City Council
Regular MeetingCanton, OH · December 8, 2014
Minutes
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(RECORDER NOT ON AT THIS TIME)
PRESIDENT PRO TEM MORRIS: Good evening and welcome to Canton City Council. With a quorum being
present, the Chair calls this meeting of Canton City Council to Order. Roll call vote please, Madame Clerk.
ROLL CALL TAKEN BY CLERK TIMBERLAKE:
12 COUNCIL MEMBERS PRESENT: (FRANK MORRIS, CHRIS SMITH, JAMES BABCOCK, RICHARD
HART, GREG HAWK, WILLIAM SMUCKLER, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER,
DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK)
TWELVE COUNCIL MEMBERS PRESENT. (PRESIDENT SCHULMAN ABSENT)
CLERK TIMBERLAKE: Twelve yeas, Mr. President.
EXCUSING MEMBERS
PRESIDENT PRO TEM MORRIS: Thank you. Leader.
MEMBER SMITH: Mr. President I move we excuse President Schulman from tonight’s meeting.
MEMBER BABCOCK: Second.
PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to excuse President Schulman from
tonight’s meeting. Any remarks?
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
CLERK TIMBERLAKE: Twelve yeas, Mr. President.
PRESIDENT PRO TEM MORRIS: Thank you. The motion carries and President Schulman is excused from
this evening’s meeting. Tonight’s invocation will be given by myself. Please stand and remain standing for
our Pledge of Allegiance.
The regular meeting of Canton City Council was held on December 8, 2014 at 7:30 P.M. in the Canton City
Council Chamber. The roll call was taken (see above) by Clerk of Council Cynthia Timberlake. The invocation
was given by President Pro Tem Frank Morris. The Pledge of Allegiance was led by President Pro Tem Morris.
AGENDA CORRECTIONS & CHANGES
PRESIDENT PRO TEM MORRIS: We’re now turn to Agenda Corrections and Changes, and we have none
at this time.
PUBLIC HEARINGS
PRESIDENT PRO TEM MORRIS: We are under Public Hearings and we have none scheduled this evening.
OLD BUSINESS
PRESIDENT PRO TEM MORRIS: We’re under Old Business and I’ve been told by our Deputy Mayor that
there is no Old Business tonight.
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(RECORDER TURNED ON AT THIS TIME)
PUBLIC SPEAKS
PRESIDENT PRO TEM MORRIS: Now turning to Public Speaks. We have 2 speakers tonight. Our first
speaker is Toby Franks. Mr. Franks, welcome to Canton City Council. Could you please state your name and
current address for the record?
TOBY FRANKS: Yes sir, I will. Thank you Mr. Morris and thank you, Canton City Council. Toby Franks,
401 Ohio Blvd., Louisville, 44641. Again, thank you for the opportunity to speak. In years past, the City of
Canton has spent thousands of dollars, actually, tens of thousands of dollars to eradicate, exterminate stray,
feral, and free-roaming cats. Thankfully those days are behind us and we’re able to move forward from there.
I’m very encouraged that the City of Canton has chosen to exclude cats from any future animal control
endeavors. I think this is a small step in the big picture, but it’s a big step for the City of Canton because it
brings Canton closer to what other communities are doing with their...how they’re addressing their feral cat
issues. Now I challenge the City of Canton to take the next step. To allocate funds in next year’s budget to
help Canton residents pay for spays and neuters for stray, feral and free-roaming cats. There are many
individuals performing TNR all over the city of Canton. Many of small groups all over the City performing
TNR in their neighborhoods, their back yards, their city parks, the places where they work. I think the
conversation has graduated from...we know TNR works, we know nothing else does, so now is the time for
the City to step up and help these individuals. This could be a fund that’s set up at One-Of-A-Kind Pet Spay
and Neuter Clinic. We have many of these types of funds set up for various different Municipalities and
Cities. The city of Barberton is a good example. We have a voucher program with the Stark County
Commissioners for dogs. So, we don’t need to reinvent the wheel, we just need to get on board with it. This
is something that I would be happy to do the legwork on, at no cost. I would also be happy to make myself
available no cost to Canton City Council and the city residents, to help these individuals get started with TNR
Programs in their communities. There are numerous examples of how TNR is working across the nation and
right here in Northeast Ohio. The city of Cleveland is a good example. Cleveland is embarking on a citywide
TNR Program in early 2015. Now is the time to take this step, begin to enjoy the benefits of population
control. We still have to control the population of stray cats. Now you can enjoy the benefits of population
control, but also the sense of goodwill that TNR creates in the community. Thank you. (Applause).
PRESIDENT PRO TEM MORRIS: Thank you Mr. Franks. Next up, Mr. James Parker. Welcome.
