MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, AUGUST 20, 2012 

COUNCIL PRESIDENT GAMBER B I'd like to welcome all of you to Massillon City Council for Monday, August 20, 2012.  We have a number of city officials with us this evening Mayor Catazaro-Perry, Safety Service Director Maier, Chief Building Official Kraft, Auditor Jayne Ferrero and Debbie Bonk from the auditor’s office, Law Director Stergios, Engineer Dylewski, Fire Chief Burgasser and Police Chief Moser.  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.

2. INVOCATION

COUNCILWOMAN CUNNINGHAM-HEDDERLY  Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Chairperson of the Public Utilities Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

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

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

JOHN OATES – I live at 1236 Burd Avenue in the City of Massillon.  Here again to talk about the income tax reduction.  Basically I’ve said all along that I know you need more money but I think everybody should pay it.  There’s been talk Mr. Manson especially about raising the income tax to 2% I even think you need more.  But I am all in support of that I’ll vote for that I’ll even help campaign for it.  But if you pass this income tax reduction and you make me pay a tax that many other people are not willing or will not pay then I won’t.  Because I don’t think it’s fair.  Also I’d like to read a letter from John Kurtzman who couldn’t be here tonight.  He said as a resident of the City of Massillon I am so opposed to any income tax reduction because it’s a penalty on the unfortunate bread winners who are forced to work outside the city.  These people pay real estate taxes, sales taxes and other taxes and support the merchants of our city as opposed to those who work outside the city and do not pay city real estate taxes or support our merchants.  I will support an income tax increase as long as city council and the mayor endorse the same.  That type of tax would be fair and equitable and not punitive action against a select few. 

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 88 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Authorizing and directing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract agreement with various programs through the Community Development Block Grant Programs for the fiscal year 2012 which the City has provided through the CDBG Program funding, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we’ve been going through this I don’t know it started in May when we started taking the applications for CDBG funds probably even way before that.  We approved everything now we’re talking about releasing the money.  These are some of the groups that will be receiving funding for and it’s only for this year.  Next year it will be all new again.  Later on we’ll have a financial ordinance that approves the expenditures.  So unless there’s any questions that we can’t answer I intend to move to waive the rules.

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 yes.

ORDINANCE NO. 88 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 89 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Tuscarawas Township to A-1 Agriculture, R-1 Single Family and B-3 Business.

 

COUNCILMAN MANSON – Yes, since this has to do with zoning since we annexed this area we will and it came into the city we have to give it zoning classification that would fit under what you know our zoning rules are.  We will have to have a public hearing for this and the public hearing is set up for September 17th at 7:15pm.  So I’ll be giving this first reading.  

ORDINANCE NO. 89 – 2012 WAS GIVEN FIRST READING.

ORDINANCE NO. 90 - 2012                      BY:   STREETS, HIGHWAYS, TRAFFIC AND SAFETY

Accepting the dedication of a right-of-way along the south side of Tremont Avenue SW, in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILMAN TOWNSEND – The passage of this ordinance will accept the dedication of the right-of-way along the south side of Tremont Avenue SW.  The right-of-way is described by the plat that was shown last Monday at our work session.  The parcels are located on the south side of Tremont Avenue SW just west of Main Avenue/Tremont Intersection.  Formerly known as part of Out Lot 262 and parts of Lots 10331, 10332 and 1033.  The property is currently zoned R-2 residential and contains several existing homes.  The Planning Commission approved this dedication on August 8th at their meeting.  If any council member have any questions I can call the engineer up; if not I’m looking to bring this forward for its passage. 

