MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MAY 21, 2012 

ACTING COUNCIL PRESIDENT PETERS - I‘d like to welcome all of you to Massillon City Council for Monday, May 21, 2012.  We have in attendance with us this evening: Mayor Catazaro-Perry, Safety Service Director Maier, Budget Director Koher, Street Superintendent Berens, Fire Chief Burgasser, Interim Police Chief Herrick, Chief Building Official Kraft, Community Development Director Herncane, Engineer Dylewski, Auditor Ferrero, Parks & Recreation Director Straughn and Law Director Stergios.  On the wall you won’t find any agendas because we’re packed so they were there so you could follow along.  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:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

ACTING COUNCIL PRESIDENT PETERS – I need a motion to excuse the President of Council Mr. Gamber.  Mr. Manson?

COUNCILMAN MANSON – Yes, I’d like to make a motion that we excuse Mr. Gamber, he’s had a new granddaughter and he’s out of town visiting his family.  Seconded by Councilman Slagle.

Roll call vote of 8 yes, 1 no for the excused absence.  Peters voted no.

2. INVOCATION

ACTING COUNCIL PRESIDENT PETERS – Okay, now the invocation by Donnie Peters.    

ACTING COUNCIL PRESIDENT PETERS - Gave the invocation for the evening.   

3.  PLEDGE OF ALLEGIANCE

ACTING COUNCIL PRESIDENT PETERS  – Chairman of the Finance Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

ACTING COUNCIL PRESIDENT PETERS - 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.  Mr. Manson?

COUNCILMAN MANSON – To tonight’s agenda?  (Yes)  I’d like to make a motion that we amend tonight’s agenda to add Ordinance No. 55.  I believe everybody should have a copy of it it’s some costs involved with the summer concert.  We need to move fairly quickly to get things done there. 

ACTING COUNCIL PRESIDENT PETERS – Seconded by Mr. Lewis. 

Roll call vote of 8 yes, 1 no to amend the agenda to add Ordinance No. 55 – 2012.  Halter voted no.

ACTING COUNCIL PRESIDENT PETERS – Okay, the agenda is amended and we are adding Ordinance No. 55 – 2012.

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

ACTING COUNCIL PRESIDENT PETERS – I ask that you please come forward state your name and address for the record.  We always ask that we keep comments as brief as possible under three minutes.  Thank you.

SCOTT GRABER – 1218 Tremont Avenue SW in the City of Massillon.  Regarding number Ordinance No. 41 – 2012 on the call of the calendar.  There seems to be a little confusion it was said that the recreation board unanimously approved of this.  They were under the impression that the legislation is for one year only.  Reviewing the minutes of the meeting from March 7th I didn’t notice where that was stated by anybody that it was for one year only.  I’m aware of the fact that the ordinance states from January 1st, 2012 till December 31st 2012.  But it repeals 159 – 2005 and makes no provision for it to be reinstated.  It makes no provision for the auditor to do anything else except for what 41 says.  So I would request that the language unambiguous language would be added to that ordinance to make it clear to everybody that its for one year and one year only.  Otherwise the I don’t believe the approval by the rec. board is valid.  I thank you very much.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 52 - 2012                      BY:  COMMUNITY DEVELOPMENT COMMITTEE

Repealing Ordinance No. 30 – 2012 and again accepting an application for annexation for the Poets Glen Annexation to the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, I am just going to ask our law director to come up and give us a brief explanation on this so everybody can get it clear.  Or would you request that he come up please?

