MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MAY 4, 2015 

COUNCIL PRESIDENT TOWNSEND – Welcome to the Massillon City Council Meeting for Monday, May 4, 2015.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Service Director, Joel Smith, Auditor, Jayne Ferrero, Chief Deputy Director, Debbie Bonk, Law Director, Perry Stergios, Community Development Director, Larry Marcus, Parks and Recreation Superintendent, Doug Nist, Fire Chief, Tom Burgassar and Tax Administrator, Ken Koher.  On the wall to your left are agendas for anyone who wishes to follow tonight’s meeting.  Also if you look at the agenda, under item #5 is where the public can speak on any item that appears on tonight’s agenda and then under item #17 is where the public can speak on any item that does NOT appear on tonight’s agenda.  I want remind anyone with cell phones, please turn them down or set them to vibrate.   (Please note that Treasurer, Maude Slagle entered during the meeting.)

  1.       ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Michelle Del Rio-Keller, Nancy Halter, Ed Lewis, Paul Manson, Andrea Scassa, Megan Starrett and Shaddrick Stinson.

Roll call of 9 present

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  I would like to recognize Councilwoman Andrea Scassa for tonight’s invocation and pledge of allegiance.

  2.       INVOCATION

COUNCILWOMAN ANDREA SCASSA - Gave the invocation for tonight.

  3.       PLEDGE OF ALLEGIANCE

COUNCILWOMAN ANDREA SCASSA – Chairperson of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance.

  4.       READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND – Madam Clerk, are the minutes of the previous meeting transcribed and open for public viewing?

COUNCIL CLERK ROLLAND – Yes, they are.

COUNCIL PRESIDENT TOWNSEND – Are there any additions or corrections to be made?

COUNCIL CLERK ROLLAND – No, there are not.

COUNCIL PRESIDENT TOWNSEND – Thank you, then the minutes stand approved as written.  Yes, Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President.  We all received an e-mail today from our Parks & Recreation Director, Doug Nist asking that we take a look at adding to the agenda an ordinance from the Parks & Recreation Dept. in reference to some adjustments to some fees at the golf course.  I would like the okay to go ahead and place it on the agenda today under first readings and we’ll have some discussion once that comes around.

COUNCIL PRESIDENT TOWNSEND – Okay.  Just make a motion to amend the agenda.

COUNCILWOMAN DEL RIO-KELLER – Thank you.  I would like to make a motion to amend the agenda adding the ordinance for the Parks & Recreation Committee fee adjustments for The Legends Golf Course.

COUNCIL PRESIDENT TOWNSEND – And this particular ordinance will be No. 59 – 2015.  I need a second.  Seconded by Councilman Stinson.  Roll call to amend the agenda to reflect Ordinance No. 59 – 2015.

7 yes; 2 no to amend the agenda.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 59 – 2015 will be added to the agenda.  Councilwoman Halter?

COUNCILWOMAN HALTER – I was just wondered if we were going to have; I have no ordinance.  Are we going to get an ordinance?

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILWOMAN HALTER – Thank you.

COUNCIL PRESIDENT TOWNSEND – Is there anything else? 

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

COUNCIL PRESIDENT TOWNSEND – We have arrived at #5.  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.  Give your name and address for the record and the topic you want to discuss.  In addition, please print your name and address on the Sign-In Sheet on the table before you so that your name and address appears correct on our records.

