MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, DECEMBER 19, 2011 

COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Monday, December 19, 2011.  We have in attendance with us this evening: Fire Chief Burgasser, Pat Pantello from the auditor’s office, Community Development Director Aaby, Engineer Dylewski and Law Director Stergios.  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:  Gary Anderson, Kathy Catazaro-Perry, Dave Hersher, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 8 present.

2. INVOCATION

COUNCIL PRESIDENT GAMBER - I will recognize Councilman Paul Manson for the invocation and the Pledge of Allegiance. 

COUNCILMAN MANSON – Led those in attendance with the invocation. 

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN MANSON – Chairman of the Finance 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.  Councilwoman Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I would just like to make a motion that we move Ordinance No. 142 – 2011 to the beginning of our agenda as it may effect one of the finance ordinances this evening. 

COUNCIL PRESIDENT GAMBER – Alright, we will what number was that?  (142 – 2011)  Alright, we’ll get to that in just a moment.  In the meantime, 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

BOB RICHARDS – I live at 1375 Benson St SW in Massillon.  My main concern right now is the sale of these parks which I think the reason they want to sell them is terrible.  Because we have already paid for the maintenance on these parks.  It has not been used for what we paid for.  I think it is so wrong this is a slap in the face to the citizens of Massillon.  I think you could do something about it vote that down.  Thank you.

CINDY BRATTON – I live at 927 3rd Street NE in Massillon.  On Ordinance No. 131 – 2011, 132 – 2011 I disagree and do many of my neighbors.  Even though we might not live by these parks the Lawndale Park and the Hetrick Park I do not want our parks sold.  There’s history in those parks and when you sell those parks we lose that history.  When we lose the history where do the kids have to go to learn anything.  It’s very important that we keep the property that we now own to pass it on to our children.  Thank you.

WARREN NORTON – I live at 413 5th Avenue SW.  I would like to speak on the same issues Ordinance No. 131 – 2011 and 132 – 2011.  Park land whether its historical or not if its park land its owned by all of the citizens of Massillon.  It’s not private property for the parks department its not private property for the city council.   The money has been appropriated, the money has been voted and to then turn around and sell that material to my mind is almost malfeasance.  I think its wrong and I think it should not be done.  Thank you.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT GAMBER – We have a request to move Ordinance No. 142 forward on the agenda.  Is there any objection to that?  Madame Clerk, would you please read the title to Ordinance No. 142?

ORDINANCE NO. 142 - 2011                    BY:  RULES, COURTS AND CIVIL SERVICE COMMITTEE

Amending Section 2(d) OCCUPATION LIST OF CLASS TITLES – MAYOR of Ordinance No. 127 – 1997 by amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – MAYOR by creating a new position under said designated as “Budget Director” and by amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – MAYOR, to include such position thereunder, in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILWOMAN CATAZARO-PERRY –  As I have a lot of handouts for you tonight.  As promised I have the job description for you that includes the income tax administrator position as well.  So you can feel free to look over that.  I have a couple articles from the past about you know where our city was in 2009 and then I have a current article about Detroit and how they stopped paying their bills also.  So I just wanted to show you how important this position is for the new administration.  The reason I moved this forward is that if this passes tonight I’d like to suspend the rules and if it passes this evening we will need to amend the quarterly budget or the annual budget which ever one we decide to pass.  So I wanted to jump forward so that if so we don’t have to go back and revisit this at the end of the council meeting tonight. 

COUNCIL PRESIDENT GAMBER – Are you finished?

COUNCILWOMAN CATAZARO-PERRY – Yes.  Thank you.

COUNCIL PRESIDENT GAMBER – And what would you like to do?

COUNCILWOMAN CATAZARO-PERRY – Well, I just wanted to see if there were any questions or if not I’d like to move to suspend the rules.

COUNCIL PRESIDENT GAMBER – Are you making the motion or not making the motion?

COUNCILWOMAN CATAZARO-PERRY – I’m just waiting to see if there’s any questions.

COUNCIL PRESIDENT GAMBER – Mr. McCune?

COUNCILMAN MCCUNE – Not so much questions I’ve over the past well probably ten days I’ve received a phone call a day anyway.  It has been brought to my attention during every one of these conversations that as a lame duck member of this council that I should not voice an opinion.  I also want to say that every one of these calls has been adamantly opposed to the creation of this position.  I have pointed toward them you Kathy so that you can talk to them.  But I believe that they make a lot of sense in that as a lame duck I probably should and since this is such a controversial and hot button issue I probably should allow the next council to have their opinion made in this.  Because it’s going to be a long lasting position.  I personally this is the first opportunity I’ve had to see the qualifications for the position.  I would like to be able to give Kathy every light up that I possibly could but having received so many calls and having it expressed in some matter very vocally I probably will abstain from voting for emergency passage tonight.

COUNCIL PRESIDENT GAMBER – Well you can’t abstain you mean you’ll vote against it?

COUNCILMAN MCCUNE – Yeah, most likely.

COUNCIL PRESIDENT GAMBER – Are there any comment or question?  Mr. Manson?