COUNCILMAN TOWNSEND 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. 90 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 91 - 2012                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund, 1406 Wastewater Treatment Plant Capital Improvement Fund, Summer Concert Fund, 1206 Muni Motor Vehicle License Plate Fund and the 1410 16th Street Project Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCILMAN PETERS – As the clerk read this is legislation for appropriations firsts ones are what Councilman Manson eluded to earlier to appropriation the funds from the CDBG for the year ending December 31, 2012.  For the record I’ll just read them where they go so they know:  $92,000 to Target Area Street Improvements, $60,000 to Housing Rehabilitation, $5,000 to Main Street Revitalization, $10,000 to Western Stark Medical Clinic, $6,000 to Elderly Homemaker Program, $8,000 to the Neighborhood Partnership Program, $8,000 to the Salvation Army Outreach Housing Outreach excuse me, $8,000 to Family Living Center, $4,000 to Domestic Violence Shelter, $4,000 to Lighthouse Vision, $4,000 to Foreclosure Prevention Legal Aid, $6,000 to Faith in Action Caregiver Program, $15,000 to Youth Summer Recreation, $3,000 to Massillon Literacy Commission, $3,000 to Massillon City Schools ABLE and $2,000 to Athletic Advisory Council.  The next from the unappropriated balance 1406 Wastewater Treatment Capital Improvement Fund $46,500 to an account entitled Capital Purchases 1406.610.2510.  Appropriate from the unappropriated balance for the Summer Concert Fund for the year ending December 31, $11,000 to an account entitled Services and Contracts.  Appropriate from the unappropriated balance 1206 Muni Motor Vehicle License Plate Fund to an account Services and Contracts $10,000.  Then to appropriate from the unappropriated balance of the 1410 16th Street Project Fund $1,100 to an account entitled Intersection Improvement Project.  If there aren’t any questions I’m going to move for passage on the first reading.

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

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

ORDINANCE NO. 91 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 92 - 2012                      BY:   FINANCE COMMITTEE 

Amending Ordinance No. 143 – 1976 by repealing Section 13 – “ALLOCATION OF FUNDS – INCOME TAX,” and enacting a new Section 13 – “ALLOCATION OF FUNDS – INCOME TAX” and repealing Ordinance No. 66 – 2009, and declaring an emergency.

 

COUNCILMAN PETERS – Simply put we’re changing the split of the income tax Ordinance No. 143 – 1976.  We’re going to be changing it to 99.75% into the General Fund and .25% into Capital Improvement Fund.  We’ve done this several times throughout the years and hopefully we’ll get it back to where it should be in a couple of years. 

COUNCIL PRESIDENT GAMBER – Are there any questions on this?  Mr. Chovan?

COUNCILMAN CHOVAN – Thank you, just one in the original Ordinance 1976 what was the original allocation?

COUNCIL PRESIDENT GAMBER – Who would you like to ask?

COUNCILMAN CHOVAN – Whomever can answer it I’m not sure, the auditor perhaps?

COUNCIL PRESIDENT GAMBER – Mrs. Ferrero, can we get you to a microphone, please?  Prepare to be shocked.

AUDITOR FERRERO – It was at 98/2.

COUNCILMAN CHOVAN – No, no in ’76?

AUDITOR FERRERO – Oh, 1976, oh I don’t have that with me, I’m sorry.  I’ll have to go look that up.  I don’t have the capability of looking that up right now. 

COUNCILMAN CHOVAN – I mean I heard a figure once I just wanted to confirm I heard it was a 70/30 split.  Does that sound right?

AUDITOR FERRERO – It could be I would have to look it up.

COUNCILMAN CHOVAN – 30% to capital improvements and now we’re at .25 of 1%?

AUDITOR FERRERO – Perry, are you looking that up? 

LAW DIRECTOR STERGIOS – I’m trying to but I don’t know if its here.

COUNCIL PRESIDENT GAMBER – There have been there has been an upwards of 25% or more over the years, yes.  That’s true.  Is that it Mr. Chovan?  (Yes)  Mr. Slagle, is your hand up?

