM 9: COMMITTEE REPORTS ON ITTEW OR PEITIDING LEGISLATION
COMIVtrTTEE OF'THE WI{OLE CHAIR. RUSSELL SHARNSKY
Ordinance 2022-033 Olfered by Mayor Roth
ANORDINANCE AUTHORIZING THE MAYORTO E)(ECUTE ACOOPERATIVE AGREEMENT BETWEENTHE CITYOF FAIRLAWNANDTHE CITY
OFAKRON
Ordinance 2022-036A Offered by Mayor Roth
AN ORDINANCE CREATING SECTION 672.13 "PERMITTED CONSUMER USE OF FIREWORKS; PROHIBITIONS," AND AMENDING AND/OR
SUPPLEMENTING SECTION 672.t2(d\ OF CHAPTER 672 "WEAPONS AND DGLOSIVES;" PART SIX'GENERAL OFFENSES CODE" OF THE CITY
OFFAIRLAWN
Ordinance2022442 Offered by Mayor RothAN ORDINANCE AMENDING AND/OR SUPPLEMENTING OF CHAPTER 29I .RESIDENTIAL HOUSING ASSISTANCE BOARD,,; TITLE TEN
PART TWO'ADMIMSTRATION" OF THE
Ordinance 2022-054 Offered by Mayor Roth
AN ORDINANCE AMENDING AND/OR SUPPLEMENTING CHAPTER 674 *WEEDS", PART SIX *GENERAL OFFENSES CODE- OF THE CITY OF
* r( tr t! rr * * * * rr * * ?t ?t * ?t ?t ?t ?t * * * * rr :l :l tr tr * :l r( rt tr rt
Mr. Sharnslry: Will the Clerk please read Ordinance2022-033 by title only as a refresher?
Mrs. Caldwell read Ordinance 2022-033 by title only.
Page 6 of12
Fairlawn City Council
August 15,2022
Expiration Date
uB+lAezz
10t29/2022
Public Hearing
N/A
Accepted
05/0a2022
ls Reading
05/02/2022
2d Reading
051t6/2022
3d Reading
06/06/2022
Hold
07/18/2022
Pass
Expiration Date
gv3+t2gg4
t0/29/2022
Public Hearing
N/A
Accepted
05t02/2022
ls Reading
05102/2022
2d Reading
05/16/2022
3d Reading
06/06/2022
Hold
06/27/2022
Pass
Expiration Date
09/04t2022
Public Hearing
N/A
Accepted
06t06/2022
1$ Reading
06106/2022
2d Reading
07n8/2022
3d Reading Hold Pass
Expiration Date
tln3/2022
Public Hearing
N/A
Accepted l$ Reading 2d Reading 3d Reading Hold Pass
APPROVED AS SUBMITTED
Mr. Sharnslry: Council members have at your seats this evening the agreement for this project. Are there any questions
or comments from members of Council? [There was no response.] Hearing none,I would ask the Clerk to please call
the roll on Ordinance2022-033.
Mrs. Caldwell: VOTE ON ORDINANCE2022-033: Detorakis, yea; Baum, yea; Sharnsky, yea; Gentile, yea; Potts,
yea; Stock, yea; Brillhart, yea. Seven yea on the passage of Ordinance2022-033.
**rrrr:l *****:t** * ******?t*!t***rrrrrrrr *** *
Mr. Sharnsky: Will the Clerk please read Ordinance2022-036A by title only as a refresher?
Mrs. Caldwell read Ordinance 2022-036Aby title only.
Mr. Sharnsky: I believe all of Council has received a strike-out version and a clean copy at your seats this evening that
has been amended to Ordinance 2022-036A8. It's the consensus that we came to from our last Committee of the Whole
meeting. I would ask Council for a motion to amend Ordinance 2022-036Ato Ordinance2022-036A8.
Mr. Sharnsky: Mrs. Baum made a MOTION to amend Ordinance 2022-036Ato Ordinance2022-036AB; Mrs. Potts
the second.
Mr. Sharnsky: Would the Clerk please call the roll on the amendment of Ordinance2022-0364 to 2022-036A8?
Mrs. Caldwell: VOTE ON AMEI\DING ORDINANCB 2022-036A TO ORDINAI{CE 2022-036A8: Baum, yea;
Detorakis, yea; Brillhart, yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea. Seven yea on the amendment of
Ordinance 2022-036A to Ordinan ce 2022-036A8.
