MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JUNE 3, 2013 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, June 3, 2013.  We have in attendance this evening; Bob Cyperski from the law department, Building Superintendent Bill Kraft, Community Development Director Ted Herncane and the Interim Safety Service Director Jim Johnson.  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 down or on vibrate. 

1.  ROLL CALL

COUNCIL PRESIDENT TOWNSEND We will wait one minute we have a Councilman Donnie Peters in the parking lot trying to find a parking space.  And it will just be one minute.  Now its 30 seconds.  Now its 10.  Roll call please.

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

Thus giving a roll call vote of 7 present.

COUNCIL PRESIDENT TOWNSEND present and this is the first time I’ve experienced any council members being absent.  So the next step will be I seek a motion to excuse Councilman Peters maybe I’ll take that back.  I need a motion to excuse Councilwoman Hampton.  Paul Manson?

COUNCILMAN MANSON – So moved.

COUNCIL PRESIDENT TOWNSEND Seconded by Councilman Slagle.  Roll call please.

Roll call vote of 8 yes to excuse Councilwoman Hampton from tonight’s council meeting.

COUNCILMAN PETERS – She’s in the military you got to cut…

COUNCIL PRESIDENT TOWNSEND Okay, then also I would like to make a note that Donnie Peters did show up for the meeting late.

2. INVOCATION

COUNCILMAN LEWIS Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN LEWIS – Chairman of the Environmental 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 – We are now at item #5 this is the section of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak on something please come to the microphone at this time and give your name, address all for the record and the topic you want to discuss at this time.  I see no one, hear no one. We move onto our introductions of ordinances and resolutions.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 57 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an amended agreement between the City of Massillon and Quest Specialty Chemicals, under the Ohio Urban Jobs and Enterprise Zone Program, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  We discussed this last week at the committee session and what we have here is an industry that we approved an abatement for them back in 2006.  They’ve met and exceeded everything that we’ve asked them to do.   They are being purchased by another company it was I’m sorry here Alco Industries when we originally approved it chemicals and plastics.  They are being purchased by US Chemical.  I’m going to ask maybe Mr. Herncane come up could I ask that he come up and give us just a little synopsis of this and also is Mr. Rickels here tonight maybe explain again about Lewis Bernard a little bit for us. 

COUNCIL PRESIDENT TOWNSEND – Who would you like to come up first?

COUNCILMAN MANSON – Ted, please. 

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Mr. President, members of council, Mr. Manson.

COUNCILMAN MANSON – Well just give us a little background on the company and what they’ve been doing you know to this point where they’re already located in Massillon and what you know what their move is here. 

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Sure, in 2006 the city entered into an enterprise zone tax abatement agreement with US Chemicals and Plastics.  They’re located down on Nova Drive SE.  The abatement at that time was for a building addition of little over 14,000 square feet to be used for the production of paint and other paint related products.   They were actually just awarded if you read the newspaper here last week or so they just won a president’s “e” award for exporting.  So the company is doing very well they like you’ve said they’ve exceeded expectations in their job creations and retention.  The new company or new owner I should say Quest Specialty Chemicals is in the process of purchasing the company.  They intend on staying at that facility and honoring the agreement that the city made with US Chemicals in 2006. 

COUNCILMAN MANSON – Okay, I was running both of these together I’m sorry.  Is there anybody that has any questions for Mr. Herncane?  It’s my intention to move this forward this evening.  Thank you.

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.

ORDINANCE NO. 57 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

ORDINANCE NO. 58 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Lewis Bernard, Ltd, Midwest Health Services and Midwest Innovations, providing for the construction of a new office building within the City of Massillon Community Reinvestment Area.  This project will retain the 18 employees along with creating 2 new full time positions within the City of Massillon Community Reinvestment Area, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  We have one of the owners here Mr. Rickets I’m going to ask if he would please come up to the microphone.  And also his business partner is Joseph Penezer.  This business has been in town for quite a while.  I know they have a building up on Lincoln Way West close to the Dairy Queen up there.  They’re building in an area down there that number of years ago we considered blighted and we cleared that area and other than the theater its been kind of slow to redevelop.  So myself I’m really happy to see this happening.  But I would like them to explain a little bit about his business maybe a little of your history in town here.  And also explain again about Lewis Bernard because I’m sure everybody wants to know who that guy is.

TOM RICKELS – I live at 16335 Georgetown Street NE, Minerva, Ohio.  Yeah, try to make to this not go too long we have been Midwest Health Services started by Mr. Knetzer he apologizes he’s in Florida right now.  He probably doesn’t apologize that much but, but he started the company in 2000 and it provides residential services to people with developmental disabilities.  We started in the Stark and Wayne Counties area we’re currently in seven different counties now.  Midwest Innovations is a company that Mr. Knetzer and I own together and we provide day services which is the facility up in Massillon up by the Dairy Queen.  We also have three other facilities in Stark County as well as five other facilities around the state.  And Lewis Bernard is actually just our property company which we both own and my middle name regretfully is Lewis and his middle name regretfully Bernard and we thought that was just quite interesting and it sounded pretty good at the time.  But it really is because what we do is we work with people with developmental disabilities and we started out with the concept of just simply leasing our properties.  We’re to the point where we feel it is more profitable to buy or just better for us right now.  Like I said we want to reinvest in Massillon downtown we like it here just had lunch at Kosmo’s or supper at Kosmo’s.  I enjoy being able to walk to various places down here.  But we separate that because operating properties is different than providing services to people with developmental disabilities and we felt it was better to have it separated, separate company and that’s what it does.  We currently employ 18 people now we are on the fifth and sixth floor of the Chase Bank building and we’ve been there I believe for seven years no we’ve been there longer than that because I’ve been here almost eight so about nine years.  And we also but we looked around we also looked at the site up closer to MI but it didn’t work out where the old gas station was at.  And we found the lot behind Yunds’ it will be about little bit short of 10,000 square feet will have a basement to it.  So we’re just very happy to able to stay in downtown Massillon.  Hopefully help us on development and if anybody has any questions I’ll try to answer them the best I can. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions?