LAW DIRECTOR STERGIOS – Mr. Manson, I can address the question this annexation went to at least two sets of appeals to the trial court then it went to the Fifth District Court of Appeals then right when we were on the verge of acting to accept it they tried to appeal to the Supreme Court which was approximately October, November of 2011.  Thereafter the Supreme Court declined to accept the case in around February of 2012 and we passed an ordinance accepting the annexation but technically the commissioners had to meet again and accept it retroactively to when they acted like two years ago.  To avoid any even though I created confusion to avoid more confusion I felt it best to amend the ordinance to put the correct date of the county commissioner’s meeting which was April 4th 2012.  Although we could have called it a typo the legal description attached to the one we passed was for Bit of Eden I think or said Bit of Eden in the title.  It was cleaner to amend the whole thing and do it right then to leave the old one out there hanging.  So nothing else has changed other than verbiage and a date.  So that’s why I thought it was best to bring it forward. 

ACTING COUNCIL PRESIDENT PETERS – Any further questions for the law director?  Thank you, Mr. Stergios.  Mr. Manson?

COUNCILMAN MANSON – Yes, just being that it’s to clear up some confusion on the date and we have already approved it.

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

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

ORDINANCE NO. 52 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  CUNNINGHAM-HEDDERLY VOTED NO.

ORDINANCE NO. 53 - 2012                      BY:  COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the resale and conveyance of property Parcel #06-08274 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said property, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, this is a program we’ve talked about its in the past property would end up tax liens on it and they would sit for years and years and years and couldn’t be moved.  This is some legislation that helps to this legislation doesn’t but the law helps now to helps us as a city to get rid of some of these properties.  What we do is we allow adjacent land owners in some cases they’ve already been maintaining these properties to buy the properties for a $1,000.00.  If anybody has any questions we have Mr. Herncane here from community development and maybe he could answer it even a little better than I did.  Otherwise I’m going to be asking to waive the rules on this. 

ACTING COUNCIL PRESIDENT PETERS – Seeing no questions is that your motion?

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

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

ORDINANCE NO. 53 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9.

ORDINANCE NO. 54 - 2012                      BY:  FINANCE COMMITTEE

Making certain appropriations from the unaapropriated balance of the EMS Capital Improvement Fund, Summer Concert Fund, 1241 Enterprise Zone Monitoring Fund and the Parking Enforcement Fund, for the year ending December 31, 2012, and declaring an emergency.

 

ACTING COUNCIL PRESIDENT PETERS – I have to call on myself since I’m the head of finance too.  This ordinance is just doing that making certain appropriations from the unappropriated balance I’ll read through them real quick.  $40,000.00 to an account entitled fire department equipment 1401.325.2531 this is for thermal imaging compressor and equipment for the fire department.  It’s part of a matching funds grant from FEMA where they will be 10% a 10% match.  The next thing is for the summer concert series to appropriate $20,000.00 to an account entitled summer concert series entertainment 1212.505.2392.  Reminder that these are no tax dollars or city funds are being used for this.  All the money has been raised from private donors we just have to appropriate the money.  The next one is appropriate from the unappropriated balance of the 1241 enterprise zone monitoring fund for the year ending December 31, 2012.  $8,900.00 to an account entitled enterprise zone monitoring salaries 1241.845.2110.  The section 4 is $1,000.00 to an account entitled supplies 1208.445.2410 this is from the unappropriated balance of the parking enforcement fund for the year ending December 31, 2012.  $400.00 to an account entitled services and contracts 1208.445.2392.  The auditor isn’t here tonight but if there’s any questions we can bring the mayor forward.  If not I’m going to ask that we waive the rules and pass this.  Mr. Chovan?

COUNCILMAN CHOVAN – Yeah, just refresh my memory what’s the enterprise zone monitoring fund and whose salaries is it?

ACTING COUNCIL PRESIDENT PETERS – Mr. Herncane, would you come forward and answer the question.

COUNCILMAN CHOVAN – Yeah, just refresh my memory the enterprise zone monitoring fund what is that and whose salary is this.

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Its for mine.  This kind of ties into the next one with the tax incentive review committee.  But out of the 20 enterprise zone agreements that the city has with private companies there’s a $500.00 monitoring fee per agreement that comes to the city which I use then to pay my salary to offset the CDBG admin line. 

COUNCILMAN CHOVAN – Okay, that’s right I forgot that.  Thank you.