COUNCILMAN MANSON – Yes, as I said the other night that I probably will not object maybe in the end but I think that it’s a little too soon to move this ahead.  One, we got hit with a lot of information here and the other is I have to agree that this I’ve had a lot of phone calls, emails and personal contact about this ordinance.  So I really think it doesn’t hurt us to take our time to go through it. 

COUNCIL PRESIDENT GAMBER – Mr. Peters, was your hand up?

COUNCILMAN PETERS – No, I’m going to abstain my hand. 

COUNCIL PRESIDENT GAMBER – Is there anyone else?  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – Well, Mr. McCune I’d just like to bring you up to speed on this position since you were absent at the last committee meeting.  This position encompasses the income tax administrator which is about a $55,000 position.  So that the position is going to pay $65,000 but by not allowing department heads to have overtime we’ve more than paid for the position.  So this person will be overseeing two areas the budget as well as the income tax department.  It’s going to make significant results for our city.  In fact this is the best time to bring on someone like this because our finances are in such a shambles.  That I too have also received many, many calls and comments and they were all positive and they said you have got to get this position filled because we are scared what’s going to happen to our city.  So you know whether we suspend the rules now or not I’ll be calling a special meeting if we don’t before the end of the year so that we can bring this person on with the new administration in January.  Whether we suspend the rules and vote for this position or not this if this position doesn’t get passed this person will come in the income tax department and still do the budget anyway.  So one way or another this person is going to fill that role and I really think council needs to support it.  I think that we all need to be on the same page and it’s just very, very important that we have this many, many cities have this position.  I know Mr. Slagle asked me well how many and we tried to get that information to separate it out statutory versus charter and they can’t give us that information.  I didn’t have time to call 186 cities to find out but many cities have a budget or finance director.  So it’s just very important to the new administration that we get this position approved and filled.  So I really would like your support on this. 

COUNCIL PRESIDENT GAMBER – What is your intention with the ordinance?

COUNCILWOMAN CATAZARO-PERRY – I’ll just wait on Mr. Peters.

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – I’ve got a problem with all the special meetings. 

COUNCIL PRESIDENT GAMBER – Now, hold on we’re not talking about special meetings.

COUNCILMAN PETERS – Well, I know but I want council to be aware that if she’s going to call a special meeting she’s going to have to call three special meetings because we’re never going to get enough votes to suspend at any point in time.   So what I’m suggesting is we suspend and if you’re against it vote against it and if you’re for it vote for it and lets get it off the thing.  I don’t like all these special meetings its coming up to the end of the year it’s just my opinion. 

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – Yeah, I don’t like the special meetings either but like I said you know we were just hit with quite a pile of things to look at here.  We certainly don’t have time to digest them all and I don’t think it’s an emergency that it has to be done that quick.  So I’m still going to be voting against suspending. 

COUNCIL PRESIDENT GAMBER – Mr. Townsend?

COUNCILMAN TOWNSEND – Well, you know I respect everyone’s opinion on city council but I guess I’m a little confused that people would be reluctant to actually fill a vacant position of the income tax administrator.  Because it appears to me that this new person would actually be doing you know a great deal of work in that department with a few extra, extra responsibilities as far as the budget.  So I’m a little confused at that and far as all this stuff we received from Kathy this was in the paper the other day, this was in the paper a while back, this was in the paper a while back, this is Detroit but it makes good examples.  I read this two weeks ago this is the only thing I think we really need to be concerned about is the job description that’s what most people in city council wanted they have it.  I just glanced over it two minutes and pretty much it entails income tax administrative duties in my opinion.  So I’ll be supporting it I don’t see the mystery or the reluctance to support it.  Mrs. Catazaro-Perry is the incoming mayor its her right to want to fill a position she feels its going to help the city I’m going to give it her the chance just like a gave that grant writing position a chance.  I believe they were pretty much making about the same amount of money.  So once again I support this position. 

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I’ll give it second reading.

ORDINANCE NO. 142 – 2011 WAS GIVEN SECOND READING. 
 
ORDINANCE NO. 145 - 2011                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the City of Massillon to file an application to the State of Ohio, to participate in the Clean Ohio Revitalization Fund, and declaring an emergency.

 

COUNCILMAN HERSHER – First reading.  

ORDINANCE NO. 145 – 2011 WAS GIVEN SECOND READING. 

ORDINANCE NO. 146 - 2011                    BY:   POLICE AND FIRE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a sixty (60) day extension of said contract with the Board of Trustees of Jackson Township for the purpose of EMS Transport billing, and declaring an emergency.

 

COUNCILMAN MCCUNE – Yes, this is a request by the chief to extend the contract I think I wasn’t here for work session unfortunately due to having to be at my other job or main job but no one contacted me voicing any opposition to this.  So it would be my intention to waive the rules.  The chief is here if anybody has any questions for him. But this is something that one thing that we can wave a banner for this has been great for the city. If he needs the extension that’s something that we should do.  Anybody have any questions for the chief?

COUNCILMAN MCCUNE 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. 146 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 147 - 2011                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Veterans Park-Duncan Plaza Fund and the 2105 Stormwater Utility Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have two parts here the first part is $5,000 appropriate a portion of the Veterans Park-Duncan Plaza Fund 1240 to pay for repairs and improvements to Veterans Park.  The second part is section 2 is $1,870 from the unappropriated balance of the 2105 Stormwater Utility Fund for the annual discharge fee to the Ohio Environmental Protection Agency.  All holders of permits, license, variances, plan approvals and certifications issued by the Director of Environmental Protection pursuant to Chapters and I won’t read the chapters shall pay a fee to the Environmental Protection Agency for such issuance and each application for issuance as provided by the section.  Any questions?