Mr. Sharnsky: Mr. Nace, do we read the title now that this has changed? There's nothing in the title that has changed
in this Ordinance.
Mr. Nace: Well, we did change the title so I think it probably would be a good idea to have the title read just for the
record.
Mr. Sharnslcy: Will the Clerk please read Ordinance2022-0364'8 by title only?
Mrs. Caldwell read Ordinance 2022-036A8 bytitle only
Mr. Sharnsky: Do we have to accept this? It's already been accepted, but with the amendment, we don't have to accept
it again?
Mr. Nace: No. We've had a number of readings and it's been accepted previously. With the amendment, obviously it
does change a little, but it's still the same subject matter that we initially had.
Mr. Sharnslry: Are there any questions or comments from members of Council? [There was no response.] Hearing
none, I would ask the Clerk to please call the roll on Ordinance 2022-036A8.
Mrs. Caldwell: VOTE ON ORDINAI\ICB2022-036A8: Detorakis, yea; Brillhart, yea; Stock, nay; Potts, yea; Gentile,
yea; Sharnsky, yea; Baum, yea. Six yea, one nay on the passage of Ordinance2022-0361t8.
***r! *:t* ***?t?t?k?t!trr ?t **r! *r(*:t*:t!t**rrrr:trr !t
Mr. Sharnsky: Will the Clerk please read Ordinance2022-042 by title only for the third time?
PageT of12
Fairlawn City Council
August 15,2022
APPROVED AS SUBMITTED
Mrs. Caldwell read Ordinance 2022-042 by title only.
Mr. Sharnsky: Mr. Mayor?
Mayor Roth: The Law Director would like to talk about this.
Mr. Nace: It's my understanding that Council would like to hold this and perhaps consult with the Board itself or see
what the Board's view was on this matter. I would like to point out that the expiration date on this one is September 4th,
which will fall before our next meeting, so we would need to extend this Ordinance to hold it in Committee.
Mr. Sharnsky: Another 60 days?
Mayor Roth: I would do 90.
Mrs. Baum: October 1lft is our meeting right now. Right, Summer?
Mr. Nace: I think the Mayor is right. I think 90 days on this one, maybe.
Mayor Roth: Give yourself some time.
Mr. Nace: Yes, give us some time because we may need to make some changes based on what the Board comes back
with.
Mr. Sharnslcy: I'd entertain a motion to extend the expiration date for Ordinance2022-042 by 90 days from the current
expiration date.
Mr. Sharnslry: Mrs. Baum made a MOTION to extend the expiration date; Mr. Brillhart the second.
Mr. Sharnslqy: Will the Clerk please call the roll on the motion to extend the expiration date for Ordinance 2022-042?
Mrs. Caldwell: VOTE ON EXTENSION OF THE EXPIRATION DATE FOR ORDINANCE2022-042: Brillhart,
yea; Stock, yea; Potts, yea; Gentile, yea; Sharnsky, yea; Baum, yea; Detorakis, yea. Seven yea on the extension of the
expiration date for Ordinance 2022-042 by 90 days.
Mr. Sharnslry: Are there any questions or comments at this time on this Ordinance? [There was no response.] We
will hold this in Committee.
,r ?t:k rt ?k rt * ?t :l ?t ?t ?t rt tr tr ,! tr t! ,r ?t ,r ?t:t :t ?t ?t ?t tr ?t t( t( tr tr ,(
Mr. Sharnsky: Will the Clerk please read Ordinance2022-054 by title only for the first time?
Mrs. Caldwell read Ordinance 2022-054 by title only.
Mr. Sharnsky: Is there a motion to accept?
Mr. Sharnsky: Mr. Stock made a MOTION to accept; Mr. Detorakis the second.
Mr. Sharnsky: Comments, Mr. Mayor?
Mayor Roth: This is the first reading only, so I'd ask you to keep it in Committee. This Ordinance reflects the changing
times in the world of vegetation, so I'd ask you to hold this in Committee for further discussion.
Page 8 of 12
Fairlawn City Council
August 15,2022
APPROVED AS SUBMITTED
Mr. Sharnslqy: Are there any comments from members of Council at this time? fThere was no response.] Hearing
none, we will hold this in Committee.
As historically we've done during our summer session, there's really no need to have a Committee ofthe Whole meeting.
Just keep in mind that our next regular meeting is the day after Labor Day. Tuesday, September 6ff. September already.