ACTING COUNCIL PRESIDENT PETERS – Thank you, Mr. Herncane.  Any further questions?

ACTING COUNCIL PRESIDENT PETERS moved for suspension of the rules and passage, seconded by Councilman Slagle.

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

ORDINANCE NO. 54 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9.

ORDINANCE NO. 55 - 2012                      BY:  FINANCE COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into contract agreements for various engagements for the 2012 summer concert series, and declaring an emergency.

 

ACTING COUNCIL PRESIDENT PETERS – Ordinance No. 55 is doing just that to enter into contract and agreements for the bands for the 2012 summer concert series.  This is somewhat of an emergency because the first concert is scheduled I believe for June 4th and we have to have the contracts signed and we have no other council meetings for the rest of the month.  So its important that we bring this forward if there’s any questions we can bring the mayor forward to ask her.  Mrs. Halter?

COUNCILWOMAN HALTER  – Ms. Mayor, I just have two questions I’d like to know with the shortage of employees and everything who will be setting up the stage?  Are we going to use the stage and who will set that up who will tear it down?  What about traffic control and what about putting up the barricades and taking the barricades down?  How will that be handled?

MAYOR CATAZARO-PERRY – I can answer all those questions for you Mrs. Halter.  We have budgeted in with all the funds that we have raised through private donations and business donations that all of that has been taken into account and will be paid out of the concert fund. 

COUNCILWOMAN HALTER  – You’re going to be able to do all that for $21,000.00?

MAYOR CATAZARO-PERRY – No, we have more than $21,000.00.  We have over $50,000.00 collected. 

COUNCILWOMAN HALTER  – Well, as you know I’m against this.  So I’ll be voting no.  But that’s all.  Thank you.

ACTING COUNCIL PRESIDENT 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, 1 no.  Halter voted no.

ORDINANCE NO. 55 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  HALTER VOTED NO.

RESOLUTION NO. 11 - 2012                    BY:  COMMUNITY DEVELOPMENT COMMITTEE

Adopting the decision of the Tax Incentive Review Committee made on April 12, 2012 wherein they recommended that those certain Enterprise Zone Agreements listed on the attached exhibit “A” be continued, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, back in April we had a meeting myself, the mayor, the community development director, the school treasurers and the county auditor met and we looked over all of these and this is our recommendation to continue the abatement on the last page.  Any questions we’ll try to get them answered for you.

ACTING COUNCIL PRESIDENT PETERS – Seeing no questions your motion

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

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

RESOLUTION NO. 11 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A). KELLER OFFICE - $40.00

ACTING COUNCIL PRESIDENT PETERS – Need a motion to pay the bill.  Seconded by Councilman Manson?

Roll call vote of 9 yes to pay the bill.

10.  REPORTS FROM CITY OFFICIALS

A). TREASURER SUBMITS MONTHLY REPORT FOR APRIL 2012 B COPY FILE
B).  COUNCIL ACCEPTING THE MAYOR’S APPOINTMENTS TO THE HISTORICAL PRESERVATION COMMITTEE.

ACTING COUNCIL PRESIDENT PETERS – Roll call please for the appointments.

Roll call vote of 9 yes for the acceptance of the Mayor’s appointments to the Historical Preservation Committee.

11.  REPORTS OF COMMITTEES

ACTING COUNCIL PRESIDENT PETERS – Our next committee sessions will be on Tuesday, May 29th at 6:00pm due to Monday being Memorial Day.  Mr. Manson?

COUNCILMAN MANSON – I have a couple of questions they will either be for the mayor or the law director.  There was a letter that went from council from the rules and courts committee asking about the expenses incurred on the I don’t know what you want to call it with the Civil Service Commission going to court and I just wanted to know if that letter’s been answered yet. 

ACTING COUNCIL PRESIDENT PETERS – Who do you want to call forward, Mr. Manson?

