MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MARCH 18, 2013
 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, March 18, 2013.  We have in attendance tonight Interim Safety Service Director Jim Johnson, Law Director Perry Stergios, Building Official Bill Kraft, Budget Director Ken Koher, Police Chief Keith Moser, Interim Park Director Doug Nist, Auditor Jayne Ferrero, and City Engineer Keith Dylewski.  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 to vibrate.    

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Sarita Cunningham-Hedderly, Nancy Halter, Quenessa Hampton, Ed Lewis, Donnie Peters, Andrea Scassa and Larry Slagle.

Thus giving a roll call vote of 7 present.

COUNCIL PRESIDENT TOWNSEND Seven present, Mr. Peters, I would like to make a motion to excuse Councilman Manson and Councilman Chovan.

COUNCILMAN PETERS I have to make the motion.

COUNCIL PRESIDENT TOWNSEND I’m asking you for the motion.

COUNCILMAN PETERS Oh, okay.  I’d like to make a motion we’ll do them one at a time.  I’d like to make a motion that we excuse Councilman Manson from tonight’s meeting.  Seconded by Councilman Slagle.

Councilman Manson was excused from tonight’s meeting by a roll call vote of 6 yes, 1 no.  Peters voted no.

COUNCIL PRESIDENT TOWNSEND For Councilman Chovan.

COUNCILMAN PETERS I’d like to make a motion that we excuse Councilman Chovan from tonight’s meeting.  Seconded by Councilman Slagle.

Councilman Chovan was excused from tonight’s meeting by a roll call vote of 6 yes, 1 no.  Peters voted no.

2. INVOCATION

COUNCILMAN SLAGLE Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN SLAGLE – Chairman of the Parks and Recreation Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - Madame Clerk, are the minutes of the previous meeting transcribed and open for public viewing?  (Yes, they are)  Are there any additions or corrections to the minutes?  If not the minutes stand approved as written.     

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

COUNCIL PRESIDENT TOWNSEND – This is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak on something that is on the agenda please come to the microphone at this time and give your name, address for the record the topic you want to discuss at this time.  Seeing no one we’re now at item 6 introduction of ordinances and resolutions. 

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 28 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with R.T. Hampton Plumbing & Heating, Inc., to provide an economic development “incentive grant” to assist the company in moving its operations to Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  We discussed this at last week’s work session.  R. T. Hampton Plumbing & Heating, Inc., would like to relocate to Massillon and the city has offered a $7,500 incentive grant.  I believe at the work session I was the only one that had a question pertaining to the grant and that essentially was what type of strings were attached to this grant or any requirements.  I have spoke to Ted Herncane who explained to me that upon the company and this goes for the second grant as well but upon the company moving to Massillon they do have to send an invoice to Ted who then checks out to make sure that these were for moving expenses.  The way the agreement is termed it’s more less a deferred loan and the company has to abide five years with being in Massillon and obviously being in business in Massillon.  If they close or move out of Massillon before that five years expires there’s a certain percentage that they will owe back to the city.  If they stay up and running in Massillon for five years then they get that money free and clear.  So that was the question I had I don’t know if anyone else was concerned about that but if no one has any other questions I would like to bring this forward tonight for a vote.  I don’t know if anyone had any questions based on anything I just said. 

COUNCIL PRESIDENT TOWNSEND – Okay, you already made your motion.  I need a second.  Councilman Lewis?

COUNCILMAN LEWIS – I second.

COUNCIL PRESIDENT TOWNSEND – Roll call.

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 28- 2013 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 29 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with Atlas CDL Testing Co., to provide an economic development “incentive grant” to assist the company in moving its operations to Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  Again, I will be making a motion to suspend the three readings and bring this forward.  This grant is for Atlas CDL Testing Co., and it’s an economic development incentive grant in the amount of $5,000. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  You’ve made your motion to waive the rules, seconded by Councilman Lewis. 

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 29 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 30 - 2013                      BY:   PARKS AND RECREATION COMMITTEE

Establishing the new 2013 membership rate schedule for fees to be charged at The Legends of Massillon Golf Course, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President.  Mr. Nist is here although this is the rate schedule that was approved at the October 12th meeting of the Massillon Rec. Board.  It was presented at that time by Mr. Straughn and Mr. Max Baker.  As we discussed in the work session its mainly an increase in rates during the peak periods of golf and also an increase in rate in the senior rates particular senior rates that occur after that peak time or during that peak timeframe and after.  In both instances the golf course rates are significantly less than many other courses in the area.  They felt it was necessary for the increase revenue at the golf course its in line with other golf courses and it’s necessary for the continued financial well being of the golf course and the rec. department.  Mr. Nist is here should anyone have any questions but I would hope we could get this passed so that we can get it on the within the advertising because they’re still on spring rates now but that will change soon. 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter?