PERRY STERGIOS – 1241 Burd Ave. N.E., Massillon, OH.  I’m here to speak on the ordinance regarding the Fiscal Recovery Plan and specifically to the part that reduces the wages of the elected officials by 10% at some point.  I’m going to read you some numbers which I know all of you saw and I’ll round a little bit.  $144,000, $101,000, $118,000, $130,000, $103,000, $98,000, $88,000, $95,000 and $95,000 and I think you all know what those are.  Those are the wages of one (1) department; not including everybody obviously.  My point being that the problem, many of the problems that we have are tied specifically to overtime and minimum manning.  Now since two (2) Councils ago, you made it mandatory that everybody pay for health insurance.  Well, the Mayor and I didn’t have to pay.  Jayne didn’t have to pay, the Treasurer didn’t have to pay.  We all voluntarily, even though we’re in the middle of a term, threw in first $100 a month now I think it’s $200 a month to pay for health insurance that we didn’t have to do.  You took away the automatic cost of living increase which has been in place since 1997.  We did that in order to try to pass the tax last time.  No one got up here and complained.  I didn’t stand up, none of the other elected officials did.  You know, and I’m not here just to speak for myself, but there is no question that the city officials and probably some of the employees in this town are grossly underpaid when compared to our peer cities.  To say we’re going to cut 10% of Council who makes nothing and is grossly underpaid and 10% of the other four (4) of us to save $26,000 a year when we blow away $26,000 every time we have a meeting.  We spent $15,000 on elevators that we didn’t even know what they were for or what we were doing or what we were spending it on two (2) weeks ago.  And I could go on that list forever.  You’ve hit us with a street lighting fee.  You’ve hit us with a store _____ fee.  My wife has to pay extra income tax because you took away the tax credit.  If all of you think this is such a grand idea, take 10% from your private employment and through that in the pot too because this is, you know, the Mayor’s full time job, the Auditor’s full time job, I might as well be in it full time with the amount of stuff that goes on around here.  But it’s not fair for us to carry the load to try to pass some income tax.  All of our co-pays and deductibles have increased dramatically over the past eight (8) to ten (10) years.  You can’t imagine what some of us pay out-of-pocket for medical, especially when you put some our health into the mix.  I think it’s unfair, it’s uncalled for, it’s political showboating, is all it is.  And I don’t think it should be done because there’s a mistake in public belief that all elected officials and public employees are overpaid and lazy and I can tell you, from being around here, that’s not true.  In fact, and if anything, not to think I’m bribing you, but Council, it’s ridiculous what you guys make.  But you’re only going to be giving back $600 a year.  To us, it’s $4,000, $5,000 $6,000, $7,000.  That’s all I have to say.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?

JAYNE FERRERO – 2728 Mill Ridge Path, Massillon, OH.  I totally agree with everything that Perry said.  I do have a few figures that I can give you that I wanted to share with you.  The first thing I want you all to know is that $44,971.54 is spent this year in raises which you all have approved.  When you passed the budget, you approved these raises for different people in the City of Massillon, but yet you’re asking us to take a 10% decrease in our pay and yet you’ve rubber stamped people.  The same way with stipends.  The cost of our stipends is about $15,300 and that’s only two (2) departments in the City that give out stipends.  I do not, the Mayor does not give out stipends to anyone.  The Law Director does not give out stipends to anyone.  So, it’s the Courts and of course, you’re not including anybody in the Courts in any of these pay cuts and how wrong is that.  So you pick out twelve (12) people that you’re going to say that’s going to make a difference.  I’m sorry, I know it’s an election year and I know you all want to be elected, but this is not the way to do it.  And also, in my benefits for me that I have paid personally since we started paying, $7,237.84.  I know the Mayor has paid equally that and what really probably gets to me the biggest thing is that it’s going to affect my pension.  When I retire here from the City, my PERS is going to be affected by my salary and I don’t appreciate that.  I mean, I ran partially because of the pay that was involved with the spot.  Most of us do take a job because we get paid for it and that we really want to reap the benefit of that and for you to just be able to say “I’m going to take from twelve people” when you’ve all had the ability to give back throughout the years.  Last year only two (2) people in this city gave back and that was the Mayor and Andrea.  Not one person on Council gave back anything, not one dollar to the City.  So now, it’s an election year, so now you’re going to take away.  I have a problem with it.  I don’t think it’s fair.  I think it would not be justified for you to vote for that.  I would ask you to remove this from your Plan.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?

  6.       INTRODUCTION OF ORDINANCES AND RESOLUTIONS

            ORDINANCE NO. 54 – 2015                     BY:  COMMUNITY DEVELOPMENT COMMITTEE               
AN ORDINANCE authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Bill Weaver, owner of A Victorian Reflection, to provide an economic development grant to assist the business with upgrading and beautifying the City’s downtown, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson. 