COUNCILMAN SLAGLE – Yeah, I’ll be voting for this but I still think it’s a terrible decision on the city’s part to continue to ignore their infrastructure by changing the split.  It’s been brought about by the need to pay the general bills and the wages of our citizens and it only emphasis the need to get more funds into the city in one form or another.  So future councils if they continue to do this they’re asking for a vary lousy looking city. 

COUNCIL PRESIDENT GAMBER – Mr. Lewis?

COUNCILMAN LEWIS – Two quick things the first one is are we is it repealing Ordinance No. 66 – 2009 or 99 – 2009?  Because on the agenda it says #99 – 2009? 

COUNCIL PRESIDENT GAMBER – Madame Clerk?

COUNCIL CLERK BAILEY – Councilman Peters, what does your legislation request state?

COUNCILMAN PETERS – Mine says 66 – 2009.

COUNCILMAN LEWIS – Then my actually question pertaining to legislation there’s no reverse of this unless someone brings it forward, correct?

COUNCIL PRESIDENT GAMBER – This can be changed at any time by council.

COUNCILMAN LEWIS – But something has to be drafted up and turn it around.

COUNCIL PRESIDENT GAMBER – Mr. Peters, on your do you have the initial legislation request?  (Yes)  What is the ordinance to be repealed?  (66 – 2009)  Alright, we have strictly a typo in the agenda the ordinance does reflect Ordinance No. 66 in the title and also in section 1.  So a typo on the agenda is not a big problem.  Are there any other questions?  Mr. Peters?

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

The rules were not suspended by a roll call vote of 6 yes, 3 no.  Lewis, Chovan and Halter voted no.

COUNCIL PRESIDENT GAMBER – Takes 7votes to suspend therefore No. 92 receives first reading.

ORDINANCE NO. 92 – 2012 WAS GIVEN FIRST READING.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A). REPOSITORY - $1,320.30

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – I move that we 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 JULY 2012 B COPY FILE

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Regarding committees the next committee session is August 27th. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Are there any report, request or resolution?  Mrs. Halter?

COUNCILWOMAN HALTER – I just want to remind everyone that the employees of the building department will be here to do a presentation on Ordinance No. 48 and 49.  That would be at our regular scheduled meeting.

COUNCIL PRESIDENT GAMBER – Mr. Chovan?

COUNCILMAN CHOVAN – Correct me if this isn’t the place to do this but we were just handed copies of the firefighter’s agreement and I want to call a committee meeting for police and fire committee for this Wednesday the 22nd at 5:00pm here to review this.  Then we’ll make recommendations back to city council and of course anybody its an open meeting so anybody can attend. 

COUNCIL PRESIDENT GAMBER – Alright, now when you say anybody you’re including city officials, the public?

COUNCILMAN CHOVAN – It’s an open meeting, right?  I mean so…

COUNCIL PRESIDENT GAMBER – Well, its up to you, you’re discussion a union contract if you’d like to you can.  I’m just asking what do you mean by its an open meeting?

COUNCILMAN CHOVAN – Well, wouldn’t we have to put it in the newspaper and declare it as an open meeting?

COUNCIL PRESIDENT GAMBER – Well you have to declare meeting but you then threw me when you said its an open meeting.  I’m just asking what you meant by that?

COUNCILMAN CHOVAN – I mean I would prefer to have the administration and the police and fire committee or anybody else on city council that would like to attend.

COUNCIL PRESIDENT GAMBER – Alright, what you would need to then is schedule the meeting.  Mr. Rink as usual we check with you we’ve just met the notification requirements have we not?  He’s nodding yes.  Then at your meeting you would be in order to make a motion to go to executive session to discuss the contract.

COUNCILMAN CHOVAN – Right, that’s what I thought.

COUNCIL PRESIDENT GAMBER – That would be my suggestion.

COUNCILMAN CHOVAN – That’s fine.  Thank you.

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – I the only question I have is Councilman Chovan said we were just handed the contract I haven’t been handed the contract?

