MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, APRIL 2, 2012 

COUNCIL PRESIDENT GAMBER B I'd like to welcome all of you to Massillon City Council for Monday, April 2, 2012.  We have a number of city officials with us this evening Mayor Catazaro-Perry, Safety Service Director Maier, Street Superintendent Berens, Community Development Director Herncane and Law Director Stergios.  We have a new and old face with us tonight we have Bob Straughn as the new Park & Rec. Director.  Ms. Catazaro-Perry, you want to a make a few comments apparently.  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.  We obviously are not used to having this many people in attendance and we certainly appreciate it and wish it could be like this every week.

MAYOR CATAZARO-PERRY – As you have been aware that we are trying to maintain a wonderful communication with council and the administration.  So we wanted to allow you to meet Mr. Bob Straughn this evening.  He will be the new Parks & Rec. Interim Director.  We have asked the Parks & Rec. Board to complete their search and make sure this is the candidate that they want to select because they had to do it so very quickly because we didn’t have anyone in place.  As you and I all know that the Legends is very busy at this time which is a wonderful problem to have.  Then the parts need to be taken care very quickly.  So we have an interim director for three months if the parks and rec. decide that they would like to keep Mr. Straughn that’s wonderful.  But this will allow them to do a thorough search to make sure this is the candidate that they’d like.  So Bob would you like to come up and say hello.

Hello everyone.  See a lot of familiar faces here.  I’m honored and humbled to have this opportunity to come back and plug back into public service again.  I mean parks were always big part of my past and I put a lot of time and energy back in ’90 to ’95 to help the citizens of Massillon realize a goal and that was to have the finest parks and recreation system really in the State of Ohio ultimately was the goal.  It’s just exciting to be back and be part of it and to plug back in and get started to work.      

1.  ROLL CALL

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

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT GAMBER – Mr. Peters, we have one absent councilmember.

COUNCILMAN PETERS – Yes, I’d like to make a motion that we excuse Mr. Townsend from tonight’s meeting. Seconded by Councilman Lewis.

Roll call vote of 7 yes, 1 no.  Peters voted no.

2. INVOCATION

COUNCILWOMAN HALTER B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN HALTER – Chairperson of the Finance 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)  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 GAMBER – We are at Item 5 where we invite the public to come forward and speak to a topic that is on the agenda.  We don’t have a set time limit but we do generally look for about a three minute period.  If you start to run much past that I’ll give you a sutle hint. 

SCOTT GRABER – 1218 Tremont Avenue SW.  On Ordinance No. 34 – 2012 there seems to be a typo it repeals Ordinance No. 32 which I have and which was an ordinance making appropriations from the unappropriated balance of the Parks and Recreation Reservoir Project Fund, Federal Grant Fund, General Fund, blah-blah-blah.  That has nothing to do with the I believe it’s a typo and it should 132 – 2005.  I’d like to submit these for the record then if I could.  It for second reading tonight okay.  Then I’ve got one other one its Ordinance No. 41 – 2012 by the finance committee I believe this is improperly in front of the council this evening.  It has a signature on it representing that the recreation board had approved of this ordinance and they had not.  Kenn Kaminski signed it on 2-23-2012 as the department head and he does not have the authority to sign and represent that this was approved by the recreation board.  It should not even be on the agenda tonight.  I request that it be removed.  I’d like to submit these two also for the record then.  Thank you very much.

LEE MCBRIDE – I live at 1641 Dexter Rd NE in Massillon.  I would like to speak on Ordinance No. 38 – 2012 by the environmental committee.  I’d like to say to council in our monthly meetings we emphasis service, service to the Massillon citizens which is all that we have to offer.  In the solid waste department we have 10 dedicated hard working employees who are mostly veterans and displaced workers who give their best each and every day no matter the inclement of weather or the conditions.  This department has done well financially for the 21 years that I have been here but last year mainly because of lump sum pay outs for three retired employees our operating budget took a hit.  This is not and should not be a negative reflection on this department or of the hard working men and women who have been a part of this continuous success in this department.  By your thoughts of attempting to phase out this department the Massillon citizens over 4,500 of them customers or households will be forced to enter into contracts with another service that they didn’t want to enter into in the first place.  But on the heels of the rate increase as you gather your facts on this issue give the solid waste department a chance before you make any drastic changes or decisions because the results could mean the loss of jobs and 4,500 dissatisfied customers or households.  Not to mention some of the problems that will be associated with privatizing.  I would like to say I wonder the question comes into my mind I wonder how many members of council and how many people within this chamber are customers, city customers.  Again, we emphasis that we are a service and not a business.  Thank you.