COUNCILMAN MANSON – Yes, thank you, Mr. President.  In the interest of getting this going and getting the planters and stuff taken care of, we did this last year.  I believe we reimbursed afterwards, I’m not sure.  Mr. Weaver may have fronted the money last year, I’m not sure, but we did do this last year.  Having said that, is there anybody that has any questions that they would like to bring up or statements they would like to make as I intend to try to move this forward tonight?

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  I just have a question.  Are we going to pay this up front or will he submit his bill and then we would pay him?

COUNCILMAN MANSON – Quite honestly, to me it doesn’t matter, but I don’t know.  If somebody can answer that here?

COUNCIL PRESIDENT TOWNSEND – Would you like to call someone up?

COUNCILMAN MANSON – Larry, can you clear that up for us?

COUNCIL PRESIDENT TOWNSEND – Mr. Marcus.

LARRY MARCUS – Sorry, councilman.

COUNCILWOMAN HALTER – I asked if in the case of Mr. Weaver, are we going to just give him the $500 or would he submit his bills and then we would pay him the total up the $500?

LARRY MARCUS – I think we’ll reimburse him which is the way we’ve done it before.

COUNCIL PRESIDENT TOWNSEND – Are you finished, Councilwoman Halter?

COUNCILWOMAN HALTER – Yes.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  When he was here last at our Work Session and I asked him that question and he stated then that he did not want to have to front the money for this because that’s what happened last time because it took quite a while for him to get reimbursed that’s why he was bringing this now and hoping we could get this passed now to get the money released in time to get everything decorated before…

COUNCILMAN STINSON – May 15th.

COUNCILMAN CHOVAN – Before when?

COUNCILMAN STINSON – May 15th.

COUNCILMAN CHOVAN – Yeah, before May 15th.  But he just said he doesn’t want to put the money up front.  He wants us to fund it ahead of time.  Thank you, that’s all.

COUNCIL PRESIDENT TOWNSEND – Thank you.

LARRY MARCUS – We have do have workers that we’ve lined with United Way to help contribute work.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – I think it’s only reasonable to believe that Mr. Weaver should turn in receipts for whatever materials are used and we should take care of that probably through the Auditor’s office.  Would the Auditor comment on that?  Could you ask the Auditor if she would comment on that?

COUNCIL PRESIDENT TOWNSEND – Madam Auditor, would you come to the microphone?

JAYNE FERRERO – What happens is Bill will have to pay it first and then it will go through the CDBG and then they submit it to the Auditor’s office for payment.  So, it would be up to the CDBG Director to get that payment over to us so that we can send the money in, once you appropriate that money.  And depending on how long it takes him to get that paperwork over to us, that’s how long it takes for them to get their money.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILWOMAN HALTER – But Mr. Marcus just said that they will forward the money to him up front and you’re saying the opposite.

JAYNE FERRERO – I’m saying they have to spend the money and then they’ll submit the bills to him and then he’ll have to send the paperwork over to us.

COUNCIL PRESIDENT TOWNSEND – Are there any more question for the Auditor?  Thank you.

JAYNE FERRERO – Do you agree with Mr. Marcus?

LARRY MARCUS – Well, we’ll have to work through it with Mr. Weaver, so, I think that’s the way we’ve always done it.

JAYNE FERRERO – That’s the way we’ve always done it.

COUNCIL PRESIDENT TOWNSEND – So we can get an understanding, what is the process?

LARRY MARCUS – The process is that we always have to provide documentation; receipts, invoices.

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilman Manson.

COUNCILMAN MANSON – Could we approve the money, give him the money and then tell him that he has to return receipts and if it doesn’t add up to $500 that he gives it back to us.  If he doesn’t spend the whole $500.  Is it really that difficult?  For $500, this is an economic development grant to try to beautify the downtown.  I don’t see where it’s such a problem here. 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – I have to ask why we’re calling this into question.  We give $5,000 or $10,000 grant levels of this exact nature on a regular basis and never once have we asked if the business owner’s going to give a receipt.  I’m assuming that Mr. Marcus and his department are going to follow the same protocol they do for every other grant that they give out and if it’s acceptable in the past, it should be acceptable today unless we are aware of an issue that needs to be investigated.

