City Council

COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -816- MINUTES OF THE MEETING DECEMBER 22, 2014 PRESIDENT SCHULMAN: Good evening ladies and gentlemen and welcome to Canton City Council. Before we begin tonight’s meeting, I want to thank Leader Morris for subbing for me the last three weeks. Last week I was sick, so, I am back, almost back to the living. I did dutifully take my flu shot. It did not seem to do much good for me this year. 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, WILLIAM SMUCKLER, GREG HAWK, THOMAS WEST, JAMES GRIFFIN, KEVIN FISHER, DAVID DOUGHERTY, JOHN MARIOL & EDMOND MACK) TWELVE COUNCIL MEMBERS PRESENT. CLERK TIMBERLAKE: All present, Mr. President. PRESIDENT SCHULMAN: Thank you, Madame Clerk. Tonight’s invocation will be given by my good friend and Council Member At-Large, James Babcock. And before Council Member Babcock gives the invocation, happy birthday and many, many healthy and happy. (Applause). Please stand and remain standing for our Pledge of Allegiance. MEMBER BABCOCK. Thank you. It’s not everyday you turn 39 plus, is it? (Laughter). The regular meeting of Canton City Council was held on December 22, 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 James Babcock, At-Large Council Member. The Pledge of Allegiance led by President Schulman. MEMBER SMUCKLER: Who wrote that for you? (Inaudible). (Laughter). AGENDA CORRECTIONS & CHANGES PRESIDENT SCHULMAN: Thank you Member Babcock. (Inaudible). (Laughter). You know, I leave for three weeks and it’s completely out of control. (Laughter). We now turn to Agenda Corrections and Changes, Leader. MEMBER MORRIS: Mr. President, I move Rule 22A be suspended to add 2nd Readings Ordinances #10 through...Oh, I’m sorry, #4 through #10. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to Suspend Rule 22A to add Second Reading Ordinances #4 through #10, to this evening’s agenda. Any remarks? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas, Mr. President. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -817- MINUTES OF THE MEETING DECEMBER 22, 2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Rule 22A is suspended. The ordinances are a legal part of your agenda. PUBLIC HEARINGS PRESIDENT SCHULMAN: We turn to Public Hearings. We have none scheduled tonight. OLD BUSINESS PRESIDENT SCHULMAN: We’re now ask Deputy Mayor Fonda Williams to deliver under Old Business. Deputy Mayor. DEPUTY MAYOR WILLIAMS: Thank you, Mr. President. Members of Council. At that December 15th meeting, this Council heard from Mr. Jason Scaglione in reference to some issues with parking and loud speaker at Harter. Mr. Scaglione, these issues were brought to the attention of the Board of Education and you, along with some other residents, had also brought this to their attention. They assured me that they think by the first of the year, this will be rectified. It’s an issue they were aware of and they are working on it. Thank you. PUBLIC SPEAKS PRESIDENT SCHULMAN: Thank you, Deputy Mayor. We’re now under Public Speaks and we have 3 speakers this evening. Our first is Bruce Nordman. Mr. Nordman, as always, welcome to Canton City Council. If you’ll give us your name and your residential address for our record, please. BRUCE NORDMAN: My name is Bruce Nordman. I reside at 1623 Logan Ave. NW. First, I’d like to wish everyone in this room a Happy Hanukkah, a Merry Christmas, and a Blessed Kwanza. I’ve been absent from some of these City Council Meetings due to some very serious personal issues which are rectifying themselves, so it’s good to be back with you. Tonight I’m here for two purposes. One is to urge the City Council and the Administration to pass the $5,000,000.00 Grant to finalize the Hall of Fame Village. This is going to fall right in place along with the $2,000,000.00 loan that you made to finish the Onesto, and it’ll tie in nicely with the projects that are ongoing here with the Chamber of Commerce and this City has the opportunity to become the Cooperstown for the Professional Football League in the Midwest, and I think that it will bring in very fast rebirth to this City. So, I urge you to pass this when it comes for a vote. Also, I’d like to thank the civic and religious leaders who very quietly, in their churches and in the meetings, talked with the folks in the City to prevail a situation of calm. I think this was wonderful. I am very proud of this city in terms of the way it conducted themselves, and my thanks to everyone who dealt with this issue in a very positive way. I also want to praise the Director Perry and Chief Lawver for scheduling four meetings to create a dialogue between the Police