JAMES PARKER: Thank you. Good evening, Council Leader Morris. Concerning an amphitheater, stage,
etc. up on the Kresge lot, I take it you’re going heavily from the CZB Report that was issued. So, the CZB
Report says to model after Sante Fe, New Mexico. Had they written this last year, it would say model after
Brooklyn, New York or whatever trendy place is now the hotspot, which Brooklyn is. That’s because
everybody else isn’t Canton, Ohio. See, what the CZB Report plan does emphasize, is that consumers,
citizens of this city are craving authenticity. Please study this, don’t just (Inaudible) through it. So, we need
to send clear signals that we are unique to Akron’s Lock 3, or anyone else for that matter, so we don’t have
people showing up there with more tattoos than teeth, as in the paper. If it would please Council President
Schulman, I’d like...er, Council Leader Morris, I’d like to remind Council and City Planners to keep in mind
“The Eleven”, an Arts in Stark Project of the greatest eleven football moments. One of which is the re-
integration of the NFL, of which Canton’s own Marion Motley was integral to that game. Is anyone
considering the Kresge lot site to represent that momentous occasion with a proper place? Why not claim it
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now by proclaiming it Marion Motley Field? I believe that a report says that it needs a redo, a name change,
complete with scaled down, removable goal posts and blocking sleds hashed out at half size scale. The CZB
Report also says to remove the asphalt parking from in front of the Arcadia Grille. So, why not place said
amphitheater, stage, or whatever, there and allow for a great place to commemorate the re-integration of the
league while celebrating the excellence of Hall of Famer and Canton native, Marion Motley. For instance,
Hall of Fame Field, the Tom Benson Stadium, your stage or amphitheater could carry whatever label you
wish, while sending a message. The trailblazers, like Marion Motley, who forged minority rights in the NFL,
are truly honored and that we really do celebrate this excellence, here and everywhere. Think of the “off-
Broadway” effect, it’s also called the comparative affordability effect in college talk. It means that when
you’re looking at the Hall of Fame Village, and linking it downtown, you at least shoot for the spillover. You
don’t have to cannibalize the whole thing, but you want to be your own self image, your own history. Let’s
not end up with a bad attempt at vanilla suburbia. Page 19 of the CZB Report, edges or parallels should
reference important aspects of local history and communicate a festive sense of arrival. Elements should be
functional and symbolic, dignified. Let’s be an antidote to the suburbs. Already, David Buell, of Canton
Brewery, has expressed serious interest in branding certain beers around our NFL roots. Like a Bulldog Beer,
or a Hopmobile instead of a Hupmobile, for example. Also, the owners of the Renkert Building, Becka
Kasapis, Jim (Inaudible), have they been consulted since the CZB Report recommends that the Renkert
Building be the directional valet and the North star of the city of Canton. Thank you very much.
PRESIDENT PRO TEM MORRIS: Thank you. (Applause). Alright. That concludes Public Speaks. Before
we go any further, I’d like the Boy Scout Troup in the audience to stand up. Somebody tell me, what Pact you
guys are with?
PACT LEADER: We’re with Troup (Inaudible) of Canton, Ohio. (Inaudible). (Applause).
PRESIDENT PRO TEM MORRIS: Welcome to Canton City Council. (Inaudible). What school? We have
some students here for their government class? Go ahead, stand up. What school are you with?
STUDENTS: Jackson.
PRESIDENT PRO TEM MORRIS: Jackson? (Applause). Thank you. That’s a good way to embarrass them.
(Laughter). Okay...
INFORMAL RESOLUTIONS
PRESIDENT PRO TEM MORRIS: We’re now under Communications...oh, Informal Resolutions. We have
none scheduled for this evening.
COMMUNICATIONS
PRESIDENT PRO TEM MORRIS: 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
DECEMBER 8, 2014.
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508. AUDITOR MALLONN: MTHLY REPORT BY FUND FOR 11/01/14 THRU 11/26/14. - RECEIVED
& FILED
509. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 01/01/14 THRU 11/26/14. - RECEIVED
& FILED
510. CLERK TIMBERLAKE: (2) OBJECTIONS TO 2015 LIQUOR PERMIT RENEWALS. - RECEIVED
& FILED
511. COMM DEV DIR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP &
AUTHORIZE DISPOSITION OF SAID PROP (PARCEL 02-01946 AND PART OF LOT #20243
LOCATED ON NICHOLAS PLACE NW) (SALVADORE F. CEDILLO). - COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE. - WITHDRAWN
512. COMM DEV DIR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP &
AUTHORIZE DISPOSITION OF SAID PROP (PARCEL 02-01946 AND PART OF LOT #20243
