MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MARCH 7, 2011 

COUNCIL PRESIDENT GAMBER - I'd like to welcome all of you to Massillon City Council for Monday, March 7, 2011.  We have in attendance with us this evening: Safety Service Director Loudiana, Auditor Ferrero, Fire Chief Burgasser Engineer Dylewski and Law Director Stergios.  On the wall to your left are agendas for anyone who wishes to follow the meeting.  Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda.  I'd also like to remind anyone with a cell phone please turn it off or turn it very far down. 

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Gary Anderson, Kathy Catazaro-Perry, Dave Hersher, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILWOMAN CATAZARO-PERRY - We have a guest this evening Pastor Barry Carter from City Bible Church who had an integral role of City Splash and helping to raise almost a million dollars for our homeless shelter.  So I’d like to bring up Pastor Carter please. Pastor Carter gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN CATAZARO-PERRY – Chairperson of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT GAMBER - Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (Yes, they are) 

5.  REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT GAMBER   - We do have several prospective additions to the agenda two ordinances.  I’ll recognize Councilman Mang.

COUNCILMAN MANG - We have two new pieces of legislation Ordinance No. 38 and 39.  I’d like to put them on the agenda to fall in order right after 37.  Seconded by Councilman Peters.

COUNCIL PRESIDENT GAMBER   - Mr. Mang, are both of these properly signed by committee members?  (Yes, sir both of them are)  Alright, we have a motion to amend the agenda to add two ordinances 38 & 39 roll call please.

Roll call vote of 9 yes to include Ordinances Nos. 38 & 39 to the agenda.

ORDINANCE NO. 29 B 2011                     BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to prepare plans and specifications, advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Aeration Tank Recycle Project at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 
COUNCILMAN HERSHER - First reading.

ORDINANCE NO. 29 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 30 B 2011                     BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the grant agreement with the Ohio Department of Development for the performance of a Phase II Environmental Assessment on the northern portion of the former Republic Steel Property, and declaring an emergency.

 
COUNCILMAN HERSHER - We signed or authorized earlier passed legislation earlier authorizing for this grant to be applied for it’s for an environmental assessment a second assessment out at the old Republic site.  The grant has been approved this is just simply to allow the director to sign the grant agreement.  So having not heard any objections at the work session and knowing that we already passed legislation really in spirit to go forward with this grant so I’d like to make a motion to bring Ordinance No. 30 – 2011 forward for the question of its passage.

COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Manson.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 30 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 31 B 2011                     BY:   RULES, COURTS & CIVIL SERVICE COMMITTEE

Establishing procedures to determine the lowest and best bid for the construction of public improvements in the City of Massillon, Ohio and to allow the use of Project Labor Agreements for the construction of certain public improvements in the City of Massillon.

 
COUNCILWOMAN CATAZARO-PERRY - First reading.

ORDINANCE NO. 31 – 2011 WAS GIVEN FIRST READING.  

ORDINANCE NO. 32 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Contract For Sale and Purchase of Real Property with First Merit Bank for the purchase of 0.050 acres of Right of Way for the 2011 Intersection Improvement Project, and declaring an emergency.

 

COUNCILMAN PETERS – I’ll allow the Clerk to read the titles of the next four ordinances but they all pertain to the same thing.  They’re for the purchase of real property, real estate for the intersection of 27th Street, the intersection project the need to purchase the property so that you know they’ll be putting in new poles and so forth.  They need to purchase easements for that.  So I intend to bring all of them forward for passage. 

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend.

COUNCILMAN HERSHER - Although I don’t work for any of the departments or offices impacted by Ordinance No. 32 – 2011 after speaking to the law director I move that I be excused from voting on this particular ordinance due to the fact that I am employed by First Merit.  Seconded by Councilman Manson.

COUNCIL PRESIDENT GAMBER   - I’m assuming that the rules will be suspended and we’ll vote tonight if not this motion will apply for whenever we do vote on these.

COUNCILMAN HERSHER B Thank you.

COUNCIL PRESIDENT GAMBER   - Alright we need a roll call vote to excuse Councilman Hersher please. 

