MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, NOVEMBER 18, 2013 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, November 18, 2013.  We have in attendance this evening several city officials: Law Director Stergios, Auditor Ferrero, Debbie Bonk from the auditor’s office,  Building Official Kraft, Engineer Dylewski, Mayor Catazaro-Perry, Police Chief Moser and Safety Service Director Hennon.  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 them off or down. 

1.  ROLL CALL

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

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILMAN PETERS Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN PETERS – Chairman of the Finance 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?  (No, not quite)  Okay, so we wouldn’t know if there are any additions or corrections to be made?  (No)  Alright, we’ll move on.

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

COUNCIL PRESIDENT TOWNSEND – This is the part 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 for the record and the topic you want to discuss at this time. 

JIM HUEBNER – I’m not going to use the microphone because I have a throat infection and I don’t want…

COUNCILMAN PETERS – Well you kind of have to so it goes on the record.  Just put a rag over the microphone. 

JIM HUEBNER – 55 6th Street SE, Massillon, Ohio.  There are two actually three things on the agenda tonight.  Ordinance No. 136 and 137 regarding oil and gas development.  I’m just going to ask at this point that the council follow through with the first, second and third readings on this so that the residents of Massillon and yourselves have some time to research this locations and particulars.  I this past Tuesday in Columbus I appeared before the technical assistance council for oil and gas at ODNR.  My property was mandatory pooled into a drilling unit for a well by the same company on 6th Street or actually the well is on Tremont Street.  So I think its important that the citizens of Massillon understand that you know if they’re opposed to these wells and the industrialization of our neighborhoods that they need to get together and research out these things make sure that their rights are protected.  And so I hope that the council will follow through on three readings that of those.  The other one I was concerned about was and I didn’t I don’t see it on here but on the internet there was an ordinance about the sale of some property on the southeast corner of Tremont and Hess Avenue.  Again, you know I’d like to be able to research that get some more information about it so I hope the council will follow through with first, second and third readings on that.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Huebner. 

DAVID HAYES – I’m the owner of Crockett Homes.  On Ordinance No. 140 – 2013 for the platting of 10 lots off of Linda Lane.  We’re presently involved with getting bids out to get the streets in.  We’d like to go at a very quick pace on this because of the timing of the year and move forward as soon as possible on it.  The overall view of that section of Country View is 42 lots.  Was starting with 10 we have sold out all the lots in Country View.  The last house was started in the older section three months ago we should be completing all the homes within close to the end of the year.  So we’d like to get a new model going for 10 new lots which is just north of the park.  Thank you.

RENEE BOGUE – 204 Willow Avenue NE, Massillon.  Concerning Ordinances 136 and 137 I find these ordinances to use city land taxpayer owned land to be leased for gas shale drilling purposes to be in a front to Massillon taxpayers.  Urban drilling regardless of whether the well is horizontal or vertical is highly pollutive.  The air around these two wells will be filled with neurotoxins and carcinogens.  Council was emailed the American Journal of Nursing article that outlines the health hazards of drilling.  The radioactive highly toxics will left in these wells can migrate via abandoned mines, naturally occurring fissures and faults.  This will have the potential to contaminate water wells and aquifers.  The flow back again radioactive and highly toxic will mostly be placed in one of the two injection wells located in Perry Township with Massillon addresses.  One of those wells excepts out-of-state drilling waste as well.  This will can leak out of the injection wells through abandoned mines, naturally occurring fissures and faults too and could contaminate water wells and aquifers.  It is imperative that all council members view the short online video The Sky Is Pink by Josh Fox.  This video uses industry studies to explain how casings fail and why wells leak.  The link was mail to you earlier this year and I would be happy to resend it if necessary.  To pass these ordinances would be a misuse of taxpayer owned land and a breach of trust with Massillon taxpayers.  I am calling for a public hearing to be held on this issue.  Thank you. 

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 132 - 2013                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement between the City of Massillon and the Community Improvement Corporation of Massillon, Inc., for the sale of real estate located on the southeast corner of the intersection of Tremont Avenue SE and Hess Blvd SE, upon approval of the Board of Control.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – First reading

ORDINANCE NO. 132 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 132 has received first reading.