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

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

ORDINANCE NO. 147 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 148 - 2011                    BY:   FINANCE COMMITTEE

Making certain transfers in the 2011 appropriations from within the General Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, first of all we have we need to amend this.  So I will be making a motion here to amend if you go to the front page where it says from third one down it says $3,810 that will go to 0 and then if you go to the third sheet no second sheet I’m sorry at the bottom where its says to we have those two numbers $97,640.57 those two numbers will be reduced to $95,735.33. 

COUNCIL PRESIDENT GAMBER – Your first change on the first page could you go over that again?

COUNCILMAN MANSON – Yes, third line down $3,810.48 will go to 0.

COUNCIL PRESIDENT GAMBER – Does everyone have that?

COUNCILMAN MANSON – Second page then go back there and reduce each one of those numbers to $97,640.57 goes to $95,735.33 both numbers there police salary and fire salary.

COUNCIL PRESIDENT GAMBER – Your motion?

COUNCILMAN MANSON moved to amend Ordinance No. 148 – 2011 as noted by the chairman, seconded by Councilman Hersher.

Roll call vote of 8 yes for the amendments.

ORDINANCE NO. 148 – 2011 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – Do you have questions Mr. Slagle?

COUNCILMAN SLAGLE – I do.  I do not see the auditor here but I know Pat is here could I ask her to come forward so I could ask her a question.  Good evening, Pat, how are you?  (Good)  When we are taking from these funds and adding to the others it would appear to me that we’re taking from expenses that we can kick over to the next year versus paying salaries in this year.  Is that a fairly accurate assessment?  (It is)  Okay, thank you.

PAT PENTELLO – The reason for this was that money was not available the $3,810.48 it shouldn’t have made that. 

COUNCILMAN SLAGLE – It was available for paying salaries.

PAT PENTELLO – For transferring.  Is there any other questions.

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

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

ORDINANCE NO. 148 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

 ORDINANCE NO. 149 - 2011                   BY:   FINANCE COMMITTEE

Reducing the appropriations in the Wastewater Fund, Fire Pension Fund, Police Pension Fund, TIF Service Payment Fund, Street Fund, State Patrol Transfer Bond Fund, Municipal Court Computer Fund, Section 108 Loan Repayment Fund, WIC Program Fund, Enterprise Zone Fund, Summer Concert Fund, Massillon Museum Fund, OPWC Loan Payments Fund, Tax Increment Financing Fund and the Bond Retirement Lincoln Center Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Okay, first of all if I get confused we will need the deputy auditor to help us out here probably.  But mostly what is going on here is we are reducing these amounts because we either did not get enough funds in or we didn’t need the funds one or the other.  In most cases we probably did not get enough funds.  So we’re reducing these lines this is exactly what they have to reflect at the end of the year.  Am I right? 

PAT PENTELLO – Yes.  Let me address each one.  The wastewater fund the reason there’s a large reduction in its appropriation our billing from the county has changed a little bit so we did not get our funding for September, October and November which amounts to over $600 some thousand dollars.  So that was the big issue with the wastewater fund.  Fire pension and police pension fund those are because we could not pay those pensions which would have been from a transfer from the general fund.  TIF Service payment fund those dollars were over certified.  Street fund those funds did not come in therefore you have to reduce the appropriation.  State patrol transfer those come from fines, fines are down so any time the fines are down you have to reduce your certificate and also reduce the appropriation.  Section 108 loan repayment fund for debt Aane had restructured that debt which reduced our payments for the year.  So we had less debt payments.  The WIC program fund they’re on a different fiscal year so part of 2011 will come in the first quarter of 2012.  Tax increment financing fund that was for TIF’s that was over estimated.  The other debt service fund for bond retirement that those were cents I think one was $.24 and one was $.50.  Those are just to balance out so it comes out to a 0.  Are there any questions on any of those reductions?

COUNCIL PRESIDENT GAMBER – Mr. Slagle?

COUNCILMAN SLAGLE – We’ve heard a number of dollars in terms of what we’re not paying this year and putting over into next year already.  (Yes)  Do you know what that sum is without counting these?

PAT PENTELLO – We’re at a $1.5 million probably.

COUNCILMAN SLAGLE – And does that include for instance the $640,000 that as the amount approximate amount from the police and fire pension that we’re not paying that we should be paying?

PAT PENTELLO – Yes, but we’ll have another quarter to be added on to that.  So depending on the dollars that come in from this point till the end of the year in income tax collections some of those payables may come off.  But we will have another quarter of pension that will go on.  So I would say the minimum amount is going to be $1.5. 

COUNCILMAN SLAGLE – Okay, thank you.

PAT PENTELLO – You’re welcome.  Are there any other questions?

COUNCIL PRESIDENT GAMBER – Mr. Manson, may I ask a question?  (Sure)  In section 1 you had mentioned the Wastewater Treatment Plant roughly $600,000 the county billing for September, October and November when do we normally get that?