COUNCILMAN MANSON – Anybody on rules and courts.  I don’t want to call them forward I just want to ask them if they’ve been answered and if the mayor would like to comment.  If not I have some questions for the law director. 

ACTING COUNCIL PRESIDENT PETERS – Do you want the mayor to come up or the law director?

COUNCILMAN MANSON – Well, I’d like to ask the law director to come up. 

ACTING COUNCIL PRESIDENT PETERS – Mr. Stergios?

LAW DIRECTOR STERGIOS – Mr. Manson?

COUNCILMAN MANSON – Yes, I’d like to ask you we’ve had a letter to the it was sent out with email by email to council about the Civil Service Commission and this is starting to progress.  We talked about it was going to cost us money and I’m sure it has already some.  We may not have paid anything but I’m sure that we have some cost accumulating.  Is it the city’s responsibility to pay the bills of the Civil Service Commission?

LAW DIRECTOR STERGIOS – Can I ask a question?  I don’t know what letter you’re referring to. 

COUNCILMAN MANSON – Well, we had one from two of them came on emails.  One of them from Mr. Jakameades that’s representing the Civil Service Commission and then…

LAW DIRECTOR STERGIOS – Okay, I know which that’s the pleading that he filed right?  (Yes)  Okay.

COUNCILMAN MANSON – And then now I guess there is there a hearing scheduled or is the one coming up?

LAW DIRECTOR STERGIOS – I believe there’s one scheduled for June 4th but hold me to that date.  I’d have to go look on my computer. 

COUNCILMAN MANSON – Okay, then my question is the city responsible for paying legal expenses for the Civil Service Commission?

LAW DIRECTOR STERGIOS – The commission’s hired a lawyer and they have money in their services and contracts budget that’s been appropriated to them and they can I am assuming that they are using that to pay the lawyer. 

COUNCILMAN MANSON – My question is what would happen if that wasn’t adequate?  If there are inadequate funds in there?

LAW DIRECTOR STERGIOS – Then somebody would have to come to council and ask for money to replenish that fund.  Its just like any of our service…

COUNCILMAN MANSON – For whatever purposes right?

LAW DIRECTOR STERGIOS – For whatever purpose that’s my understanding yeah.  I can answer well I’m not sure if you were asking the question that you had of I think that you had of the mayor that comes from the letter that Councilmen Lewis and Chovan authored which I’ve only been told about I haven’t seen it.  I believe the answer to that question is that money is paid from their services and contracts fund.  But there hasn’t been any bills generated yet to know the second part of or answer to the second part of the question.  Is that all?

COUNCILMAN MANSON – That’s all I have right now.

ACTING COUNCIL PRESIDENT PETERS – Any further questions for the law director?  Thank you, Mr. Stergios.  Did you want to call the mayor?

COUNCILMAN MANSON – Mr. Chovan wants to call the mayor up?

COUNCILMAN CHOVAN – I would like to please.  I’m still looking for the agreement that you have with Leslie Kuntz that spells out what she’s going to charge and approximate estimate of the hours to represent the administration against the Civil Service Commission for this lawsuit to stop Matt Rinks hearing.  We were just kind of waiting to see what we thought that was going to be financially.

MAYOR CATAZARO-PERRY – We’re working on a response now.

COUNCILMAN CHOVAN – You mean you don’t have an agreement they’ve been doing this for like two weeks now haven’t you been working two or three weeks with her without an agreement?

MAYOR CATAZARO-PERRY – We’re working on a response now with the law director?

COUNCILMAN CHOVAN – And this will be out of your services and contracts budget I take it that’s where that will be paid from?

MAYOR CATAZARO-PERRY – Yes.

COUNCILMAN CHOVAN – Okay.   Thanks.

ACTING COUNCIL PRESIDENT PETERS – Any further questions for the mayor?  Seeing now.

COUNCILMAN MANSON – We’re not done.

ACTING COUNCIL PRESIDENT PETERS – Oh, Mr. Manson?