Roll call vote of 8 yes to excuse Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 32 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 33 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Contract For Sale and Purchase of Real Property with Lincoln Company for the purchase of 0.019 acres of Right of Way and Temporary Easement for the 2011 Intersection Improvement Project, and declaring an emergency.

 

COUNCILMAN PETERS – I might have failed to state this and just for the record the reason this is three different ordinances is because there’s three different companies that we are purchasing the property from.  This one here is Lincoln Company.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 33 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 34 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Contract For Sale and Purchase of Real Property with Giant Ohio, LLC for the purchase of 0.041 acres of Right of Way and Temporary Easement for the 2011 Intersection Improvement Project, and declaring an emergency.

 

COUNCILMAN PETERS – I just have one question and I’m not being picky but is it Giant Ohio or Grant Ohio? 

COUNCIL CLERK BAILEY - Giant Ohio.

COUNCILMAN PETERS – Okay, the legislation says Grant.

COUNCIL PRESIDENT GAMBER   - We’ll call that a typo everyone please change Grant to Giant. 

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 34 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 35 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign a LPA Federal Local-Let Project Agreement with the Ohio Department of Transportation for Improvements to the Intersections of SR 241 (Erie Street) and Tremont Avenue and SR 172 (Lincoln Way East) and 27th Street/Jackson Avenue, and declaring an emergency.

 

COUNCILMAN PETERS – This is just what it says to authorize the Director of Public Service and Safety to sign the LPA Federal Project Agreement with the Ohio Department of Transportation for the intersections of SR 241 Erie Street and Tremont Avenue and SR 172 and 27th Street/Jackson Avenue, declaring an emergency.   

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 35 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 36 B 2011                     BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the 16th Street Project Fund, Wastewater Treatment Capital Improvement Fund and the 2105 Stormwater Utility Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have three parts here.  First part is for $85,334 and that’s the funding for the funds to purchase the land that Mr. Peters was just talking about at those intersections.  The second part of this is for $24,500 from the unappropriated balance of the Wastewater Treatment Capital Improvement Fund.  This amount is needed to cover the cost of replacing two mixers for the sludge blending tanks.  The third part is for $5,860 please appropriate from the unappropriated balance of the 2105 stormwater utility fund to account entitled storm sewer repairs.  These funds are needed to complete the inspection of the Wetmore Creek conduit that runs from Erie Street S to the Tuscarawas River as part of the levy infrastructure improvement project that is mandated by FEMA.  If there’s any questions we can bring the engineer up he can answer the questions for you.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 36 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 37 B 2011                     BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, and enter into contract upon award and approval of the Board of Control, with the lowest and best bidder for various items needed for the use in various departments of the city, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, everybody should have two sheets explaining the list of different purchases that we intend to make some for the street department, some for the wastewater treatment department and some for the parks and rec.  If there’s any questions I will try to answer them for you. 

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 37 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 38 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract for the work, supplies or materials for the emergency repair of Erie Street South without the necessity of formal bidding or advertizing as authorized in ORC 735.051, and declaring an emergency.

 

COUNCILMAN PETERS – The communication though is on 39 isn’t it because that’s the letter is that what you’re talking about?  Oh I’m just screwed up like normal.  Ordinance No.38 – 2011 as we all know pertains we might not all know but pertains to Erie Street South.  Last week when the flooding occurred it washed out a portion of Erie Street.  So we of course we immediately had to respond to this and that’s why we took out the necessity of formal bidding just because we had to get somebody in there to do the repairs.  This is the ordinance permitting them to do so.  If there’s any questions we can call the safety service director or the engineer up to ask them the questions if we have any.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 38 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 39 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the grant agreement with the Ohio Public Works Commission for the Erie Street South Repair Project, and declaring an emergency.

 

COUNCILMAN PETERS – This ordinance also pertains to Erie Street South and this is to sign the grant and accept it from the Ohio Public Works.  I’m holding the letter from them which it states that they’re pleased to inform us that our request for emergency funding for Erie Street South Repair Project has been approved and has been approved for the amount of $106,475.  It represents 90% of the project’s total estimated cost of $118,305.  If there’s any questions again we could…

COUNCILWOMAN CATAZARO-PERRY  - What account will the 10% the $11,000 be coming out of?  Could we have the engineer to the podium please?