PAT PENTELLO – We used to bill we used to bill monthly and that amount could be anywhere from $200,000 to $250,000 reimbursement from Stark County.  It’s kind of changed we’re having to bill for 60 days at a time which is two months.  So we just did August and I think they submitted September but I couldn’t take a chance on the September just September you have to wait 60 days to bill.  So for October and November they won’t be able to bill until the end of December I believe. 

COUNCIL PRESIDENT GAMBER – I guess what I’m saying is that was $600,000 that the city was planning on.  (Yes)  So someone else is not paying us we in turn also can’t pay someone.  (Right)  So if we had that $600,000 we would be down by $900,000 instead of a $1.5.  In any event there’s $600,000 we were expecting that we’re not getting. 

PAT PENTELLO – Yes, the $1.5 though reflects the general fund not wastewater fund.

COUNCIL PRESIDENT GAMBER – Alright, are there any other questions?  Mr. Manson?

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

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

ORDINANCE NO. 149 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 150 - 2011                    BY:   FINANCE COMMITTEE

Amending Ordinance No. 52 – 2011 by revising Section 4 of the 2011 budget, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, the only thing we’re doing here is changing all of these numbers general fund fire pension, general fund police pension and all that to reflect exactly what was spent on those accounts this year out of the general fund.

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

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

ORDINANCE NO. 150 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 151 - 2011                    BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into Transportation Agreements between the City of Massillon safety forces and other political subdivisions safety forces of Stark County, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, the first thing I want to do is amend this there was an error on this that I did not make it clear enough how I wanted this made out.  In section 3 it says these transportation agreements shall be in effect for a period of one year from January 1st, 2012 through December 31st, 2012 a separate line item is to be set up to receive these monies which will be used exclusively for improvements to the Massillon City Jail.  First of all, our jail is under utilized this has never been in here before I can understand what they’re trying to do but I don’t think its in the best interest of the City of Massillon to create this line that is only used for this.  So I will be making a motion to amend this and remove that paragraph.

COUNCIL PRESIDENT GAMBER – The paragraph or the second sentence?

COUNCILMAN MANSON – Section 3, I’m sorry it’s a paragraph but section 3.

COUNCIL PRESIDENT GAMBER – Okay, section 3 covers two things.  The term of the agreement for one year do you want that in or out? 

COUNCILMAN MANSON – No, we’ll take the last line out leave section 3.

COUNCIL PRESIDENT GAMBER – Okay, the motion would you make it again please?

COUNCILMAN MANSON – Alright.  I make a motion that we take the line the last line of section 3 out a separate line item is to be set up to receive these monies which will be used exclusively for improvements to the Massillon City Jail. 

COUNCILMAN MANSON moved to amend Ordinance No. 151 – 2011, seconded by Councilman Peters.

Roll call vote of 8 yes for the amendment stated by the chair.

ORDINANCE NO. 151 – 2011 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCILMAN MANSON – Quite honestly I have not been able to dig into these numbers.  I don’t know Perry were you involved in any…could I ask the law director a question? 

LAW DIRECTOR STERGIOS – I was not specifically involved in these numbers but I can tell you from a historical recollection that its my understand that the police department calculates the figures for 2012 based upon the number of transports they did in 2011 so we’re like a year behind.  So if goes up expenditually then the 2013 dollar per run or per transport figure will make up for that.  But that’s without getting the file out I believe that’s how these figures come about.  Everybody is well aware of it and Joe Herrick helps calculate it and so forth.  But I wasn’t specifically the first I saw this was after it came through committee meetings but that’s my recollection.

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – Mr. Stergios, these numbers are the same as last year first of all.  Secondly these letters went out to these cities and townships prior to city council voting on the amounts to be billed which I think is incorrect.  But I would like to see that these numbers be increased because I mean gas has gone up I mean everything has gone up.  So I would like to see these numbers increased not stay the same. 

LAW DIRECTOR STERGIOS – I have no idea if they’re the same as last year I don’t have last year’s in front of me.  No one asked me about this and I don’t disagree with you but I just came up because Mr. Manson asked me to and that’s my I thought the numbers changed every year.  But I honestly don’t know no one ever asked me.

COUNCILWOMAN CATAZARO-PERRY – Yeah, I believe they’re the same from last year.  But my biggest problem is that these numbers and amounts went out before city council had a chance to vote on it and approve it.  So I think that’s a bigger issue is that.  I think city council should give their seal of approval on it before a letter goes out.

LAW DIRECTOR STERGIOS – Well, I think an agreement goes out to each of the entities and if council doesn’t approve it then we don’t sign the agreement.  Again, I never saw any of those letters no one consulted with me this is the first I heard anything about it.  So if that’s…

COUNCILWOMAN CATAZARO-PERRY – And I apologize you were on my mind to call this week so I’m not trying to catch you off guard.  But…

LAW DIRECTOR STERGIOS – But I never knew anything went out until you just told me that so its not done without my knowledge.

COUNCILWOMAN CATAZARO-PERRY – Yeah, I didn’t know until I read it.  I thought wow these letters already went out.  I thought it should be backwards should come to us first and then go out once we approve it. 

LAW DIRECTOR STERGIOS – Logic would dictate that.