JIM HUBNER – 55 6th Street SE, Massillon.  I was running over last week and so I didn’t get in my little national park tour.  To one I think is really pertinent to what we’re going to be looking at with the drilling industry coming in.  That was the first park service job I had at Cuyahoga Valley in the 1970’s mid ‘70’s when that was first becoming a national park.  One of the big problems that we had up there was tankers hauling toxic and hazardous chemicals that were pulling up in the pull outs like 2:00 – 3:00 in the morning and running hoses down to the Cuyahoga River and just dumping their trucks out so that they wouldn’t have to pay the fees to dispose of it properly at much like we have now I think we have seven disposal wells in Stark County for frack fluids.  But it was just another thing that I wanted to mention to you folks I don’t know what the how they handled it now with the new technology maybe they have a better of insuring that those payments are made.  They’re not made by the truckers so they don’t have that opportunity to you know keep that money for themselves and dispose of this stuff in places where it shouldn’t be disposed of.  I have a little house on Riverview Rd in Peninsula while I was working up there 50 feet outside my back door you dropped down pretty steep hill maybe 70 feet to the Cuyahoga River.  I’m telling you some days it was red some days it was orange some days it was cloudy some days it was milky and some days it just looked like a nice river.  But part of the reason for that and we were quite a ways upstream from where the real problems were up further north in the Cleveland area.  But that river was a mess and of course I’m sure you all know that it caught fire at one point and there’s even a song about it.  So lets not have a song about Massillon’s Tuscarawas River.  Thank you.

CINDY BRATTON – Central Committee 2A.  I’ve had several people ask me about the park situation and the parcel that include the tentative Union Square Park, Cherry Square Park and the Memorial Park.  They’re asking me if these should be considered historical districts which they should be…

COUNCIL PRESIDENT GAMBER – Ma’am, ma’am is this item on our agenda this evening?

CINDY BRATTON – I didn’t see it when I came in.

COUNCIL PRESIDENT GAMBER – Okay, this is for people to be speaking about items that are on the agenda.  Now as long as you’re there stay but generally this is for items on the agenda…

CINDY BRATTON – I got it switched.

COUNCIL PRESIDENT GAMBER – That’s okay then at the end of the meeting under 17 is when we bring up the others.  But go ahead and continue.

CINDY BRATTON – But under Chapter 1349 the historic district of the codified ordinances of the City of Massillon I would like to suggest that a councilperson would please propose as action so that it will take place.  It seems like a lot of the people in Massillon wants this to happen along with a lot of the elected officials want this to happen and they’re asking me why hasn’t it happened and why is there is not activity on it.  I’m sorry I’m bringing it up out of turn. 

COUNCIL PRESIDENT GAMBER – Is there anyone else.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

 

ORDINANCE NO. 36 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Approving an application for assistance under Title I of the Housing and Community Development Act of 1974, as amended, including the Consolidated Plan and Annual Action Plan, authorizing the execution and filing of the application and related assurances and certifications, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, this is our annual CDBG budget we will be having a public hearing on the 16th I believe of April prior to the council meeting.  Mary Beth, have you contemplated a time I mean does anybody think we need more than a half hour? 

COUNCIL PRESIDENT GAMBER – We generally schedule for 6:30pm to give us an hour but we seldom needed the hour. 

COUNCILMAN MANSON – I don’t think we need an hour.  Well lets go 6:45pm then okay, 6:45pm on the 16th.  So I will be giving that first reading.

ORDINANCE NO. 36 – 2013 WAS GIVEN FIRST READING.  

COUNCILMAN MANSON – Let me stop here for a second lets go back Mary Beth let make that 6:30pm Mr. Herncane advised me that its already gone to the Independent for 6:30pm.  So we’ll leave it at 6:30pm then.

ORDINANCE NO. 37 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE  

Accepting an application for annexation for the Bit of Eden Annexation to the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILMAN MANSON  –  Alright, 37 is the annexation for Bit of Eden out on 93.  We’ve been through this last year we approved the service ordinance and this has been approved by the Stark County Commissioners.  I don’t know if they contested this one in court or not.  Is there anybody that would prefer to wait a little while to act on this.  I mean its routine. 

COUNCIL PRESIDENT GAMBER – Mr. Peters? 

COUNCILMAN PETERS – Mr. Manson, there’s no public hearing on this?  I mean we’re..

COUNCILMAN MANSON –. No, that’s all over.  Everything behind this is ours its just we will do this we will replat I believe and we will zone it.  I believe is what we have to do on this yet.  But other than that its Massillon’s now. 

COUNCILMAN PETERS – And I apologize did we talk about this at all Monday?  (Yes, we did)  Okay, I don’t have…

COUNCILMAN MANSON – If you want to wait its not a problem I mean you know if you really feel uneasy.  But it is routine we’re pass all the annexation all the appeals are out of the way and everything is…

COUNCILMAN PETERS – I didn’t vote for the annexation to begin with but I maybe that’s why I wasn’t paying attention.  But it doesn’t matter if you want to get rid of tonight go ahead because I don’t have any objection to that.

COUNCILMAN MANSON – Well, if it doesn’t pass we’ll just have to give it second reading or first reading tonight and move on.

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

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

ORDINANCE NO. 37 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 6 YES, 2 NO.  HALTER AND PETERS VOTED NO.

ORDINANCE NO. 38 - 2012                      BY:   ENVIRONMENTAL COMMITTEE  

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, and proposals for the sale of the Solid Waste services (customer base) and all applicable equipment used in the provision of said services for the City of Massillon.  Any final binding agreement for the sale of the department shall be subject to the ultimate approval of City Council.

 

COUNCILMAN LEWIS  – Yes, first off I’d just like to say I appreciate the public comment tonight.  This is obviously a touchy and serious matter that’s before us.  I also feel that we probably need at least one more work session to discuss it and work out the details and make sure we have all of our opinions together.  So I will give this first reading.