LOCATED ON NICHOLAS PLACE NW) (JAMES A. & HEATHER K. PARSONS). -
COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE
513. CNCL-AT-LRG HART: DEV LOT ADOPTION PROGRAM FOR CITY RESIDENTS. -
RECEIVED & FILED
514. DEPT. OF COMMERCE: OBJ OVERRULED ON TRANSFER OF LOCATION APPLICATION
FOR HARMONT QUICK STOP, LLC DBA HARMONT QUICK STOP. - RECEIVED & FILED
515. FINANCE DIRECTOR DIRUZZA: AMEND APPROP O#264/2013 ALLOWING CITY
DEPARTMENTS TO MEET PAYROLL AND/OR OTHER OBLIGATIONS IN 2014. - FINANCE
COMMITTEE
516. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DIR TO PREPARE ORDINANCE
APPROVING, ADOPTING AND ENACTING AMENDED CODIFIED ORDINANCES OF CITY
OF CANTON; AUTHORIZE LAW DIRECTOR TO PREPARE RESOLUTION TO DISTRIBUTE,
FREE OF CHARGE, TO PUBLIC OFFICIALS AND PUBLIC INSTITUTIONS, COPIES OF
CODIFIED ORDINANCES, AND AFFIX PRICE OF $100.00 FOR UNBOUND VERSIONS OF
UPDATED CODIFIED ORDINANCES TO PRIVATE HOLDERS OF CANTON CITY CODE.-
JUDICIARY COMMITTEE
517. LIQUOR CONTROL DIVISION: REQ C1 NEW PERMIT FOR LA ABEJA REYNA LLC DBA LA
ABEJA MEXICAN STORE @ 1119 12TH ST NW. - RECEIVED & FILED
518. MAYOR HEALY: AUTHORIZE ALL APPOINTING AUTHORITIES TO GRANT ALL MGMT
AND NON-BARGAINING UNIT EMPLOYEES UP TO 2% WAGE INCREASE, EFFECTIVE
1/1/15; AUTHORIZE AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS. -
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PERSONNEL & FINANCE COMMITTEES
519. SAFETY DIRECTOR PERRY: REQ APPRVL TO ACCEPT FM GLOBAL FIRE PREVENTION
GRANT IN AMT OF $2,131.00 TO PURCH HYDROCARBON DETECTOR AND
RECHARGEABLE LANTERN. - FINANCE COMMITTEE
520. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO
ADVERTISE, RECEIVE BIDS, AWARD, AND ENTER INTO CONTRACTS PURSUANT TO
CODIFIED ORDINANCE SECTION 105.09 FOR PURCH OF SUPPLY EQUIP, ITEMS,
MATERIALS, SUPPLIES, AND SERV; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO
ENTER INTO PROF SERV CONTRACT PURSUANT TO CODIFIED ORDINANCE SECTION
105.10 FOR APPLICABLE PROF SERV; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR
TO ENTER INTO AND UTILIZE COOP PURCH AGMTS PURSUANT TO CODIFIED
ORDINANCE SECTION 105.11 FOR PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS,
SUPPLIES, AND SERV; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO
CONTRACTS PURSUANT TO ORC SECTION 735.05 WITH QUALIFIED NONPROFIT
AGENCIES AS DEFINED BY SECTIONS 4115.31 TO 4115.35 OF REVISED CODE FOR PURCH
OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES, AND SERV; AUTHORIZE CONTRACTS
TO BE MULTIPLE YEAR CONTRACTS WHERE REQ OR BENEFICIAL; AUTHORIZE
AUDITOR TO DRAW WARRANTS UPON RECEIPT OF VOUCHERS (2015 SUPPLY LIST). -
FINANCE COMMITTEE
521. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO
LEASE AGMT WITH CANTON COMMUNITY IMPROVEMENT CORPORATION FOR CITY-
OWNED REAL PROPERTY CURRENTLY USED AT CANTON WRF (KUBOTA). - PUBLIC
PROPERTY CAPITAL IMPROVEMENT COMMITTEE
522. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 11/27/14. - RECEIVED & FILED
ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING
PRESIDENT PRO TEM MORRIS: Turning now to First Readings Ordinances and Formal Resolutions for the
First Reading. Madame Clerk would you please begin with Ordinance 1.
NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ
ORDINANCES #1 THROUGH #5 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE
LAW, AS FOLLOWS:
(COUNCIL RECESSED AT 7:44 PM FOR THE FINANCE COMMITTEE TO DISCUSS ORDINANCE
#1; RECONVENED AT 7:45 PM)
#1. (1ST RDG) ADOPTED AS ORDINANCE NO. 259/2014 AN ORDINANCE AUTHORIZING
THE SETTLEMENT OF LITIGATION FILED AGAINST THE CITY OF CANTON
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BY ELEVEN (11) FORMER EMPLOYEES; AND DECLARING THE SAME TO BE
AN EMERGENCY (RETIRE/REHIRE)
Referred to Finance Committee
PRESIDENT PRO TEM MORRIS: (Inaudible). Yes...right...okay...at this time the chair will declare an in
house recess for the Finance Committee to meet regarding Ordinance #1 on the agenda for this evening.
You’re now in recess. Thank you Mr. Chairman.
PRESIDENT PRO TEM MORRIS: Okay, Council is reconvening after the recess, Leader.
MEMBER SMITH: Mr. President, I move we suspend Rule 22A to place Ordinance #1 on this evening’s
agenda.
MEMBER BABCOCK: Second.
PRESIDENT PRO TEM MORRIS: Thank you. It’s been moved and seconded to Suspend Rule 22A to place
Ordinance #1 back on this evening’s agenda. Any remarks? Hearing none Madame Clerk roll call vote please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS, 1 ABSTAIN
(MEMBER MACK ABSTAINED)
CLERK TIMBERLAKE: Eleven yeas, 1 abstain, Mr. President.
PRESIDENT PRO TEM MORRIS: Ordinance #1 is a legal part of your agenda. Leader.
MEMBER SMITH: Mr. President, I move we suspend the Statutory Rules on Ordinance #1.
MEMBER BABCOCK: Second.
PRESIDENT PRO TEM MORRIS: It’s been moved and seconded to suspend the Statutory Rules on Ordinance
#1. Any remarks? Hearing none, Madame Clerk, again roll call vote please.