COUNCIL PRESIDENT TOWNSEND – Okay.  Is there anyone else?  Councilwoman Starrett.

COUNCILWOMAN STARRETT – I would say I’m in agreement with Mr. Lewis.  I mean the nature of a grant you apply for a grant based upon a specific project and if you don’t use those fund for that project, actions can be taken as those funds need to be paid back, so, I don’t think this is a major issue.  If we find out Mr. Weaver wasn’t using them as intended, they would have to be paid back.  I don’t think that’s a problem; Mr. Weaver has good intentions in mind and does very well in the downtown area and I’d like to see this pass.

COUNCIL PRESIDENT TOWNSEND – Okay.  Is there anyone else?  Thank you, Mr. Marcus.

LARRY MARCUS – Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson, you still have the floor.

COUNCILMAN MANSON – Okay.  I make a motion that we waive the rule requiring three separate readings and bring Ordinance No. 54 – 2015 forward for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 54 has passed.  Ordinance No. 55.

ORDINANCE NO. 55 – 2015                        BY:  POLICE AND FIRE COMMITTEE

AN ORDINANCE authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with Penn Care Medical Products for the purchase of a 2015 MEDIX Ambulance for the Massillon Fire Department, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Thank you, Mr. President.  As we discussed at our last Committee meeting, there’s some urgency to pass this ordinance so that we can get this ambulance ordered prior to July 1st.  After July 1st, some new regulations as far as how the vehicle has to be outfitted will come into play and if you remember correctly, the Fire Chief told us that could change the price anywhere from $7,000 to $42,000, depending on the modifications originally planned.  This ambulance will be bought under the state procurement, state purchasing plan and it will be funded fully out of our medical transport fund.  The Chief is here if anybody has any questions from last week.

COUNCIL PRESIDENT TOWNSEND – Any questions for the Chief?  You have a question Councilman Manson?

COUNCILMAN MANSON – No, I don’t have a question, I have a comment.

COUNCIL PRESIDENT TOWNSEND – Are you done, Councilman Chovan?

COUNCILMAN CHOVAN – Yes.

COUNCIL PRESIDENT TOWNSEND – Okay, you can make your comment, Councilman Manson.

COUNCILMAN MANSON – You say by July 1st it needs to be done?

COUNCILMAN CHOVAN – Yeah, the order has to be placed by then.

COUNCILMAN MANSON – Then it wouldn’t hurt us to give it another reading, then would it or would it?

COUNCILMAN CHOVAN – Are there questions that somebody has that, I mean, we have an open discussion for them right now if somebody’s got something they’re questioning.

COUNCILMAN MANSON – Well, my thinking is it’s sizeable amount of money and I don’t think it would necessarily be a bad thing to discuss for a couple, I don’t want to drag it out and cause us to pay more money for it, but, we’re talking what, $124,000 or $140,000 or whatever.

COUNCILMAN CHOVAN – Alright, I mean, if that’s the way you feel, I’ll give it first reading.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you.  Ordinance No. 55 has received first reading.  Ordinance No. 56.

ORDINANCE NO. 56 – 2015     BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE

AN ORDINANCE AMENDING TITLE ONE, STREETS AND SIDEWALK AREAS, OF PART NINE-STREETS UTILITIES AND PUBLIC SERVICES CODE OF THE CODIFIED ORDINANCES OF THE CITY OF MASSILLON BY THE ADDITION OF CHAPTER 904, ROADSIDE MEMORIAL PROGRAM.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  First reading.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 56 has received first reading.  Ordinance No. 57.

 

 

ORDINANCE NO. 57 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the Economic Development Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This is the piece that mirrors what we already passed with the Community Development Committee.  It is the actual appropriation of the $500.  Are there any questions?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings bringing Ordinance No. 57 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 57 has passed.  Ordinance No. 58.