ORDINANCE NO. 38 – 2012 WAS GIVEN FIRST READING.

ORDINANCE NO. 39 - 2012                      BY:   PARKS AND RECREATION 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 a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the purchase of chemicals, fertilizers and sand for The Legends of Massillon Golf Course, and declaring an emergency.

 

COUNCILMAN SLAGLE  – We discussed this in the work session and it’s a yearly endeavor by the golf course they need fertilizer, chemicals and sand.  They need to advertise for it and get it out there buy it and get it in place.  Just for reference the first week of the golf this year was much, much better than the previous that’s because such a wonderful week to be playing so.  I’m going to request that we waive the requirement of three separate readings and bring this forward for emergency today just so they can get it out and get those things applied to the course.      

COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Peters.

COUNCIL PRESIDENT GAMBER – Is there any discussion?  Mr. Chovan?

COUNCILMAN CHOVAN – Yes, does the money for this come from parks and recreation?  I mean are we doing another loan from the general fund like a few years ago or what?

COUNCILMAN SLAGLE  – That’s a difficult thing to say.  Obviously the money that comes in in the form of income from the course goes into the general fund and is then because we budgeted its part of the budget its in the budget to take care of the maintenance.  But when you ask does it come out well yeah but then its always replaced because the golf course for the last several years has always brought in more money than its maintenance cost have been.  So..

COUNCILMAN CHOVAN  – Do we still have an outstanding amount from a year or two ago that was never repaid or something?  For some reason the figure of $105,000.00 sticks in my mind.

COUNCILMAN SLAGLE  – I don’t know that.  I don’t know of any outstanding expenses at the golf course.

COUNCIL PRESIDENT GAMBER – Would you like to call someone up from the administration?

COUNCILMAN PETERS  – Well, Jayne’s at a funeral so…

COUNCIL PRESIDENT GAMBER – Alright.

COUNCILMAN CHOVAN  – Yeah, Jayne’s not here so…

COUNCILMAN SLAGLE  – I don’t know Mr. Maier.

COUNCIL PRESIDENT GAMBER – Is there anyone from the administration that would like to answer Mr. Chovan’s question. Come forward and I’m sure he’ll ask it again.  

COUNCILMAN CHOVAN  – Yeah, I’ll be glad to, thank you.  Yeah, I’m concerned about outstanding bills for some reason there’s a $105,000.00 figure that sticks in my mind that was money that was spent for sand and fertilizer.  I don’t exactly know what a year a couple years ago and it was never I don’t know if it was ever repaid.  I mean it was like as I understood it it was the wording in some legislation was that it was a loan and I don’t know if it was ever brought back in.  I’m just checking to see if it was. 

SAFETY SERVICE DIRECTOR MAIER – I’m not familiar with an outstanding bill of a $105,000.00.  I’m not saying there isn’t that would probably be a question for the auditor’s office but I’m not familiar with that.  I don’t think this rises to that level a single purchase.  Quite frankly early in January when we first started discussing this particular issue because they do every year as Councilman Slagle mentioned we actually did an inventory of over stock brought all those supplies together and we’re able to get through to about this period actually a little bit further with what we had in stock with what the folks had in stock down there.  So I don’t anticipate that to anywhere that amount but again I’ve not experienced that in the past so I can’t say.  But I’m not aware of an outstanding obligation on that.

COUNCILMAN CHOVAN  – Thank you.

COUNCIL PRESIDENT GAMBER –  Thank you.  Are there any other questions?  We have a motion and a second.  Roll call for suspension please.

The rules were suspended by a roll call vote of 7 yes, 1 no.  Chovan voted no.

ORDINANCE NO. 39 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  CHOVAN VOTED NO.

ORDINANCE NO. 40 - 2012                      BY:   POLICE AND FIRE COMMITTEE 

Authorizing the Director of Public Service and Safety to accept an AFG Grant (EMW-2011-FV-02722) from the Federal Emergency Management Agency (FEMA) for the Massillon Fire Department, and declaring an emergency.

 

COUNCILMAN CHOVAN – Yes, this is the FEMA grant that’s given that Chief Burgasser submitted.  It’s for a new tanker truck it’s a grant for $296,000.00 and some change which we have a 10% match $29,600.00 which will come out of the transport fund.  According to the auditor that money is available in there.  So I’m going to oh this was actually awarded on the 9th of March we have until April 9th to accept it or we lose it.  So I am going to try to move this ahead tonight and ask for your approval. 

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

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

ORDINANCE NO. 40 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 41 - 2012                      BY:   FINANCE COMMITTEE 

Authorizing the Auditor of the City of Massillon to deposit the three-tenths percent (.3%) City Income Tax for the Parks and Recreation System into the Parks and Recreation Operations Fund:, Parks and Recreation Debt Retirement Fund” and the Park and recreation Capital Improvement fund”, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – I’ll call on Mrs. Halter, but before I do there was a question raised earlier regarding a signature.  Mrs. Halter and the rest of council the trigger document that puts an ordinance on our agenda are the signature of the finance committee regardless of the format in which a request was received.  Mrs. Halter, have at least two the of the finance committee members signed that?  (Yes, they have)  Have three signed it?  (I don’t recall, Mary Beth?)  Okay, but at least two have?  (Yes)  Alright, then that ordinance is on our agenda properly.  I’ll recognize you please.