NO REMARKS ROLL CALL 11 YEAS, 0 NAYS, 1 ABSTAIN
(MEMBER MACK ABSTAINED)
CLERK TIMBERLAKE: Eleven yeas, 1 abstain, Mr. President.
PRESIDENT PRO TEM MORRIS: You’ve heard the three readings, Leader.
MEMBER SMITH: Mr. President, I move we adopt Ordinance #1.
MEMBER BABCOCK: Second.
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PRESIDENT PRO TEM MORRIS: It’s been moved and seconded that you adopt Ordinance #1. Any remarks
under this Ordinance? Hearing none, Madame Clerk roll call vote please.
NO REMARKS ROLL CALL 10 YEAS, 1 NAY, 1 ABSTAIN
(MEMBER MORRIS VOTED NAY, MEMBER MACK ABSTAINED)
CLERK TIMBERLAKE: Ten yeas, 1 nay, and 1 abstain, Mr. President.
#1 ADOPTED AS ORDINANCE NO. 259/2014
PRESIDENT PRO TEM MORRIS: Ordinance #1 has been adopted. Ordinance #2.
#2. (1ST RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTOR OF PUBLIC
SERVICE TO ENTER INTO AN ENTERPRISE ZONE AGREEMENT WITH THE
HISTORIC ONESTO, LLC TO PROVIDE A REAL PROPERTY TAX
EXEMPTION; AUTHORIZING THE AUDITOR TO MAKE PAYMENTS TO THE
CANTON CITY SCHOOLS BOARD OF EDUCATION AS REQUIRED TO BE
PAID PURSUANT TO SECTION 5709.82(C) OF THE REVISED CODE; AND
DECLARING THE SAME TO BE AN EMERGENCY
Referred to Community & Economic Development Committee
#3. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SERVICE TO
ENTER INTO A GRANT AGREEMENT IN AN AMOUNT NOT TO EXCEED
$5,000,000.00 WITH THE PRO FOOTBALL HALL OF FAME, INC. IN ORDER TO
PROVIDE GAP FINANCING TO THE PRO FOOTBALL HALL OF FAME, INC.
“HALL OF FAME VILLAGE PROJECT”; AUTHORIZING THE ISSUANCE OF A
REVENUE BOND ANTICIPATION NOTE; AMENDING SECTION 181.14(c) OF
THE CODIFIED ORDINANCES; ESTABLISHING THE 1154 PRO FOOTBALL
HALL OF FAME VILLAGE FUND; AND DECLARING THE SAME TO BE AN
EMERGENCY
Referred to Community & Economic Development Committee
#4. (1ST RDG) AN ORDINANCE AUTHORIZING THE CITY AUDITOR TO PAY AN AMOUNT
NOT TO EXCEED $14,175.55 TO RELATED PARTIES FOR WORK
PERFORMED AS PART OF THE NEIGHBORHOOD INITIATIVE PROGRAM;
AND DECLARING THE SAME TO BE AN EMERGENCY (PHILLIP SCHANDEL
- $5,600.00, HERITAGE UNION TITLE - $2,200.00, THE PRESS NEWS -
$4,775.55, MOORE TITLE - $1,600.00)
Referred to Community & Economic Development Committee
#5. (1ST RDG) AN ORDINANCE ADOPTING APPROPRIATIONS FOR THE OPERATING AND
CAPITAL EXPENDITURES OF THE CITY OF CANTON, OHIO FOR FISCAL
YEAR 2015; AND DECLARING THE SAME TO BE AN EMERGENCY
Referred to Finance Committee
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ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING
PRESIDENT PRO TEM MORRIS: Turning now to Ordinances and Formal Resolutions for the Second
Reading. Madame Clerk would you please begin with Ordinance #6.
NOTE: PRESIDENT PRO TEM MORRIS CALLED UPON CLERK TIMBERLAKE TO READ
ORDINANCES #6, #8 THROUGH #11; ORDINANCE #7 IS RETAINED IN COMMITTEE, FOR THEIR
SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS
#6. (2ND RDG) AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013;
AND DECLARING THE SAME TO BE AN EMERGENCY ($400,000.00 SUPP
APPROP FROM UNAPPROP BAL OF 4509 RECREATION BOND TO 4509 506001
COMMUNITY DEVELOPMENT DEPT. - OTHER) (SPRAY PARK)
#7. (2ND RDG) RETAINED IN COMMITTEE AN ORDINANCE AUTHORIZING THE MAYOR OR
DIRECTOR OF PUBLIC SERVICE TO AMEND THE HYDRODEC N.A., INC.