COUNCILWOMAN CUNNINGHAM-HEDDERLY –  Is it one or two floors above the basement?

TOM RICKELS – It’s actually one floor above the basement.  It will be the basement and then one floor.  We want like I said our original plan was to was to actually have about 7,000 or 8,000 square feet flat however there was something that the lot wasn’t compacted which I don’t understand maybe somebody else does so we have to dig it out.  So we decided we’re going to dig it out we’ll go with 5,000 square feet in the basement we’ll have mainly a training area and our IT person and all the wires and gadgets that go with that and then we’ll have 5,000 square feet up.  But it will not be two stories it will be a basement and one story. 

COUNCIL PRESIDENT TOWNSEND – Are there any more questions?  Councilman Manson?

TOM RICKELS – Again, thank you for letting me have this time to talk to you.

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. 58 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

ORDINANCE NO. 59 - 2013                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Home Health Fund, 2105 Stormwater Utility Fund and the Community Development Block Grant Program 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 three sections to it.  Start with section 1, appropriate from the unappropriated balance of the Home Health Fund for the year ending December 31, 2013, $100,000 to an account entitled Home Housing Program 1229.845.2814.  Section 2, appropriate from the unaappropriated balance of the 2105 Stormwater Utility Fund for the year ending December 31, 2013, $25,000 to an account entitled Storm Sewer Repairs 2105.425.2510.  I believe there was a question Monday night that we were going to bring somebody up to…

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I have the information for you.

COUNCILMAN PETERS – Okay, can I call the safety service director up?

COUNCIL PRESIDENT TOWNSEND – Sure, would you like to come up?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Evening Mr. President, council, Donnie.

COUNCILMAN PETERS – I don’t remember the question so you obviously do. 

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Okay, well, that’s good because I did write it down and I did take it to Keith knowing that he probably would not be here tonight.  Okay, the question was how many of these storm catch basins are we going to get done for the $25,000.  We get done an average of one of them cost us an average of $5,000.  Okay, more or less depending on the curbing and/or the piping leading into it.  So you could get as many as 10 here you could get more, you could get a few less.  But an average is $5,000 a piece.  Just depends on the condition once they get into it.

COUNCILMAN LEWIS – Yeah, that’s only five.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Five, I’m sorry.

COUNCILMAN LEWIS – I just wanted to make sure we got the right number.

COUNCILMAN MANSON – You did.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Okay, you’re right.

COUNCILMAN PETERS – Any other questions for the safety service director?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Well, if they’re less you might get ten.

COUNCILMAN LEWIS – There you go then we could make that happen.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Okay.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – Have any of the catch basins been designated that are going to be repair or is that coming later?  Or is there are the most severe ones getting done first or I guess would you have nay idea as to that?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I would tell you I don’t have any idea but I would bet you knowing our engineer that he triages them.

COUNCIL PRESIDENT TOWNSEND – Are there any more questions for Mr. Johnson?  Thank you.  Mr. Peters, what is your motion?

COUNCILMAN PETERS – I’m not done with the ordinance yet.  I that was section 2.  Section 3, appropriate from the unappropriated balance of the Community Development Block Grant Program Fund for the year ending December 31, 2013 the following: $92,000 to an account entitled Target Area Street Improvements 1203.845.2812 and $15,000 to an account entitled Youth Summer Recreation 1203.845.2874.  Are there any questions? 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa.

COUNCILWOMAN SCASSA – Thank you.  The legislation that we got from Mr. Herncane on Friday the Target Area Street Improvements if I could him up.

COUNCILMAN PETERS – Yep, yep.

COUNCILWOMAN SCASSA – Okay.  I just asked him I don’t know if I missed it and what came through but do we have the streets designated I guess similar question that I just asked Mr. Johnson designated that this money will be going to fix.

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Yeah, for this $92,000 and then the 10 that the city engineer had appropriated a week or so ago the project is going to include 14th Street SE from Walnut Rd SE south to end, 14th Street SE from Pearl north to end, 6th Street NE from Lincoln Way East to North Avenue and Stadium Rd from Oak to 19th SE. 

COUNCILWOMAN SCASSA – Thank you for Stadium Rd. 

COUNCIL PRESIDENT TOWNSEND – Are there any more questions for Mr. Herncane?  Thank you. 

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Thank you.

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.

ORDINANCE NO. 59 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

RESOLUTION NO. 9 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Reversing the decision of the Massillon Zoning Board of Appeals made on April 17, 2013 wherein the Zoning Board of Appeals denied a variance from the Massillon Zoning Code for a proposed garage at 222 Lake Avenue NE, on Parcel No. 109155WH in the City of Massillon, Ohio, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Thank you, Mr. President.  Mr. Gliba is here I don’t know if anybody else has looked at this property.  Is there anybody that I guess I’d like to ask myself I’m in support of what Mr. Gliba is trying to do here.  And I’ve been up and looked at the property a couple times.  There were some questions we asked for the minutes from the Zoning Board of Appeals.  There were a lot of things brought up but the only real important things to me were one there maybe you know somewhat of a water problem up there that some people were complaining about.  And the other is what the variance is all about allowing him to build the garage rebuild the garage two feet closer to the property line.  Like I said right now I’m in support of it now if you need more information I’d be willing to delay this one more committee session.  But I will gladly discuss any of the stuff that I’ve found with you and I’ll give you my feelings on why I think we should go ahead and approve this.  But if there are serious reasons to wait a little while I don’t have a problem with that.  I know Mr. Gliba has been working on his home for awhile its obvious if you go up there and I know he’s anxious to start but a couple more weeks right at this time may not be insurmountable.  I guess I’d like to hear from the rest of the people here myself. 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters, you have a question?

