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Eminent Domain Initiated to Take Front Street Properties
By Dan O'BrienYOUNGSTOWN, Ohio -- City Council took an initial step last night to use eminent domain to acquire land along East Front Street, as city officials accelerate their efforts to break ground for a downtown civic center.Council voted 7-0 for a resolution declaring the city's intent to acquire the former Goodyear building and for Law Director John McNally IV to notify the property owner of the resolution. Under eminent domain, a government entity can acquire private property without the owner's consent if the land is to be used for a public purpose.The government must also provide fair compensation for taking the property. The building's owner, John Giannios, and the city could not agree on a sale price, the resolution said. Once Giannios is served the written notice, council will adopt an emergency measure that allows the city to assess the property's value, ask approval from a Mahoning County Common Pleas Court judge and then pay Giannios what the city determines is a fair market price.The building and some surrounding land along Front Street is an integral component to build a new civic center downtown, city officials have said. In March, the city signed an agreement with Global Entertainment Corp. of Phoenix, Ariz., to construct, at a cost of $41 million, a 5,500-seat center at the corner of East Front and Walnut streets.Last year, the city paid $1.5 million for 26 acres of former steel mill property along the Mahoning River between the Market Street and South Avenue bridges. Much of that land is compromised by aging foundations and a large sewer that bisects the upper third of the property. That forced developers to acquire land to the north along Front to make room for the project. Initially, the plan was to build the arena closer to Market and acquire land from businesses that operate on that end of Front. However, those business owners vowed to put up a lengthy fight, which could have delayed the project. Instead, the city opted to move the arena east, closer to the South Avenue bridge and acquire the former Goodyear building. The building has only one tenant, a small electronics shop. The city is facing a deadline of September 2005 to substantially complete the project or risk losing a $26.8 million federal grant secured by former U.S. Rep. James A. Traficant Jr.The owner of another parcel, once the site of a service station, has agreed to sell that property to the city. The city is also negotiating the purchase of railroad land that runs parallel with Front.Also, council's finance committee is considering adopting new guidelines that would govern city officials and employees' use of city-issued credit cards and cell phones. Finance Committee Chairman Richard Atkinson, R-3d Ward, said the guidelines need to be drafted in the wake of recent reports of credit-card abuse by government officials in Columbiana County. Under the proposed guidelines, council members' individual expenses that would exceed $50 must first be approved by the finance committee. Also, councilmen's travel expenses must be documented and receipts turned in to the clerk's office within three to five business days after the member returns.Credit-card receipts are to be turned in within three to five days upon a council member's return from a trip."Not under any circumstances are you to use the credit card within the city," Atkinson said. Instead, council members can use their personal credit cards and be reimbursed for any legitimate business expenses.Failing to comply with these regulations could result in cancellation of the card, he said.Mayor George McKelvey applauded the idea, adding that credit cards have become an "Achilles' heel" for local government. "People shouldn't use those unless they're travelling," he commented.Atkinson also said his committee would review council's current cellular phone plan and determine an across-the board spending cap on cell phone use. Any member logging an amount above the cap pay that overage out of his own pocket, he said.That recommendation drew concern from First Ward Councilman Artis Gillam, who said he needs unlimited access to his constituents to conduct business related to council, as he often does, via his cell phone when he is out of town. While he thinks members should be accountable for their spending, Chester Boles, D-6th, told the committee, he wants "a certain degree of trust and growth" established within council and the public."If you don't have that, there's something wrong," Gillam interjected. "And if they do something wrong, they'll pay for it."Contact Dan O'Brien at [email protected]"