ENTERPRISE ZONE AGREEMENT; AND DECLARING THE SAME TO BE AN
EMERGENCY
#8. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE;
DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR
REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE
IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR THE DANNER PRESS DEVELOPMENT PROJECT;
AND DECLARING THE SAME TO BE AN EMERGENCY
#9. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE;
DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR
REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE
IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR THE MCKINLEY GRAND DEVELOPMENT
PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY
#10. (2ND RDG) AN ORDINANCE DECLARING THE IMPROVEMENT OF CERTAIN REAL
PROPERTY LOCATED IN THE CITY OF CANTON TO BE A PUBLIC PURPOSE;
DECLARING A PORTION OF SUCH PROPERTY TO BE EXEMPT FROM REAL
PROPERTY TAXATION; COMPENSATING THE SCHOOL DISTRICT FOR
REVENUE NOT REALIZED; DESIGNATING INFRASTRUCTURE
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IMPROVEMENTS TO BE MADE THAT WILL BENEFIT SUCH PROPERTY;
REQUIRING ANNUAL SERVICE PAYMENTS IN LIEU OF TAXES;
ESTABLISHING A MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR THE 13TH ST. NE DEVELOPMENT PROJECT; AND
DECLARING THE SAME TO BE AN EMERGENCY
#11. (2ND RDG) AN ORDINANCE AUTHORIZING THE DISCHARGE OF THE DEMOLITION
LIEN, ASSESSMENTS, PENALTIES AND INTEREST ON THE PROPERTY
LOCATED AT 1409 - 17TH STREET N.E., AND DECLARING THE SAME TO BE
AN EMERGENCY
ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING
PRESIDENT PRO TEM MORRIS: We are now under Ordinances and Formal Resolutions for their Third,
Final Reading and Vote. We have no Third Readings this evening.
ANNOUNCEMENT OF COMMITTEE MEETINGS
PRESIDENT PRO TEM MORRIS: We now move to Announcements of Committee meetings.
MEMBER HAWK: Mr. President.
PRESIDENT PRO TEM MORRIS: Member Hawk.
MEMBER HAWK: Finance Committee will meet Wednesday December 15th at 6:15 p.m. We will be
discussing the budget at that time, so be prepared with questions or concerns about the Capital Improvement
and General Fund budgets.
PRESIDENT PRO TEM MORRIS: Thank you.
MEMBER SMITH: Mr. President, C&ED will meet also, at the same time. (Inaudible).
PRESIDENT PRO TEM MORRIS: Thank you Member Smith. Any other ones?
MISCELLANEOUS BUSINESS
PRESIDENT PRO TEM MORRIS: Okay. We are now under Miscellaneous Business. Is there any
miscellaneous business?
MEMBER BABCOCK: Mr. President.
PRESIDENT PRO TEM MORRIS: Member Babcock.
MEMBER BABCOCK: Thank you, good sir. Listen, I just want to send a congratulations out to my alma
mater that I graduated in 1979 from. Believe that or not. But, the Central Catholic Crusaders. They went on to
Columbus to play in the Division 5 Finals. They ran into a team that had 9 possessions and they scored every
time, letting you know that Central got beat. But they had a 14-0 season, they had a great season under Coach
Lindesmith, who this is his first year, and hopefully...you know they only get about 30 kids out for football,
luckily they didn’t have no injuries, but they had a great season. I just want to congratulate them. (Applause).
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PRESIDENT PRO TEM MORRIS: Member Griffin.
MEMBER GRIFFIN: Mr. President, I’d just like to remind everybody that this coming Friday, December 12th,
the Ex-Newsboys will be out soliciting for your donations. Our charity paper’s been printed. We’re ready to
go. Since 1960 we have given 3.5 million dollars worth of clothing to the children of Canton and Stark
County. Keep it quiet, you know what I mean. (Inaudible).
PRESIDENT PRO TEM MORRIS: Member Smith.
MEMBER SMITH: I’d like to say happy birthday to Mr. Zachary back there and thank you for all that you do.
Happy Birthday. (Applause).
PRESIDENT PRO TEM MORRIS: Law Director.
LAW DIRECTOR MARTUCCIO: Thank you Mr. President. Members of Council. To those of you visiting,
particularly the Scouts and the students, don’t be lulled into a false sense of quick meetings. Some of them are,
some of them aren’t. This is a fairly short meeting. Because most of the work gets done, this Council works
hard, in Committee meetings, which take place in advance of this meeting. They actually started the meeting at
6:15 this evening, to work through a lot of the details, a lot of the Ordinances, as they work their way through
the various readings. So, for your Civics lesson, please note that there were meetings in advance of this
meeting, where a lot of the work is done. Thank you for coming.
PRESIDENT PRO TEM MORRIS: Mayor Healy.
MAYOR HEALY: Thank you, Mr. President. Just wanted to alert this Council. If you have not heard, House
Bill 5 has passed the Senate and was sent over, back to the House for approval. It went to the House, they had
some changes in the Senate and sent it back. The implications are that this week, here in the next couple of
days, that they will finalize that, which means that House Bill 5 is a reality. We will be having conversations
with the Treasurer’s Office to figure out how to calculate how some of these things are actually going to impact
us, and when. The Bill does phase in some of these things. Some will go into effect within 90 days when the
Bill goes into effect. Others will not go into effect until 2016, but some of the projections on this were that we
could be impacted by half a million, or even up a million dollars, depending on how all these things play out.
So, we’re going to have to watch very closely 2015 - 2016 and beyond. We’ll be, again, impacted negatively
by the State Legislature in another shot at Municipalities by taking away local funds. We’ll have more
conversations about this, but that Bill is a reality. Thank you.
PRESIDENT PRO TEM MORRIS: Anyone else? Leader.
MEMBER SMITH: Mr. President, I move to adjourn.
MEMBER BABCOCK: Second.