COUNCILMAN PETERS – Well, I, I don’t have any problem with it like Mr. Manson per say.  But we have yet to hear from Mr. Kraft.  I’d like to hear his maybe his opinion.  I mean you know he’s been doing this long enough and I kind of respect the things he does and says so I’d like him maybe to come forward. 

COUNCILMAN MANSON – Could we just hold that for a second there was another hand that maybe we can answer that and then we could get him up and maybe do it all. 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – In reading through these and I don’t know if we can call Mr. Gliba up when you had mentioned about the water problem it doesn’t sound like there’s any from the minutes that there was any existing water problem.  And sort of taking all of the comments as a whole and I don’t know to me it sort of seem like are they just speculating that’s going to be a water problem?  Because from what I read from these minutes it didn’t appear as though there is an existing water problem and there’s a garage there currently.  So I guess when I’m reading it I don’t know how extending it two feet or whatever is going to create a water problem.  I guess I wanted a clarification I didn’t know if I missed that or…

COUNCILMAN MANSON – I’d like to answer that.

COUNCIL PRESIDENT TOWNSEND – Okay, Councilman Manson would you like Kraft to come up first or maybe Mr. Gliba.

COUNCILMAN MANSON – Well, I’d like to answer that then he can add whatever he wants to it.  I went up there there’s I have a few questions yet for Bill myself but I went up and looked and there are three people involved Mr. Gliba and the neighbor on each side.  I don’t know how many letters we send out when there’s a request for a variance how far away it goes.  But what I did notice is all three homes have their downspouts on top of the ground, on top of the ground running out.  So if you’re down hill you’re bound to be a little bit of a problem.  So myself to rectify this problem my thinking was maybe we could add a line to the ordinance that said that Mr. Gliba would have to bury his downspouts and run them to the street.  I think that would be appropriate.  And I’m sure Mr. Kraft can give you a little bit more on that too.  But that’s that’s what I saw being there.  In fact one of the spoutings there was a clay tile in the concrete cemented in the old sidewalk that will be coming out with this that it ran out to the front to the street and its just plugged up over the years it just got plugged up.  So I would assume with all the work that he’s doing that he intends to do that.  That would be something that I think we should request as part of this ordinance if we do approve or resolution I’m sorry resolution if we do approve him going ahead. 

COUNCIL PRESIDENT TOWNSEND – Before Mr. Kraft come up may I ask for Mr. Cyperski to come up for a second?  Question, adding a line as Mr. Manson stated can this body do that without the resident revising his application to submit to the planning commission because it changes it adds on an additional modification from the original application?

BOB CYPERSKI – The modification isn’t one that is a significant a matter to the actual application.  Basically we’re just he’s just adding a provision to run downspouts out into the road which basically means that they’re being placed in the ground and moved out.  So I don’t think there would be a significant enough of a change to require to go back to the board of appeals for any type of variance additions. 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson would you like Mr. Kraft to come up?

COUNCILMAN MANSON – Yes, please.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I had a question maybe I missed it but do we know why they denied his request?

COUNCILMAN PETERS – Well, I think he’s going to tell us.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Okay.

COUNCILMAN MANSON – Just before we get to that since its my ordinance I’d like to comment on it.  It doesn’t specifically say at least I don’t see it anywhere in there.  Now that’s why I said that the only real problem I saw was with maybe some storm water run off the spoutings and stuff.  But other than that the only real issue is whether or not they’re allowed he’s allowed to build two feet closer to his property line.  The other things really I don’t believe had much to do with it.  Having said that…

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter?

COUNCILWOMAN HALTER – Thank you, Mr. President.  I also went up to the house today and the neighbor happened to be out so I talked to the neighbor man and according to him he’s definitely against it.  He feels that it will bring property over to close to his house and I went and looked in the backyard for the addition and all I know is that if I lived next door to him I wouldn’t be in favor it.  But of course like I said we live in a house where we have empty lots on both side so I’m not used to having a house that close to me.  And those houses on Lake are really close to each other.  I don’t know I forget what the footage is they said what eight feet which didn’t look like eight foot eight feet to me.  But I didn’t take anything with me to measure.  But I just wanted to mention that I’m sure Bill has all the facts. 

COUNCIL PRESIDENT TOWNSEND – Okay, Mr. Kraft?