and the community. My concern is that last week, with this meeting scheduled by Director Perry and Chief Lawver, according to the Repository, we had a dozen people show up. We as citizens of this City should be embarrassed with that kind of a turnout. The Police Department and the Safety Director are being proactive to get information out to the citizens and they want input. Now, tomorrow night there is a meeting at 6:00 at the Coleman Community Center. We have another meeting January 8th and another meeting, the fourth meeting, on January 14th. I would ask everyone in this room, in front of me and behind me to start knocking on doors, email, get on Facebook, text, do whatever you can. Let’s get the citizens out. The Police Department is trying so hard to get the input from folks and we sure can’t do it with a dozen people attending. So, please, let’s get this behind...get behind this and get a big turnout for these next three meetings. Thanks you. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -818- MINUTES OF THE MEETING DECEMBER 22, 2014 PRESIDENT SCHULMAN: Thank you, Mr. Nordman, very much. Our next speaker is Terrence Jones. Mr. Jones, as always, welcome to Canton City Council. If you’ll step forward and give us your name and your residential address please. TERRENCE JONES: Terrence Jones. 2402 - 11th St. NW. The last time I was here, I was serving as a Director of Multi Development Services, but since then, I stepped down in early Spring and started a new business called Simply Youth, which is a youth development consulting business to help with youth services throughout the community. I would be remiss if I didn’t get up and say something about the Canton Police Department. Early October...October 7th, and Director Perry, I can give you more detail about it. I was on my way to Crenshaw Middle School for an after school program. I saw a police car on the corner of Superior and Indiana Way. I guess I’ll be direct like I am, it was a white police officer with red hair, very short. I was like...why is these kids sitting around the police car. Because, in light of the public issue, or the hot topic, the police nationally, you know that’s really been an anxiety thing for me, when I see kids, you know I’m like what is going on. Come to find out this Police Officer is throwing a football with five young 7, 8, 9 year old black boys, and I’m like, wow. I’m thinking like, it was something wrong, and while he’s waiting on a call, he’s out here throwing the football with the kids. Well, most of these kids don’t have a positive male role model. What maybe he doesn’t realize, and I haven’t gotten a chance to talk to the Chief, but it will speak volumes for this kids in the years to come because he can be that same Officer that talks that kid down in light of a bad situation. He can be the Officer to speak life into that kid’s life. So then Sunday, I’m at Walmart and my cell phone is going crazy about 9:30 - 9:45. And, normally people, I’ll be honest, I get negative calls if its raids going on in the community or the Fed’s around, or whatever that is. And the people are saying the Police are out with semi trucks and they blocking streets and giving out bikes. I’m like, this can’t make sense, so I ride down that same area, Indiana Way, and hundreds of kids are coming out, and so, however the weather may be, the in-kind service or the financial support of the Police Department, I guess I’m speaking on behalf of all those kids who don’t have the know-how to come here to say thank you, or even understand the process. Because, what happened with that Organization, with the Police Department, whether it be Akron as well as our own Canton, we put the smiles on thousands of kids faces with those bikes. Not only just because they got the bikes, but I was thinking that most kids now just text and play on their video games. That’ll be a thousand or more kids that will be riding on bikes this summer. So, Director Perry, please...Deputy Mayor, Mayor, please let the Police Department know that there are some people that are watching and that we are commending them for their efforts, we’re commending them for even taking the initiative to do the community meetings. Last thing is, I would hope that we do a meeting to involve young people in that meeting, to hear their input as well, and I would more than welcome...willing to help bring kids there for that because one thing we do need is to teach them what to do in the case that they are stopped. I guess I babbled all that to say to all of you, let’s keep doing the hard work of trying to serve and protect our community. But again, thank you to that young Police