PRESIDENT PRO TEM MORRIS: Roll call vote please.
NO REMARKS ROLL CALL 12 YEAS, 0 NAYS
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CLERK TIMBERLAKE: Twelve yeas Mr. President.
PRESIDENT PRO TEM MORRIS: Meeting adjourned. (Gavel falls)
ADJOURNMENT TIME: 7:57 P.M.
ATTEST: APPROVED:
CYNTHIA TIMBERLAKE FRANK MORRIS
CLERK OF COUNCIL PRESIDENT PRO TEM
Agenda
FINAL
AGENDA
CANTON CITY COUNCIL 7:30 PM DECEMBER 8, 2014
ROLL CALL: All Mem bers Present
M OTION TO EXCUSE M EM BERS: President Schulm an Absent
INVOCATION: Frank Morris, W ard 9 Council Mem ber
PLEDGE OF ALLEGIANCE: President Pro Tem Morris
AGENDA CORRECTIONS & CHANGES: (Suspended Rule 22A to add 1 st Rdg O#1; 2 nd Rdg O#6, O#8 - O#11; O#7 Retained
in Cm te; Com m #511 W ithdrawn; O#1 Adopted on 1 st Rdg)
PUBLIC HEARINGS: None
OLD BUSINESS (PUBLIC SPEAKS): None
PUBLIC SPEAKS (CITY BUSINESS): Toby Franks spoke about spay, neutering and cats through the TNR (Trap, Neuter,
Release) program that he is associated with. He challenged the City of Canton to allocate funds to pay for spaying and
neutering. He said that TNR works. Many funds have been set up in various Municipalities for TNR. He said that the Stark
County Com m issioners give out vouchers for their program . He also stated that he will m ake him self available, at no cost, to
help with the dog/cat population control. Jam es Parker spoke about putting an am phitheater or stage on the Kresge Lot. He
read several recom m endations from the CZB Report. He believes the City of Canton should be unique and not rem odel after
Sante Fe, N. Mexico, as suggested by the CZB Report. He says that Canton craves authenticity and thinks that Marion Motley
should be represented and honored with a “Motley Field”. He stated that the CZB Report suggests rem oving the asphalt
parking lot in front of the Arcadia Grill, which would m ake a nice place for the Motley “Field. He also thought that the Hall of
Fam e Village would be a great place for an am phitheater or stage because it would have an “off Broadway” effect. He thinks
that Canton should be the antidote to the suburbs. President Pro Tem Morris recognized Troup 75 and Jackson High School
students who were sitting in attendance for the Council m eeting.
INFORM AL RESOLUTIONS: None
COM M UNICATIONS:
508. AUDITOR MALLONN: MTHLY REPORT BY FUND FOR 11/01/14 THRU 11/26/14. -
RECEIVED & FILED
509. AUDITOR MALLONN: YRLY REPORT BY FUND FOR 01/01/14 THRU 11/26/14. -
RECEIVED & FILED
510. CLERK TIMBERLAKE: (2) OBJECTIONS TO 2015 LIQUOR PERMIT RENEW ALS. -
JUDICIARY COMMITTEE
511. COMM DEV DIR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP &
AUTHORIZE DISPOSITION OF SAID PROP (PARCEL 02-01946 AND
PART OF LOT #20243 LOCATED ON NICHOLAS PLACE NW )
(SALVADORE F. CEDILLO). - COMMUNITY & ECONOMIC
DEVELOPMENT COMMITTEE - W ITHDRAW N
512. COMM DEV DIR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP &
AUTHORIZE DISPOSITION OF SAID PROP (PARCEL 02-01946 AND
PART OF LOT #20243 LOCATED ON NICHOLAS PLACE NW )
(JAMES A. & HEATHER K. PARSONS). - COMMUNITY &
ECONOMIC DEVELOPMENT COMMITTEE
513. CNCL-AT-LRG HART: DEV LOT ADOPTION PROGRAM FOR CITY RESIDENTS. -
RECEIVED & FILED
514. DEPT. OF COMMERCE: OBJ OVERRULED ON TRANSFER OF LOCATION APPLICATION
FOR HARMONT QUICK STOP, LLC DBA HARMONT QUICK STOP. -
RECEIVED & FILED
515. FINANCE DIRECTOR DIRUZZA: AMEND APPROP O#264/2013 ALLOW ING CITY DEPARTMENTS TO
MEET PAYROLL AND/OR OTHER OBLIGATIONS IN 2014. -
FINANCE COMMITTEE
516. LAW DIRECTOR MARTUCCIO: AUTHORIZE LAW DIR TO PREPARE ORDINANCE APPROVING,
ADOPTING AND ENACTING AMENDED CODIFIED ORDINANCES
OF CITY OF CANTON; AUTHORIZE LAW DIRECTOR TO PREPARE