ORDINANCE NO. 58 – 2015               BY:  FINANCE COMMITTEE

AN ORDINANCE making certain appropriations from the unappropriated balance of the 3112 Diversity Scholarship Fund and the 2105 Stormwater Utility Fund, for the year ending December 31, 2015, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This ordinance has two (2) parts that are of particular interest.  The first part is label Section 1.  It is the funding of the Diversity Scholarship Fund for the year ending December 31, 2015.  $700 to an account entitled Services and Contracts.  $3,500 to an account entitled Diversity Scholarships for a total of $4,200.  This money was donated from a private donor and we are using it so that we can send a candidate for an officer position to schooling to become to receive his qualifications.  In part 2 or in Section 2, there’s a $45,000 appropriation to an account entitled Storm Sewer Repairs.  This is a blanket account so that the Engineer Dept. can repair emergency storm sewers.  Sewers that have cave in and need to be repaired immediately for the safety and welfare of the citizens.  Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, I would like to ask the Mayor if Mr. Lewis said it was from a donor.  Is this a donor or multiple donors?

MAYOR CATAZARO-PERRY – One donor.

COUNCILMAN MANSON – One donor, okay.

COUNCILMAN LEWIS – Any other questions?  Seeing none, I make a motion that we suspend the rules requiring three (3) readings bringing Ordinance No. 57 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilwoman Scassa.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 58 has passed.  Ordinance No. 59.

ORDINANCE NO. 59 – 2015               BY:  PARKS & RECREATION COMMITTEE

AN ORDINANCE proposed for the rate adjustments of The Legends Golf Course beginning immediately.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.  First of all, Diane, can you get copies to everybody, please, for those who don’t have a copy? 

COUNCIL CLERK ROLLAND – Yes ma’am.

COUNCILWOMAN DEL RIO-KELLER – Thank you.  While Diane is getting copies, I’ll give you just a little bit of background on this before we move forward.  The Park and Recreation Board meeting was supposed to happen on Thursday, April 9th, that’s the regularly scheduled meeting.  Mr. Hickey could not be there that night so he asked that the meeting be changed.  It was changed to Thursday, April 16th.  The Mayor wanted to be at the meeting so, she was unable to make the 16th so she requested that the meeting be changed to April 23rd.  The meeting was held on April 23rd which was just last Thursday.  At that meeting these rates were discussed.  Mr. Nist is here, he can give us some more background if we need to.  The Park Board did vote 4 – 0 to make the rate adjustments.  The key in making the adjustments, some of the fees are going down and that is to get our rounds of play up at the golf course.  Also there are numerous specials going on; a Mother’s Day special which unfortunately, is right around the corner, it’s Sunday, as well as a Father’s Day special, a Veteran’s Day special and a Memorial Day special.  So, hence, the reason for bring it forward today, I didn’t have this in time for the Work Session since the meeting was just Thursday.  I will open it up to questions.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – I just wanted to correct Mrs. Del Rio-Keller.  The 23rd was a week ago Thursday.

COUNCILWOMAN DEL RIO-KELLER – Thank you.

 COUNCILWOMAN HALTER – Because last Thursday was the 30th.  So they’ve had over a week to get this to us.  That’s all.

COUNCILWOMAN DEL RIO-KELLER – Thank you.

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Well, you guys know me, I split hairs.  I still don’t have an ordinance in front of me.  I have a legislation request in front of me.  I don’t have an ordinance in front of me stating anything.  There’s no sections; there’s not the Section 1, Section 2, Section 3; that they typically have.  I don’t see how I can possibly vote on something that’s not even in the proper format for the legislative process to take place, first off.  Second off, I don’t know how I could possibly vote on something as a legislator that hasn’t even had twenty-four (24) hours to be made public so that the citizens have their right observed to review it.  So, I voted no to have it on the agenda because it didn’t follow proper protocol; I’ll be voting no to suspend the rules if it gets to that, and I’ll be voting no for passage.  Not because I disagree with this, but because I believe that we need to preserve the legislative process that we are all governed by and if someone somewhere did not take the time to get this in on time, and take the proper steps, that’s not Council’s fault.  That’s who’s ever in charge of this’ fault and they need to take accountability for that and I’m sorry if hurts someone’s feelings, but, even if it was last Thursday, they had all day Friday to contact the Law Director, have a proper ordinance drafted, contact the Park and Rec Committee members and have us give our verbals for tonight and it could have been done; we’ve done it in twenty-four (24) hours.  Someone dropped the ball and it’s not Council’s duty to pick it up.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Councilwoman Del Rio-Keller, you still have the floor.