COUNCILWOMAN HALTER – We’re going to give this first reading.

ORDINANCE NO. 41 – 2012 WAS GIVEN FIRST READING.

RESOLUTION NO. 5 - 2012                      BY:   FINANCE COMMITTEE 

Requesting the Stark County Auditor to certify to the City of Massillon the total current tax valuation of the city and the number of mills required to generate a specified amount of revenue or the dollar amount of revenue that would be generated by a specified number of mills, and declaring an emergency.

 

COUNCILWOMAN HALTER – This resolution comes from request by the Massillon Museum to place a levy on their behalf on the ballot for November 6, 2012.  We’ve done this in the past we’re a past through organization for them to place this on the ballot for them.  I would be willing to suspend the rules tonight if you want to go ahead and put this through for them.  That would be fine any questions?

COUNCIL PRESIDENT GAMBER – Do we have any questions?  Mr. Peters?

COUNCILMAN PETERS – I have one.  I just want to get this clear in my mind.  I know we’ve done this in the past but this is just if I’m correct if I’m wrong.  This is strictly a renewal am I not correct?  Maybe Mr. Slagle could…

COUNCILWOMAN HALTER – Yeah, I believe it is.  Yes.

COUNCILMAN PETERS – Okay, its not any increase its just a renewal.

COUNCIL PRESIDENT GAMBER – No, this is a two step process where the auditor has to verify the amount of money that would be brought in.  That language is then used to actually put a ballot proposal together and that also will come before council.

COUNCILMAN PETERS – Then I don’t have any problem with getting it passing it tonight.

COUNCIL PRESIDENT GAMBER – Is there anyone else?  Mrs. Halter?

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilman Manson.

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

RESOLUTION NO. 5 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

RESOLUTION NO. 6 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Submitting Ordinance No. 1188.04(e) “Vertical Neighborhood Association Banners Permitted” to the Planning Commission for their consideration at their April Meeting.

 

COUNCILMAN MANSON – Yes, I intend to move this forward by waiving the rules unless there’s somebody that has some questions that they need answered.  This will be going to Planning Commission on April 11th I’m not sure exactly what the time is that’s Wednesday Mary Beth could you email that out to us when that Planning Commission meeting is?  (Yes)  Okay, if you would please so we all know exactly when it is if you want to attend it or anything.  This is just a resolution to have them consider it.  Then we’ll work with their recommendation then after it comes back to us. 

COUNCIL PRESIDENT GAMBER – Are there any comments?  I might mention that generally someone from council shows up to explain what’s going on and be available to answer questions.  If its from your committee or someone else but someone should be there.  Have your motion please.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

RESOLUTION NO. 6 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

RESOLUTION NO. 7 - 2012                      BY:   COMMITTEE OF THE WHOLE

Commending David McCune as a Member of City Council for the City of Massillon, Ohio.

COUNCILMAN PETERS – We have four of these resolutions I was debating on reading through each and every one of them.  But I think its only appropriate that I do to give each former councilperson their due.  So I’ll read fast so it doesn’t all evening.  Mr. Peters read the resolution into the record.

A RESOLUTION commending David McCune as a Member of City Council for the City of Massillon, Ohio.

WHEREAS, on December 31, 2011 David McCune completed 3 terms as a member of Council of the City of Massillon, Ohio, and

WHEREAS, David McCune has devoted himself to his responsibilities and duties as a member of Massillon City Council, and

WHEREAS, Mr. McCune, during his terms of office as a member of City Council has given outstanding service to the Citizens for the betterment of Massillon; and

WHEREAS, City Council desires to recognize and note upon its official records its appreciation and commendation to Mr. David McCune for the excellent service he has rendered to the people and the City of Massillon during his terms of office.

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MASSILLON, STATE OF OHIO, THAT:

Section 1:

            On behalf of the City of Massillon and the members of City Council, the Council commends David McCune for the efficient, energetic and capable manner in which he has discharged his duties and for the lasting contribution he has made to the City during his terms of office.

Section 2:

            That this Resolution shall be immediately effective.

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

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

RESOLUTION NO. 7 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

RESOLUTION NO. 8 - 2012                      BY:   COMMITTEE OF THE WHOLE

Commending David Hersher as a Member of City Council for the City of Massillon, Ohio.

Mr. Peters read the resolution into the record.

A RESOLUTION commending David Hersher as a Member of City Council for the City of Massillon, Ohio.

WHEREAS, on December 31, 2011 David Hersher completed 2 terms as a member of Council of the City of Massillon, Ohio, and

WHEREAS, David Hersher has devoted himself to his responsibilities and duties as a member of Massillon City Council, and

WHEREAS, Mr. Hersher, during his terms of office as a member of City Council has given outstanding service to the Citizens for the betterment of Massillon; and

WHEREAS, City Council desires to recognize and note upon its official records its appreciation and commendation to Mr. David Hersher for the excellent service he has rendered to the people and the City of Massillon during his terms of office.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MASSILLON, STATE OF OHIO, THAT:

Section 1:

            On behalf of the City of Massillon and the members of City Council, the Council commends David Hersher for the efficient, energetic and capable manner in which he has discharged his duties and for the lasting contribution he has made to the City during his terms of office.