ENGINEER DYLEWSKI – We’ll be working the auditor’s office it will either come out of 1206 municipal road or it could also come out of the stormwater utility account. 

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 39 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT GAMBER   - Mr. Peters, do you know when this will be completed or should we ask the engineer that?

COUNCILMAN PETERS – I say ask the engineer.

COUNCIL PRESIDENT GAMBER   - Mr. Engineer, do you have if you please.  I know a lot of people would like to know the timetable.

ENGINEER DYLEWSKI – It’s obviously weather dependant and we’re hoping to get it by the end of the week this week.  So we’re working quick and making good progress. 

COUNCIL PRESIDENT GAMBER - B Thank you.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A.  Repository - $431.28

COUNCIL PRESIDENT GAMBER - Mr. Manson?

COUNCILMAN MANSON B I move that we pay the bill, seconded by Councilwoman Catazaro-Perry.

Roll call vote of 9 yes to pay the bill.

10.  REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR FEBRUARY 2011. B COPY FILE
B). AUDITOR SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 B COPY FILE

 

COUNCIL PRESIDENT GAMBER - Thank you, we will need a motion Mr. Manson to accept the auditor’s report.

COUNCILMAN MANSON B I move that we accept the auditor’s report, seconded by Councilman Hersher.

Roll call vote of 9 yes to accept the auditor’s report.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER - Next Monday the 14th will be the regular committee sessions.  Is there anyone has a report or resolution or a request regarding next Monday.  Councilman Slagle?

COUNCILMAN SLAGLE B Not regarding Monday but reminding council that the rec. board meets on Thursday at 3:00pm and the public. 

COUNCIL PRESIDENT GAMBER B Councilwoman Catazaro-Perry, was I supposed to mention or were you supposed to mention anything about Bricker and Eckler?

COUNCILWOMAN CATAZARO-PERRY  - I don’t believe so.

COUNCIL PRESIDENT GAMBER - Okay.

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDARTABLED FROM FEBRUARY 22, 2011

ORDINANCE NO. 10 B 2011                     BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON B Yes, this was tabled last week at the third reading.  We’ve been discussing it for about eight weeks now.  This is the ambulance any questions we have the fire chief here if not I intend to move it forward.

COUNCIL PRESIDENT GAMBER - Are there any questions for Mr. Manson or the fire chief?  Mr. McCune?

COUNCILMAN MCCUNE - More for the law director.  Mr. Stergios, as you know we have some legislation pending to create a fund within the emergency transport.  My question is should we pass that and we begin putting money into that fund will be able to withdraw money from to pay for this ambulance at a later date.

LAW DIRECTOR STERGIOS – As long as you appropriate it I don’t see why you couldn’t.  I don’t know if that’s really a question for me or the auditor, but you still have to appropriate it out of the fund to pay the bill I believe. 

COUNCILMAN MCCUNE - Well there was some question at the work session last week as to whether we could actually do that or not.  So I wanted to make sure that we had a legal opinion.

LAW DIRECTOR STERGIOS – I don’t think it’s any different than if you put money in a capital improvement fund now for like we do for the regular general fund you still have to have an ordinance come forward to buy a police car or to appropriate that money.  I think.

COUNCILMAN MCCUNE - Because this is going to be like a previous purchase to that becoming law there was some question as to whether we would actually be able to go back take money out to apply to something that we had already purchased?

LAW DIRECTOR STERGIOS – I think you still have to appropriate it.

COUNCILMAN MCCUNE - Okay, thank you.

COUNCILMAN MANSON moved to bring Ordinance No. 10 – 2011 for a vote, seconded by Councilwoman Catazaro-Perry.

ORDINANCE NO. 10 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 13 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC AND SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Intersection Improvement Project, in the City of Massillon, and declaring an emergency.

 

COUNCILMAN PETERS - This is like the Council Clerk said this is to advertise for and receive sealed bids this is the for the same intersection project that we just passed the ordinance for on 35 – 2011.  I’m going to ask that we bring forward for its passage.

COUNCILMAN PETERS moved to bring Ordinance No. 13 – 2011 forward for its passage, seconded by Councilman Mang.