COUNCILMAN MANSON – Yes, I see we have appointed the historical preservation committee and I just wanted to tell you that I was up and walked around both the parks that we’ve been talking about.  I have been reading the procedure that Mr. Slagle supplied me with and I think that this deserves a really good look.  But I also think too that something like this needs to be done in a rather meticulous way.  We have a stone up there with a stainless steel plaque on it that something was handled in 1951 you know and I think this needs to be looked into to make sure we haven’t already done something to preserve them.  But I will be putting the information together and getting it to that commission so they can act on it then.  I don’t think is something that council should just be handling on its own.  I do like the fact that originally I thought it should go through parks but I do like the fact that its going through historical preservation I think that’s fine.

ACTING COUNCIL PRESIDENT PETERS – Any other requests from members of council?  Seeing none we’re at Item #13 call of the calendar.

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR  - TABLED FROM MAY 7, 2012

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.

 

ACTING COUNCIL PRESIDENT PETERS – I’m going to ask the Law Director Mr. Stergios come forward. 

COUNCILMAN MANSON – Do we have to vote to bring this out of table onto the agenda?

LAW DIRECTOR STERGIOS – It was tabled to a certain date is my recollection so no its up for third reading. 

ACTING COUNCIL PRESIDENT PETERS – To answer your question Mr. Manson it doesn’t have to be forward for a vote to bring it off the table.  Mr. Stergios, I guess my question arises out of the comments that Mr. Graber made earlier.  He’s concerned about the wording is that something you’re concerned with or we should do or change?

LAW DIRECTOR STERGIOS – My recollection is I mean its says right in the ordinance its effective for 2012 in section 2.  I didn’t really listen to his comments but I don’t see anything wrong with the ordinance we’re on third reading and have beat this to death.

ACTING COUNCIL PRESIDENT PETERS – Oh yeah, I know.

LAW DIRECTOR STERGIOS – I mean I have no problem with the ordinance as its written or passing it as its written. 

ACTING COUNCIL PRESIDENT PETERS – So you feel that its very clear that its just for 2012 correct?  (Yes)  Are there any other questions for the law director?  Ms. Scassa?

COUNCILWOMAN SCASSA – I don’t want to speak for Mr. Graber but I think maybe where the contention comes about is under section 3 where its outright repealing Ordinance No. 159 – 2008.  

LAW DIRECTOR STERGIOS – I’m assuming that 159 from my recollection set the split previously and now we’re changing the split and setting it this way.  So without I could pull 159 if you want to table this but I’m sure that’s what 159 had a different split and every year we typically do this and set the split just like we do on capital improvements funds from the general fund.  It stays that way for the stated time period in the ordinance or until we change it again.  But I could certainly pull that pretty easily and look at it.

COUNCILWOMAN SCASSA – Would we by having section 2 language in there with the time frame do we have to repeal the entire section then?

LAW DIRECTOR STERGIOS – Historically we’ve repealed the old ordinance and enacted a new split.  I mean it will stay that way until we change it again so I guess in a way its effective through December 31, 2012.  But we’re going to have to do a new one to set the split again.

COUNCILWOMAN SCASSA – If a new ordinance isn’t enacted then at the expiration of December 31, 2012 where does that leave the split?

LAW DIRECTOR STERGIOS – Maybe the same as it is right now I think but I don’t I’m not the auditor or the rec. department I don’t have these splits memorized.  But…

COUNCILWOMAN SCASSA – No, I’m just asking if we repeal section though and we have an expiration on the new split and council doesn’t take action by the end of the year for whatever reason I guess where does that leave the split then?

LAW DIRECTOR STERGIOS – We have to take action we can’t leave it sitting there.  I guess I don’t that answer but we have to do something we can’t just leave it sitting that’s why we have departments and an auditor they’ve got to bring it forward and council has to tell us how to appropriate these things if we have an expiration date.

ACTING COUNCIL PRESIDENT PETERS – Mr. Manson?