CHIEF BUILDING OFFICIAL KRAFT – Mr. Chairman, council people, Mr. Manson.  It was brought forth because I believe my ruling is to is is is that it was going to be built too close to what the established zoning laws are.  Now you’ve got to remember that allotment was first constructed by Mr. Chet Kueper prior to zoning.  So its basically non-conforming use the way it is right now.  So the garages were small at that time all the way up and down.  Cars wasn’t as large as what they are.  I read the zoning minutes into the Board of Zoning Appeals and turn the meeting over to that board cross reference as you know of the city.  I truly believe that it wouldn’t be a detriment to it.  The meeting went on that a lot of other issues came up with the owners on both sides their heirs or their apparent heirs was doing an awful lot of the speaking.  A lot of issues came up but the main issue is to just the two feet.  Is to reconstruct brick veneer and its just the person is parking his pick up truck on Second Street and has for some time and walks across.  So this would allow him to get this larger vehicle in he needs two feet as the way he did it.  I will also say I agree with Bob because in the Board Zoning of Appeals section that board could modify and I think if they can modify this body can modify too that the existing deteriorated clay tile that was allowed at that time be run be redid and put into that.  Because that seemed to be the biggest problem.  I have never seen and my grandfather and my dad and I when we were in the plumbing business we did all those lots when they were undeveloped.  Of course I was just a baby you know there’s no there, there it just is not a standing water problem now.  And Mr. Manson did a very eloquent job of trying to get this back into order.  I made mention to the Board of Zoning Appeals basically what I started out and said previously that they need to read a lot of things what they can really do.  As people come in and do some concerns they just they really let the meeting get out of hand.  The issue is just the two feet of the garage.  You could modify I totally agree and I tried to express that but I am only the person I’m not there to get up here like am I tonight.  It’s their meeting and no one from the board asked any questions.  They just voted and that’s where we’re back now as the procedures are to come back to this body and then it go onto Stark County Common Pleas Court if we can’t get satisfaction here at council.  Other than I hope I didn’t bore you or delay you but that’s my assessment. 

COUNCIL PRESIDENT TOWNSEND – Any more questions for Mr. Kraft?  Thank you.  Councilman Chovan?

COUNCILMAN CHOVAN – Thank you.  Mr. Gliba, could I just ask you a question?  You think when you were front of us before you did state that you were willing to run the downspouts out to the road did you not?

GEORGE GLIBA – 222 Lake Ave NE.  Yes, I said I could run along the driveway.  I mean I don’t think they had to be clay or anything…

COUNCILMAN CHOVAN – Right, but I mean you could you’d bury them, you’d bury them?

GEORGE GLIBA – If that’s what they wanted I was more than willing to do that.  Because you know because I live on a hill I mean the house is on a hill.  So the spout would just the rain would just run to Lake Street.  I mean…

COUNCILMAN CHOVAN – I just I pretty much just wanted that on the record that you already told us that you would do that. 

GEORGE GLIBA – Yeah, see that I don’t think that was really an issue the initial well it might have been.  But I never got to say anything after they spoke.  So I mean I tried to do the best I could and I said I would run them like the second time I was here I said I would run the downspouts and that I’d run a drain along the side of the driveway you know and maybe halfway down because its on a hill it doesn’t have to go all the way to the street you know.  So I mean then in the back its kind of grated to the easement and that’s where it goes now.  I just don’t know why he was adamant about to being two feet closer.  I mean like I haven’t spoke to him since then I mean you know because quite honestly he’s wishy-washy.  Three days before that he said he didn’t have a problem with it.  Now I don’t know if his wife got in his ear, his kids got in his ear.  I don’t know but three days before that we were talking because the sidewalk’s three foot. It goes along the side of the house and I was trying to tell him that it would be two foot and he’s like oh I don’t have a problem with it.  Then three days later you know so…  Now…

COUNCILMAN CHOVAN – Alright, thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson, you still have the floor. 

COUNCILMAN MANSON – Okay, go back through this again a little bit.  If you go up there and look at it there was some talk I don’t know if it shows up in the minutes but I guess there was some talk about some people felt that Mr. Gliba didn’t keep his property up the way they wanted.  Well the property is immaculate he’s already put a lot of money into the concrete on the front of the house.  If you go and look at the downspouts you can tell its obvious that he would be probably going to run those out to the street.  You know some people don’t like things changed besides them and stuff like that but you know that’s like Mr. Kraft said these would be like substandard lots no matter what.  I mean its they were built when the guy just wanted to build you know single car garage and that was it.  Nobody is going to be able to drive make it put a driveway around their home to their backyards or anything.  I mean they’re just really they’re basically landlocked they’re all the one house to the west between his foundation and theirs is twelve feet.  The house to the east between the foundation on the garage and the house to the east is thirteen feet.  But you know they’re all somewhere in that area you know and I imagine you know as the builders at that time if you knew you were in the confines of the lot if you’re off a foot or so in one way or the other you probably weren’t that concerned about it.  But I I think its great that the man is investing in it he’s taken a lot of trees out of the backyard over time or somebody’s taken trees out and the place really looks good.  And one part of the water problem that’s not going to change is it is down hill so the water comes from his neighbor onto his property and goes on to that property and goes on down the hill.  So those things but as far as if we could get the storm water off the roofs and get that going out towards Lake Street I think that problem would be totally alleviated.  One spouting right now maybe giving his neighbor a little bit of a problem but like I said if you go look at it you can tell he intends to fix that up before he’s finished.   

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter. 

COUNCILWOMAN HALTER – Thank you, Mr. President.  I was just going to ask Mr. Gliba about the sidewalk along side your garage that’s three feet?  (Right now, yes)  Three feet out, okay.  And what about in the back is the garage an addition that you’re adding to the back of the garage is that going to be four feet?  It says here add four. 

GEORGE GLIBA – Yeah, there’s going to be its going to be like a…

COUNCILWOMAN HALTER – It’s going to stick out about four more feet in the rear?

GEORGE GLIBA – Yeah, actually do you have the drawings Paul? 

COUNCILWOMAN HALTER – Yeah.