ORDINANCE NO. 133 - 2013                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to prepare plans and specifications, advertise for and receive sealed bids and enter into a two year contract, upon award and approval of the Board of Control, with the lowest and best bidder for laboratory services at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, this piece of legislation we reviewed at our work session we had the engineer come forward to discuss it with us.  He had stated that this is a fairly standard process for us that every couple of years he needs to contract out the laboratory work for the Wastewater Treatment Plant that tells us what our levels are to make sure that we’re in compliance with all authorities in that regard.  Does anyone have any questions or concerns or comments that they would like to discuss or would they like to speak with the city engineer before moving forward tonight?

COUNCILMAN LEWIS 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. 133 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 133 has passed.

ORDINANCE NO. 134 - 2013                    BY:   POLICE AND FIRE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sell the 1989 Ford F350 Ambulance to the Fire Department Rehab Unit (FDRU), which is no longer needed for any municipal purposes, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Yes, thank you, first reading

ORDINANCE NO. 134 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 134 has received first reading.

ORDINANCE NO. 135 - 2013                    BY:   POLICE AND FIRE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to accept a donation towards the repairs to the wheels of the 1853 apparatus The Vigilant for the Massillon Fire Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Yes, thank you, this is an ordinance the family of deceased Fire Captain Vern Weisgarber would like to recondition the antique fire fighting apparatus that’s stored at our main fire station called The Vigilant.  As we discussed previously this thing has wooden wheels similar to an Amish buggy.  So they have to be built and coated just to preserve a little of Massillon’s history.  There’s no cost to the city for this, this is done through the Weisgarber family.  So if does anybody have a question or comment about this at all? 

COUNCIL PRESIDENT TOWNSEND – Are there any questions or comments? 

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

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

ORDINANCE NO. 135 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 135 has passed.

ORDINANCE NO. 136 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Everflfow Eastern Partners LP., for 8.10 acres of real estate owned by the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY– First reading

ORDINANCE NO. 136 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 136 has received first reading.

ORDINANCE NO. 137 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface development Gas & Oil Lease with Everflfow Eastern Partners LP., for 10.65 acres of real este owned by the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY - First reading

ORDINANCE NO. 137 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 137 has received first reading.
 
ORDINANCE NO. 138 - 2013                    BY:   RULES, COURTS AND CIVIL SERVICE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a participation agreement with the Ohio AFSCME Care Plan for vision insurance coverage for City Employees, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President, first reading

ORDINANCE NO. 138 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 138 has received first reading.

ORDINANCE NO. 139 - 2013                    BY:   STREETS, HIGHWAYS, TRAFFIC AND SAFETY 

Vacating a portion of an unnamed, unimproved 10 foot wide alley located between Cherry Road NE and Andrew Avenue NE, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Hampton?

COUNCILWOMAN HAMPTON – First reading

ORDINANCE NO. 139 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 139 has received first reading.

ORDINANCE NO. 140 - 2013                    BY:   STREETS, HIGHWAYS, TRAFFIC AND SAFETY

Accepting the dedication of right of way and easement areas for the Country View Meadows Phase I, located on 18.91 acres just east of Kelly Street SW.  The request includes an approximate 400 foot extension of Linda Lane SW, from where the existing roadway currently ends, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Hampton?

COUNCILWOMAN HAMPTON – Thank you, Mr. President.  Actually on this particular one we did go over and discuss it last week at the work session.  So after careful consideration and after Keith got up and gave more explanation and the gentleman actually did talk about this particular one I’m actually if no one has any questions other than Mr. Slagle you wasn’t here do you have any questions?  Okay.

COUNCILWOMAN HAMPTON 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. 140 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 140 has passed.

ORDINANCE NO. 141 - 2013                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 2105 Stormwater Utility Fund and the Income Tax Capital Improvement Fund, for the year ending December 31, 2013, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  These appropriations this ordinance has two sections.  Section 1, appropriate from the unappropriated balance of the 2105 Stormwater Utility Fund, for the year ending December 31, 2013 the following: $25,000 to an account entitled Storm Sewer Repairs.  Section 2, appropriate from the unappropriated balance of the Income Tax Capital Improvement Fund for the year ending December 31, 2013 the following: $2,100 to an account entitled Fire Department Repairs.  I’ll ask if there are any questions if not I’m not going to move for passage. 

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

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

ORDINANCE NO. 141 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 141 has passed.