Section 2:

            That this Resolution shall be immediately effective.
COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Manson.

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

RESOLUTION NO. 8 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

RESOLUTION NO. 9 - 2012                      BY:   COMMITTEE OF THE WHOLE

Commending Gary Anderson as a Member of City Council for the City of Massillon, Ohio.

Mr. Peters read the resolution into the record.

A RESOLUTION commending Gary Anderson as a Member of City Council for the City of Massillon, Ohio.

WHEREAS, on December 31, 2011 Gary Anderson completed 2 years 4 months as a member of Council of the City of Massillon, Ohio, and

WHEREAS, Gary Anderson has devoted himself to his responsibilities and duties as a member of Massillon City Council, and

WHEREAS, Mr. Anderson, during his terms of office as a member of City Council has given outstanding service to the Citizens for the betterment of Massillon; and

WHEREAS, City Council desires to recognize and note upon its official records its appreciation and commendation to Mr. Gary Anderson for the excellent service he has rendered to the people and the City of Massillon during his terms of office.

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MASSILLON, STATE OF OHIO, THAT:

Section 1:

            On behalf of the City of Massillon and the members of City Council, the Council commends Gary Anderson for the efficient, energetic and capable manner in which he has discharged his duties and for the lasting contribution he has made to the City during his terms of office.

Section 2:

            That this Resolution shall be immediately effective.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Halter.

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

RESOLUTION NO. 9 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

RESOLUTION NO. 10 - 2012                    BY:   COMMITTEE OF THE WHOLE

Commending Kathy Catazaro-Perry as a Member of City Council for the City of Massillon, Ohio.

Mr. Peters read the resolution into the record.

A RESOLUTION commending Kathy Catazaro-Perry as a Member of City Council for the City of Massillon, Ohio.

WHEREAS, on December 31, 2011 Kathy Catazaro-Perry completed 4 terms as a member of Council of the City of Massillon, Ohio, and

WHEREAS, Kathy Catazaro-Perry has devoted herself to her responsibilities and duties as a member of Massillon City Council, and

WHEREAS, Mrs. Catazaro-Perry, during her terms of office as a member of City Council has given outstanding service to the Citizens for the betterment of Massillon; and

WHEREAS, City Council desires to recognize and note upon its official records its appreciation and commendation to Mrs. Kathy Catazaro-Perry for the excellent service she has rendered to the people and the City of Massillon during her terms of office.

 

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MASSILLON, STATE OF OHIO, THAT:

Section 1:

            On behalf of the City of Massillon and the members of City Council, the Council commends Kathy Catazaro-Perry for the efficient, energetic and capable manner in which she has discharged her duties and for the lasting contribution she has made to the City during her terms of office.

Section 2:

            That this Resolution shall be immediately effective.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Cunningham-Hedderly

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

RESOLUTION NO. 10 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – I’d like to call the mayor forward its takes all of our signatures you might as well get yours on this and then you can present it to yourself.  Congratulations to all of our outgoing council members and good luck to our mayor.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR RWA ENTERPRISES LLC DBA THIRD BASE 2215 MAIN AVE W MASSILLON OHIO 44647

9.  BILLS, ACCOUNTS AND CLAIMS

A.  REPOSITORY - $538.41

COUNCIL PRESIDENT GAMBER – Mrs. Halter?

COUNCILWOMAN HALTER – I move that we pay our bill, seconded by Councilman Manson.

Roll call vote of 8 yes to pay the bill.

10.  REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR MARCH 2012 B COPY FILE
B). AUDITOR SUBMITS MOHTLY REPORTS FOR MARCH 2012 B COPY FILE

COUNCIL PRESIDENT GAMBER – We have the Mayor’s monthly report for March.  Was that submitted by email or did we get a hard copy of that?

COUNCIL CLERK BAILEY – The permit report we have not received it yet.

COUNCIL PRESIDENT GAMBER – Okay, what did we receive today by email?

COUNCIL CLERK BAILEY – The monthly report for January and February of 2012.

COUNCIL PRESIDENT GAMBER – Alright, we will file the Mayor’s monthly permit report when we get it.  The auditor’s report needs to be accepted officially Mrs. Halter.

COUNCILWOMAN HALTER – I move that we accept the auditor’s report for March 2012, seconded by Councilman Slagle.

Roll call vote of 8 yes to accept the auditor’s report for March 2012.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Next committee sessions will be Monday the 9th at 6:00pm.  Are there any reports from committee members?

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Any requests or resolutions from anyone?

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 24 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending CHAPTER 1188 “SIGNS” of the Codified Ordinances of the City of Massillon, of the City of Massillon, by creating SubSection 1188.04 (e) “Vertical Neighborhood Association Banners Permitted”, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, I’m going to make a motion that we table this until April 16th because of the Planning Commission meeting. 

COUNCILMAN MANSON moved to table Ordinance No. 24 – 2012 until April 16, 2012, seconded by Councilwoman Scassa.