COUNCILWOMAN DEL RIO-KELLER – Thank you.  Would everyone be in agreement if I gave this first reading tonight then have the Work Session Monday and call for a Special Meeting after the Work Session to pass this?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – It would work for me.

COUNCILMAN LEWIS – I’m fine with that.

COUNCILMAN MANSON – Then we can talk about it at the Committee Session and then vote after the session.  We could bring it up first, discuss it and then say, at 6:30 p.m. have a Special Meeting and move on it.  What do you think?

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilwoman Del Rio-Keller, you still have the floor.

COUNCILWOMAN DEL RIO-KELLER – First reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 59 has received first reading.  Resolution No. 3.

RESOLUTION NO. 3 – 2015               BY:  COMMITTEE AS A WHOLE

A RESOLUTION to accept the Mayor’s 2015 Fiscal Restoration Plan with Council’s recommendations, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Okay.  First I’m going to tell you that everybody got a copy that said on the front at the bottom of the front page “As presented to Mayor Kathy Catazaro-Perry with Council’s Recommendations, April 27, 2015”.  I intend to amend that ordinance, or resolution, I’m sorry.  I intend to amend that and the one you have now on the front it says “As presented to Mayor Kathy Catazaro-Perry with Council’s Recommendations dated May 4, 2015”.  That should be the one that you have in your hand looking at now.  And then we, from that one that was on the 27th, we have some changes that we made to the second to the last page, The Council Proposals.  If you would go to that I will point those changes out.  There’s three (3) parts to this.  The last part on the police officers; that stays the same.  The next to the last part where it says “new” on the elected officials, we added the Treasurer’s name in there; that’s the only difference from what you had that said dated April 27th on it.  And then now I’m going to read the first part where we totally overhauled what was on the April 27th proposal.  “Place on the ballot for the November 2015 election the question of whether to raise the income tax by two-tenths of one percent for a five-year period commencing January 2016.  One half of the increase (0.1%) shall be specifically dedicated for the purpose of funding the City Vehicle Replacement Plan for Streets and Highway Division and provide funding for city streets, repair/repaving program.  One half the increase (0.1%) shall be payable to the General Fund.  Provided the tax increase is passed at the general election, Ord. No. 49-2014 assessing a street lighting fee, and Ord. No. 57-2014 establishing an income tax credit reduction shall be automatically repealed effective December 31, 2015.  Provided the income tax levy passes, effective January 1, 2016, the 100% income tax credit will be restored on the first 1.5% of the income tax levied.  All income tax payers will pay an additional .2%”.  That’s the changes there.  Now, I know we’re going to have some discussion here, but the one point I want to make, this is not passing any of these things, this is just making all of these things part of the Plan that will be presented to the Mayor for consideration to move to the Commission, I believe next week they meet.

MAYOR CATAZARO-PERRY – It’s due May 8th.

COUNCILMAN MANSON – It’s due to you by the 8th, right?

MAYOR CATAZARO-PERRY – They meet May 19th.

COUNCILMAN MANSON – Yes, it’s due to the Mayor by May 8th and then May 19th, the Commission is going to meet for discussion.  Like I said, the point I’m making is this is just the Plan.  I know I’ve listened to what was said by our Law Director and our Auditor.  We are not, that is not taking affect, myself, I’m even on record as opposing it at this point in time, but I do not, myself, I don’t have a problem putting it in the Plan right now and it’s like any other part of the Plan, it still has to be passed as an ordinance later.

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilman Manson, you still have the floor.  Oh, Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  I just wanted to go on the record; I said this last Monday, but I want it on the record.  I will vote for this to go to the Mayor but I am opposed to the income tax and the elected officials pay cut.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I also want to be on record that I’m against the 10% pay cut to elected officials.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilman Lewis.