ORDINANCE NO. 142 - 2013                    BY:   FINANCE COMMITTEE

Making certain transfers in the 2013 appropriations from within the Parks and Recreation Fund, for the year ending December 31, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President, these transfers section 1 which is the only section hereby transfer from the 2013 appropriation from within the Parks and Recreation Fund, for the year ending December 31, 2013 the following:  from Gas and Oil $18,000, Recreation Salary $57,000 to Capital Improvement Carts $37,620, Legends Salary $37,380.    

COUNCIL PRESIDENT TOWNSEND – Okay, what is your motion?

COUNCILMAN PETERS – Well are there any questions?  No, okay.

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. 142 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 142 has passed.

ORDINANCE NO. 143- 2013                     BY:   FINANCE COMMITTEE

Amending Ordinance No. 149 – 2012 by revising the 2013 budget, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President, this Ordinance 149 – 2012 the following provisions are hereby inserted into Ordinance No. 149 – 2012: $636,684.27 from General Fund to Fire Pension Fund, $418,650.93 from General Fund to Police Pension Fund, $318,410.00 from General Fund to Lincoln Center II Debt Fund, $198,506.26 from General Fund to Lincoln Center III Debt Fund, $6,175.00 from General Fund to Senior Housing Debt, $24,631.46 from General Fund to OPWC Debt Fund, $1,671.64 from Unclaimed Fund to General Fund, $190,000.00 from Solid Waste Fund to General Fund and $39,546.88 from Solid Waste Capital Improvement Fund to General Fund. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilman Peters? 

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

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

ORDINANCE NO. 143 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 143 has passed.

ORDINANCE NO. 144- 2013                     BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to accept the Wal-Mart Company Grant for the Massillon Parks and Recreation Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Section 1 of this ordinance the council of the City of Massillon, Ohio, hereby determines it to be necessary in the public health, safety and welfare to accept the Wal-Mart Company Grant for the Massillon Parks and Recreation Department in the amount of $2,000.  Section 2, the Director of Public Service and Safety of the City of Massillon, Ohio, is hereby authorized and directed to accept the Wal-Mart Company Grant to be used in the Massillon Parks and Recreation Department.  The grant dollars will be deposited into the following account 1234.510.1890 which will be used for the special event program expenses.  I might add this was voted on by the board and they voted to accept this also the recreation board. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilman Peters? 

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. 144 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 144 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM THE OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM ELUM MUSIC CO DBA ELUM MUSIC CO 1ST FL ONLY 280 FEDERAL AVE NW MASSILLON OHIO 44647 TO MY REWARD INC 213 ERIE ST S MASSILLON OHIO 44646

LETTER FROM THE OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR BUEHLER FOOD MARKETS INC 2226 LINCOLN WAY W MASSILLON OHIO 44647

COUNCIL PRESIDENT TOWNSEND – Thank You, Madame Clerk, and we will refer that to the proper committee I believe that the wards council person should have a copy of that?  (Yes, they do)  Thank you.

9.  BILLS, ACCOUNTS AND CLAIMS

A.  REPOSITORY - $197.20

COUNCIL PRESIDENT TOWNSEND – Councilman Peters I need a motion to pay the bills. 

COUNCILMAN PETERS – I’d like to make a motion 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). MAYOR SUBMITS MONTHLY REPORT FOR SEPTEMBER 2013 B COPY FILE.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk and we will file that report?

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Any reports of committees?  Yes, Councilman Manson?