COUNCILWOMAN CATAZARO-PERRY – Yeah, so any way as Mr. Manson said dig into this a little bit more before we approve it.

COUNCIL PRESIDENT GAMBER – Anyone else?

COUNCILMAN MANSON – Would I guess I have a question here the only concern I have and I really don’t have any problem letting it go until we can clear it up.  But will we have any problem here with the contract dates of January 1st 2012 thru December 31st of 2012?

LAW DIRECTOR STERGIOS – Technically we don’t have to transport any of their prisoners after January 1.  Now my guess is that we probably will anyhow and work something out.  But you know we don’t have to transport township or prisoners to the jail.  We do that as part of well that’s why we have an agreement because the last gentleman’s agreement we had fell through for lack of a better word.

COUNCILMAN MANSON – I think probably it would in our best interest to just give this first reading.  I can’t believe that this would be an emergency that we would have to act on it before January 3rd or whenever our first meeting of January is. 

COUNCIL PRESIDENT GAMBER – Mr. Manson, may I ask a question?  (Sure)  Did this come through police and fire at all in any way shape or form?

COUNCILMAN MANSON – It probably should have come through both.  First reading.

ORDINANCE NO. 151 – 2011 WAS GIVEN FIRST READING.

RESOLUTION NO. 17 - 2011                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

A Resolution rescinding Ordinance No. 98 – 2011.

 

COUNCILMAN HERSHER – I would request that the President recognize Councilman Anderson for the purpose of discussion this ordinance since it was brought forward at his request and his authorizing. I’ve been given no indication what he intends to do with it.

COUNCILMAN ANDERSON – I would like to give it first reading.

RESOLUTION NO. 17 – 2011 WAS GIVEN FIRST READING.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 B COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 B COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR NOVEMBER 2011 – COPY FILE

COUNCIL PRESIDENT GAMBER – We have numerous reports from city officials all of which we will put on file. 

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Committee meeting a reminder that the work session will be next Tuesday the 27th because of Christmas.  Then also a reminder that the first council meeting of the New Year will be Tuesday, January the 3rd.

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 131 - 2011                    BY:   PARKS AND RECREATION COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, according to law, for the sale of the parcel of real estate commonly known as Hetrick Park, in the City of Massillon, Stark County, Ohio and owned by said City, which is not needed for any municipal purpose, and declaring an emergency.

 

COUNCILMAN SLAGLE – This ordinance and the next one came out of the Massillon Recreation Board requesting that we take as council these actions.  We’ve had two public hearings on them or public meetings on them to date.  The Massillon Rec. Department discussed their options and these two parcels that we’re discussing tonight quite often I would point out that the first ordinance that we’re voting on is that area known as Hetrick Park which is that part up by the off of Tremont by the stadium.  We had no one as I remember speak specifically about this but I will again relate the conversation I had with one of the Massillon School Board members that perhaps the school board would have some interest in this property.  I’ll also point out that this is not actually to sell these park the purpose of these is to seek bids to as the statute says each bidder then shall review with the administration of the City of Massillon and City Council their intended use for the real estate.  That this successful bidder shall be responsible for all fees and costs associated with the sale and transfer of the property including but limited to survey costs, closing costs, title, insurance and related fees.  Most importantly that the city reserves the right to reject any and all bids.  Furthermore if you’ll remember the recreation board was requesting this only if ultimately these bids came in that it was determined that the bids were satisfactory and that the projects being proposed were in the best interest of the City of Massillon.  Then those funds be used for specific purposes.  If you’ll remember that was part for $37,000 for security system at the recreation center, $55,000 for park equipment which were two mowers and ball diamond groomer, $42,000 for two trucks for the park department and $66,600 plus any additional monies generated by the sale be put into capital improvements.  We’ve heard many people speak out that selling parks city land that is parks is not a good idea.  Frankly I would I tend to agree that selling property for the purposes of covering debts is not a good idea.  However, the rec. department proposal in their opinion is that they’re not doing for that purpose but to improve the remaining park acreage that the City of Massillon has.  As we have discussed many times in this chamber and also as the rec. board discussed one of the problems with the City of Massillon Park Department is that the parks themselves are spread out all over.  They’re not consolidating two or three centrally located parks which are easy to maintain.  Through the years we picked up a great deal of other land that we have to take care of whether it be the west side walking path or the Sippo Valley walking path all of which take further time away from the park department manpower to take care of.  So its within their best judgment that these two be put out not necessarily to see if they will sell but to see if there was interest and if that would then be something that we should consider doing as a city and as a recreation department.  I’m not sure that we can make that decision if it’s a good idea until we see if there’s any market for them and see what the bids are.  It’s just a gathering piece of information so obviously its third reading for both of these ordinances tonight.  I’m going to support the Massillon Rec. Board in their determination that they want to get this piece of information.  I don’t know that I’ll support even selling either of these parks once we see what the information is.  But until I see that information I can’t really make a judgment call on it to see whether its in the best interest of the city at that point.  So…

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Like Councilman Slagle said there were two public meetings one of these parks is in my ward and at the public meeting last Monday there were several people here that spoke out against it.  I specifically heard the park rec. board member got up and said they’ll take it off because they the people have spoken.  Whether or not we’re voting to sell this or not voting to sell it my people don’t want it even mentioned.  So I’m going to support them they’re the ones who elected me.  Like I said there’s nobody ever agrees you know there’s always one or two people that don’t agree with something.  But when you fill council chambers with people that disagree with what’s going on and you have the rec. board member saying that they were right and they would be listening to I think we have no other choice but to vote Ordinance No. 132 down completely.  I really don’t have a problem with Ordinance No. 131 like Mr. Slagle said you know there might be a legitimate buyer for that and it would probably be a good fit with the Board of Education.  The only way you could find that out is by like Mr. Slagle said putting it out there and seeing what could happen.  As far as Ordinance No. 132 I adamantly oppose it and I would ask that out of respect for the people in my ward and the councilman in that ward that they would vote against it also. 

