MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, SEPTEMBER 17, 2012 

COUNCIL PRESIDENT GAMBER B I'd like to welcome all of you to Massillon City Council for Monday, September 17, 2012.  We have a number of city officials with us this evening Mayor Catazaro-Perry, Safety Service Director Maier, Law Director Stergios, Engineer Dylewski and Community Development Director Herncane.  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 and Larry Slagle.

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT GAMBER – Mr. Peters, we received an email from Councilman Townsend that he would not be here tonight.

COUNCILMAN PETERS – I’ll make a motion that we take a vote to excuse Councilman Townsend.  Seconded by Councilwoman Halter.

Roll call of 7 yes, 1 no to excuse Councilman Townsend.  Peters voted no.

2. INVOCATION

COUNCILMAN MANSON   Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN MANSON – 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?  (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

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 98 - 2012                      BY:   ENVIRONMENTAL COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to prepare specifications and to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the disposal of municipal solid waste for the City of Massillon, and declaring an emergency.

 

COUNCILMAN LEWIS – Yes, I spoke to Mr. Koher today and he did confirm to me that the contract that we currently have with the deposal of the solid waste that’s collected will end by the at the end of the month.  So he requested that we give this that we suspend the rules and see if we could have this passed this evening.  I don’t see a major issue with this it’s just going out to bid.  We have to get rid of this of the solid waste so we’re going to have to do it one way or the other. 

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

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

ORDINANCE NO. 98 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 99 - 2012                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund and the Employee Insurance Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCILMAN PETERS – This ordinance is to make the following appropriations from the Community Development Block Grant Program Fund $20,000 to an account entitled CDBG Sidewalk Replacement Program 1203.845.2875.  Also appropriate from the unappropriated balance of the Employee Insurance Fund for the year ending December 31, $5,847 to an account entitled Employee Insurance. 

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

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

ORDINANCE NO. 99 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – I’m not sure where but I hear a beeping I don’t know if somebody’s texting or playing a game or whatever but maybe we could halt that. 

ORDINANCE NO. 100 - 2012                    BY:   FINANCE COMMITTEE 

Amending Section 181.18 “Tenant Reports” of Chapter 181 “INCOME TAX,” of the Codified Ordinances of the City of Massillon, by enacting a new Section 181.18 “Tenant Reports”, and declaring an emergency.

 

COUNCILMAN PETERS – First reading.  

ORDINANCE NO. 100 – 2012 WAS GIVEN FIRST READING.

ORDINANCE NO. 101 - 2012                    BY:   FINANCE COMMITTEE 

Amending Section 181.02 “Definitions” of Chapter 181 “INCOME TAX,” of the Codified Ordinances of the City of Massillon, by enacting two new definitions within Section 181.02 “Definitions”, and declaring an emergency.

 

COUNCILMAN PETERS – First reading. 

ORDINANCE NO. 101 – 2012 WAS GIVEN FIRST READING.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). TREASURER SUBMITS MONTHLY REPORT FOR AUGUST 2012 B COPY FILE
B). ADDITIONAL ORDINANCE LANGUAGE

COUNCIL PRESIDENT GAMBER – You also have a copy of a proposed change to ordinance language dated new standard ordinance language proposed by the law director.  We’ve discussed this several times during the work sessions.  Basically the law director has decided that for legal reasons he would like to add this section to all ordinances from here on out.  Basically he can do that if he wants to do because he’s the law director but we do want to run this by you all so you know what it is and it’s not a surprise or suspicious to anyone.  I’ll recognize Mr. Peters at this point as Pro-Tem. 

COUNCILMAN PETERS – I’d like to go ahead and make a motion that we take a vote on this proposed language.  Should I read it or not?

COUNCIL PRESIDENT GAMBER – Umm, you can if you want but we really don’t need a motion.  We’ll just get your recommendation and then I’ll look for a show of hands.  If anyone would like to have…

COUNCIL MAN PETERS – Okay, it’s got my recommendation for passage.  So…

COUNCIL PRESIDENT GAMBER – Alright, does anyone have any questions on this?  If not since this is a procedural matter just by voice vote all those in favor of adding this from now on please say I, opposed?  Very good the I’s have it.  Madame Clerk and Mr. Stergios those will be that will be added next council meeting. 

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Regarding committees the next committee session is September 24th. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Are there any report, request or resolution?  Mr. Lewis?

COUNCILMAN LEWIS –   Just wanted to remind everyone that on Wednesday at 6:00pm we will be having the environmental committee that will be discussing the bids that we received for the solid waste department.  We will attempt to have it in the conference room unless there’s space restraints in which we’ll come out into the main chambers. 

COUNCIL PRESIDENT GAMBER – Alright, is there anyone else?  Again, Mr. Rink, we’re making sure that you have been properly notified.  We have a head nodding yes, thank you. 

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

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, this ordinance is the subject of the public hearing we had tonight.  It’s known as Poets Glen Annexation but there are five tracts of land involved in this.  There are various zoning to be assigned to them.  We have three parcels with an R-1, we have one with B-3 and we have A-1.  B-3 is business and A-1 is agricultural and I believe that’s ten acres or less but I’m not sure on that it’s just agricultural.  Any questions I’ll try to answer them if not I will be recommending that we approve this ordinance.