FINAI\CE COMMITTEE CHAIR BARBARA POTTS
Ordinance 2022-052 Offered by Mayor Roth
AN ORDINANCE AUTHORZING THE CREATION OF THE ONEOHIO OPIOID SETTLEMENT FUND (#230) IN ACCORDANCE WITH SECTION
OF THE
Ordinance 2022-053 Offered by Mayor Roth
Expiration Date
tt/1312022
Public Hearing
N/A
Accepted ln Reading 2d Reading 3d Reading PassHold
Expiration Date
tt/1312022
Public Hearing
N/A
Accepted 1$ Reading 2d Reading 3'd Reading Hold Pass
ANORDINANCE
Mrs. Potts: Will the Clerk please read Ordinance 2022-052 by title only for the first time?
Mrs. Caldwell read Ordinance 2022-052 by title only
Mr. Sharnsky: Is there a motion to accept?
Mr. Sharnsky: Mr. Stock made a MOTION to accept; Mr. Brillhart the second
Mrs. Potts: Mr. Law Director?
Mr. Nace: As youore aware, we've been involved in the opioid litigation for a while. We had a lawsuit, or still have a
lawsuit that we're a part ol but there have been some settlements that were reached. Somewhat to my surprise, we've
already received some settlement funds. We received from the Giant Eagle settlement, and one of the first payments on
the big three distributors settlement. The Ohio Auditor, I suppose, had recommended that we have a second fund.
Perhaps Mr. Kaufman can explain that part of it beffer than I can, but since we've already received the funds, there is
some urgency here that we get them to where they need to be, and then we'll be able to comply with State law on this.
Mr. Kaufman: That is correct. The Ohio Auditor of State's office has issued a bulletin regarding this OneOhio MOU.
They recommend that we establish a separate fund for the money so we can ensure that it is used for the allowable
purposes in the MOU, which is consistent with the Ohio Revised Code section referenced in the title of this legislation.
As the Law Director said, we were a little caught off guard by this initial settlement payment. We knew this was
something we needed to do this fall but didn't think that settlement proceeds would be coming in this quickly, so we're
a little behind the eight-ball here. That is why this piece of legislation does have an emergency clause attached to it, so
we can get the fund established and reclassiS' the $5,836.64 that we've received.
Mayor Roth: The good news is that it's a small amount. Fortunately, Fairlawn compared to a lot of other cities, the
way it's calculated in the settlements, it's a serious issue, but those other cities were harder hit. It would be nice if we
could pass this tonight because then we can keep the money without the Auditor yelling at us for it not being in the right
spot.
Mr. Sharnsky: I also believe that this money has a very specific use. We're very limited in what we can use these
funds for.
Page 9 of 12
Fairlawn City Council
August 15,2022
APPROVEDAS SUBMITTED
Mayor Roth: It does. That's why they want a separate fund for it. The good news is we have the monies as quickly as
we did. There should be more coming.
Mrs. Potts: I'd make the motion to suspend the three-reading rule.
Mr. Sharnsky: Mrs. Potts made a MOTION to suspend the three-reading rule; Mr. Detorakis the second.
Mr. Sharnsky: Would the Clerk please call the roll on suspension of the three-reading rule for Ordinance 2022-052?
Mrs. Caldwell: VOTE ON SUSPENSION OF THE THREE-READING RULE FOR ORDINAIICE 2022-0522
Stock, yea; Brillhart, yea; Detorakis, yea; Baum, yea; Sharnsky, yea; Gentile, yea; Potts, yea. Seven yea on the
suspension of the three-reading rule for Ordinance2022-052.
Mrs. Potts: Would the Clerk please call the roll on Ordinance 2022-052?
Mrs. Caldwell: VOTE ON ORDINAI\CB2022-052: Sharnsky, yea; Gentile,yea; Potts, yea; Stock, yea; Brillhart,
yea; Detorakis, yea; Baum, yea. Seven yea on the passage of Ordinance2022-052.
Mrs. Potts: Will the Clerk please read Ordinance 2022-053 by title only for the first time?
Mrs. Caldwell read Ordinance 2022-053 by title only.
Mr. Sharnsky: Is there a motion to accept?
Mr. Sharnsky: Mrs. Baum made a MOTION to accept; Mr. Gentile the second.
Mrs. Potts: Mr. Kaufrnan, would you tell us what we need?
Mr. Kaufman: Sure. This is something we usually do about every year around this time. We have reached out to
Department Heads to see what appropriation changes they may need to get through the rest of the year. We're compiling
a list of those, and we look forward to discussing it with you at a future Committee of the Whole meeting. Probably the
first meeting in September.