COUNCILMAN MANSON – Yes, I don’t if we had an ending date on the old ordinance.  It was just enacted and that’s what the percentage was set at and it stays that way until we change it.  The way I look at it is some time this fall we’ll start discussing next year’s budget and I think at that time it would be the parks and rec. job to go over this with the mayor.  I would think when we talk budget the mayor’s recommendation on the split would be part of that.  Either leave it as is or to amend it to something else and just vote it tonight pass it and let it go. 

ACTING COUNCIL PRESIDENT PETERS – Any further questions for the law director?  Mr. Chovan?

COUNCILMAN CHOVAN – Not so much a question just a statement.  I see where Andrea is going and I kind of agree with this I mean if we go to the end of the year and we don’t take action because it falls through the cracks like things have done in previous years around here then we’re stuck with a split here that may not be relevant.  Who knows we may want to have some money back into capital improvement for parks and recreation.  If all of sudden there’s a budget presented for next year and presented to us and we don’t catch this then you know I don’t know I just think there needs to be some language something different that says that we maybe it reverts to something else.  I mean this is repealing something that’s existing now and maybe it shouldn’t repeal it.  Maybe this should be a one year measure and it you know reverts back to the other to the existing ordinance now. 

ACTING COUNCIL PRESIDENT PETERS – Mr. Manson?

COUNCILMAN MANSON – I still say its not our job to catch it or anything its just I would think it’s the park and rec. board and they have a pretty solid board they have for a long time to make the case for the changing the split back next fall in preparation for 2013’s budget.  I think we’re just beating another dead horse here.  It could be we can change it we can even change it part way into next year as we’re doing now. 

ACTING COUNCIL PRESIDENT PETERS – Anything else Mr. Manson?  (No)  That’s all for you Mr. Stergios.  Thank you.  As chairman of the finance committee I might add that I don’t have a problem with it either.  I don’t believe its going to fall through the cracks I believe that we have you know a great parks and rec. board, we have a great park director.  I would think that our chairman of parks and rec. committee Mr. Slagle is very competent and he watches these things very closely.  I feel comfortable with that got Mr. Koher who’s also watching every little thing that we do as well as he should be.  So I think we have more things in place right now to watch this kind of stuff than probably we ever had. 

ACTING COUNCIL PRESIDENT PETERS moved to bring Ordinance No. 41 – 2012 forward for its passage, seconded by Councilman Manson.

ORDINANCE NO. 41 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  CHOVAN VOTED NO.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

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.

 

ACTING COUNCIL PRESIDENT PETERS – This ordinance is repealing Ordinance No. 32 – 2005.  We’ve discussed it every work session since Mrs. Halter brought it forward when she was chairman of the finance committee.  We resolved last Monday night that the parks and rec. board was okay with this and Mr. Straughn if you’d come forward maybe.  I’ll give you a chance to speak on this before we bring it forward. 

PARKS AND RECREATION DIRECTOR STRAUGHN The board voted 4-0 to approve the split as presented by the auditor.  After they had the opportunity to sit down with the auditor and educate themselves on where the monies are going and why the split was necessary.  So they’ve gone through the whole process they asked me to come tonight and represent them and tell you that they’re comfortable with the split right now.  I know that there’s the questions you Mr. Chovan about the years but I think it says in the ordinance and I know we’re going to be starting on the budget for next year fairly quickly.  At that point in time we’ll be able to forecast out our revenue projections for 2013 and at time that’s when the legislation will be presented.  The auditor did share with us that we have the right to make that to bring a split forward and change it anytime we wanted it.  So are there any other questions for me?

COUNCILMAN PETERS moved to bring Ordinance No. 34 – 2012 forward for its passage, seconded by seconded by Councilman Slagle.

ORDINANCE NO. 34 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 46 - 2012                      BY:   ENVIRONMENTAL COMMITTEE 

Amending CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, by amending existing Section 325.12 “SEWERS CONNECTION PERMIT REQUIRED; FEE” and declaring an emergency.