ORDINANCE No. 24 – 2012 WAS TABLED UNTIL APRIL 16, 2012 BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 27 - 2012                      BY:   FINANCE COMMITTEE  

Reducing the appropriations in the General Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCILWOMAN HALTER – This is ordinance is up for third reading.  However, I did speak to Judge Elum this morning.  These amounts have already been reduced from his budget amount.  So we will table this indefinitely because if we would vote on it they would remove these amounts again from his budget.  So I move to table this indefinitely.

COUNCIL PRESIDENT GAMBER – Mrs. Halter, may I make a suggestion?  (Sure)  I know you just made a motion do you want to table indefinitely or just defeat it?  (Well, we could defeat it)  I’m asking if you table it indefinitely it’s still hanging out there.  I’m just asking what you rather do.

COUNCILWOMAN HALTER – Then I would bring it forward for third reading and request a no vote from everyone.

COUNCIL PRESIDENT GAMBER – Alright, you withdraw your previous motion?

COUNCILWOMAN HALTER – I withdraw my previous motion.

COUNCIL PRESIDENT GAMBER – Alright, so you’re moving to bring it forward recommending a no vote?  (Right)  Seconded by Councilman Manson.  Is there any discussion on this item?  Mr. Lewis?

COUNCILMAN LEWIS – So we’re to understand that this specific ordinance is decreasing certain funding to the courts and its already happened so therefore if we do it we will be doubling the decrease?

COUNCILWOMAN HALTER – That’s my understanding. 

LAW DIRECTOR STERGIOS – When did it already happen? 

COUNCILMAN CHOVAN – I don’t think…

 

COUNCILMAN MANSON – No, it didn’t.

LAW DIRECTOR STERGIOS – It never happened.

COUNCIL PRESIDENT GAMBER – Mrs. Halter, would you like to call the law director forward?

COUNCILWOMAN HALTER – The budget director’s budget that we approved already had these figures removed from the court’s budget. 

COUNCIL PRESIDENT GAMBER – I think it might be a good idea to bring the law director because we received a letter from the judge saying that he was assisting on his budget as submitted.

LAW DIRECTOR STERGIOS – I don’t know the answer so I shouldn’t have spoken.  I don’t know when it happened or if it did or if it didn’t. 

COUNCIL PRESIDENT GAMBER – Would you like someone from the administration to explain?

COUNCILWOMAN HALTER – I don’t know if they know.  I talked to Judge Elum and Jeannie Shrider this morning and that’s what they told me. 

COUNCIL PRESIDENT GAMBER – Mr. Lewis, you still have the floor?

COUNCILMAN LEWIS – It just seems awfully confusing and I would hate to defeat this issue and us not have completely accurate information.  So we might want to rethink our process.

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – I’d just suggest we table it for one meeting and get the information and then act on it at the next meeting.  Either defeat it or whatever we need to do but I would like to know the information myself.

COUNCILWOMAN HALTER – Did you want me to invite Judge Elum to come to the work session?

COUNCILMAN MANSON – That in my opinion its not necessary just so we clear up what’s going on I think is the main thing at least for myself. 

COUNCILWOMAN HALTER – I also spoke to Mr. Koher this morning and he told me the same thing.  That he removed it from their budget so I cleared it with Mr. Koher and with Judge Elum.

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – I am agreeing with Mr. Lewis and Mr. Manson, but I don’t have a problem if we asked the mayor or the safety service director if they’re aware of that if they’re comfortable with it also.  I mean I don’t have a problem passes it tonight but I do want to know we’re doing the right thing.  I mean not…

COUNCIL PRESIDENT GAMBER – Who are you asking to come forward?

COUNCILMAN PETERS – I’ll ask the mayor I guess.

COUNCIL PRESIDENT GAMBER – Did you get the jest of the question or do you need it repeated?

MAYOR CATAZARO-PERRY – No, I understand the question.  From what we understand the auditor, Judge Elum as well as Mr. Koher all agree that it was already taken out. 

COUNCIL PRESIDENT GAMBER – Are there any questions for the mayor?

MAYOR CATAZARO-PERRY – Thank you.

COUNCILMAN PETERS –  I’m satisfied with that. 

COUNCIL PRESIDENT GAMBER – Are there any other comments?  We do have a motion and a second to bring this forward with a recommendation for a no vote.  Is that still your desire?

COUNCILWOMAN HALTER – That’s still my desire.

COUNCIL PRESIDENT GAMBER – Alright, roll call vote please?  This is third reading we’re voting for question of passage the chairman has recommended a no vote.

ORDINANCE NO. 27– 2012 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 31 - 2012                      BY:  ENVIRONMENTAL COMMITTEE

Repealing Section 965.05(a) “Private Collection License” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new Section 965.05 (a) “Private Collection License” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION”, and declaring an emergency.

 

COUNCILMAN LEWIS – Yes, I’d like to make a motion that we suspend the rules requiring three readings and move it forward for passage tonight.  This is the fees for the private collection fees.

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

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

ORDINANCE NO. 31 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 34 - 2012                      BY:  FINANCE COMMITTEE

Repealing Ordinance No. 32 – 2005 authorizing and directing the Auditor of the City of Massillon as of January 1, 2012 t deposit funds received from golfing fees at The Legends of Massillon Golf Course into the Legends Fund and the Bond Retirement – Legends Fund.