COUNCILMAN MANSON moved to bring Ordinance No. 89 – 2012 forward for passage, seconded by Councilwoman Scassa.

ORDINANCE NO. 89 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 97 - 2012                      BY:   FINANCE COMMITTEE 

Authorizing the Mayor of the City of Massillon, Ohio, to submit an application for funding to Ohio EPA’s Water Pollution Control Loan Fund (WPCLF) and execute any necessary documents for upgrade to the Wastewater Treatment Plant, and declaring an emergency.

 

COUNCILMAN PETERS – Second reading.

ORDINANCE NO. 97 – 2012 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

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

I’m here basically because my property value was just evaluation about 30%... 

COUNCIL PRESIDENT GAMBER – Sir, could we have your name and address?

MIKE BASIEWICZ – Mike Basiewicz, 1108 Forest Avenue. 

COUNCIL PRESIDENT GAMBER – And if you could stand close to the microphone please.

MIKE BASIEWICZ – I’m here because my property value just dropped about 30% less taxes for the city.  I know we’re hurting for money.  But there’s reasons and look on Forest Avenue and you’ll see them.  Address 37’s been abandoned about 40 years, garages about a 15 degree tilt.  There’s weeds as tall as the ceiling growing up of the foundations.  You go through the dip on the culvert they redid it about two, three years ago there’s new guardrails one side the other side the guardrail was all broken down, rusted.  Anybody could come and pick it up and throw it away.  It’s about a 12 foot drop so it’s a safety hazard also.  But the real reason is the old laundry at 47 through 55 if this building was across from any of you people’s houses that person would be in jail.  There are state laws, city ordinances to prevent this kind of stuff.  We’ve been complaining about this I know of one four years ago that was a complaint about this building.  I complained myself two years ago last week.  So now I have a petition 39 people signed it we all live within a couple hundred yards maybe 300, 400 yards of this building and we want action on this building.  Sending letters won’t do.  This thing is a safety hazard, eye soar and it’s costing us all money.  It’s costing the city money too because it reduced all our property taxes.  That’s part of the reason not all the reason but part of it.  So I have some Nancy Halter, health, welfare and building regulations,

COUNCIL PRESIDENT GAMBER – Sir, if you could just pass the entire package over we’ll make sure they get distributed.

MIKE BASIEWICZ – Ed Lewis, well some of them aren’t here, Tony, council-at-large, council-at-large, law director, council-at-large, Mayor Kathy, health department, building inspector and the original is for Mr. Maier. 

COUNCIL PRESIDENT GAMBER – Now may I ask what is it you’re passing out here sir?

MIKE BASIEWICZ – It is the petition that everyone signed around the neighborhood with their signatures and a statement about the property. 

COUNCIL PRESIDENT GAMBER – Alright.

MIKE BASIEWICZ – I could read it but everybody has a copy so…

COUNCIL PRESIDENT GAMBER – Now, may I make a suggestion?  Mr. Townsend is your ward councilman have you been in touch with him?

MIKE BASIEWICZ – Yes and he has also brought it up the deployable condition of that building.

COUNCIL PRESIDENT GAMBER – We have Mrs. Halter if you’ll raise your hand she’s chairman of the building committee.  In the back here Mr. Johnson raise your hand, over here we have the mayor and the safety service director.  I would suggest you talk with these people after the meeting tonight and you know see what you can get going in terms of having something done about this.  I agree with you completely these things go on for years and it’s absurd to think we can’t do anything.  But quite often that’s the way the law works.  It seems like we can’t do anything but we often can.  So…

MIKE BASIEWICZ – There’s a cities mostly in Northeast Ohio where its pretty depressed are claiming nuisance properties and removing them also fining when they possibly can. 

COUNCIL PRESIDENT GAMBER – Alright, we appreciate you coming forward.  Now you didn’t ask for it but we did have an indication that someone would like to respond.   Sure, Mr. Herncane.

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – You’re a couple weeks ahead of me here.  But one of the pieces of legislation I sent for October is an amendment to the CDBG program adding two new activities.  One of them is the demolition at 55 Forest.  Okay, so there’s going to be a public hearing on that.  There’s going to be a couple of things that are going to come down the line.  So if you can bear with us for another couple of weeks that will all come to like here very shortly.  It is my intention and the mayor’s intention to get the funds available to demolition that building.  So here in these chambers I would say by ordinance for the meeting on the 15th of October to have that discussed.  So we have taken care of that for you.

MIKE BASIEWICZ – There’s been discussions for several years.

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Well, there’s action now how’s that?

MIKE BASIEWICZ – Time for action. 

COUNCIL PRESIDENT GAMBER – Alright, thank you very much Mr. Herncane.  Thank you, Mr. Basiewicz.  Is there anyone else who would like to speak to council?  Mr. Manson, we need a motion to adjourn.

18.  ADJOURNMENT

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

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_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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