GEORGE GLIBA – I left the drawings.  The garage is going to be like enclosed its going to be like between 20 and 24 feet.  Now its like 20.

COUNCILWOMAN HALTER – Yeah, it says your going to add four feet to the rear.

GEORGE GLIBA – Yeah, well we’re going to have to move it back.  (Okay)  Because the chimney’s there so everything’s gotta move back as far as the front of the garage door where the garage door is.  So its going to add I’m going to move it back four feet from the front and that’s going to add four feet to the back.  And there’s going to be another six feet like a carport in the back its going to have two garage doors one in the front and one in the back. 

COUNCILWOMAN HALTER – So your adding like ten feet to the rear its not there now. 

GEORGE GLIBA – Well, there’s did you look at there is some cement there already that’s like eight foot right now.  So I would say probably another four feet beyond where it is now four to six.  I didn’t bring the drawings I left Paul a set.

COUNCILWOMAN HALTER – Okay, thank you. 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters. 

COUNCILMAN PETERS – Thank you, Mr. President.  I’m going to try and be as eloquent as Mr. Manson I my only problem is and I don’t have a problem I don’t want the Zoning Board of Appeals to take this the wrong way but the only problem I have is we have the head building guy that’s been doing this since I was born and I just my problem is that they didn’t let him render an opinion or they didn’t ask for one.  I that’s my only problem with that and after hearing Mr. Kraft talk I’ve known him long enough to read through a lot of this I don’t think he per say has a big problem with it.  So I’m leaning towards granting Mr. Gliba his variance. 

COUNCIL PRESIDENT TOWNSEND – Okay, Councilman Lewis. 

COUNCILMAN LEWIS – I just wanted to state that typically I’m not inclined to overturn a committee’s ruling I mean on these boards and committees we have they’re there for a reason.  I think if we start overturning too much we’re kind of like strangling them out.  However, from the minutes as Mr. Peters already presented they didn’t really grab any professional opinion on the matter.  I don’t see any clearly stated reason for denying the variance.  If someone would have at some point stated this is my thought process I’m denying it.  Further to the fact that I’m imagining that the neighbors have been made well aware of the process here at the council chambers of the appeal.  I mean if they’ve been made aware and they haven’t arrived then I’m curious as to their commitment to wanting to oppose this knowing that this matter was going before the next chain of command.  So are we saying they have not been notified or they have been notified?

COUNCILMAN MANSON – I don’t know other than I talked to the one neighbor today when I was there.  But…

COUNCIL PRESIDENT TOWNSEND – Usually in some cases they do send letters out to neighbors I believe within 300 feet. 

COUNCILMAN PETERS – Not on an appeal.

COUNCIL PRESIDENT TOWNSEND – Not on an appeal, okay.

COUNCIL CLERK BAILEY – No, we do not send out notices for an appeal.

COUNCIL PRESIDENT TOWNSEND – Just on the initial process, okay.

COUNCILMAN LEWIS – Well, that makes it I guess a little more complicated because if they were not made aware of the appeal so they were not told to be here to present their case then I guess we can’t really hold that against them.  So I don’t know…

COUNCIL PRESIDENT TOWNSEND – Come up Mr. Cyperski.

BOB CYPERSKI – I just wanted to address that issue if I may at the Board of Appeals they’re advised that there is an appeal process and that if they want to be involved in that appeals process they can call as to when the next hearing would be and that type of thing.  So they’re aware of when they can appear and when the next process would be involved in the situation.

COUNCILMAN LEWIS – And I do remember reading that in these minutes that was stated.

COUNCILMAN MANSON – Yeah, it says they were told that there’s ten days allowed for an appeal at the end last sentence I believe on the last page. 

COUNCILMAN LEWIS – And we’ve received no communication from any of the neighbors?

COUNCIL CLERK BAILEY – No,

COUNCILMAN LEWIS – Alright, that’s all.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson, you have the floor.

COUNCILMAN MANSON – Well, first I would like to make a motion to amend it this is still first reading and put in there that Mr. Gliba will take care of the downspout issue.  So I’d like to make a motion that says that first of all wait a minute we’re rejecting we’re turning down the Board of Zone…

COUNCILMAN LEWIS – We’re reversing so a yea vote is to reverse.

COUNCILMAN MANSON – Okay, so we will be voting yes. 

COUNCILMAN PETERS – Wait, if we’re turning down we vote yes.

COUNCILMAN LEWIS – Yeah, it says reversing the decision so if you want to reverse if you desire to allow him do it to build you say yes, if you want him to not be able to build you would say no. 

COUNCILMAN PETERS – Alright, but what’s that got to do with your motion to amend?

COUNCILMAN MANSON – Well, I wanted to make a motion that we put that in there about the, the downspouts the issue would have to be dealt with. 

COUNCILMAN CHOVAN – Would you put it in the resolution or would you just do that to the building department through the permitting of the building department?

COUNCILMAN LEWIS –  I don’t think we can I would have to say I don’t think we can do that.

COUNCILMAN MANSON – Well, we already had one opinion that said we could.  It’s not that significant.  They could have done that at the Zoning Board of Appeals, they could have.  Just let me say something here on some of these things here when they get testy like this there are times I was on the Planning Commission and stuff we just voted maybe yes or no and sent it along to council to try to resolve the thing.  That happens some times too you know they may not have given any reason for it all maybe there was some controversy there and they didn’t want to deal with it.  So that’s how it ends up at council and we did that when I was there sometimes there were hot buttons issues and we would just allow them to go there…

COUNCILMAN PETERS – Yeah, they don’t make the big bucks we do that’s why.

