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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, July 7, 2008. We have in attendance with us this evening: Safety Service Director Mike Loudiana, Auditor Jayne Ferrero, Law Director Perry Stergios, Engineer Keith Dylewski and Community Development Director Aane Aaby. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune. Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MANG – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANG – Chairman of the Community Development Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (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 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Mr. Mang? COUNCILMAN MANG – I’d like to make a change in the agenda. COUNCIL PRESIDENT GAMBER Certainly. COUNCILMAN MANG – I’d like to bring Ordinance No. 79, Ordinance No. 80 and Resolution No. 14 to be the first three items on our agenda. COUNCIL PRESIDENT GAMBER Are there any objections to moving those two ordinances and resolution forward? There is no objection; Madame Clerk would you please read title to Ordinance No. 79. ORDINANCE NO. 79 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from I-1 Light Industrial to B-3 General Business. COUNCILMAN MANG This piece of legislation tonight is having its third reading. We had a public hearing this evening at 7:00pm regarding the rezoning of Genshaft Park. Mr. Goldberg is here and he discussed some of the things that are going on regarding this piece of legislation. He also feels that complications that we had anticipated earlier with the state may have worked their way through. It’s a case of the city now and the law director making certain of that. COUNCILMAN MANG moved to bring Ordinance No. 79 – 2008 forward for its passage, seconded by Councilman Hersher. ORDINANCE NO. 79 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 80 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township to I-2 General Industrial District. COUNCILMAN MANG This piece of legislation has been its third reading this evening. The public hearing was held at 7:25pm. The rezoning is for the Prophecy Massillon Annexation prior to being annexed into the city it had a zoning that was in Perry Township which is not applicable to the city. So the Massillon Prophecy Annexation area they wish to have it zoned I-2 General Industrial District. The hearing was held there was no one here to speak for or against this piece of legislation. But I’m going to ask to bring this forward for its question of vote. COUNCILMAN MANG moved to bring Ordinance No. 80 – 2008 forward for passage, seconded by Councilman McCune. ORDINANCE NO. 80 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 14 2008 BY: COMMITTEE OF THE WHOLE Adopting a summer schedule for City Council meetings during the months of July and August 2008 and temporarily suspending Rule 8 of the Rules of Council as contained in Codified Ordinance 121.02. COUNCILMAN MANG Members of council, the reasoning to bring this to the front of the agenda was the outcome of Resolution No. 14 will determine the public hearing time to be held for Ordinance No. 93. So depending upon whether this Resolution No. 14 is passed or defeated we will then be able to give a proper public hearing time for Ordinance No. 93. We briefly discussed in the work session what we’re looking at this piece of legislation we’re looking at having a council meeting which we’re having tonight skip the work session on the 14th, skip the council meeting on the 21st, have a work session on July 28th and followed by a council meeting on August 4th. We would then skip the August 11th work session, skip the August 18th council meeting and then we would have on August 25th we’d have the work session for September 2nd council meeting we then have the September 2nd which is a Tuesday and then we would go back to our regular schedule. COUNCIL PRESIDENT GAMBER Do we have any comments or questions, Mr. Maier? COUNCILMAN MAIER Section 2 it says regular schedule August 21st I think that’s a typo. COUNCIL PRESIDENT GAMBER Mr. Mang, what date should that be in August? COUNCILMAN MANG It should be August 18th. Section 2, August 21st and August the 18th are the two meetings that are being cancelled. Lets make sure we have section 3 correct, July 28th is a work session and August 4th is a council meeting. So we have one date that needs to be changed. COUNCIL PRESIDENT GAMBER Alright, we are considering that a typo are there any other questions or comments. Mr. Maier? COUNCILMAN MAIER Yes, I would like to speak in favor of this resolution because other governments also do this in the summer. If we need an emergency meeting we can call one at any time I don’t see that this would hinder anything that council needs to do if its an emergency we can take care of it. COUNCILMAN PETERS I’m going to be voting no on this resolution. But I want to make it clear its not to make any other member of council look bad or anything else. Its just one of those things that I disagree with. I think Rule No. 8 was put in place for a reason and I think that this could come back to bite us because yeah I understand we can have a meeting at any time. But as elected officials and I know other councils do it and I know that congress does it so on and so forth that doesn’t mean I agree with them either. But I think that you know if you have an office with 9 people in it you know summer’s coming up you schedule your vacations I know everyone has a vacation and they have to miss from time to time. But the office doesn’t close down for three months because of that. We’re not school teachers, we’re