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City Council

Regular Meeting

Canton, OH · December 8, 2014

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Minutes

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -791- MINUTES OF THE MEETING DECEMBER 8, 2014 (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. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -792- MINUTES OF THE MEETING DECEMBER 8, 2014 (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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -793- MINUTES OF THE MEETING DECEMBER 8, 2014 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. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -794- MINUTES OF THE MEETING DECEMBER 8, 2014 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. - COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -795- MINUTES OF THE MEETING DECEMBER 8, 2014 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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -796- MINUTES OF THE MEETING DECEMBER 8, 2014 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. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -797- MINUTES OF THE MEETING DECEMBER 8, 2014 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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -798- MINUTES OF THE MEETING DECEMBER 8, 2014 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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -799- MINUTES OF THE MEETING DECEMBER 8, 2014 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). COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -800- MINUTES OF THE MEETING DECEMBER 8, 2014 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 COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -801- MINUTES OF THE MEETING DECEMBER 8, 2014 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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