COUNCILMAN MANSON – Yeah that’s right exactly.  How would I word that I guess Mr. Slagle what would be a good way to word that about the storm water?

COUNCILMAN PETERS – Well usually you know everything come on.

COUNCILMAN MANSON – I’d like to put in there I’d like one line I would like one line added to that ordinance that said Mr. Gliba will take care of the downspout issue and it will all be buried and run to the street.  Can you get that Mary Beth?  (Yes)  Read it back to me please.

COUNCIL CLERK BAILEY – I’ll redo it in the resolution (Okay) that you’re having the downspouts…

COUNCILMAN MANSON – We’re requiring that he bury his downspouts and route them to Lake Avenue so the water’s running…  after which word?

COUNCILMAN LEWIS – Approved in section 1 so it would read: and hereby determines that the request for a variance should be approved provided the owner of the property runs down spouting from his roof to Lake Avenue. 

COUNCILMAN MANSON – Okay, provided the property owner will run downspouts to Lake…

COUNCILMAN PETERS – And you guys may have to correct me on this but I don’t think this is not an ordinance it’s a resolution so I don’t …you can change it and we can vote on it you don’t have to vote for suspension on a resolution. 

COUNCIL PRESIDENT TOWNSEND – Yeah, we have to vote to suspend it its not at third reading.

COUNCILMAN PETERS – It don’t resolutions don’t have to go three readings.

COUNCILMAN LEWIS – Because there’s an amendment first I guess.

COUNCIL PRESIDENT TOWNSEND – Well, we still have to suspend the rules. 

COUNCILMAN MANSON – I still believe we suspend the rules on resolutions.

COUNCILMAN PETERS – Well we can to be safe but I don’t think we have to.

BOB CYPERSKI – I believe you do.

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – I think we should say something there with a subject to the approval of the Mr. Kraft though.

COUNCILMAN MANSON – Subject to the building department’s approval. 

COUNCILMAN SLAGLE – Right, that way if any dispute comes between the two of whether it was done right or not right it…

COUNCILMAN PETERS – We can blame it on Bill. 

COUNCILMAN SLAGLE – Well he’s the expert.

COUNCIL PRESIDENT TOWNSEND – So if there’s a dispute after Mr. Kraft inspects it does it come back to council or Planning Commission?

COUNCILMAN PETERS – No, he just won’t give him the permit he’ll make him tear it up and he’s got the law on his side now.  Sorry I’m out of order but…

COUNCILMAN MANSON – Okay, what we’re going to say in section 1, the Council of the City of Massillon deems it in the best interest of proper community growth to reverse the decision of the Massillon Zoning Board of Appeals made on April 17, 2013 and hereby determines that the request for the variance should be approved provided the property owner will run downspouts from the property to Lake Avenue subject to the building department’s approval.  Close enough?

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS –  Second that.

COUNCIL PRESIDENT TOWNSEND – You second.   Seconded by Councilman Lewis.  Roll call for suspension.  For the amendment.

Roll call vote of 8 yes for the amendment.

RESOLUTION NO. 9 – 2013 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – And haven’t had too many of these first reading, then…

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

COUNCILMAN PETERS – Point of order, are we doing it right?  I mean are you sure its not a no or…

COUNCILMAN LEWIS – This is for suspension.

COUNCILMAN PETERS – Oh, okay, yes, sorry scratch that point of order.

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

COUNCIL PRESIDENT TOWNSEND – Yes, Councilman Manson?

COUNCILMAN MANSON – Could I point before we do vote it is yes that we are reversing the decision of the Zoning Board of Appeals and approving the variance based on the line that we added.   Okay, so if you’re in support of it its yes, if not no. 

RESOLUTION NO. 9 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE TO OLD CAROLINA BARBECUE CO LLC DBA OLD CAROLINA BARBECUE CO 2482 LINCOLN WAY E MASSILLON OHIO 44646

LETTER FOR OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE TO DOLGEN MIDWEST LLC DBA DOLLAR GENERAL STORE 10289 2150 WALES RD NE MASSILLON OHIO 44647

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE TO 37 ERIE LLC 37 ERIE ST N MASSILLON OHIO 44646

COUNCIL PRESIDENT TOWNSEND – And do that council person have a copy of it?

COUNCIL CLERK BAILEY – Yes.

COUNCILMAN SLAGLE – Mr. President?

COUNCIL PRESIDENT TOWNSEND – Yes, Councilman Slagle?

COUNCILMAN SLAGLE – Thank you.  What for what business is 37 Erie LLC?

COUNCILMAN PETERS – Alibi.  I know my bars man just ask. 

COUNCILMAN SLAGLE – Thank you.

9.  BILLS, ACCOUNTS AND CLAIMS

A). REPOSITORY - $102.00

COUNCIL PRESIDENT TOWNSEND – Mr. Peters, may we have a motion to pay the bills?

COUNCILMAN PETERS – I make a motion that we pay the bill, seconded by Councilman Slagle.

Roll call vote of 8 yes to pay the bills.

10.  REPORTS FROM CITY OFFICIALS

A). AUDITOR SUBMITS MONTHLY REPORT FOR MAY 2013 B COPY FILE.

COUNCIL PRESIDENT TOWNSEND – Mr. Peters, may we have a motion to accept the auditor’s report?

COUNCILMAN PETERS – I move that we accept the auditor’s report?  Seconded by Councilman Slagle.

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

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Do we have reports of committees?  No reports.  We do have a work session next week on Monday, June 10th at 6:00pm.  I don’t believe we have any public hearings.