COUNCILWOMAN HALTER – I do have a question on the title and section one it says its membership rate schedule should that membership or just rate?  It says establishing the new 2013 membership rate schedule.

COUNCILMAN SLAGLE – Mr. Nist?

COUNCIL PRESIDENT TOWNSEND – Mr. Nist, would you like to come up and answer that?

INTERIM PARK DIRECTOR NIST – Good evening.  Yes, it is not for membership its just standard rates, yes.  The season passes did not change we’re in line with other courses in the surrounding area with our season pass rates. 

COUNCILWOMAN HALTER – Thanks all I wanted.

COUNCIL PRESIDENT TOWNSEND – Okay, anymore questions for Mr. Nist? 

COUNCILMAN PETERS – Not for Mr. Nist.

COUNCIL PRESIDENT TOWNSEND –Thank you.

INTERIM PARK DIRECTOR NIST – Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – I’d like to bring the law director up real quick.

COUNCIL PRESIDENT TOWNSEND – Pertaining to this?

COUNCILMAN PETERS – Yeah, no, to the next three ordinances. 

COUNCIL PRESIDENT TOWNSEND – Never know with about you, just never know, just never know.

COUNCILMAN PETERS – Mr. Stergios, would you consider that a typo or would we have to what will we have to do there?

LAW DIRECTOR STERGIOS – Amend it.  I mean if you’re going to pass it tonight you might as well amend it.  Assuming that is granted suspend the rules and pass it.  I think it’s a typo but to be real clean when we’re dealing with this I’d rather just amend it.

COUNCILMAN PETERS – That’s my only question.

LAW DIRECTOR STERGIOS – Okay.

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – I would make a motion that we amend Ordinance No. 30 – 2013 to delete the word membership from the section 1. 

COUNCIL PRESIDENT TOWNSEND – Second by Councilman Lewis.  Councilman Peters?  Wait before I say something could I could I just add this if you’re not on the committee please do not raise your hand.  I don’t have my list up here I don’t know who sits on what committee and if you’re not on that committee you know what committee you’re on and if you could just be so kind and not to raise your hand when you’re not on the committee for the second.  Thank you.

COUNCILMAN PETERS – With all due respect Mr. President there’s no place in the rules that says you have to be on the committee to make a second to a motion. 

COUNCIL PRESIDENT TOWNSEND – Everybody knows who’s on we’ve been doing this for a long time Mr. Peters you know it.  If you’re not on the committee why raise your hand.  I mean really are you, you’re raising your hand for the second?  Okay, Councilman Peters seconded.

Roll call vote of 7 yes for the amendment. 

ORDINANCE NO. 30 – 2013 WAS AMENDED BY A ROLL CALL VOTE OF 7 YES.

COUNCIL PRESIDENT TOWNSEND – Okay, we just made the amendment so it goes back to for passage.

COUNCILMAN SLAGLE – Yes.

COUNCILMAN SLAGLE moved for suspension of the rules and passage.

COUNCIL PRESIDENT TOWNSEND – seconded by Councilwoman Halter who I know is on the committee.

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 30 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 31 - 2013                      BY:   STREETS, HIGHWAYS, TRAFFIC & 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 various items needed for the use in various departments of the city, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Hampton?

COUNCILWOMAN HAMPTON – Thank you, Mr. President.  We discussed this legislation at last Monday night’s work session.  This is simply going out to bid and enter into contract with the best price for various items needed in the various departments such as Street Department, Wastewater Treatment Plant, Park and Recreation Department and the Legends Golf Course.  Along with the ordinance are the attachments listing the various items that will be going out for the bid.  The engineer is here if anyone has any questions we can have him come up to answer the questions.  If not I intend to move for suspension and passage of this ordinance this evening.

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions?  Councilman Lewis?

COUNCILMAN LEWIS – Yes, I guess can I have the city engineer forward please? 

ENGINEER DYLEWSKI – Mr. President, members of council, Mr. Lewis?

COUNCILMAN LEWIS – Thank you, the only question I have about this is you know in light of the recent events where we read in the newspaper over the weekend that some members of the street department were laid off and it was stated I can’t remember if you stated or the mayor stated or both stated it that there’s no money for the personnel or for the materials to take care of the streets.  If that’s the case then why am I going to agree to send out to bid to get materials that we don’t have the money to purchase?