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I’m not playing with my phone I was trying to find an email from a resident Alex Wood sent me an email today a resident in ward 3 and this is the first person I’ve heard of from Hetrick Park.  I received it probably some time late this afternoon.  He called me over the weekend and said he’s opposed to selling Hetrick Park that he was going to contact some of his neighbors if he could and of course it’s the busy holiday season.  So he did not get a chance to talk with any of the residents around him.  But he is opposed to selling Hetrick Park and wanted to know Donnie why someone didn’t take flyers around that neighborhood.

COUNCILMAN PETERS – That’s not my ward.

COUNCILWOMAN CATAZARO-PERRY – No, no, no, its my ward I’m teasing you.  So but truly right at Hetrick Park you know there isn’t really anything touching it as far as homes and not having any complaints from anyone else.  So Mr. Slagle I did receive this complaint from him and I’m going to be voting no the projected sales of these as well.  I think we need to take a step back and rethink this process and really talk to the residents and really kind of understand all the parks.  I think we need a better education of our parks and which deeds are permitting them to be sold and which are not.  Maybe council needs to be more included in that process. 

COUNCIL PRESIDENT GAMBER – Mr. Townsend?

COUNCILMAN TOWNSEND – You know I just want to say this is bad business.  You know city leaders went to the citizens of Massillon and you know asked them to support our city park with their hard earned money.  Then years down the road we turn around and put want to put parks up for sale.  We went to the people and wanted them to support them but we didn’t go to the people and pretty much ask them could we sell them.  Just like the gentleman back here said these parks belongs to the people of Massillon not the park and rec. board or Massillon City Council.  Once again this is bad business I don’t like discussing it and I will be voting no on 131, 132 and any other future ordinances that the rec. board presents in front of me.  That’s it.

COUNCIL PRESIDENT GAMBER – Mr. Slagle.

COUNCILMAN SLAGLE moved to bring Ordinance No. 131 – 2011 forward for its passage, seconded by Councilman Peters.

Roll call vote of 4 yes, 4 no.  Anderson, Catazaro-Perry, Peters and Townsend voted no.

COUNCIL PRESIDENT GAMBER – Because the citizens talked specifically about Lawndale and we were told by several members of the rec. committee that they were going to take Lawndale Park off of that I see nothing wrong with taking bids for Hetrick.  The Park & Rec. Board will still have to decide what to do with it it will still have to come back to council so this is not selling it.  This is strictly a following through on their desire to put it up and see what sort of a bid they can get.  So I will vote yes.

ORDINANCE NO. 131 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 5 YES, 4 NO WITH PRESIDENT OF COUNCIL GAMBER BREAKING THE TIE TO MAKE IT 5 YES, 4 NO. 

ORDINANCE NO. 132 - 2011                    BY:   PARKS AND RECREATION COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, according to law, for the sale of a portion of Lawndale Park, located on 13th Street SW and 14th Street SW aka Lawndale Park, in the City of Massillon, Stark County, Ohio and owned by said City, which is not needed for any municipal purpose, and declaring an emergency.

 

COUNCILMAN SLAGLE – This is Lawndale Park its only its not the entire park as you’ll remember the I guess it would be the west end that would remain it’s the east end that’s being sold if I get my directions right.  Oh, north, south.  This is the one in which the citizens were leafleted a number of them probably 10 to 12 showed up.  All of whom were opposed to the sale of the park land or they’re obviously opposed to the sale of the park land but they’re also opposed to putting it up for bid I would gather by their representations here.  The I certainly would understand that that’s green space surrounding many houses and with my green space I would be objecting to it too whether it be a private seller or the city selling it or whomever else selling it.  So its again here so I bring it forward I make a motion we bring it forward for passage.

COUNCILMAN SLAGLE moved to bring Ordinance No. 132 – 2011 forward for its passage, seconded by Councilman Peters.

ORDINANCE NO. 132 – 2011 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO.

ORDINANCE NO. 135 - 2011                    BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract with Truck Sales & Service for the lease/purchase of two (2) dump trucks for the Street Department, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, just a minute here, at this point this point in time I do not think that we need to both voting to go forward with this.  I don’t think any of us are prepared to vote for buying new trucks right now.  So my recommendation is that we move this forward and we vote no on it. 

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – I was seconding it.

COUNCIL PRESIDENT GAMBER – He didn’t make a motion he made a recommendation.

COUNCILMAN MANSON – Well, I’m making a motion.

COUNCIL PRESIDENT GAMBER – Well, there’s a difference.  Do you want to make a motion?  What is your motion?