elected officials and I think that we should be here for the scheduled meetings as in Rule No. 8. So I will be voting no on this resolution. COUNCILMAN MANSON Yes, I’d like to have a little conversation about this. When we discussed this at the last two committee sessions I said you know I would have no problem supporting it if there was no controversy. Last week’s committee session we went around the table and each person was asked to comment on it and nobody here objected to it and Mr. Peters wasn’t here. That bothered me because I could tell that he was not a 100% committed to it, but I wanted to hear what he had to say. So I called him the next day and he told me that he was not going to support this. I guess what I should have said when we were discussing this is if all of us agreed with it fine and dandy I will support it. But if anybody has an objection I would not support it. I am disappointed that Mr. Peters did not stay and discuss this thing with the rest of us. I think there maybe a few other people that would have listened to his explanations why we shouldn’t have it that they may feel they may have felt the same way. I’m back to where if we can’t all nine support it I’m not going to support it either. I don’t want to make this thing a political football I feel its better to just vote it down or take it back to the work session talk it over for August or talk about it for next year but I’m not going to vote for it either unless all of us support it. COUNCILMAN HERSHER Just to reiterate I think what Mr. Manson said and just say that this is the kind of thing I think that we should only consider and pass if t can be done with everyone’s support and everyone’s approval. COUNCIL PRESIDENT GAMBER Mr. Mang, your motion please, we do need to suspend the rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Maier. Roll call vote of 5 yes, 4 no to suspend the rules. Manson, McCune, Peters and Hersher voted no. COUNCIL PRESIDENT GAMBER We can’t suspend the rules therefore Resolution No. 14 – 2008 receives first reading. RESOLUTION NO. 14 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 93 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from B-1 Local Business to RM-1 Multiple Family Residential. COUNCILMAN MANG This piece of property is located on the northwest corner of Richville Drive SE and Ohio State Drive SE in University Village. The applicant for this was Fred Tobin who was here at our work session and he also had the I guess the builder of this area that they wish to construct an assisted living for senior citizens. They presented all the necessary information that was required to the planning commission such as having a public meeting for the residents and also taking out signed petitions for the who wish to see this happen. Those were conveyed both to the planning commission and to us. They would like to zone this from B-1 Local Business to RM-1 Multi Family. I can tell you that the petitions that were presented to us were fairly unanimous. So we will give this a first reading an the public hearing will be on August 4th at 7:10pm. ORDINANCE NO. 93 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 94 2008 BY: POLICE AND FIRE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contracts with various political subdivisions of the Massillon Municipal Court District concerning the transportation of prisoners to and from the Stark County Jail to Massillon Municipal Court by the Massillon Police Department, and declaring an emergency. COUNCILMAN MAIER Yes, we talked about this at our work session. This involves the transportation of prisoners for nine other departments. That would be Jackson Township, Perry, Lawrence, Beach City, Brewster, Canal Fulton, Hills and Dales, Navarre and Wilmot. We’re already doing the transportation this ordinance would allow us to start collecting the money for it. So I would like if there are any questions I’ll take them. COUNCILMAN MAIER moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 94 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 95 2008 BY: RULES, COURTS AND CIVIL SERVICE COMMITTEE Authorizing the Director of Law of the City of Massillon, Ohio, to file a civil lawsuit against Rayco Manufacturing, Inc., for the recovery of an economic development grant given to the company, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY This is an ordinance to file a lawsuit a civil lawsuit against the Rayco Manufacturing Company for the amount of $10,000.00 that we would like paid back to us from a grant that we gave the company an economic development grant. If there are any questions the law director is here and we can have him come to the podium. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 95 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 96 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the 2008 Street Resurfacing Project in the City of Massillon, and declaring an emergency. COUNCILMAN PETERS As we discussed this at Monday’s work session and everyone I believe at this time does have a copy of the list of streets if not we’ll get you one. We think its important we send this out right away for bids because if the bids go over what we have we’re going to have to make some cuts and so forth on the streets that need to be done. So if there aren’t any questions I am going to put this forward for passage tonight because we’re going to need to get on with it. COUNCIL PRESIDENT GAMBER Mr. McCune? COUNCILMAN MCCUNE I’d like to call the law director to the stand please? COUNCIL PRESIDENT GAMBER Mr. Stergios? COUNCILMAN MCCUNE Mr. Stergios, due to some concerns that I would raise a