ENGINEER DYLEWSKI – Well actually the statement you refer to is Mr. Koher, but…

COUNCILMAN LEWIS – Okay, I was getting there but somebody…

COUNCIL PRESIDENT TOWNSEND – I can call Mr. Koher up I spoke with him earlier.

ENGINEER DYLEWSKI – We still have to we still need all these other departments’ needs to purchase materials throughout the year.  Even if we you know we’re not locked in and committed this is as needed.  So its not like we’re you know since we have a quantity for asphalt its not we have to go purchase that amount of asphalt its just as needed throughout the year.  So it just gives us the best price to when go to secure those items.

 COUNCILMAN LEWIS – So these bids would be able to be lasting as you’re stating all year long and then as council and the administration address the financial issues that face our streets these bids will still be good at a later date if money becomes available.

ENGINEER DYLEWSKI – Yeah, its for a year so like we said you know we’re not we don’t have to purchase anything.  This is just getting us the best price to if we need to purchase any item on the list.

COUNCILMAN LEWIS – Alright, thank you.

ENGINEER DYLEWSKI – Sure.

COUNCIL PRESIDENT TOWNSEND – Okay, I’d still like to call up Mr. Koher. 

BUDGET DIRECTOR KOHER – Good evening, council, Mr. President.  Yeah, what you referred to in the newspaper wasn’t accurate reporting of what was said to the newspaper there.  We have money left for street repairs in the street department there.  It’s just that the rate of spending is exceeding the 12 months on a prorated basis there.  So right now we’re at about well at the end of February we’re at 30% of the combined budgets from the street department, street repair and supplies accounts there.  So at that rate we’ll run out of money probably mid way through the third quarter. 

COUNCILMAN LEWIS – Okay, but we do have funds do you know how many funds we do have address the issue?  I mean some of our streets are getting pretty rotten around town.  Do we know how much we have and how that will be assist us in actually using this money that we’re bidding with?

BUDGET DIRECTOR KOHER – Yeah, that’s a moving target because the bills are being paid every week.  We can get an update on that information for the work session if so desired there.  But there’s money left for potholes and that its just that at the rate of spending needs to slow down and along with the layoffs that were mentioned there we won’t have enough money to buy materials to keep you know 14 people busy there.  So that’s part of the reason. 

COUNCILMAN LEWIS – Alright, thank you.

BUDGET DIRECTOR KOHER – Thank you.

COUNCILMAN LEWIS – I guess the only comment that I will make is that I don’t intend to stop tonight if Quenessa or Ms. Hampton, I’m sorry, would like to move forward with the legislation you know I don’t see a problem.  I do agree with the city engineer its best to get the bid out there and get us a quote and a price.  However, I would think that at our next work session that would do us well to evaluate and see if we need to reallocate funds or something because as a city our primary thing is safety with police and fire and then taking care of things such as the streets.  If we can’t take care of the streets and the police and the fire then we need to look at how we allocated funds and make sure we take care of our foundation before we start funding other areas of the city.  Just something for us to think about and hopefully we can address it at the next work session.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Are there anymore questions?  Councilwoman Hampton has made her motion to waive the rules.  May I have a second?  Second by Councilman Peters.  Roll call.

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 31 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 32 - 2013                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund, Income Tax Capital Improvement Fund, Economic Development Fund, Local Law Enforcement Trust Fund, Local Law Block Grant Fund and the Insurance Fund, for the year ending December 31, 2013, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has six sections.  I will go through them one at a time.  Section 1, appropriate from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund for the year ending December 31, 2013 the following: $100,000 to an account entitled Capital Supplies and $23,972 to an account entitled Capital Supplies.  Section 2, appropriate from the unappropriated balance of the Income Tax Capital Improvement Fund, for the year ending December 31, 2013, $30,217.15 to an account entitled Lease Purchase.  Just a time saver these are all for the year ending December 31, 2013 I won’t say that every time, okay.  Section 3, appropriate from the unappropriated balance of the Economic Development Fund, $7,500 to an account entitled Services and Contracts, $5,000 to account entitled Services and Contracts.  Those are the two amounts for the community development ordinances that Councilwoman Scassa read earlier, 28 and 29.  Section 4, appropriate from the unappropriated balance of the Local Law Enforcement Trust Fund, $8,367.78 to an account entitled Supplies, Materials and Postage, $852.46 to an account entitled Supplies, Materials and Postage.  Section 5, appropriate from the unappropriated balance of the Local Law Enforcement Block Grant Fund, $4,224.76 to an account entitled Supplies, Materials and Postage.  Section 6, appropriate from the unappropriated balance of the Insurance Fund, $3,700 to an account entitled Employee Insurance.  Are there any questions?