COUNCILMAN MANSON – Motion is to bring Ordinance No. 135 – 2011 for a vote.

COUNCIL PRESIDENT GAMBER – Alright, but your personal recommendation is to vote no.

COUNCILMAN MANSON – With a recommendation of no.

COUNCIL PRESIDENT GAMBER – Alright, Mr. Hersher, you’re on the finance committee are you seconding?  (Yes)  Okay, its been properly moved and seconded.  Mr. Peters, do you have any comments or discussion?  (No, sir)  Anyone else?

ORDINANCE NO. 135 – 2011 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO.

ORDINANCE NO. 137 - 2011                    BY:   FINANCE COMMITTEE

Adopting temporary appropriations for the operating and capital expenditures of the City of Massillon, Ohio, for the fiscal year 2012, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, it would be my recommendation that we bring this forward to pass it. 

COUNCIL PRESIDENT GAMBER – Is that your motion?

COUNCILMAN MANSON – Well, along with discussion here.

COUNCIL PRESIDENT GAMBER – Okay, now last time your recommendation was a motion this time your recommendation is?

COUNCILMAN MANSON – I’m going to make a motion that we bring Ordinance No. 137 forward for a vote.

COUNCIL PRESIDENT GAMBER – Okay, seconded by Councilwoman Catazaro-Perry.

COUNCILWOMAN CATAZARO-PERRY – No, that’s not a second, sir.

COUNCIL PRESIDENT GAMBER – Okay, we need we have a motion do we have a second for Ordinance No. 137?  Seconded by Councilman Hersher.  Now we’ll have some discussion, Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – Yes, I’m going to be calling a special meeting for Thursday this week.  I’d like to move 137 and 138 to the special meeting because I’d like to get this position approved and we’re going to have to go back and revisit either one or the other of this which ever one we would approved tonight.  So I just think instead of having to redo it on Thursday evening I’d like to just see if we could table these two for tonight and move them to Thursday.

COUNCIL PRESIDENT GAMBER – Are you making that motion?

COUNCILWOMAN CATAZARO-PERRY – Yes, I am.

COUNCIL PRESIDENT GAMBER – Now we have not set a special meeting yet just to let you know.

COUNCILWOMAN CATAZARO-PERRY – No, but I’m going to be setting a special meeting for Thursday evening.

COUNCIL PRESIDENT GAMBER – I’ll permit this motion for our meeting that doesn’t exist yet.  Is there anyone that wants to second the motion to table, seconded by Councilman Townsend.

COUNCILMAN PETERS – To table?

COUNCIL PRESIDENT GAMBER – Yes, we’re tabling and we’re bringing it up again on what’s the date?

COUNCILWOMAN CATAZARO-PERRY – It would be Thursday I believe December 22nd.

COUNCIL PRESIDENT GAMBER – There’s a motion to table this until the 22nd of December, we have a second.  We need a roll call vote please?

Roll call vote of 8 yes to table until December 22nd, 2011.

ORDINANCE NO. 137 – 2011 WAS TABLED UNTIL DECEMBER 22, 2011.

ORDINANCE NO. 138 - 2011                    BY:   FINANCE COMMITTEE

Appropriating money for current expenses and other expenses of the City of Massillon, Ohio, for the fiscal year ending 2012, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we won’t be needing this so I’m going to make a motion that we bring it forward for a no vote and just get it off our table.  Seconded by Councilwoman Catazaro-Perry.

ORDINANCE NO. 138 – 2011 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 139 - 2011                    BY:  COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Shearer’s Foods, Inc., to provide an economic development “inducement grant” to assist the company in relocating its corporate headquarters to Massillon, and declaring an emergency.

 

COUNCILMAN HERSHER – We took a second work session to discuss this.  I don’t’ believe there were any unresolved issues or questions.  At least none that I was made aware of during the week, so it would be my intension to make another motion for suspension and passage this evening.

COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman McCune.

COUNCIL PRESIDENT GAMBER – Is there any comment or discussion?

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

ORDINANCE NO. 139 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 140 - 2011                    BY:  ENVIRONMENTAL COMMITTEE

Repealing Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION”, and declaring an emergency.

 

COUNCILMAN HERSHER – Second reading.

ORDINANCE NO. 140 – 2011 WAS GIVEN SECOND READING.

ORDINANCE NO. 143 - 2011                    BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Economic Development Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, this is approving the $100,000.00 on the economic development grant.  I will be making the motion to bring it forward for passage.

COUNCIL PRESIDENT GAMBER – This is second reading.

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

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

ORDINANCE NO. 143 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT GAMBER – Any new or miscellaneous business including meetings on Thursday?  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I thought this would be the appropriate time to call the meeting.  But I’d like to call a special meeting for Thursday, December 22nd at 5:30pm to discuss Ordinance No. 137 – 2011 and Ordinance No. 142 – 2011.

COUNCIL PRESIDENT GAMBER – This isn’t really a motion we just need it in writing with 3 members calling the meeting.  Who are the other two?  Mr. McCune are you endorsing the meeting?

COUNCILMAN MCCUNE – I have a comment.  I can not be back in…

COUNCIL PRESIDENT GAMBER – Right now looking for two other people to endorse the meeting.  Mr. Townsend.  Now we need one.  Now we have Mr. Anderson.  Okay. So the special meeting is on the record.  Mr. McCune?