ORDINANCE NO. 13 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 14 B 2011                     BY:   STREETS, HIGHWAYS, TRAFFIC AND SAFETY

Amending Chapter 905, Construction of sidewalks and curbs; Chapter 907, Sidewalks contractors; and Chapter 919 Sidewalk Replacement Program, of part Nine, Title One of the Codified Ordinances of the City of Massillon, and declaring an emergency.

 

COUNCILMAN PETERS - We have amendments to this ordinance Mr. President, guide me through this.  We’re going to make amendments and bring this ordinance back to first reading.  I don’t have the amendments in front of me of course that’s why I’m taking it back to first reading so they can be discussed at our work session on Monday.

COUNCIL PRESIDENT GAMBER - Alright, now correct me if I’m wrong Mr. Townsend all the members received a copy?  (Yes)  Alright, Mr. Law Director, have you seen the amendments?  (No, not yet)  Alright, you need a motion to amend the ordinance with the language that everyone now has.  It then reverts back to first reading.  The suggestion from the president would be that you hold off until work session so that the law director can take a look at it for legal sufficiency. 

COUNCILMAN PETERS B Okay, but this is up for third reading tonight so…

COUNCIL PRESIDENT GAMBER - Well if you make a motion to amend this goes right back to first reading.  (Okay)  Then you would have the option tonight to suspend and pass or to just give it first reading.

COUNCILMAN PETERS B No, that’s I want to give it first reading.

COUNCIL PRESIDENT GAMBER - So we need a motion to amend Ordinance No. 14 with the language provided.

COUNCILMAN PETERS moved to amend Ordinance No. 14 – 2011 with the language provided, seconded by Councilman Townsend.

Ordinance No. 14 – 2011 was amended by a roll call vote of 9 yes.

COUNCIL PRESIDENT GAMBER - The amendments have been accepted Ordinance No. 14 – 2011 is now at first reading Mr. Peters.  I would imagine you would like to give it first reading.

COUNCILMAN PETERS - Yes, first reading.

ORDINANCE NO. 14 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 22 B 2011                     BY:   FINANCE COMMITTEE 

Appropriating money for current expenses and other expenses of the City of Massillon, Ohio, for the fiscal year ending December 31, 2011, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER - Mr. Manson, may I make a suggestion that we defer this until the last item on the agenda tonight?  We do have several items its up to you?

COUNCILMAN MANSON – Go ahead that’s fine.

COUNCIL PRESIDENT GAMBER - is there any objection to holding this off to the last item?  Simply because there will probably be a lot of discussion.

COUNCILMAN ANDERSON –  I don’t even know if I’m doing right or not but I’ve got a question about something that was done previous on up to the thing there.  Unless my hearing left me I could have sworn that when somebody asked for to waive the rule and everybody said okay and then they said the whole thing was passed.

COUNCIL PRESIDENT GAMBER - What ordinance are we talking about?

COUNCILMAN ANDERSON – 10.

COUNCIL PRESIDENT GAMBER - Okay, Ordinance No. 10 had received it third reading and was tabled.  By bringing it up tonight we don’t need a motion to suspend we only need a motion for the question of passage. 

COUNCILMAN ANDERSON – But I thought that’s what was asked for was to waive the…

COUNCIL PRESIDENT GAMBER - The Clerk may have misstated and then I…

COUNCILMAN ANDERSON – To waive the rule on that.

COUNCIL PRESIDENT GAMBER - I corrected believe that it was third reading.  But it is third reading and there are no rules to waive.

COUNCILMAN ANDERSON – No I understand that but that isn’t what I heard. 

COUNCIL PRESIDENT GAMBER - We corrected that.
 
15.  SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 24 B 2011                     BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township, R-2 Single and Two Family Residential to R-3 Single Family Residential. 

 

COUNCILMAN MANG - There will be a public hearing on Monday, March 21st at 7:20pn.  This has to do with the Sibila recent annexation and we’re now putting it on a designation as a city property.

ORDINANCE NO. 24 – 2011 WAS GIVEN SECOND READING.

ORDINANCE NO. 25 B 2011                     BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas and Oil Lease with Lake Region Oil, Inc., for a 1.7 acre parcel owned by the City of Massillon, and declaring an emergency.

 

COUNCILMAN ANDERSON - We talked about this in the last meeting does anybody have any questions on this?