RESOLUTION TO DISTRIBUTE, FREE OF CHARGE, TO PUBLIC
OFFICIALS AND PUBLIC INSTITUTIONS, COPIES OF CODIFIED
ORDINANCES, AND AFFIX PRICE OF $100.00 FOR UNBOUND
VERSIONS OF UPDATED CODIFIED ORDINANCES TO PRIVATE
HOLDERS OF CANTON CITY CODE.- JUDICIARY COMMITTEE
517. LIQUOR CONTROL DIVISION: REQ C1 NEW PERMIT FOR LA ABEJA REYNA LLC DBA LA ABEJA
MEXICAN STORE @ 1119 12 TH ST NW . - RECEIVED & FILED
518. MAYOR HEALY: AUTHORIZE ALL APPOINTING AUTHORITIES TO GRANT ALL
MGMT AND NON-BARGAINING UNIT EMPLOYEES UP TO 2%
W AGE INCREASE, EFFECTIVE 1/1/15; AUTHORIZE AUDITOR TO
DRAW W ARRANTS UPON RECEIPT OF VOUCHERS. -
PERSONNEL & FINANCE COMMITTEES
519. SAFETY DIRECTOR PERRY: REQ APPRVL TO ACCEPT FM GLOBAL FIRE PREVENTION GRANT
IN AMT OF $2,131.00 TO PURCH HYDROCARBON DETECTOR
AND RECHARGEABLE LANTERN. - FINANCE COMMITTEE
CANTON CITY COUNCIL AGENDA - PAGE 2 - DECEMBER 8, 2014
COM M UNICATIONS CONTINUED:
520. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ADVERTISE,
RECEIVE BIDS, AW ARD, AND ENTER INTO CONTRACTS
PURSUANT TO CODIFIED ORDINANCE SECTION 105.09 FOR
PURCH OF SUPPLY EQUIP, ITEMS, MATERIALS, SUPPLIES, AND
SERV; AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO
ENTER INTO PROF SERV CONTRACT PURSUANT TO CODIFIED
ORDINANCE SECTION 105.10 FOR APPLICABLE PROF SERV;
AUTHORIZE MAYOR, SERV DIR AND/OR SAF DIR TO ENTER INTO
AND UTILIZE COOP PURCH AGMTS PURSUANT TO CODIFIED
ORDINANCE SECTION 105.11 FOR PURCH OF SUPPLY EQUIP,
ITEMS, MATERIALS, SUPPLIES, AND SERV; AUTHORIZE MAYOR,
SERV DIR AND/OR SAF DIR TO ENTER INTO CONTRACTS
PURSUANT TO ORC SECTION 735.05 W ITH QUALIFIED
NONPROFIT AGENCIES AS DEFINED BY SECTIONS 4115.31 TO
4115.35 OF REVISED CODE FOR PURCH OF SUPPLY EQUIP,
ITEMS, MATERIALS, SUPPLIES, AND SERV; AUTHORIZE
CONTRACTS TO BE MULTIPLE YEAR CONTRACTS W HERE REQ
OR BENEFICIAL; AUTHORIZE AUDITOR TO DRAW W ARRANTS
UPON RECEIPT OF VOUCHERS (2015 SUPPLY LIST). - FINANCE
COMMITTEE
521. SERVICE DIRECTOR BARTOS: AUTHORIZE MAYOR AND/OR SERV DIR TO ENTER INTO LEASE
AGMT W ITH CANTON COMMUNITY IMPROVEMENT
CORPORATION FOR CITY-OW NED REAL PROPERTY
CURRENTLY USED AT CANTON W RF (KUBOTA). - FINANCE
COMMITTEE
522. TREASURER PEREZ: RPT OF BANK RECONCILIATIONS AND CITY’S OUTSTANDING
INVESTMENTS AS OF 11/27/14. - RECEIVED & FILED
ORDINANCES & FORM AL RESOLUTIONS FOR FIRST READING:
259/2014 1. AUTHORIZE SETTLEMENT OF LITIGATION AGAINST CITY OF CANTON BY (11) FORMER
EMPLOYEES; EMERGENCY (RETIRE/REHIRE)
Referred to Finance Com m ittee
1 ST RDG 2. AUTHORIZE MAYOR OR SERV DIR TO ENTER INTO ENTERPRISE ZONE AGMT W ITH HISTORIC
ONESTO, LLC TO PROVIDE REAL PROP TAX EXEMPTION; AUTHORIZE AUDITOR TO MAKE
PAYMENTS TO CANTON CITY SCHOOLS BD OF ED AS REQUIRED PURSUANT TO SECTION
5709.82(C) OF THE REVISED CODE; EMERGENCY
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 3. AUTHORIZE SERV DIR TO ENTER INTO GRANT AGMT IN AMT NOT TO EXCEED $5,000,000.00
W /PRO FOOTBALL HALL OF FAME, INC. TO PROVIDE GAP FINANCING; AUTHORIZE ISSUANCE OF
REVENUE BOND ANTICIPATION NOTE; AMEND SECTION 181.14(c) OF THE CODIFIED
ORDINANCES; ESTABLISH 1154 PRO FOOTBALL HALL OF FAME VILLAGE FUND; EMERGENCY
Referred to Finance Com m ittee
1 ST RDG 4. AUTHORIZE CITY AUDITOR TO PAY AN AMT NOT TO EXCEED $14,175.55 FOR W ORK PERFORMED
FOR NEIGHBORHOOD INITIATIVE PROGRAM; EMERGENCY (PHILLIP SCHANDEL - $5,600.00,
HERITAGE UNION TITLE - $2,200.00, THE PRESS NEW S - $4,775.55, MOORE TITLE - $1,600.00)
Referred to Com m unity & Econom ic Developm ent Com m ittee
1 ST RDG 5. ADOPT APPROP FOR OPERATING AND CAPITAL EXPENDITURES OF CITY OF CANTON, OHIO,
FOR FISCAL YR 2015; EMERGENCY
Referred to Finance Com m ittee