COUNCILMAN CHOVAN – No, the committee, its pretty long I mean the committee was just handed.  That’s why I didn’t want to discuss it tonight because we obviously have to have time to read through this.

COUNCILMAN PETERS – My question is does the clerk have a copy of it yet?

COUNCIL CLERK BAILEY – No, I do not.

COUNCIL PRESIDENT GAMBER – Who on council has received a copy?  One, two, three. 

COUNCILMAN CHOVAN – Police and fire committee. 

COUNCILMAN PETERS – Yeah, but the clerk should have a copy of it. 

COUNCIL PRESIDENT GAMBER – The clerk does not have a copy of it.

COUNCILMAN PETERS – I know.

COUNCIL CLERK BAILEY – I’ll get one from one of you and then I’ll scan it and email it tonight.

COUNCIL PRESIDENT GAMBER – Alright, is there anyone else?

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

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.

 

COUNCILWOMAN HALTER – Second reading.

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 the City of Massillon.

 

COUNCILWOMAN HALTER – Second reading.

ORDINANCE NO. 49 – 2012 WAS GIVEN SECOND READING.

ORDINANCE NO. 87 - 2012                      BY:   FINANCE COMMITTEE 

Amending Section 181.15 “CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY” OF CHAPTER 181 “INCOME TAX” of the Codified Ordinances of the City of Massillon, by enacting a new Section 181.15 “CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY” of said CHAPTER 181 “INCOME TAX”, and declaring an emergency.

 

COUNCILMAN PETERS – Second reading.

ORDINANCE NO. 87 – 2012 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

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

SCOTT WALTER – I’m here representing the Kimble family tonight.  Kimble family’s been doing business in Northeast Ohio for over 60 years. 

COUNCIL PRESIDENT GAMBER – Can we ask you to hold for just one moment we’re still passing out documents once that’s done people will be able to listen to you.  Can we see that a copy comes forward please?  Sorry to interrupt can we press rewind and start over.

SCOTT WALTER – Okay, as I said my name is Scott Walter and I’m here representing the Kimble family which has been operating in Northeast Ohio for over 60 years a family owned business.  We own a landfill just south of here in between Dover and Sugarcreek.  The family stills on that same property.  We also operate a trash collection and recycling company called Kimble Recycling and Disposal which operates in about 23 counties here in Eastern Ohio.  I recognize some of you a few of you that were around about ten (10) years ago when we first started doing business in Massillon.  We have about 1,000 residential and commercial customers here in the city.  We’re also the business that built the very first material recovery facility in Stark County.  Which a fancy way of saying a big recycling plant that processes all the recyclables that we collect both residentially and commercially.  So we continue to employ a number of dozens of people actually from Stark County as well as the City of Massillon.  The most exciting project we undertook recently was the investment of about $15 million in a new automated recycling plant in Summit County.  That just opened up this spring we’ve every excited about that.  It has all the bells and whistles its really the most advanced recycling plant in the state.  One of the reasons I’m here tonight is to extend an invitation to all of you to maybe come see that plant at some point.  No matter what you decide to do with your refuse and recycling program here in the city it would be well worth your time to come see that facility and the automation its pretty, its pretty advanced technology.  I’m here tonight because we were one of the companies that submitted a bid last week for the city to provide recycling and trash collection services as well as purchase of your equipment.  I’m not here to steal George’s thunder I know he’s working on a probably a summary of the bids which he may or may not have seen yet.  I just wanted to come and reintroduce myself, reintroduce our company, provide a little information to you about our background so that when you start to dive into this subject if I can be of any help with any questions if you’d like to come see our landfill, our recycling plant, we’d love to have you come see those facilities.  You’ve got my card now which is on that package and just wanted to extend an invitation to see those facilities and contact me with any questions. 

COUNCIL PRESIDENT GAMBER – Thank you very much and we appreciate you being here.

SCOTT WALTER – Thank you.

18.  ADJOURNMENT

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

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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