COUNCILMAN SLAGLE - I have no questions but well this is only a monetary decision on our part I still believe that we as a council have a duty to the citizens to always review any legislation that comes in regarding hydro fracking, hydraulic fracking whatever they want to call it.  I think we ought to look at in the future I think Mr. Boerner said that this is not involving the horizontal fracking but he did make a statement that concerned me when he said that they use as much water which therefore would also produce as much byproduct per acre doing what they’re doing with just the vertical fracking process.  I certain would think that we as a council would want to look and make sure that everything is done on a countywide, statewide level to ensure that the procedures being done by the industry in this area is not damaging to our environment and particularly our water table.  That’s you know there are two sets of views on this process and certainly enough questions have been raised that we as legislatures on the most basic level have a right to question those activities and raise issue with them when they come to our attention and I think we should do so.  So…

COUNCILMAN MCCUNE - I agree totally with Councilman Slagle and I also because this is the first that has come before us that sits solely on industrial property rather than residential it will be the first that I actually support.  My concerns are as they’ve always been that the city has been stripped of the ability to have any say and where and when drilling takes place within its boundaries.  That decision making process has been given to the Ohio Department of Natural Resources which I believe at times do not have the best of the residents of any city or any municipality in mind so I do believe that its something that this body even though it’s a monetary issue I do believe that every time something like this comes before us we are honor bound to do our due diligence and continue to ask our state representatives and senators to reconsider their position on having that decision making process holey and solely made by the Department of Natural Resources rather than the city’s municipalities that this may or may not take place. 

COUNCILMAN MANG - Yes, I agree with Dave in respect that I already have one area of the city up in the northeast section that the people in the area are quite upset with the fact that there will be or could be a well drilled.  They didn’t realize all the possibilities of a well being drilled on that piece of property and what it might affect them.  So they’re hoping that either this body or the state will change its venue and come back to the city and leave the city make some determination and for those reasons I’ll be voting no.

COUNCILMAN TOWNSEND - I would just like to make a comment I don’t think that this body should wait to consult with senators or governors to put a stop to these oil drills, oil wells.  I think we need to start sending a message that you know we’re much tired of these oil wells invading the city.  My question is when will they stop?  They’re coming by the numbers, there’s one right smack in the neighborhood that I represent next to a church and about 20 yards away from a home.  So I agree with Councilman Mang there’s a lot of people in the city who are concerned about the high number of wells coming into the city.  I am concerned also.  So with that said tonight I will be voting no as well.

COUNCILMAN SLAGLE - I want to follow up on one comment too is that I think we on this level unlike too often when you get up to the next level of legislatures of the state and then even higher in congressional and the senate.  We frankly I think have a better grasp on what’s happening in our community then anyone else does number one.  Number two, I think we are I’d be shocked if we are ever influenced by politics on a decision like this.  I don’t think that’s true on the levels above us.  I think the levels above us too often are influenced not by factual information that’s been provided to them.  But by the influence of corporate America has a great deal of money to spend for the purposes of creating profit in that regard.  I think we at this level have an absolute duty to do as much as we can to protect our citizens, our environment, our water and our land and too often levels above us have not done that.  Now I’m not suggesting that the industry in this case is misleading us but I only point out that there’s been numerous circumstances in which industry has in fact mislead America, the American public and in doing so also misled our congressional leaders and those at the state level to do things that they probably would should not have done but for the fact they were influenced by that money.  So unlike Mr. Peters I think basically we don’t have to be running for higher office to protect the rights of the community in which we are living.

COUNCILMAN PETERS - Glad you got that off your chest.

COUNCILMAN MANSON - I just suggest that you maybe give it second reading and we can continue discussing it for a while.  Looks like we had more discussion that we had any other time.

COUNCILMAN MCCUNE - In the past I’ve because of my concern over the cities and municipalities being stripped of their right to have any say in this.  I have asked other members all members of this body to follow my lead and to contact state and congressional representatives to voice our concerns to attempt to try to have that decision making process reverted back to the cities and municipalities that it was stripped from.  I would ask again as I have in the past that every member of this body that feels that we should be involved in that decision making process that you do write your letter.  Because regardless that decision of giving it back to us has to take place at the state level.  So the only way we can do that is to implore our representatives at that level to consider bring legislation forth and supporting legislation that would bring that back to the city and municipality level.  I’ve had contacts with other cities that have similar concerns and their councils have done so and I would just implore that this council do the same. 