Mrs. Potts: Thank you. That concludes the Finance Committee report.
Mr. Stock Good evening. Municipal Services Committee has no report this evening.
PUBLIC AFFAIRS COMI\{ITTEE CHAIR. KATHLEEN BATIM
Mrs. Baum: Public Affairs has no report this evening.
SAFETY COMMITTEE CHAIR. I\ICIIAEL DETORAKIS
Ordinance 2022-044 Offered by Mayor Roth
AN ORDINANCE AMENDING AND/OR SUPPLEMENTING SECTION 408.04 "TRAFFIC WAIVER SYSTEM'OF CFIAPTER 408 *PENALTIES" OF THE
Page l0 of 12
Fairlawn City Council
August 15,2022
Expiration Date
09104/2022
Public Hearing
N/A
Accepted
06/06t2022
1$ Reading
06/06/242
2mReading
07/18/2022
3d Reading Hold Pass
APPROVEDAS SUBMITTED
*!t:t*!t*********** ** **rr!t:t:t* * trrr * * ?trr rt*
Mr. Detorakis: Good evening. Will the Clerk please read Ordinance 2022-044 by title only for the third time?
Mrs. Caldwell read Ordinance 2022-044 by title only.
Mr. Detorakis: Comments, Mayor Roth?
Mayor Roth: This is the third reading. I think we've had plenty of time to look it over. The amendments are minimal,
so unless Council has any questions, I would ask that this be voted on tonight.
Mr. Detorakis: If there are no further questions, I'd call the question.
Mr. Sharnsky: Would the Clerk please call the roll on Ordinance 2022-044?
Mrs. Caldwell: VOTE ON ORDINANCE 2022-044: Potts, yea; Stock, yea; Brillhart, yea; Detorakis, yea; Baum,
yea; Sharnsky,yea; Gentile, yea. Seven yea on the passage of Ordinance2022-044.
Mr. Detorakis: That does conclude the Safety Committee report.
INTERGOVERNMENTAL AFFAIRS COMMITTEE CIIAIR. JOSEPII GENTILE
Mr. Gentile: Intergovernmental Affairs has no report tonight.
PLAI\IIING COMMITTEE CHAIR" PHILIP BRILLTIART
Ordinance 2022-051 Offered by Mayor Roth
Au onorNaNcE AppRovING TIIE REZoNING oF AppRo)cMATELy 5.48 AcREs oF REAL pRopERTy LoCATED oN FAIRLAWN coRpoRATE
PARKWAY (NEWLY CREATED PARCEL 9 FROM PARCEL #O9O27OO) FROM THE B4 OFFICE PARK/RESEARCH DISTRICT TO THE M-l MUNICIPAL
:t * rr rr r! * :l rl :t :l rr * * * * * * * * * * ?t * * * tr * * * ?t * * * *
Mr. Brillhart: Will the Clerk read Ordinance 2022-051for the second time by title only?
Mrs. Caldwell read Ordinance 2022-051by title only.
Mr. Brillhart: We have a public hearing scheduled for this Ordinance on September 6,2022. Mr. President, I'd like
to continue to hold this in Committee. That concludes the report of the Planning Committee.
Mr. Sharnsky: That brings us to Items Ten and Eleven, Other Business and Adjournment. Is there any other business
to come before Council this evening? [There was no response.]
ITEM 11: ADJOURNMENT
Mr. Sharnsky: Hearing none, I would entertain a motion to adjourn.
Page 1l of12
Fairlawn City Council
August 15,2022
lllul
Expiration Date
t0/r6/2022
Public Hearing
09t06t2022
Accepted
07/18/2022
ls Reading
07/18/2022
2tr Reading 3d Reading Hold Pass
APPROVEDAS SUBMITTED
Mr. Stock made a MOTION to adjoum; Mrs. Baum the second. Everyone voted in favor. The meeting adjourned at
7:02pm.
The next regular meeting of Council will be on September 6,2022 at 6:30 pm.
These are the official minutes of the Fairlawn Citv Council(o'$*day of amfornlxr,- 2022
meeting held on August 15,2022 and
by Fairlawn City Council on the
dor^-R Cnu^s,o0
Russell T. Sharnsky
PRESIDENT OF COUNCIL
Summer Owen
Recording Secretary
Tonja{. catdweiL MMe
CLERK OF COUNEIL,
Page 12 ofl2
Fairlawn City Council
August 15,2022