 

COUNCIL PRESIDENT GAMBER – Mrs. Halter, I might mention too that Mr. Stergios had mentioned that he might like to have a word to say.

LAW DIRECTOR STERGIOS – I already told her.

COUNCILWOMAN HALTER – Okay, thank you, Mr. Gamber, second reading.

ORDINANCE NO. 34 – 2012 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

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

SAM DAUT – 835 Cherry Rd NW.  First of all, I wasn’t aware till the last meeting I want to speak a little bit about Ordinance No. 14 that city council had passed to revise the stormwater utility fund.  I wasn’t aware because if there was something put in the paper I apologize the fact that I didn’t see it otherwise I would have been down here.  First of all, two years ago I totally opposed this.  First of all, now you’ve turn around and revised this and I don’t understand you sort of basically got a descrimanent revision here because you’re not penalizing the single family dwellings you’re leaving that the same as a $1.00.  But yet you’re turning around and circumventing the school system and saying they’re not in the provisions of the square footage of impervious surface.  I don’t understand how you basically put all of these revisions in here but you sort of like exempted certain people out of it.  First of all, you penalize the business community that’s what I see.  I see this as just a revision that it basically has penalized all the business community.  Because now Mr. Peters here hopefully he’s going to you know have to explain to his employers that when they get a bill and I know he has at least 50,000 square foot of impervious surface and where his employer work.  Now for him to explain how his employers are going to get a bill now for $60.00 instead of $6.00 you think  When I look around at all the even Progressive Chevrolet when you start explaining impervious surfaces here and square footages you can look at the Marketplace.  Has anybody taken the time to consider the penalties you have put on to the business community here.  I shouldn’t even be sitting here actually complaining because the most I don’t have first of all I’m within that 10,000 square foot.  The irony of this my business and my impervious surface puts little or no water into your stormwater utility system.  The City of Massillon is the biggest penalizers of pollution and putting materials that go down the stormwater utility.  I don’t know how this came about how the community was not warned about this and I don’t know who even brought this up legislation forward that you would even have considered this.  I was told the city engineer told the committee that was basically his idea.  First of all I want to say #1 its not the city engineer’s job to make policy and nor is he a part of the legislative arm here.  First of all he’d been doing his job to begin with we wouldn’t be sitting with orange cones and barrels on them so it should be easy enough for his office to find those storm sewers and the grates that have been collapsed.  Other than that I wish the people that sit on these committees would take a better understanding of who you’re penalizing here because you basically rewarded the city.  You may have not passed this income tax on people that work out of the community but you sure have generated a big amount of dollars and cents.  Because that $160,000.00 you was getting and I’m sure the mayor or the auditor has already put together a financial amount of money that you have generated and yet nothing’s even being done.  That’s a sad reality just because you have been penalized I have documents from the EPA that you still haven’t corrected that salt bins down here are still the same as they were.  All the street finds that you cleaned up that you basically have put there from all the asphalt that you put in there is still in the same place it was two years ago.  So as far as laws I think all communities must be exempt from them you just happen to just put stuff on documents and paper and penalize.  I would hope that the business community sees through this and pretty soon somebody should come down here because I’m not getting penalized.  The people with all this major parking surfaces are the ones that’s going to be penalized.  Other than that thank you for time.

RENEE BOGUE – 204 Willow Avenue NE.  During the last work session council discussed maintaining the golf course.  That’s a very good plan however as more people learn about fracking and the resulting carsigenitics that is cancer causing air emissions they probably would not want to golf on land near a well.  Also they probably would not want to have a wedding or a reunion at Club Legends.  If drilling happens under the golf course methane seepage might occur covering the grass and dead spots.  This is what happened on Ron Goulos’ farm in Pa.  The mayor has his testimony along with Doug Shields’ testimony on DVD.  If drilling occurs the golf course would be hard to sell should the council decide that.  A buyer would find it difficult if not impossible to get a mortgage or insurance.  As for the residents of Legends according to one recent science periodical there are quote “higher cancer risks to residents living near the well as to those residing further” unquote.  Also I’ve informed that nurotoxins can be detected up to a half mile from the well.  In another pure reviewed journal it states that chemicals used in fracking can quote “have long term health affects not immediately recognized” unquote.  As far as jobs in Sunday’s Repository independent contractor Brian Mitchell stated quote “but one of the biggest frustrations I’ve had in Pennsylvania and Ohio is that so few local people are getting involved in the boom.  Most of the people are from other states.” unquote.  The Kent Ohio community is asking for a civil rights ban.  I have that ban with me if you would like to make a copy of it you are more than welcome to.  The proposed ordinance quote “bans the conventional extraction of shale gas within the city along with associated activities because that extraction violated the civil rights of Kent residents and because it threatens the health, safety and welfare of residents and neighborhoods of Kent.  This ordinance removes legal powers and authority from gas extraction corporation within the city in recognition that these legal powers are illegitate and unjust.  They place the rights of a corporate minority over the rights and political authority of the majority of the City of Kent’s residents”.  Also this was very large city council chambers that was overflowing with people who were against the drilling.  One of the gentleman that got up to speak was a neauro biologist and he was recited a list of virtually all organs and systems of the body that were negatively affected by fracking.  He also included muted genetic affects.  Once again please remember that United States Environmental Protection Agency has not concluded its study on fracking.  If Massillon Council decides to frack our community’s health would be sacrificed for gas that would be sold on the world market.  We ask that you protect our health, property and quality of life.  Two pieces of legislation at the state level took away the rights of Massillon residents.  Now our ten council members are the only ones that can protect our city ‘s image, our property values, our health, our safety and our welfare.  Please don’t drive residents away we implore you not to allow fracking on city owned property. 