year ago or so Keith has added a residency clause within the bid process. But it is my understanding that we’re not sure if we can evoke or award a bid based upon making it the best bid by a company that employees the most Massillon or western Stark County residents. I would like if I don’t want to hold this up but at least an opinion tonight and off the cuff and some further in depth discussion on this matter further down the road. I honestly believe that we should be attempting to employ as many Massillonians or western Stark County residents as we possibly can. If we could include that in the best bid process then we should do something. LAW DIRECTOR STERGIOS – I think it can be included as a factor to be considered in the overall bid. You do not necessarily have to go with the lowest bid per say best could potentially be the second lowest bid. But I don’t think can be sole determining factor as to what its one of many. So it could be considered it they’re real close you could go with the one who has more Massillon people arguably. But you can’t… COUNCILMAN MCCUNE Could we come up with a definitive number within 10% or 15% or whatever? LAW DIRECTOR STERGIOS – Off the cuff I really can’t answer that, that’s something I’d have to look at. But it’s a factor that can be considered as to a definitive number I’d have to do some research. COUNCILMAN MCCUNE If you could do that for us I’d appreciate it. Thank you. LAW DIRECTOR STERGIOS – I can do that. COUNCIL PRESIDENT GAMBER Do we have any other questions for the law director? Thank you, Mr. Stergios. (You’re welcome) Are there any other questions on the ordinance? Mr. Peters? COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 96 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 97 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract with the lowest and best bidder upon the approval of the Board of Control for the 2008 Target Neighborhood Street Resurfacing Project in the City of Massillon, and declaring an emergency. COUNCILMAN PETERS Ordinance No. 97 same thing only this is CDBG money that the city has for these here streets. So the money is there for these right now and we want to get these out for bid as soon as possible also. Everyone should have a copy of this list also am I correct? COUNCIL PRESIDENT GAMBER Any question about the ordinance or the list, Mr. Peters? COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 97 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 98 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, Parking Enforcement Fund and the General Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have three parts to this ordinance I’ll go thru them one at a time here. On section 1, we have $47,218.15 please appropriate this amount from the unappropriated balance of the 1401 Income Tax Capital Improvement Fund for the early warning siren system project. This amount constitutes the yearly lease to purchase price for a term of 5 years. The lowest bidder did not meet all the bid specifications and therefore the second lowest bidder will be awarded the contract. These dollars will be replaced by grant monies the city will be receiving from the Aultman Health Foundation. So that’s pretty self explanatory. We will be getting a grant back for that $47,000.00. The second part is $5,000.00 out of services and contracts please appropriate $5,000.00 from the unappropriated balance of the 1208 Parking Enforcement Fund this expenditure is for the Charles Street Associates Limited for the maintenance of the parking deck. $5,000.00 was appropriated at the beginning of the year to date $4,405.00 has been spent and the amount various each month. I asked the safety service director to give me the numbers for the last three or four years. If you remember in 2005 we had a bill that we had not received for quite a long time. There was $41,000.00 spent at that time on the parking deck to cover I’m not sure exactly how many years it was when this started up. 2006 it was $13,873.00 spent, 2007 there was $8,548.00 spent on the parking deck and with this $5,000.00 I will assume it will be between $8,500.00 and $10,000.00 for the year until we get finished. So it really isn’t out of line for what has been going on and that’s what I wanted to see just what we had been spending. Section 3, is $2,000.00 at this time this request came from Aane Aaby at this time I’m requesting the appropriation of the following amounts from the General Fund that are miscellaneous $2,000.00 to an account entitled Regional Planning. These funds are needed for the city to pay its annual membership dues for the Stark County Regional Planning Commission. This is something for a few years that we had not paid, we did pay it last year and its my recommendation that I’m sure anybody that’s involved in community development would recommend that we approve this number. So if there’s any questions I’ll try to get them answered if not I will be moving to pass, waive the rules on these three pieces. COUNCIL PRESIDENT GAMBER Are there any questions on any of these items? Mr. Manson, your motion please? COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 98 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 99 2008 BY: FINANCE COMMITTEE Repealing Ordinance No. 134 – 2007, and declaring an emergency. COUNCILMAN MANSON Ordinance No. 134 was an ordinance to deposit revenue from the inheritance tax into a special capital improvement fund as part of the general fund. Through the request of the auditor and the mayor they’re requesting that we transfer these funds back into the general fund because of the need at that time right now to pay some bills. So if there’s any questions I’ll try to answer them. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 99 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 100 2008 BY: FINANCE COMMITTEE Authorizing the Auditor of the City of Massillon, Ohio, commencing January 1, 2009, to deposit revenue from the Inheritance Tax to the Capital Improvement Fund in a special account, and declaring an emergency. COUNCILMAN MANSON Yes, this is an ordinance to put in place again the same rule the ordinance that we had that was 134 for last year that deposited all inheritance tax revenue into the capital improvement special account. So that’s all this does sets it back up so January 1st then the money will start going back into the special account again for capital improvement. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 100 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 13 2008 BY: FINANCE COMMITTEE For the proposed budget for the fiscal year 2009. COUNCILMAN MANSON Yes, this goes back to this is the proposed so called wish list that we prepare every year that we have to send to the county. It’s not the final budget for 2009 its just part of the budget process that is necessary. If anybody has any questions we have the auditor here she can help us understand it better if not I will be asking to waive the rules. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 13 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $214.80 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call vote 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JUNE 2008. COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we need approval for the auditor’s report. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman McCune. Roll call vote of 9 yes to accept the auditor’s report. COUNCIL PRESIDENT GAMBER Thank you. I use the word approve that was not the right word we are accepting this report. Several audits ago the state auditor recommended that we formally recognize that we have received it. Whether we approve it or not is another matter but we have received it. Thank you. Mr. Stergios, do we need to approve the appointment to the civil service commission? (Yes) We’ll do that with a voice vote and we’ll ask Mr. Mang to make a motion to approve this appointment. COUNCILMAN MANG Thank you, Mr. President. I move that we approve the appointment of Marcus Simpson to the civil service commission. Seconded by Councilman Manson. Roll call vote of 9 yes to approve the appointment of Marcus Simpson to the civil service commission. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee Meetings will be next Monday the 14th at 5:30pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER Are there any resolutions or reports or requests from any council members or committees? 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA DAVE MCCLAIN – My address is 330 Independence Street SE in Massillon. I’ve had discussions with several people already about this. Actually in the newspaper tonight I’ve seen an interesting article about allowing golf carts to be licensed on the roads in Massillon. I’ve done some research into it and it is actually legal in the State of Ohio to have golf carts licensed. The problem you run into is it has to be approved by the local jurisdictions. The golf carts would have to be inspected and then get a title and a license plates for them. You do have to have certain equipment on the golf carts and the golf cart would have to be insured and also the driver would have to have a driver’s license. As far as ATV’s I believe was mentioned in the article I don’t know anything about that. I know there’s concerns about the speed of them on the roads but you also have bicycles on the roads, mopeds are legal and you can get a license at age 14 for a moped. The maximum speed of a moped is supposed to be no faster than 20 miles an hour which is also the same as a golf cart. If anyone is interested I do have information that I received from the registrar in Columbus and I can hand those out to anyone interested in them. COUNCIL PRESIDENT GAMBER Alright, if you don’t mind why don’t you hand those over and make sure that a copy makes its way to the Clerk. I assume Mr. McClain you’re in favor of such a move. DAVE MCCLAIN – Yes, I am. It would be a matter of well, with an electric golf cart you have no pollution. If a car gets 25 miles per gallon it would cost you what approximately $4.00 to drive 25 miles. An electric golf cart costs anywhere from 2 to 3 cents a mile to operate. So you’re talking 60 cents to 90 cents for that same amount. Like I said I know the main concern people have is with the speed of them. Sandusky with the Cedar Point traffic has just approved allowing golf carts on the roads. There are other places already in Ohio that allow it mostly Kelly’s Island. This is a misunderstood area I called the deputy director locally and was told no it was not legal. But in the information that I passed out you can see that letter went out the deputy registrars when was it March 19, 2003. So it has been legal since that time at that state level you can get plates for them as long as they pass inspection, you have insurance and a driver’s license. Is there any questions anyone has? COUNCIL PRESIDENT GAMBER Thank you. Mr. McClain, we appreciate it. Mr. Stergios, did you receive a copy? (Yes, I did). Alright, is there anyone in the audience who would like to speak to a topic that does not appear on the agenda? I will wait this time. 18. ADJOURNMENT COUNCILMAN MANG – I move that we adjourn, seconded by all.
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