COUNCIL CLERK BAILEY – No, we do not.

COUNCIL PRESIDENT TOWNSEND – Okay, so there are no public hearings. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Any resolutions or requests Councilman Manson, you have a question? 

COUNCILMAN MANSON – Yeah, no, I was getting ready for you, you didn’t finish reading it that’s what I was…

COUNCIL PRESIDENT TOWNSEND – Oh, okay, resolutions and requests of council members.  Councilman Manson?

COUNCILMAN MANSON – Yes, had a couple things that haven’t been answered yet and I’m getting anxious to hear a little bit about them and a couple of things I want to comment on.  We brought up two things in the past probably its been two months now since we first brought them up.  One was the problem with the street lighting and losing our grandfathered rate and the other one was the parking signs on the streets.  I went and looked into the street lighting issue a little bit and I’m a little irritated about some of the things that have been said and done said in the paper and some things that have happened.  You know not long ago we most of us supported nearly all of us supported putting the income tax issue on the ballot.  Several weeks before that went to the ballot the mayor was on the front page of the newspaper saying that she thought that was premature.  Then about a week and a half after the vote was and it went down the mayor sent a letter to the state auditor I don’t think she let anybody know in advance and asked them to come in here and look at us and consider whether or not we should be put in fiscal emergency or fiscal watch.  This street lighting thing I don’t care how it comes out its already cost us $95,000 this year.  They keep saying we’re like $2.7 million in the hole we were that much in the hole they said a year, year and half, two years ago.  The way I look at it we have stopped the bleeding maybe its not getting a lot better yet but we’ve stopped the bleeding.  According to the auditor that number’s more like $2,580,000 rather than $2.7 million dollars.  But there are some things that the present administration is doing and adding to it.  That letter that I read that went to the state it kind of offended me it sounded like that everything the mayor was doing was just fine and you know it was putting all the blame on the past administrations, current council and stuff like that.  Well…

COUNCIL PRESIDENT TOWNSEND – Excuse me Councilman Manson, could we wait till we get towards the end because this is resolution and requests of council members?

COUNCILMAN MANSON – Yeah, well that’s that’s part of it.  I’m asking for an explanation.

COUNCIL PRESIDENT TOWNSEND – Oh, okay that’s your request.  Okay.  

COUNCILMAN MANSON – But I also want to tell why I’m asking for that explanation we were told it was going to come and we haven’t heard anything so I had to go ahead and do my own research on it.  Like I said its cost us nearly $100,000 doing it.  I guess we have the safety service director if he wants to answer these things also I’d like to know where this situation is in the sergeants.  You know we have an ordinance says we’re only allowed six sergeants and the mayor said well she’s not going to take anybody off.  This is costing us money going to court and fighting this.  I would like some of these answers on these things.  It just seems its delay, delay, delay, delay, delay and hopefully it will go away.  I think we need the answers.  Mr. Peters went as far as talk about even bringing an ordinance forward and outlawing signs permitting parking like this.  And I didn’t hear anybody on council say they thought it was a good idea that we do that as far as the streets.  Our parking lots maybe one thing but on the streets there’s not enough parking on the streets anyhow and if I was a downtown merchant I would I would be upset if other people were getting it and I wasn’t getting it.  And that’s the types of things I’m hearing so if he wants to answer them now fine if not I want the answers soon.

COUNCIL PRESIDENT TOWNSEND – I think possibly maybe someone can send an email to the administration and maybe at the next work session maybe she can back and…

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I’m ready I have some information…

COUNCIL PRESIDENT TOWNSEND – Okay come on up Mr. Johnson.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Evening again.  On the street lighting the problem has been corrected.  We had two, two accounts that went back to Edison that had a tax tariff on them and those have been corrected and they are back, back to where they belong.  The situation has been corrected.  On the…  

COUNCILMAN MANSON – Is it going to be at the same grandfathered rate?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Yes.

COUNCILMAN MANSON – Okay.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – On the signs I did meet with Mancan.  I did hear a couple of sidebars from yourself and Councilman Peters that maybe a solution to this for the Mancan situation and we watch what we do in the future more closely would be to put hours limiting that parking down there.  I talked with Mancan as to what they needed for those hours if its 7:00 to 5:00pm Monday through Friday, holidays and weekends excluded.  That is what has been added to those signs.  I will personally watch that in the future myself.  Again, I was journaling in a previous decision. 

COUNCILMAN MANSON – Back to the electric you are aware that we spent $95,000 on that right?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – On what sir?

COUNCILMAN MANSON – On the street lighting because of what we did the error we made.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I understand that there was an error but my numbers are showing or the numbers that I’ve been given are showing that we still saved money from AEP that will balance out at the end of the two year contract.

COUNCILMAN MANSON – The auditor’s office says that last December and before that we were spending $24,000 monthly on street lighting and now its $43,000.  And there will be a new rate sometime this month but they’re kind of holding their breathe to see if we do get the grandfathered rate that we got originally. 

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I have been assured by Mr. Martinez you will get the grandfathered rate.  I’ve also been assured that AEP that the savings that is that will be accumulated on the two year contract with them on the remainder of the accounts that they are holding will out weight what has been lost in that period.  It may not be as substantial as what AEP had first thought but there will be a savings. 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Thank you, Mr. President, before I forget maybe it would be wise for us then to ask for the auditor to provide us with an 18 month history of street lighting cost by month.  Then detailing when the switch occurred so that we can see what the cost was when we switched.  That way we have it in black and white from the auditor’s office. 