COUNCILMAN MANSON – Yes, I just want to bring this up because I know this is going to be a hot issue.  Everybody should have gotten an email probably the end of last week pertaining to the Heinz up here.  We’re looking at something that’s you know amounts to like 23 million dollars over a period of I’m not exactly sure what the time period is on the 249 jobs.  But it will be increasing jobs.  I don’t know if anybody saw it but it was in the business section that they actually I believe in North America reduced about 1,300 jobs in various places Canada, maybe Idaho, some other states I think the Carolinas.  We benefited from their these other people’s problems but I think it shows Ohio is becoming a very competitive area.  This was kept was pretty quite because there are other Heinz facilities in Ohio and I think they wanted to make sure their people got the first word on what was taking place here.  So we will discuss it at the next committee meeting and I know that they’re trying to talk about moving this very quickly.  But we’ll just see what happens next week at committee.  S if you have any questions don’t hesitate to get with Mr. Herncane if there’s something you that stands out to you and we’ll get him here at the next meeting we’ll have a discussion. 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – I’ve said I won’t be at the next work session but since I’m on that committee I was very excited when we got that email and whatever legislation comes forward I mean I’ll sign off on it.  I think that’s amazing and the miss or unfortunate circumstances of the other plants closing and those people losing their jobs I mean if we can bring jobs to the city in that unfortunate circumstance I think that that’s a good thing.  I thank the administration and Mr. Herncane for working on that I’m sure it wasn’t an overnight deal.  Like I said since I’m on that committee I will sign off on any legislation that we need to to bring that forward to get that ball rolling. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilman Manson.  Do we have any resolutions or requests?  Yes, Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – On the public utilities information with Everflow Eastern Partners they will be here Monday for the work session. 

COUNCIL PRESIDENT TOWNSEND – Anyone else? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR  - RECONSIDERATION OF ORDINANCE

ORDINANCE NO. 73 - 2013                      BY:   PARKS AND RECREATION COMMITTEE

Amending CHAPTER 163 “RECREATION BOARD” of the Codified Ordinances of the City of Massillon, by repealing existing Subsections 163.03 “POWERS AND DUTIES”, 163.05 “PARKS AND RECREATION DEPARTMENT”, and creating a new Subsection 163.06 “GOLF ADVISORY COMMITTEE OF THE LEGENDS OF MASSILLON GOLF CLUB”, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, this is being brought forth due to the mayor’s veto.  This ordinance just for clarification Mr. Law Director do we just bring it forward for a vote?

LAW DIRECTOR STERGIOS – Bring it forward for a vote you need two-thirds. 

COUNCIL PRESIDENT TOWNSEND – Mr. Stergios, could you come to the microphone please?

LAW DIRECTOR STERGIOS – Mr. President, ladies and gentlemen, Mr. Slagle, to answer the question it takes two-thirds vote of the members to override a veto by the mayor.  So that would be six, lets just bring it forward and vote on whether to override the veto.

COUNCILMAN SLAGLE – Then I move to bring it forward for a vote I think we’ve discussed it enough move on.

COUNCIL PRESIDENT TOWNSEND – I believe this ordinance will be will return back to first reading.  So…

COUNCILMAN PETERS – No.

COUNCIL PRESIDENT TOWNSEND – So you don’t have to suspend the rules?

COUNCILMAN CHOVAN – No, we’re voting this is it tonight.

COUNCILMAN SLAGLE – Right.

COUNCIL PRESIDENT TOWNSEND – Okay, that’s your motion.

COUNCILMAN SLAGLE moved to bring Ordinance No. 73 – 2013 forward for a vote, seconded Councilwoman Halter.

COUNCILMAN SLAGLE – One clarification yes vote is to override the vote correct?

LAW DIRECTOR STERGIOS – Yes, that’s correct Mr. Slagle.

COUNCILMAN SLAGLE – Okay, thank you.

ORDINANCE NO. 73 – 2013 WAS PASSED AND OVER THE MAYOR’S VETO BY A ROLL CALL VOTE OF 8 YES, 1 NO.  SCASSA VOTED NO.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 120 - 2013                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, 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 construction of a salt storage structure to be located at the Department of Public Works on Walnut Road SW, in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, last time we discussed this piece of legislation I know that there were some people in favor and some people who were a little bit more hesitant.  I don’t think anyone voiced any negative comments I think everybody agrees that if we or most everyone agrees that if we’ve been sited or told by the EPA that this maybe something that we need to address that it should be something that we address at some point.  However some of the discenting opinions that it may not be necessary right at this moment and its something that we can look at in the spring or summertime.  This way we can assure ourselves that we have some funds maybe in the spring as other concerns come available.  With that said does anyone have any questions or comments that they would like to add before we vote or this evening or would like me to call the city engineer forward to answer questions?  Alright.

COUNCILMAN LEWIS moved to bring Ordinance No. 120 – 2013 forward for a vote, seconded by Councilwoman Cunningham-Hedderly.

ORDINANCE NO. 120 – 2013 WAS DEFEATED BY A ROLL CALL VOTE OF 5 NO, 4 YES.  CHOVAN, CUNNINGHAM-HEDDERLY, LEWIS, PETERS AND SCASSA VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 120 has been defeated.