JIM HUEBNER – 55 6th Street SE, Massillon.  I just want to apologize to council for making my comments at the beginning of the meeting instead of at the end.  I got confused but I also want to thank you for letting me get away with it. 

ROD DEITZ  - 864 11th Street NE.  About a month ago I wrote a letter to the editor regarding my neighborhood.  I live in the original plat of Kendall and we are celebrating our 200th anniversary coming up in several weeks.  I greatly appreciate the support of council, the mayor’s office, our new parks director and I’m hoping that everyone would support my suggestion of renaming the parks to their original names to celebrate coming up on the 21st our 200th anniversary.  Being a resident of that neighborhood I’m very proud of it and I appreciate the support.  Thank you.

SCOTT GRABER – 1218 Tremont Avenue SW.  On Ordinance No. 39 – 2012 I’m going to ask council to reconsider that vote tonight.  I took the liberty of having the director of law pull Ordinances 22 & 23 – 2008 which I would hope that he would give a copy to the safety service director to bring him up to speed and provide to city council.  Those two ordinances misappropriated $105,000.00 out of 1401 income tax capital improvements to pay for past due sand, fertilizer and other operation expenses of the Legends Golf Course on January 28, 2008.  I think that you should take this into consideration before you spend more money at the golf course which is a operation which does not can not never has and never will turn a profit on operations.  The Legends Golf Course was not laid out and designed to be a profitable enterprise to operate as a golf course.  It was laid out and designed to provide as many plots with golf course views as possible.  The Legends Golf Course has nearly the same area of footprint as the Firestone Country Club which has 54 holes of golf where the Legends of Massillon has 27 is virtually impossible for that business if you want to call it a business to be operated at a profit.  It never has been it never will what you are doing there is virtually paying people to golf on your course in order to be able to maintain it in order to maintain the property values of the residential real estate surrounding the course.  The City of Massillon is being taxed the people of the City of Massillon is being taxed to preserve residential real estate values.  So basically what you’re doing is making slaves of the City of Massillon to the people whose property lay around that course.  If the course is no longer operated as a golf course the people’s money will be retrieved from the property values of those residences.  I’d like for you to reconsider that but I’ve got the ordinances right Mr. Stergios has them in his hands 22 & 23, 2008 $105,000.00 from 1401 income tax capital improvements to pay for past due sand, fertilizers and other operations expenses.  In the minutes of that meeting you will also see Mr. Kenn Kaminski make the statement that the very same thing had happened every year that he was the director of the parks and recreation department that bills unpaid from the previous year from operations of the Legends Golf Course had been paid out of parks and recreation operations and capital improvement funds and never repaid by the Legends Golf Course.  I believe its time for this council to come into the reality that the Legends Golf Course residential real estate value enhancement scheme failed and to quit and stop taxing the people of Massillon for that mistake.  The Legends debt payment this year will be $524,045.00 in addition to operations losses at the Legends Golf Course.  It’s time for this council to face the facts that is a failed project to quit subsidizing it the Mayor of Massillon Mr. Francis Cicchinelli promised that the City of Massillon would never subsidize the course but is doing nothing but subsidizing it and it will subsidize it for the next 20 years.  A child unborn today will be taxed to pay for that failed residential real estate project.  A child still unborn today will be taxed to pay for that.  I’d like for you to reconsider the vote that you took on that providing the Legends with sand and fertilizer for this year.  They’ve never paid the money back they borrowed in 2008. 

COUNCIL PRESIDENT GAMBER – Is there anyone else who would like to address council? 

CINDY BRATTON -927 3rd Street NE.  I came late to the City of Massillon I’ve only been here 22 years.  I came in as an adult and I still think of myself as an adult.  All I’ve heard about for all those years about the Legends Golf Course is that it sure is nice for the people who live there.  Of my 22 years living in this city I do not know more than two people who have ever golfed on that golf course.  I know that my tax money is going into that hole.  I don’t care if you call it the 8th or the 9th or the what but it’s a hole none the less.  If I would have been lucky enough to or fortunate enough or infortunate enough to have the money to live there I would be at this point rethinking that because in my history I have noticed along with some doctors who are friends of mine many young people stricken with brain tumors and cancers that live near golf courses and it doesn’t have anything to do with fracking.  It has to do with the chemicals used there in to provide green.  I don’t think it’s a safe venue for homes to be built that close and I feel sorry for the people that built there.  I also don’t think that the city should be taking care of that golf course.  I think that’s a place to play and if we want to subsidize something for people to play I think it should be for the children and the schools.  I don’t think that adults need that type of area to play when there are so few them that do.  I thank you very much.

18.  ADJOURNMENT

COUNCILWOMAN HALTER  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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