Officer who was throwing the football and thank you to the Police Officers who participated in the project on Sunday because it shed a positive light on not only the kid’s lives but also a positive memory in a lot of their lives for the future. Thank you. (Applause). PRESIDENT SCHULMAN: Thank you, Mr. Jones, very much. Our last speaker is Kimberly Mantoya...Pantoya. Good evening. If you’ll step forward ma’am. Welcome to Canton City Council. If you’ll give us your name and your residential address, please. KIMBERLY PANTOYA: My name is Kimberly Pantoya. My address is 1815 - 14th St. SE. I’m here to talk to you because my son killed himself three weeks ago today. This is my son... PRESIDENT SCHULMAN: Sorry. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -819- MINUTES OF THE MEETING DECEMBER 22, 2014 KIMBERLY PANTOYA: ...And the Police Department did not notify me. They went to the house after 25 minutes of saying they couldn’t find him, even though he’s in the police system because he’s been in trouble when he was 18, and they have his address. It took them 25 minutes to go to the house to find him. They then, of course, called the EMS and the Coroner’s Office. His case was handed over to the Coroner’s Office but they did not give them the phone or his journal. So, when the Coroner took my son away, they had no way to contact me. My son died at 8:44 in the morning, or at least that’s what the Coroner’s report said. I did not know until 3:30 p.m. in the afternoon, on Facebook. Of all places to find out your child’s dead. I’m sure none of you ever want to find out that way, that your kid is dead. I want some kind of protocol in place that no matter what, the people are notified of a death in their family by our Police Department, not by Facebook. I have called every department in this city and every department says it’s somebody else’s fault. But I don’t want to hear who everybody’s passing the buck on, I want to hear that you’re going to do something about it. That you’re going to make a change that says that you care about people, whether they commit suicide, they’re murdered, or they’re in a car accident. We have a right to be notified. This is America where we’re citizens. We pay the salary of the City, and just to know that we don’t count enough to be told by the Police Department that somebody is dead. The Coroner’s Office didn’t have the phone. They took all day and they finally looked my son up on Facebook, found out that he worked at Taco Bell in North Canton. Called the Taco Bell in North Canton to get our phone number to call us. But we weren’t even notified by them until 4:30 in the afternoon, where we already knew from Facebook that he was dead. Something needs to change. There was another boy that was also dead that day because he also committed suicide. I hope his family didn’t have to find out on Facebook that their son was dead on Facebook of all places. Something really does need to change and somebody has to take responsibility for what happened. The Coroner’s Office, the Police Department, somebody dropped the ball and I want somebody to take responsibility and quit just acting like it just doesn’t count. I just want something, if somebody could please help me, I would appreciate it. Thank you for your time. PRESIDENT SCHULMAN: Thank you very much ma’am. Thank you Ms. Pantoya. I’m very, very sorry for your loss, ma’am. INFORMAL RESOLUTIONS PRESIDENT SCHULMAN: We’re now under Informal Resolutions. And we have none this evening. COMMUNICATIONS PRESIDENT SCHULMAN: Turning to Communications. Let the journal show that all Communications are received as read. NOTE: ALL COMMUNICATIONS WHICH FOLLOW, LISTED BY AGENDA TITLE, ARE ON FILE IN THEIR ENTIRETY IN THE COUNCIL OFFICE WITH THE AGENDA ITEMS FILE DATED DECEMBER 22, 2014. 531. COMM DEV DIR MILLER: ESTABLISH FAIR REUSE VALUE OF PARCEL OF REAL PROP & AUTHORIZE DISPOSITION (PARCEL 02-01946 AND PART OF LOT #20243 LOCATED ON NICHOLAS PLACE NW - SALVADORE F. CEDILLO). - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE 532. LAW DIR MARTUCCIO: AUTHORIZE PREPARATION OF ORD FOR COMPENSATION COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -820- MINUTES OF THE MEETING DECEMBER 22, 2014 ADJUSTMENTS FOR 5 FULL-TIME ASST. PROSECUTORS IN CRIMINAL DIVISION (3 VETERANS, 2 NEW HIRES). - PERSONNEL & FINANCE COMMITTEES ORDINANCES & FORMAL RESOLUTIONS FOR FIRST READING PRESIDENT SCHULMAN: Turning now to Ordinances for their First Readings Madame Clerk would you begin with Ordinance #1, please. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #1 THROUGH #3 FOR THEIR FIRST READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS: #1. (1ST RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT A REIMBURSEMENT GRANT FROM THE OHIO OFFICE OF CRIMINAL JUSTICE SERVICES IN AN ESTIMATED AMOUNT OF $35,000.00; RENAMING FUND 2773; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee #2. (1ST RDG) AN ORDINANCE AUTHORIZING A WAGE INCREASE FOR MANAGEMENT AND NON-BARGAINING UNIT PERSONNEL; AMENDING EXHIBIT A TO ORDINANCE NO. 100/2011, AS AMENDED, THE CLASSIFICATION PLAN AND SALARIES FOR MANAGEMENT AND NON-BARGAINING UNIT EMPLOYEES OF THE CITY OF CANTON; AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Personnel and Finance Committees #3. (1ST RDG) AN ORDINANCE APPROVING THE AMENDMENTS TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF CANTON AND THE CANTON POLICE PATROLMAN’S ASSOCIATION (CPPA); AND DECLARING THE SAME TO BE AN EMERGENCY Referred to Finance Committee ORDINANCES & FORMAL RESOLUTIONS FOR SECOND READING PRESIDENT SCHULMAN: Turning now to Ordinances and Formal Resolutions for the Second Reading. Madame Clerk will you please begin with Ordinance 4. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ ORDINANCES #4 THROUGH #10 FOR THE SECOND READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS (O#10 ADOPTED IN 2ND READING): #4. (2ND RDG) AN ORDINANCE INSTRUCTING THE ADMINISTRATION TO PAVE CITY ROAD SURFACES BETWEEN MAY 1 AND OCTOBER 1, AND/OR DURING OPTIMAL CLIMATIC CONDITIONS; AND AMENDING CHAPTER 105 OF THE CODIFIED ORDINANCES OF THE CITY OF CANTON #5. (2ND RDG) A RESOLUTION OBJECTING TO THE RENEWAL OF TWO LIQUOR PERMITS COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -821- MINUTES OF THE MEETING DECEMBER 22, 2014 LOCATED WITHIN THE CITY; AND DECLARING THE SAME TO BE AN EMERGENCY (PERMIT NO. 38539920005 (HILL MINI MART LLC DBA SHORB DRIVE THRU) & PERMIT NO. 9690835 (WINE BARREL LLC DBA WINE BARREL & DRIVE THRU)) #6. (2ND RDG) AN ORDINANCE ESTABLISHING FAIR REUSE VALUE OF ONE PARCEL OF CITY OWNED PROPERTY; AUTHORIZING THE SALE AND CONVEYANCE OF SAID PROPERTY; AND DECLARING THE SAME TO BE AN EMERGENCY (PARCEL 02-01946 AND PART OF LOT 20243 - JAMES A. & HEATHER K. PARSONS) #7. (2ND RDG) AN ORDINANCE TO APPROVE, ADOPT AND ENACT REVISED AND RECODIFIED ORDINANCES; TO REPEAL ORDINANCES IN CONFLICT THEREWITH; TO PUBLISH THE ENACTMENT OF NEW MATTER; AND DECLARING THE SAME TO BE EMERGENCY #8. (2ND RDG) AN ORDINANCE AUTHORIZING THE DIRECTOR OF PUBLIC SAFETY TO ACCEPT AN FM GLOBAL FIRE PREVENTION GRANT IN AN AMOUNT NOT TO EXCEED $2,131.00 TO PURCHASE A HYDROCARBON DETECTOR AND A RECHARGEABLE LANTERN; AND DECLARING THE SAME TO BE AN EMERGENCY #9. (2ND RDG) AN ORDINANCE AUTHORIZING THE MAYOR OR DIRECTORS OF PUBLIC SERVICE AND SAFETY TO ADVERTISE, RECEIVE BIDS, AWARD AND ENTER INTO VARIOUS CONTRACTS FOR EQUIPMENT, ITEMS, MATERIALS, SUPPLIES AND SERVICES; TO ENTER INTO PROFESSIONAL SERVICES CONTRACTS PURSUANT TO CODIFIED ORDINANCE SECTION 105.10; TO PURCHASE EQUIPMENT, ITEMS, MATERIALS, SUPPLIES AND SERVICES UTILIZING COOPERATIVE PURCHASING AGREEMENTS PURSUANT TO CANTON CODIFIED ORDINANCE SECTION 105.11 AND OHIO REVISED CODE SECTION 735.05 FOR CITY OF CANTON OPERATIONS DURING CALENDAR YEAR 2015; AND DECLARING THE SAME TO BE AN EMERGENCY. #10. (2ND RDG) ADOPTED AS AMENDED AS ORDINANCE NO. 263/2014 AN ORDINANCE AMENDING APPROPRIATION ORDINANCE NO. 264/2013, AS AMENDED, BY MAKING THE SUPPLEMENTAL APPROPRIATION AND APPROPRIATION TRANSFERS HEREIN DESCRIBED; AND DECLARING THE SAME TO BE AN EMERGENCY (2014 PAYROLL AND/OR OTHER OBLIGATIONS) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we suspend the Statutory Rule for Ordinance #10. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -822- MINUTES OF THE MEETING DECEMBER 22, 2014 PRESIDENT SCHULMAN: There’s a motion to suspend the Statutory Rule for Ordinance #10. Are there any remarks? If not, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS, 1 ABSTAIN (MEMBER SMITH LEFT MEETING DURING VOTE) CLERK TIMBERLAKE: Eleven yeas, Mr. President. PRESIDENT SCHULMAN: You’ve heard the three readings, Leader? MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #10. Are there any remarks? Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #10 per the copy that all Council Members have in front of them. MEMBER BABCOCK: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 10 by the substitution of the attached revised exhibit for the originally proposed exhibit. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 10 by virtue of the copy before each Member of Council. Any remarks on that Amendment? Hearing none by voice vote then, all those in favor, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #10 as amended. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 10 as amended. Any remarks under this Ordinance as amended? Again hearing none, Madame Clerk again, roll call vote please. NO REMARKS ROLL CALL 11 YEAS, 0 NAYS, 1 ABSTAIN (MEMBER SMITH LEFT MEETING DURING VOTE) COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -823- MINUTES OF THE MEETING DECEMBER 22, 2014 CLERK TIMBERLAKE: Eleven yeas, Mr. President. #10 ADOPTED AS AMENDED AS ORDINANCE NO. 263/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 10, as amended, is adopted. ORDINANCES & FORMAL RESOLUTIONS FOR THIRD AND FINAL READING PRESIDENT SCHULMAN: Thank you Madame Clerk Now we turn to Ordinances and Formal Resolutions for the Third Final Reading and Vote. (Inaudible). Would you please begin with Ordinance 11, Leader. NOTE: PRESIDENT SCHULMAN CALLED UPON CLERK TIMBERLAKE TO READ THE FOLLOWING ORDINANCES #11 THROUGH #16 FOR THE THIRD READING BY TITLE AS REQUIRED BY STATE LAW, AS FOLLOWS. #11. (3RD RDG) POSTPONED UNTIL 12/29/14 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 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #11. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #11, any remarks? Leader. MEMBER MORRIS: Mr. President, I move we postpone Ordinance #11 to 12-29 of 2014. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone Ordinance #11 to 12-29, 2014. Are there any remarks? If not, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN : The ayes have it. The motion carries and Ordinance #11 is postponed to 12-29, 2014. Ordinance 12, please. #12. (3RD RDG) POSTPONED UNTIL 12/29/14 AN ORDINANCE DECLARING THE IMPROVEMENT COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -824- MINUTES OF THE MEETING DECEMBER 22, 2014 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 PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #12. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #12, any remarks? MEMBER MORRIS: Mr. President, I move we postpone Ordinance #12 to 12-29, 2014. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone Ordinance #12 to 12-29, 2014. Are there any remarks? If not, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN : The ayes have it. The motion carries and Ordinance #12 is postponed to 12-29, 2014. Ordinance 13, please, Madame Clerk. #13. (3RD RDG) POSTPONED UNTIL 12/29/14 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 13TH ST. NE DEVELOPMENT PROJECT; AND DECLARING THE SAME TO BE AN EMERGENCY PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #13. MEMBER BABCOCK: Second. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -825- MINUTES OF THE MEETING DECEMBER 22, 2014 PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #13, any remarks? Leader Morris. MEMBER MORRIS: Mr. President, I move we postpone Ordinance #13 to 2-12...er...12-29, 2014. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to postpone Ordinance #13 to 12-29, 2014. Are there any remarks? If not, by voice vote all those in favor signify by saying aye. Those opposed no. NO REMARKS POSTPONEMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN : The ayes have it. The motion carries and Ordinance #13 is postponed to 12-29, 2014. Ordinance 14, please, Madame Clerk. #14. (3RD RDG) ADOPTED AS ORDINANCE NO. 264/2014 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 PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #14. MEMBER BABCOCK: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #14, any remarks under this Ordinance? Member Smuckler. MEMBER SMUCKLER: Mr. President. Public Speaks comes and I hear what everybody says. And my good friend, Mr. DiGiacomo, I have been waiting for the Ordinances for this. There comes a time when you represent people and there comes a time when you have to show some leadership. And I understand this $5,000,000.00 could be borrowed and we could go use it on streets and we could use it for other projects; however, I said this before and I’ll say it again, this comes along once in a lifetime where you find an outside revenue source that’s going to come in and generate revenue to fix streets in the future and to offer the other city services that the Hall of Fame can do by generating tax dollars. I’m for this. I’ve been for it. Once in a lifetime, like I said. I have been circulating petitions for the last two weeks. Everybody I’ve stopped and talked to without a doubt, the overwhelming majority have been for...looking for something because when we have a problem, we keep coming back to the same people for tax dollars. This is an opportunity for us to make this a destination place. This is an opportunity for us to give something for people to do. We hear these complaints all the time, there’s nothing to do. This will be more