 

COUNCILMAN LEWIS  – Second reading.

ORDINANCE NO. 46 – 2012 WAS GIVEN SECOND READING.

ORDINANCE NO. 47 - 2012                      BY:   ENVIRONMENTAL COMMITTEE 

Amending CHAPTER 937 “WASTEWATER TREATMENT REVENUE FUND” of the Codified Ordinance of the City of Massillon, Ohio, by repealing existing Section 937.05 PAYMENT DATES; PENALTY CHARGE; 937.08 “ADMINISTRATION AND DISTRUBUTION OF FUNDS; 937.09 “ANNUAL RATES FOR SEWER SERVICE AND ding agreement for the sale of the department shall be subject to the ultimate approval of City Council.

 

COUNCILMAN LEWIS  – Yes, on this piece I would like to request that Mr. Ulrich from the Wastewater Treatment Plant be at the next work session to discuss with council any questions that they may have about the current EPA regulations and things that changed that way we have him as well as the city engineer to answer any questions we have.  Other than that I give it second reading.

ACTING COUNCIL PRESIDENT PETERS – Mr. Dylewski would you take care of I knew you would.  Okay.

ORDINANCE NO. 47 – 2012 WAS GIVEN SECOND READING.

ORDINANCE NO. 48 - 2012                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1331 “REGISTRATION OF VACANT BUILDINGS”, of the Codified Ordinances of the City of Massillon, and declaring an emergency.

 

COUNCILWOMAN HALTER – There was some concerns at the work session on wording of this ordinance and the following one Ordinance No. 49.  I have met with Mr. Kraft and will be getting together with the law director this week and we’ll have some corrections at the next work session.  Just so you know I’m giving this second reading tonight.

ORDINANCE NO. 48 – 2012 WAS GIVEN SECOND READING.

ORDINANCE NO. 49 - 2012                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1330 “REGISTRATION OF NON-OWNER OCCUPIED”, of the Codified Ordinances of t he City of Massillon, and declaring an emergency.

 

COUNCILWOMAN HALTER – Second reading.

ORDINANCE NO. 49 – 2012 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

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

KENNY HENDRICKS – President of Fraternal Order of Police Henderson Lodge 105.  Addressing the layoffs for city employees…

ACTING COUNCIL PRESIDENT PETERS – I need an address sir.

KENNY HENDRICKS – Two James Duncan Plaza, Massillon, Ohio.  Concerning layoffs its my understanding that everyone’s claiming that they’re saving money versus paying out benefit packages and what have you.  I don’t know if everyone’s aware yet or not I can only speak on day shift’s behalf we have 37 openings of overtime because of the shortage of manpower and vacations.  Starting next Monday until the last three weeks of the shift that’s going to add up.  I just don’t understand it I don’t see the logic in it I think its just a move for something else.  Thank you.

ACTING COUNCIL PRESIDENT PETERS – I’ll call on Mr. Slagle?