COUNCILMAN MCCUNE – I would only say that at the absolute earliest I can make it back into town would be about 7:30 – 7:45pm.  So if you want me there the time would have to be somewhere around that time.

COUNCIL PRESIDENT GAMBER – I also will not be here Thursday.

COUNCILWOMAN CATAZARO-PERRY – Can the majority of you be there at 5:30opm?

COUNCIL PRESIDENT GAMBER – If you’re looking for feedback is there anybody who can not make it. 

COUNCILWOMAN CATAZARO-PERRY – I’m sorry I won’t put anybody’s feet to the fire December 22nd at 5:30pm special meeting.  Thank you.

COUNCIL PRESIDENT GAMBER – Alright, Madame Clerk, you’ll prepare the agenda and get the notifications out.  Is there any other new business.

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

COUNCIL PRESIDENT GAMBER – Is there anyone in the audience who would like to speak to council on any topic at all?

SAM DAUT – 835 Cherry Rd NW, Massillon.  I’d just like to tell Gary Anderson that you know being this is his last year as city council.  The people of the second ward I’m speaking for myself and I think a lot of people in the ward he has basically done a good job for everybody up there and I think he’s a done a really good job of representing the community as a whole.  On the other hand I just sit here and I’ve listened to it I know that I can’t bring up past things but I don’t understand how somebody can sell assets of this city, lease golf carts for $600,000 over the next five years, buy a defunct $200,000 restaurant then we’re sitting here thinking about how our expenditures are going to come around and how we’re fighting for money.  I just spent the last two years here and I am just mind boggled at how this getting back to Mr. Anderson at least he opposed some of them.  My last comment for the night and I brought this to your attention this should never happen that a ward councilman should not be here to represent his ward for the last five months and I spoke to you Mr. Gamber.  If there is not a rule by council then I think there should be a rule that people should be represented in that ward.  In closing I just don’t understand how you’re always looking for money but yet you can sit here and spend money like Mr. Slagle especially sitting on the rec. board that will sit here be willing that I want to bring it up because I can’t bring up we were spoken tonight that you would sell off assets but yet you’ll turnaround and vote to buy a restaurant, you’ll vote to spend $600,000 to lease golf carts not city vehicles but golf carts so people can go out and golf.  In closing Mr. Anderson, thank you and good night. 

CINDY BRATTON – 927 3rd Street NE, Massillon, Ohio.  I want to please plead with you to not bring forth selling of other parks in the City of Massillon other than the two that have been suggested.  We’re losing too much history that’s a pittance, that’s not going to help the rec. board one iota the smartest thing to do would be to quit dumping money into facilities that do not benefit the city at all.  Legends Golf Course, too much money goes there for too little pay back to the city.  I have never set foot on that golf course I’ve lived here 20 years.  I know five people maybe who participate in any kind of a sport there.  That money my money, my fellow citizen’s tax money needs to go elsewhere.  I know there are a lot of people that are paying attention and I’m one of them.  Obviously  I’m not afraid to open mouth insert foot as I make an error I’m sure you’re going to correct me.  I appreciate that.  Again, Mr. Anderson, you’re a good neighbor you worked hard for us and I’m proud that you represented us.  I’m very sadden that the council this evening was unable to make citizens representative decisions depending on Mr. Gamber to float the boat so to speak.  We needed that other council person up here sitting down sworn in to make a difference.  Those people did not get any representation Mr. Gamber had to second guess and who knows what information he got so he could second guess.  I appreciate all that you have done I’m not pleased with all you have done you’re public servants you work for the people, you work for the people.  We are the people and you will get telephone calls and you will get telephones and you will get more telephones the more upset that we get.  I thank you all for a real nice council meeting this evening.  I didn’t see a lot of back talk between you all, I didn’t see anyone getting up and leaving early, I didn’t see anyone coming in late.  You all get an “A” and an “A” is like a 100 points so you’ve got 100 points that’s going to roll over to next year.  So keep your points rolling and thank you very much.

COUNCIL PRESIDENT GAMBER – Mr. Townsend?

COUNCILMAN TOWNSEND – I just want to say you know its been a pleasure of mine to work with Gary, Dave Hersher and Dave McCune.  You know many times here at this table we had our disagreements ups and downs but I have always respected their opinion and respected them as council members of the City of Massillon.  Quite honestly I’m really going to miss you guys and if I don’t get voted out in two years from now I hope to see you guys in the future some time back in.  So that’s it. 

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I too want to say it was a pleasure to work with the three of you and I wish you the best.  I hope we see your faces back here as well.  Just Merry Christmas to you and Happy New Year.

COUNCIL PRESIDENT GAMBER – Mr. Peters, if I could after the meeting to see you for about two minutes.  Mr. McCune?

COUNCILMAN MCCUNE  – Along those lines I just to say its been an honor and privilege to serve on this council and represent the 6th ward and the residents of the City of Massillon.  It’s been educational and enlightening and being the die hard Massillonian that I am I look forward to the betterment of the future of the city and wish the next council nothing but good luck and full speed ahead. 

18.  ADJOURNMENT

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

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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