of a village, more of a shopping area, more of COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -826- MINUTES OF THE MEETING DECEMBER 22, 2014 a restaurant area, more of an entertainment district than this community’s ever seen. And I can, with all due respect say to you, I listened, I’ve heard, but I think there’s a further objective here of trying to bring the City back. And I remember 30 years ago when I first came down here and we struggled with the downtown and we struggled with the other areas. And we were always looking to cut the budget to make it happen. This is a chance where we get to look at outside revenue, rather than on what services we can cut to this community. Again, I urge everybody, once in a lifetime, $5,000,000.00 is a drop in the bucket for what we need to spend to make this a reality. Thank you. PRESIDENT SCHULMAN: Thank you, Member Smuckler. Deputy Mayor. DEPUTY MAYOR WILLIAMS: I’ll yield to the Leader. PRESIDENT SCHULMAN: Leader. MEMBER MORRIS: Mr. President. I’m going to agree with Member Smuckler 100% on this. This is not the once in a lifetime, this is our third shot. We had an opportunity to have Sea World here, okay, but people didn’t buy into it. We had an opportunity to put a baseball stadium in downtown, but we put it out in the middle of nowhere and the team moved to Akron. That area is blossoming around that stadium. This is our opportunity. This is our third shot at it, and this Council has to support this and I’m almost positive we all do. This is a great opportunity for our children and our grandchildren, to have something here in the City that they can be proud of, and we all have something that we can look forward to in our golden years. So, like Members At-Large, I’m going to support this 100%. PRESIDENT SCHULMAN: Thank you Leader. Deputy Mayor. DEPUTY MAYOR WILLIAMS: Mr. President, Members of Council. Again, I just want to urge you to support this project. We’ve bent over backwards to be as transparent as possible, sharing information about how this project is coming along, how it’s developing. Well before it became public, it was probably the worst secret in the City of Canton. (Laughter). ...and to that point I want to assure Members of Council that you have already annexed the Pro Football Hall of Fame into the City of Canton. I know there were some questions in regards to the Hall of Fame property being in the City of Canton. And again, I just want to say that all came through this Council over the last 2 ½ - 3 years, so the $5,000,000.00 opportunity before you is an investment in your City. I just want to remind Council Member of that, which you already are aware of that, but for the record. Thank you. PRESIDENT SCHULMAN: Thank you Deputy Mayor. Member West. MEMBER WEST: Yes, Fonda took some of my thunder when he said it was an investment. This is truly an investment on...for our children, our future generation, it’s an investment in our neighborhoods and our community because this is bringing tax revenue to our City. I mean...bar everything else, we can talk about this in different kitchens, at the end of the day this is a revenue generating project, which means it’s bringing additional revenues to the City of Canton, and that’s what we need. I urge...I want to thank Fonda and the Mayor and the Administration for working on this project and bringing this project to fruition. I’m going to vote for this and support this one 100%. PRESIDENT SCHULMAN: Thank you Member West. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -827- MINUTES OF THE MEETING DECEMBER 22, 2014 MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: I also wanted to thank the Administration. Deputy Mayor Williams in particular for stealing my thunder because I always like to pound my fist on the table about these projects have to be all built with local labor and we have to create construction jobs and you beat me to it on this one. There’s something that also hasn’t been talked about in this, which we know it’s a great development for the City of Canton, but it’s also going to be a job creator for the City, which...as a...speaks to Member Smuckler or talks about revenue that generates not only from people from out of town, but it’s going to generate income tax from people who are going to be building these projects right here in the City. Thank you. PRESIDENT SCHULMAN: Thank you Member Fisher. Member Mariol. MEMBER MARIOL: Unfortunately, a lot of people that I went to school with go to college, like many people my age in this area, they move away. They go to Chicago, Baltimore, California. As stuff has come out about this Hall of Fame Project, this is the first