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – And you’re going to have to wait until that two year contract is up with AEP to see where that balance is at.  Okay, AEP is projecting a savings at the end of that two years yeah.

COUNCILMAN LEWIS –  When did AEP start?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – To my knowledge January 1.

COUNCILMAN LEWIS – Of this year?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Yes.

COUNCILMAN LEWIS – And they’re saying after two years we’ll see savings?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Yes, because they’re they’re your energy supplier at this point. 

COUNCILMAN LEWIS – But they’re charging more on the front end?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – No.

COUNCILMAN LEWIS – I mean that doesn’t make sense if we have one person saying well last year we spent $20 some thousand a month and now you’re spending $43,000 a month.  But I promise you at the end of two years you’ll save money I don’t see how I’m saving money.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Well, AEP is saying on the remainder of the accounts that they’re going to save enough money okay to outweigh what was lost in the street lighting for that period. 

COUNCILMAN LEWIS – So we’re paying more in street lighting but less in other places is the theory?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Yes.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Thank you, Mr. President.  I would just like to know if we are part of Ohio if we are a government aggregator with a contract that the citizens voted on with Ohio Edison who took it upon themselves to switch any of the city’s business to AEP when I asked about doing the very similar thing last fall and was told that we were under contract we couldn’t even look at something like that.  I asked George Maier and I asked Ken Koher and I even had a an energy consultant meet with him and analysis the city’s expenditures on electricity for all the government buildings.  But I was told that couldn’t go any further because we voted as a populace here to be part of the government aggregator program.  So who was it that took it upon themselves to go ahead and basically breach that contract with Ohio Edison?  How did that happen?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I don’t believe your contract was with Ohio Edison it was with First Energy Solutions. 

COUNCILMAN CHOVAN – Well First Energy Solutions is the supplier but Ohio Edison brought them in here.  First Energy Solutions its…

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Yeah.

COUNCILMAN CHOVAN – Alright you’re valid but I mean we were still part of First Energy’s program.  Why did somebody think they could just go ahead and sign a contract that breached that government aggregation program. 

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I was not in office my mission was to fix this problem. 

COUNCILMAN CHOVAN – Do you know who signed it?

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I can look.

COUNCILMAN CHOVAN – I’d like that to be one of the things that we find out. 

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Okay, I can bring for you.

COUNCILMAN CHOVAN – Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, I wanted to say that we should probably kick this over to the public utilities committee and have them start an investigation at to what has occurred and how it came to be, what the history is and everything around it.  Just seems like it’s a lot more complicated than what we’re going to get here and we can’t be spending these meetings trying to discuss this .  So Sarita if you…

COUNCILWOMAN CUNNINGHAM-HEDDERLY  – Thank you, Mr. Lewis.

COUNCILMAN LEWIS – I’m here to please.

COUNCIL PRESIDENT TOWNSEND – Okay.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I’ll work with you we’ll get it.

COUNCILWOMAN CUNNINGHAM-HEDDERLY  – Okay.

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – Okay.

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Adding to what Councilman Manson said I understand that you you know you worked it out with Mancan but I will be introducing legislation through the streets and highways that this can’t ever happen again.  Because its going to be specified that there’s not going to any giving away of city street parking to anybody.  It’s got to be done protecting guys like you that come into this job and the last guy said oh it was alright to have three parking spots and you were stuck in the middle of it.  I’m quite aware of that you know you knew nothing about it until it happened and that’s when you became safety service director.  So I’m taking the blame off of you but I’m saying it can’t happen again.  We can’t allow this to happen again.  So…

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – I think I said you know we would work together to resolve any future issues like that.  I mean if you want an ordinance you want an ordinance and that’s your right. 

COUNCILMAN PETERS – No, you and I could do that but the next guy isn’t aware of that agreement.  So I mean we have to protect you know…

INTERIM SAFETY SERVICE DIRECTOR JOHNSON – That’s fine but I think then on a whole if we leave Mancan the way it is we’ve done what’s fair and equitable by them also then too.

COUNCILMAN PETERS – I really don’t have to much of a problem with that.  I mean we resolved a bad decision as far as I’m concerned.  So…

COUNCIL PRESIDENT TOWNSEND – Okay, are there any more questions for Mr. Johnson?  Thank you.   Okay, we’re at call of the calendar nothing’s there, no third readings, second reading of ordinances and resolutions Ordinance No. 51.

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 51 - 2013                      BY:   PARKS AND RECREATION COMMITTEE

Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a five (5) year Lease Agreement for and on behalf of the City of Massillon, Ohio, with the Massillon Museum for the lease of City owned land in the Veterans Memorial Park, Massillon, Ohio, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President.  This lease agreement is between the city and the Massillon Museum.  It’s for that green space that’s to the west of the museum building to 1st Street and then down to the city park property right there on 1st Street.  We’ve entered into this before the museum lease has agreed to it its been passed by their board for a dollar a year for the next five years commencing May 1st 2013.  The contract does cover issues such as liability insurance they have to provide liability insurance for and also indemnification should something happen.  So we have discussed it its been passed in the past.  But its for that property in front of the museum for one dollar a year.  They are to maintain it and as a result they are now leasing it for the next five years.  So if  there aren’t any questions I would I plan on requesting that that we waive the requirement for three separate readings we’ve already had one this will be the second so we can pass it tonight and move forward.

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

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

ORDINANCE NO. 36 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

16.  NEW AND MISCELLANEOUS BUSINESS

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

18.  ADJOURNMENT

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

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

©Copyright 1998 - present City of Massillon. All Rights Reserved
Designed and Maintained by Imaging 2000 Web Design