COUNCILMAN TOWNSEND - You know I don’t think we as a body can convince anyone in Columbus that we are against these whether they’re constantly passing and being erected in the city.  I think the only way we can influence anyone in Columbus is if we truly believe that these wells too many are being built in the city.  We all as a body vote no.  I think it starts with that that’s it. 

COUNCILMAN MANSON - Yes, back to where I think we should give it second reading but I’d like to ask the law director to give us any legal information for our next committee meeting if we don’t pass this tonight.  I would just like to ask him for a legal if this doesn’t pass I would just like him to supply us the information that gives the state the right to do that.

COUNCILMAN ANDERSON - After listening to everyone I think as a body we all agree 100% as a body that we’re all against someone coming in and drilling.  I think we do agree the majority of council that we’re kind of against this particular drilling in our city and what it does and how it does and everything else.  I am too but unfortunately that is not the issue before us on whether we should or shouldn’t drill.   That doesn’t have anything to do with it big picture small picture nothing.  The paperwork says that the only thing in front of us are the dollars and the cents.  The 12.5% out of every dollar that comes out of that ground we get if we vote for it we get that 12.5%.  If we vote against it we get nothing now that’s the issue before us not whether we should drill or not drill but the dollars coming out of the ground.  That’s the only issue that’s before us possibly when this whole issue came in and the permits were granted so forth and so on possibly we should have been made aware that this was going on at the time so we could protest and call our congressman and our legislatures down in Columbus and whatever have you.  But it got passed all of that and it came to us as legislation for the dollars only not the drilling.  That’s my understanding on it I think.  That’s the only reason why I have made the statements that I have is because I’m going to tell you I’m against the drilling but I’m for the money.  They’re going to drill we don’t have a choice unless I’m wrong but I think its already been they are going to drill.  Are we going to collect the money for their bad deeds?  I don’t know we have to decide what we’re going to do here.  But I’m going to give this a second reading so we can talk about it at a future committee meeting. 

ORDINANCE NO. 25 – 2011 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT GAMBER - Mr. Manson, if you would get with the law director to give him more direction on what to bring.

COUNCILMAN PETERS - Point of order, that was for third reading.

COUNCIL PRESIDENT GAMBER - No second reading.

 ORDINANCE NO. 26 B 2011                    BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Accepting the dedication plat for the Sterilite Street SE Extension on Out Lot 717 and Part of Out Lot 753, a 0.835 acre parcel that would extend existing Sterilite Street SE approximately 177 feet to the south and 192 feet to the west, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency.

 

COUNCILMAN PETERS - This ordinance is accepting the dedication plat for the Sterilite Street SE Extension on Out Lot 717 and 753 if there aren’t any questions I’m going to move it forward for its vote tonight.  If there are any questions we can call the engineer up to answer them.  There hasn’t been any real discussion or anyone opposing this in our work sessions. 

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Mang.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 26 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 28 B 2011                     BY:   FINANCE COMMITTEE

Creating an account numbered 1401.325.1500 in which to deposit a percentage of funds received for EMS services, and declaring an emergency.

COUNCILMAN MANSON - Yes, this is an ordinance that we’ve set up to defer 10% of all the revenue that’s collected by the transporting the fire department transporting.  It would go to a capital improvement fund within the fire department for equipment purchases to be used by the Massillon Fire Department.  There were two highlighted areas were incorrect in the first ordinance that went out and that’s why that’s highlighted.  It says Massillon EMS Capital Improvement and it did say fund before we already have a fund we don’t need another fund.  It’s retroactive to January 1st this year. 

COUNCILWOMAN CATAZARO-PERRY - Not really a question just a comment I think that we’re starting this at a very good percentage we could have gone higher but I don’t think it was as conservative as we could be.  I think 10% is a good number to start at and as we gain revenue from transporting we can possibly increase that throughout the year.