time I’ve ever had any of my old high school friends call me and say, “What’s going on in Canton”? “This thing sounds amazing”. So, it’s very exciting that people in Chicago, San Francisco, Baltimore, friends that I have that moved out of this area because Stark County doesn’t offer what they were looking for, are excited about what’s happening here or interested in what’s happening here. These are the types of things are going to attract young people back to our County and back to our City. So, I am incredibly excited about this. It also happens to be in Ward 7, which adds to the excitement. But I hope everyone supports this. Thank you. PRESIDENT SCHULMAN: Thank you Member Mario. Yes, Member Hart. MEMBER HART: I’d like to thank the members of the Pro Football Hall of Fame. A lot of those gentlemen and staff there has had this vision for a lot of years and this is just a very positive thing that’s come together. It started with a lot of vision that people have had over the years, and it just goes to show what people can do when they work together. It’s going to be a great benefit to the community and it’ll bring a lot of people in here, so again, for all those guys at the Hall of Fame, thank you very much. PRESIDENT SCHULMAN: Thank you Member Hart. Member Smith. MEMBER SMITH: Mr. President. I’d just like to say that I was a little reluctant about the (Inaudible). I talked to Member Smuckler and a few other. And I also had the same thoughts that Mr. DiGiacomo had. (Inaudible). I just hope that our residents will be able to get jobs from this thing that is going to take place. And I just hope that they...that we can create more growth, more organizations that can give them the skills and the trade that they would need to work at this Project. So, on that note, creating jobs, I know y’all talk about revenue, but we have to create the jobs in order to get revenue. So, I will be supporting it and hopefully (Inaudible). (Laughter). PRESIDENT SCHULMAN: Thank you Member Smith. Any other remarks? This is a...an historic vote for you, in the City of Canton. And I want to echo what Member Hart said. Andrea Perry’s father was head of the Hall of Fame and I know Dave Baker is an incredible figure. An imposing figure, in addition, but he didn’t just come into Canton with magic beans and drop them in the soil to create this. This was long time in the process and Steve Perry is owed a great debt of gratitude by this community, as is the board members and the staff of COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -828- MINUTES OF THE MEETING DECEMBER 22, 2014 the Hall of Fame. They had a vision and they have seen it, at least up to this point and it’s going to be a remarkable thing for this community. But, I will express on the record, a note of caution. And the caution is, we have to balance this incredible opportunity. And I know the Mayor and Deputy Mayor Williams, and his Administration understand this. We have to balance this opportunity with our central city. Our central city goes hand-in-hand with this. The Hall of Fame is 3 miles from downtown Canton and we cannot forget the central city is also a major part of this community and will be going into the future. So, I know that we all share that other vision for the downtown area. Having said that, and hearing other comments, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #14 ADOPTED AS ORDINANCE NO. 264/2014 PRESIDENT SCHULMAN: Ordinance 14 is adopted. Ordinance 15 please, Madame Clerk. #15. (3RD RDG) ADOPTED AS ORDINANCE NO. 265/2014 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) PRESIDENT SCHULMAN: Leader Morris. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #15. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded to adopt Ordinance #15, any remarks under this Ordinance? Hearing none, Madame Clerk roll call vote please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. #15 ADOPTED AS ORDINANCE NO. 265/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 15 is adopted. Ordinance 16 please. #16. (3RD RDG) ADOPTED AS AMENDED AS ORDINANCE 266/2014 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 PRESIDENT SCHULMAN: Leader Morris. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -829- MINUTES OF THE MEETING DECEMBER 22, 2014 MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that we adopt Ordinance #16. Any remarks under this Ordinance? Again, hearing none, Madame Clerk, roll call vote...oh, I’m sorry...Leader. MEMBER MORRIS: Mr. President, I move we amend Ordinance #16 per the copy that all Members have in front of them. MEMBER SMITH: Second. AMENDMENT Pursuant to Rule 36, I move to amend Agenda Item No. 16 by the substitution of the attached revised exhibit for the originally proposed exhibit. PRESIDENT SCHULMAN: It’s been moved and seconded that you amend Ordinance 16 by virtue of the copy before each Member of Council. Any remarks? By voice vote then, all those in favor of amending Ordinance #16, signify by saying aye. Those opposed no. NO REMARKS AMENDMENT PASSED UNANIMOUSLY BY VOICE VOTE PRESIDENT SCHULMAN: The ayes have it. The motion carries. Now, Leader. MEMBER MORRIS: Mr. President, I move we adopt Ordinance #16 as amended. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adopt Ordinance 16 as amended. Any remarks under this Ordinance as amended? Again hearing none, Madame Clerk again, roll call vote please. NO REMARKS ROLL CALL 9 YEAS, 3 NAYS (MEMBERS HART, SMUCKLER, & HAWK VOTED NAY) CLERK TIMBERLAKE: Twelve yeas, Mr. President. #16 ADOPTED AS AMENDED AS ORDINANCE NO. 266/2014 PRESIDENT SCHULMAN: Thank you Madame Clerk. Ordinance 16, as amended, is adopted. ANNOUNCEMENT OF COMMITTEE MEETINGS PRESIDENT SCHULMAN: We now move to Announcements of Committee meetings. MEMBER HAWK: Mr. President. PRESIDENT SCHULMAN: Member Hawk. MEMBER HAWK: Thank you good sir. Finance Committee will meet Monday, December 29th at 6:30 p.m. COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -830- MINUTES OF THE MEETING DECEMBER 22, 2014 RESIDENT SCHULMAN: Thank you. (Inaudible). CLERK TIMBERLAKE: Personnel. PRESIDENT SCHULMAN: Chairman Hart. MEMBER HART: Personnel will meet same time, same place. MISCELLANEOUS BUSINESS PRESIDENT SCHULMAN: Anyone else? We are now under Miscellaneous Business. Is there any? MEMBER FISHER: Mr. President. PRESIDENT SCHULMAN: Member Fisher. MEMBER FISHER: Thank you. I just...for those of you that don’t know, we’re going to be losing one of our friends here. Mr. Matt Rink from the Repository is leaving after 2 years of covering City Hall to step into the role of Editorial Board Editor, taking over for Gail Beck, who’s retiring. And we want to wish you the best in your new job and Gail as well, in her retirement. I know now that since you’re going to be dealing in opinion instead of reporting, I wanted to offer that you can keep my phone numbers if you’re curious as what is a good opinion and what is a bad opinion. You can just give me a call and I’ll let you know. (Laughter). Always willing to do that for a friend. And I also wanted to welcome your colleague, Allison, to come down here. I don’t know who you wronged to get this assignment, but we welcome you down here at City Hall. Thank you. PRESIDENT SCHULMAN: Thank you, Member Fisher. (Applause). Mayor Healy. MAYOR HEALY: Thank you Mr. President. I just want to follow up on some comments that were made earlier in reference to the bicycle give-away. The organization that came into our city was called Elves & More. And this is the 9th or 10th year that they’ve done this in different parts of Northeast Ohio, first time that they came to Canton. We had volunteers from the Akron Police Department whose been involved with them to actually come down and volunteer and help as well as our Canton City Police Department. Also, with the group was the Canton Fire Department. I wanted to make sure that you know that they were a big part of this as well and make sure they get recognized. So, our Safety Forces were out in force, helping our community. It was one of those arrangements where we kind of were supportive, but really, in a secondary role. The Organization really did the work on this thing over a period of many weeks where they bought the bikes, assembled them, they had hundreds of volunteers to assembly them. They brought in 16 semi tractor trailers full of truck. They chose 2 locations and went out and distributed those bikes and we got to ride along. It was quite entertaining and such a joy for our community. So, to the City Police Department, City Fire Department, I want to say thank you and also to recognize the Akron Police Department who also assisted. And, especially the group called Elves & More, who really made this happen. This is where it all came from. Thank you. PRESIDENT SCHULMAN: Thank you Mayor. Any other comments? Leader. MEMBER MORRIS: Motion to adjourn. MEMBER SMITH: Second. PRESIDENT SCHULMAN: It’s been moved and seconded that you adjourn. Madame Clerk, roll call vote COUNCIL PROCEEDINGS JOURNAL 102 JOURNAL PAGE -831- MINUTES OF THE MEETING DECEMBER 22, 2014 please. NO REMARKS ROLL CALL 12 YEAS, 0 NAYS CLERK TIMBERLAKE: Twelve yeas Mr. President. PRESIDENT SCHULMAN: Meeting adjourned. (Gavel falls) ADJOURNMENT TIME: 8:11 P.M. ATTEST: APPROVED: CYNTHIA TIMBERLAKE FRANK MORRIS CLERK OF COUNCIL PRESIDENT PRO TEM