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 32 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 33 - 2013                      BY:   FINANCE COMMITTEE 

Authorizing the Mayor of the City of Massillon, Ohio, to accept a Computer Technology Improvement Grant for the Massillon Police Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This, this is an ordinance to accept a computer technology improvement grant for the Massillon Police Department.  We discussed this at the work session.  This is to authorize the mayor to accept the computer technology improvement grant.  The amount of the grant is $7,531 the city’s match will be $836.78 which will come from the Local Law Enforcement Trust Fund.  Thus making the total amount of the grant $7,367.78, the award period for the grant is from February 1, 2013 to August 31, 2013.  The chief of police is here if there are any questions we can bring him up to answer them. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  Make your motion.

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 33 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 34 - 2013                      BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into Transportation Agreements between the City of Massillon safety forces and other political subdivisions safety forces of Stark County, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This is the council of the City of Massillon, Ohio, hereby determines it necessary in the public safety and interest to enter into a transportation agreements between the safety forces of the City of Massillon and the safety forces of Jackson Township, Perry Township, Canal Fulton and Beach City and Navarre, Brewster, Wilmot, Hills and Dales and Lawrence Township for the transport of defendants to and from court proceedings and to the Stark County Jail. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  What’s your motion?

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 34 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 7 YES.

ORDINANCE NO. 35 - 2013                      BY:   FINANCE COMMITTEE 

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement between the City of Massillon, Downtown Massillon Hotel, Ltd, and Charles Street Ltd., which would permit, if certain conditions are met, canceling the promissory note associated with the loan for the Hampton Inn project and release the related mortgages and any other liens related to the financing of the project.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  First reading for Ordinance No. 35 – 2013. 

ORDINANCE NO. 35 – 2013 WAS GIVEN FIRST READING.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A.  REPOSITORY - $514.80
B.  ENGRAVERS GALLERY - $99.75

COUNCIL PRESIDENT TOWNSEND – Thank you. 

COUNCILMAN PETERS – I’d like to make a motion that we pay the bills.

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Peters.  Seconded by Councilman Slagle.

Roll call vote of 7 yes to pay the bills.

COUNCIL PRESIDENT TOWNSEND – Thank you and the clerk will the pay the bills.  Thank you. 

10.  REPORTS FROM CITY OFFICIALS

A.  TREASURER SUBMITS MONTHLY REPORT FOR FEBRUARY 2013

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Are there any reports of committees or resolutions or request of council members?  Mr. Slagle?

COUNCILMAN SLAGLE – Yeah, regards to Ordinance No. 35 – 2013 I would request that the administration bring forward something regarding the fair market value of the inn currently.  Also what will happen in 2019 should the city continue to pay and pay off that final lump sum payment as to what recourse we have against the owners of the Hampton Inn.  Also I believe they should provide us something regarding the history of the income that has been coming into the Hampton Inn over the past several years particularly last year to see what status they’re in.  Because I think we should know whether they’ll be its really in the best interest of the city to take that step to let them purchase that amount of debt for 35 cents on the dollar.  And finally I think there should be some quick pro quo from the Hampton Inn if we’re giving that break.  I mean there’s got to be some reason they want to do that right now.  So…

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

COUNCIL PRESIDENT TOWNSEND – I do believe we did table an ordinance are there any discussions pertaining to that ordinance that we tabled?

COUNCIL CLERK BAILEY – We tabled it to April 15, 2013.

COUNCIL PRESIDENT TOWNSEND – Okay, we’ll move onto item 14 third reading of ordinances and resolutions.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 12 - 2013                      BY:   RULES, COURTS AND CIVIL SERVICE COMMITTEE

Amending Ordinance No. 3 – 2010 and all other ordinances inconsistent therewith by repealing Section 8, paragraphs (f)(1) and (f)(6), and enacting new Section 8, paragraphs (f)(1) and (f)(6), and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  This ordinance is finally up for third reading.  I don’t believe anyone has any questions at the last work session so I just will be bringing it forward for a vote tonight. 

COUNCIL PRESIDENT TOWNSEND – Any questions?  Roll call please.

COUNCILMAN PETERS – Gotta have a second.

COUNCIL PRESIDENT TOWNSEND – It’s third reading.

COUNCILMAN PETERS – Oh, I’m sorry I apologize.

ORDINANCE NO. 12 – 2013 WAS PASSED BY ROLL CALL VOTE OF 7 YES.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 22 - 2013                      BY:   PUBLIC UTILITIES COMMITTEE

To provide for water service to be furnished by Aqua Ohio, Inc., to the City of Massillon, Ohio, and the inhabitants thereof, and to regulate the rates under which water service shall be furnished in the City of Massillon, Ohio for and during the period from April 1, 2013 through December 31, 2016.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, second reading.