COUNCILMAN MCCUNE - I would like to call the law director forward again please.  Perry, do you have copy of this that you can look at and refer to?  (It’s over there but I know what it says)  Section 1, the reason I of this the reason I ask you the original question because I had you up here before it was section 1 talks about future capital purchases.  I would like to make sure that we can apply this fund to the purchases such as the ambulance that we passed tonight as we get money into that fund.  So if we need…

LAW DIRECTOR STERGIOS – Any type of capital equipment that you purchase in the future if you appropriate the money out of this fund you could use it to pay for it.

COUNCILMAN MCCUNE - I understand future but I’m talking about the purchase that we justified tonight that we passed tonight.  Can it be applied to that?  (Yes)  Okay. 

LAW DIRECTOR STERGIOS – Yes, if you appropriate the money to pay it.

COUNCILMAN MCCUNE - Okay, well I well maybe I’m just hung up on the verbiage but I was worried about it specifically saying future.

LAW DIRECTOR STERGIOS – I got you I see where you’re coming from.  No, this we’re going to have payments come due you can use it for this one too.  Yeah, that doesn’t change that part of it.

COUNCIL PRESIDENT GAMBER - Are there anymore questions for the law director?  Mr. Townsend?

COUNCILMAN TOWNSEND - Yes, my question is the law director stated that we would have to appropriate the money will we have to present an ordinance or resolution in order to do that?

LAW DIRECTOR STERGIOS – I would think it would be in your standard like when we appropriate money from the general fund to the police and fire salary, to pay bills this money we would have to appropriate money out of this fund that you just created to put where ever we to pay the bill.  Wouldn’t we Jayne, I mean these are auditor questions they’re really not I’m not complaining but you still have to move it to pay I think.

COUNCILMAN TOWNSEND - But an ordinance would have to be in place so someone wants this money to be appropriated over so someone would have to come up and create an ordinance for that?

LAW DIRECTOR STERGIOS – I think so.

COUNCILMAN TOWNSEND - Okay.

COUNCILWOMAN CATAZARO-PERRY - Well, I just wanted to continue I forgot a piece of my comment is that once we put this money in the fund we can no longer take it back out for salaries.  We all need to understand that this is just for capital improvements once this has begun.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 28 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT GAMBER - Now we will return to Ordinance No. 22 – 2011

ORDINANCE NO. 22 B 2011                     BY:   FINANCE COMMITTEE 

Appropriating money for current expenses and other expenses of the City of Massillon, Ohio, for the fiscal year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – It’s third reading that’s it. 

COUNCIL PRESIDENT GAMBER - is that a motion?

COUNCILMAN MANSON – Yes.

COUNCILMAN MANSON moved to bring Ordinance No. 22 – 2011 for passage, seconded by Councilman Hersher.

COUNCILMAN SLAGLE – I’d like to make a motion?

COUNCIL PRESIDENT GAMBER - Mr. Slagle, what’s your motion?

COUNCILMAN SLAGLE – I believe that this budget which is the Mayor’s budget requires some input from the Mayor tonight and I understand that he’s quite ill which is why he’s not here.  A budget in itself is just numbers on a piece of paper it doesn’t tell it much we know that we’re not funding two areas in which we are absolutely certain have great deals of expenditures in those two areas.   The Mayor may have a logical explanation for that which he has not shared with us to date.  I think we owe him the courtesy frankly of having him being here to give us that so I move that we table it….

COUNCIL PRESIDENT GAMBER - Well, before you make the motion may I make a comment that the ordinance has to be in place by the last day in March or the first day of April.  Is that correct, Mr. Law Director?  (Yes)  Alright, just out of curiosity will all of you be here at the next meeting or be prepared to go to a special meeting?  Once Mr. Slagle makes his motion we’re going to have to vote on it.  So make your motion if you want to make your motion.

COUNCILMAN SLAGLE moved to table until the next meeting, seconded by Councilman Townsend.

ORDINANCE NO. 22 – 2011 UNTIL MARCH 21, 2011 BY A ROLL CALL VOTE OF 5 YES, 4 NO.   ANDERSON, MANG, MANSON AND PETERS VOTED NO.

16.  NEW AND MISCELLANEOUS BUSINESS

  • REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA

 

18.  ADJOURNMENT

COUNCILWOMAN CATAZARO-PERRY I move that we adjourn, seconded by all.

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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