COUNCILMAN SLAGLE  - There’s all these people in the audience I thought there’d be more comment.  First of all I do want to comment on a couple of things that one thing is Frank Bruni recently wrote in the New York Times that too many campaigns and legislative battles are raged these days with violence instead of reason, cat calls in place of conversation the basis of instincts.  Your opponent isn’t just ill informed he or she is an idiot.  Your opponent isn’t just wrong headed he or she is an evil incarnate.  You know that flies in our community as well.  I need to address because someone had commented that I should be embarrassed about the income tax thing.  First of all, or on giving back our raises, first of all I wasn’t embarrassed by it because my decision had been made already I just had executed on it.  I was advised by someone by admitting I was going to give back my raise it looks like I’m capitulating.  Well I’m not capitulating I wasn’t embarrassed I won’t be embarrassed for the last three years many of us have given back our raises.  I was one of them I gave back more of my raises in the past three years than most on council at the time.  In fact the one person who’s not on council and should be commended for that was Dave Hersher.  How many people in this community knew that Dave Hersher when he sat on this city council gave back by far most of his salary?  Yet, he never took public credit for it that wasn’t in his nature.  He did his job and he did his job competently.  Yet because of the nature of our political system today rather than discussing these things reasonably its portrayed in the public as not being leaders.  Frankly in the old days when crazy Daisy would take their box down on the corner and stand on it and scream and yell their irrationality and their opinions most people discounted them.  Unfortunately in our world today with the internet crazy Daisy can say what she wants and no one knows that person is crazy Daisy.  So when we talk about these things in our community we should really discuss about what our intent is in bringing these up.  If its for political purposes then we should rethink why we’re doing it.  If its for the betterment of the community then there’s nothing wrong with bringing it out and discussing it.  We have incredibly difficult issues facing this council and the citizens.  We see all the people here today because they’re concerned about people losing their jobs 27 of them.  And yet we’ve been engaged in a system in which we’re talking about a pay raise that the majority of us gave back and had given back for years.  In fact the entire time we had it.  So we shouldn’t be led a stray by these things its like dealing in a triage system in which you’re dealing with a broken toe while someone’s dying with a heart attack.  We should deal with the major issues and those major issues following this city are significant.  So our options are we can continue to throw out rhetoric and continue to make snide comments about why people do things or we can actually work constructively for solving the problems of this city.  Now that means we have to put aside political decisions and we have to do it in a rational way.  That means that people in the past who made bad decisions should own up and say those decisions perhaps were bad then and do it right today.  So publicly I’m telling you I had every intent to give back my pay raise and more as I’ve done for the last three years.  I don’t think it should ever be a political issue I’m going to not speak on it again.  I didn’t raise it to begin with but frankly when I’m told I’m supposed to be embarrassed by it I’m not showing leadership qualities I take it personally.  Because its not affecting just me and this council it affects me as a person.  As my wife said I wasn’t properly wired to be a politician and she’s probably right I should have stayed out of the arena.  But I think all of us here should be interested in the same thing that’s trying to do the best thing for the city under the terrible circumstances that we’re faced with today.  Because don’t think for a minute that we have enough money if you read the Akron Beacon Journal on Sunday’s paper they were talking about every community in this area their tax revenue is down by at least 19%.  When its down that much we’ve got problems and we all have to work together to solve those problems.  Management, administration, council and the employees.  So publicly I’m not embarrassed I’ve done it the people that should not be embarrassed because these people have done it in the past including Mr. Manson gave back more than his raises in the past as well.  But its just a political football we should put that aside and move on.  Thank you.

DAVID BORRELL – Address is 3005 Meadowcrest NW, Massillon.  I wasn’t going to say anything but I sit here and watch this meeting today and everything I’ve been reading in the papers.  I am a facebook person I’m one of those facebook people just like a lot of these people here.  But we’re not hiding behind names like people that put stuff in newspapers.  We are here because we’re concerned, we’re here because we care.  I spent 24 years in the mill and you wouldn’t believe how many years Republic used overtime to try to save money.  I seen that use of overtime get people hurt.  I’ve seen people lose legs, lose arms, I am so concerned about the firemen, policemen with excess overtime being used and we’re not sure if its going to make a savings.  My biggest concern is I’ve seen different things in the paper that the head of the fire department, the head of the police department either don’t believe it will be a savings or not sure its going to be a savings.  I’ve seen numbers from the newspaper that says its going to cost the city and I’ve seen the mayor’s figures.  What figure is right?  We need you as leaders to get together and figure out what numbers are true.  If we’re using overtime in a wrong way and one of these people get hurt you are the blame.  Thank you.

18.  ADJOURNMENT

COUNCILMAN MANSON  - I move that we adjourn, seconded by all.

 

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MARY BETH BAILEY, CLERK,

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DONNIE PETERS. ACTING PRESIDENT

 

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