ORDINANCE NO. 22 – 2013 WAS GIVEN SECOND READING. 

16.  NEW AND MISCELLANEOUS BUSINESS

17.  REMARKS OF DELEGATIONS AND CITIZENS TO ITEMS NOT ON THE AGENDA

COUNCIL PRESIDENT TOWNSEND – Okay, now we’re at item 17, this is where anyone present that would like to speak on a topic that did not appear on the agenda.  If so please approach the microphone and give your name, address and the topic you wish to discuss. 

SCOTT GRABER – 1218 Tremont Avenue SW.  I’ll be very brief.  I’ve got excellent happy news for city council and the City of Massillon.  Reviewing some documents this afternoon I came across this City of Massillon budget adjustment transfer form executed on the 3rd of March, 4th of March.  Which has a current unencumbered balance in the salary line item 130.2111 of the deputy clerk of courts salaries a $655,828.35.  3rd of March being the 63rd day of the year that would be nine weeks and the other document I have is the original appropriations for the clerk of courts deputy clerks’ salary of $770,000.  There being $665,828.35 left in the account on the 3rd, 4th of March that means that $104,171. was used in nine weeks. Which would come in a total of $11,574 per week multiplying $11,574 per week by 52 weeks of the year gives us a total of $601,848, $601,848 that the clerk of courts actually needs for salary for the entire year.  When you subtract that number from $770,000 seems as if the clerk of courts made a mistake of requesting $168,152 more than what he actually needs.  So that should be good news to city council you’ve got a minimum of $168,152 not needed for salaries for the deputies clerk of courts that now you can use to fix potholes and hire back street employees department employees.  I’d like to make this part of the record.  So there’s a $168,000 found money not needed by the clerk of courts for salaries.  The other good news and this will answer Mr. Slagle’s question that he had earlier of what other recourse the City of Massillon might have on the Hampton Inn partners Charles Street Associates and the Downtown Massillon Hotels, Ltd., its called an assignment of rents and leases.  It was executed along with the mortgage that was issued to those people.  The language that you really should be interested in is this in the event of a default on the part of assignor which is Downtown Massillon Hotels and Charles Street Associates under any of the terms and conditions herein or of any financial agreements assignor hereby authorizes empower said assignee its successors and assigns as follows:  1) to ask, demand, institutes actions, suits and legal proceedings for collect, receive and give receipt for said rents, issues, profits, revenues, royalties, rights and benefits as they shall become due.  Which is pretty plain to understand if they if there’s a default in this agreement, the mortgage agreement, if they’re not fulfilling all the terms and conditions we can just go in and take their rents and leases and take their money.  I’d like to make that part of the record.  So I’m glad to come to city council with good news tonight.  Have a nice evening and thank you for your time.

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Graber.  Mr. Slagle, motion to adjourn? 

JOHN PAQUELET – Do we have to stand in line?

COUNCIL PRESIDENT TOWNSEND – Oh, come up.

JOHN PAQUELET – 11847 Northcrest NW, Massillon.  I’d like to address the council for the inability to have in your mention early on fixing the potholes, the road damages that have occurred.  We’re getting misinformation today we’re being told that there is money for allocations for the roads, I’m getting news weeks ago from the street department had that we’re tight on money.  There’s newspaper articles that we have money but we’re not seeing activity repairing these roadways.  On the west side there’s a storm drain that’s actually coming out of the Lincoln Way there was a barrel placed in there a couple of weeks ago and its been removed.  These damage people’s vehicles nobody seems to really care that much.  27th Street there’s potholes that look like Afghanistan with IED’s placed in there.  You’ve got see some action and putting road grindings in a pothole is like putting lipstick on a pig.  Okay, it doesn’t do anything especially on the main roadways.  It comes out I’m not a road engineer but we all know.  When dealing with money the people are employed, they’re working during the day the only added expense is the cost of that asphalt patch material for the day.  Okay, I don’t know if that’s great or not I don’t know the actually cost I didn’t call today to see what it costs for a truckload of that material.  We need to see some actions on it its pathetic and its throughout the city in many numerous areas.  I’ve called several times when there have been repairs I’m kind enough to call and say thank you and it’s a good job.  And even also where it does not cost the city any money is where they did the sewer line repairs on Lincoln Way on the west side there by 17th Street there’s many holes and that would be the gas company did the repair who would be responsible for repairing that and nothing’s been conducted in repairing those.  And why not, I have no idea.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  Mr. Slagle?

18.  ADJOURNMENT

COUNCILMAN SLAGLE  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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