ORDINANCE NO. 121 - 2013                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, 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 Genshaft Park Sanitary Sewer Replacement Project in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, this is the project that is to be running along side and with the Genshaft Park.  The idea here is that that line is in need of some repairs and with the recent donation and upgrades made to the park we would hate to see anything happen to the line that would cause future damage to that park.  And that is why this particular line was chosen are there any questions or comments for discussion this evening? 

COUNCILMAN LEWIS moved to bring Ordinance No. 121 – 2013 forward for a vote, seconded by Councilman Manson.

ORDINANCE NO. 121 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 121 has passed.

ORDINANCE NO. 122 - 2013                    BY:   HEALTH, WELFARE & BLDG REGULATION COMMITTEE

Enacting a new CHAPTER 751 “CHARITABLE DONATION CONTAINERS” of the Codified Ordinances of the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter?

COUNCILWOMAN HALTER – Thank you, Mr. President.  This is the third reading for this ordinance I’ve not had any complaints or any discussion on this.  I don’t know if anyone else has if anyone has any questions.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilwoman Halter?  Okay, your motion.

COUNCILWOMAN HALTER moved to bring Ordinance No. 122 – 2013 forward for a vote, seconded by Councilwoman Scassa.

ORDINANCE NO. 122 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 122 has passed.

ORDINANCE NO. 128 - 2013                    BY:   RULES, COURTS AND CIVIL SERVICE COMMITTEE

Amending CHAPTER 121 “COUNCIL” of the Codified Ordinances of the City of Massillon, by enacting a new Section 121.02(q) Rule 64 “Who Admitted Within Bar”. 

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, I’m going to go ahead and defer to Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, we’ve discussed this for several weeks now.  I’ve given you reasons why I think its important that when we have a council meeting we are set up as we are now.  You know doesn’t mean other people in the administration or any other department can not speak with us but it means that its by invitation and which means we have to do a little bit more pre-planning before the meetings to get these people that we need to answer questions for us here.  I just think it cleans up the whole thing to have it set up this way but as I mentioned several times you know you people some of you said that you don’t see it necessary to change a rule specifically and others of you have told me that you think it’s a good idea.  So lets just bring it forward for a vote and see if passes or if it doesn’t.

COUNCILMAN CHOVAN moved to bring Ordinance No. 128 – 2013 forward for a vote, seconded by Councilwoman Halter.

ORDINANCE NO. 128 – 2013 WAS DEFEATED BY A ROLL CALL VOTE OF 5 NO, 4 YES.  CHOVAN, CUNNINGHAM-HEDDERLY, HALTER AND HAMPTON VOTED YES.

COUNCIL PRESIDENT TOWNSEND – Okay, I’ve got the tallies could you repeat who voted yes?

COUNCIL CLERK BAILEY – Chovan, Cunningham-Hedderly, Halter and Hampton voted yes.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you, thank you.  Okay, Ordinance No. 128 has been defeated.

15. SECOND READING ORDINANCES AND RESOLUTIONS

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT TOWNSEND – Okay, do we have any new or miscellaneous business Councilman Lewis?

COUNCILMAN LEWIS – Yes, I just have a question on this I should have probably gotten this back in #12 but we had our budget meeting today and we hadn’t have another one scheduled however we are starting to run short on the calendar is it safe to say that we would like Mr. Koher here on the 25th and we will discuss it at the work session as well instead of waiting two weeks?

COUNCILMAN PETERS – Yeah, you can definitely assume that if you recall Mr. Koher is going to call me tomorrow afternoon we were going to set that up.  So…

COUNCILMAN LEWIS – Just wanted to kind of put that out there. 

COUNCIL PRESIDENT TOWNSEND – Okay, I would also like remind everyone our work session for next week falls on November 25th. 

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

COUNCIL PRESIDENT TOWNSEND – We have now arrived at item 17 this is the part of the agenda if you’d like to speak on a topic which does not appear on the agenda please this is the time to come up and approach the microphone and give your name and address and the topic you wish to discuss. 

18.  ADJOURNMENT

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

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MARY BETH BAILEY, CLERK,

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TONY M. TOWNSEND, PRESIDENT

 

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