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING:
(SUSPENDED RULE 22A TO ADD O#6, O#8 - O#11; O#7 RETAINED IN COMMITTEE)
2 ND RDG 6. AMEND APPROP O#264/2013; EMERGENCY ($400,000.00 SUPP APPROP FROM UNAPPROP BAL OF
4509 RECREATION BOND TO 4509 506001 COMMUNITY DEVELOPMENT DEPT. - OTHER) (SPRAY
PARK) (PPCI)
RETAINED
IN CM TE 7. AUTHORIZE MAYOR OR SERV DIR TO AMEND THE HYDRODEC N.A., INC ENTERPRISE ZONE
AGMT; EMERGENCY (C&ED)
2 ND RDG 8. AUTHORIZE IMPROVEMENT OF REAL PROP LOCATED IN CITY OF CANTON; DECLARE PROP TO BE
EXEMPT FROM REAL PROP TAXATION; COMPENSATE SCHOOL DISTRICT FOR REVENUE NOT
REALIZED; DESIGNATE INFRASTRUCTURE IMPROVEMENTS BE MADE; REQUIRE ANNUAL SERV
PAYMENTS IN LIEU OF TAXES; ESTABLISH MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR DANNER PRESS AREA DEVELOPMENT PROJECT; EMERGENCY (C&ED)
2 ND RDG 9. AUTHORIZE IMPROVEMENT OF REAL PROP LOCATED IN CITY OF CANTON; DECLARE PROP TO BE
EXEMPT FROM REAL PROP TAXATION; COMPENSATE SCHOOL DISTRICT FOR REVENUE NOT
REALIZED; DESIGNATE INFRASTRUCTURE IMPROVEMENTS BE MADE; REQUIRE ANNUAL SERV
PAYMENTS IN LIEU OF TAXES; ESTABLISH MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR MCKINLEY GRAND DEVELOPMENT PROJECT; EMERGENCY (C&ED)
CANTON CITY COUNCIL AGENDA - PAGE 3 - DECEMBER 8, 2014
ORDINANCES & FORM AL RESOLUTIONS FOR SECOND READING CONTINUED:
2 ND RDG 10. AUTHORIZE IMPROVEMENT OF REAL PROP LOCATED IN CITY OF CANTON; DECLARE PROP TO BE
EXEMPT FROM REAL PROP TAXATION; COMPENSATE SCHOOL DISTRICT FOR REVENUE NOT
REALIZED; DESIGNATE INFRASTRUCTURE IMPROVEMENTS BE MADE; REQUIRE ANNUAL SERV
PAYMENTS IN LIEU OF TAXES; ESTABLISH MUNICIPAL PUBLIC IMPROVEMENT TAX INCREMENT
EQUIVALENT FUND FOR 13 TH ST. NE DEVELOPMENT PROJECT; EMERGENCY (C&ED)
2 ND RDG 11. AUTHORIZE DISCHARGE OF DEMO LIEN, ASSESSMENTS, PENALTIES AND INTEREST ON PROP
LOCATED AT 1409 - 17 TH ST NE; EMERGENCY (C&ED)
ORDINANCES & FORM AL RESOLUTIONS FOR THIRD/FINAL READING & VOTE: None
ANNOUNCEM ENT OF COM M ITTEE M EETINGS:
M ONDAY, December 15, 2014 in Council Caucus Room at 6:15 PM
1) Finance Com m ittee
2) Com m unity & Econom ic Developm ent Com m ittee
M ISCELLANEOUS BUSINESS: Mem ber Babcock, a graduate of Central Catholic High School, congratulated the Central
Catholic Crusaders on a fantastic football season under Coach Jeff Lindesm ith. He stated that they did lose at the State level,
but had a record season of 14-0, with only 30 kids on the team . Mem ber Griffin stated that this Friday, Decem ber 12 th, the Ex-
Newsboys will be soliciting donations. They have done so since 1960 and have purchased over 3.5 m illion dollars worth of
clothing for the children of Stark County. Mem ber Sm ith wished Mr. Zachary a happy birthday. Law Director Martuccio told
Troup 75 and the Jackson High School students not to be lulled into a sense of short m eetings here at Council. He explained
that the Com m ittees m eet prior to the m eeting to discuss everything that will be voted on during the Council m eeting. Mayor
Healy wanted to alert Council to the passage of House Bill 5. He stated that it had passed in the Senate and was sent to the
House for finalization. He stated that there will be a conference scheduled in the Treasurer’s Office to discuss what this
m eans for the City. He also stated that som e of the effects of the passage will take effect in 90 days, when the Bill takes
effect, and that everyone will have to keep watch in 2015 - 2016 and beyond, for other things to take effect.
ADJOURNM ENT: 7:57 P.M.
THE NEXT REGULAR COUNCIL M EETING W ILL BE HELD ON M ONDAY, DECEM BER 15, 2014 @ 7:30 PM
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