COUNCILMAN LEWIS – If everybody’s opposed, why is it in there?  I mean, don’t vote for something that you’re not going to pass.  That makes no sense.  Why do we even spend time having it in the Plan if no one’s going to vote for it?  Bottom line is, I know I’m the one who presented this and everybody hates me because I’m going to propose that leaders stand up and take the first cut; nobody came here and complained when firemen got laid off, nobody came here and complained when policemen got laid off.  They went home and had no job and I didn’t hear the outcries of our people coming out here and complaining about that.  Of all a sudden we take a 10% pay cut from the very people that are responsible for this City and everyone wants to cry out about it and I think that’s shameful.  That’s just my opinion.  This is not a permanent cut I ever proposed.  I said it’s one term so that means by 2020, everybody would be restored to their previous levels and can get their pay raises and the pay that they want while we try to recover as a City so that we can fix some potholes and get this City on the right track, I’m just asking that everybody agrees to take a small cut in their pay.  I don’t think it’s too much to ask for.  But if we’re not going to have at least five (5) members of this Council that’s going to vote for it, then don’t leave it in the Plan, take it out. 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Mr. Lewis, you really made me feel bad there, on the position that I take.  There is no guarantee that anybody here, when these come to ordinance that they have to vote for them.  Some of the people that are saying they don’t support them now could change their minds and support them later and there could be some people that are not saying anything about parts of this, when it comes time to vote on it, may vote against it.  So, if you guys want to take it out, we’ll take it out.  It doesn’t matter to me, but I think we ought to just leave it in there and move it forward as it and then start debating the ordinances once it goes through the Mayor; to the Mayor and to the Commission.  Then we’ll start dealing with the ordinances.  It may, some of these ordinances are going to be 5 – 4.  I made this statement a year ago when we were doing it the last time.  There’s nobody can make anybody on this Council vote for or against any of these things.  They have the right to do what they wish and the point you made was made by a person the Commission that I would think you would support something that you voted for.  Well, I don’t agree with every single thing that’s in here.  I guarantee you, there are things that I do not like in here and I will have the right to vote against them when they do finally come up.  But I still don’t have a problem with putting it into the Plan.  So, I’m for leaving it in there, myself.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President.  The only thing I want to say is we move forward with people who disagree or agree with what’s in the Plan.  I think the key word when you sit at a Fiscal Meeting is the word bono fide.  You know, every time we sit there, Sharon Hanrahan will say it and your Commission members will say it; is, you know, can we look at ourselves and say we passed a bono fide Plan?  So, while Paul I agree that, yes, once the ordinances physically come in front of us, is it going to be a 9 – 0 vote?  I don’t know, but I think if we’re voting on the Plan, in my heart, it’s a bono fide Plan and support the items in the Plan and it’s important when a Fiscal Commission member would call me or would see me that I would be able to say that I voted yes to a bono fide Plan that I truly believed we put a lot of effort into.  I just wanted to make that comment because that does come up in the Fiscal meeting.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Councilman Manson, you still have the floor.

COUNCILMAN MANSON – I make a motion that we bring Resolution No. 3 – 2015, the amended Resolution No. 3…

COUNCIL PRESIDENT TOWNSEND – Excuse me, Councilman Manson, you have to make your amendments.

COUNCILMAN MANSON – Oh, I’m sorry, I’m sorry.  Alright, first I want to make a motion that we amend the Resolution that went out earlier with the April 27, 2015 and that we go to Resolution No. 3 – 2015 dated May 4, 2015.  That’s my motion.

COUNCIL PRESIDENT TOWNSEND – And the changes that were noted.  Alright, he’s made his motion.  I need a second.  Seconded by Councilman Chovan.  Roll call to amend Resolution No. 3.

9 yes to amend

COUNCIL PRESIDENT TOWNSEND – Okay, Resolution No. 3 remains at first reading.  Back at you, Councilman Manson.

COUNCILMAN MANSON – I make a motion that waive the rules requiring three (3) separate readings and bring Resolution No. 3 – 2015, dated May 4, 2015, at the bottom of the first page, forward for passage.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Chovan.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Resolution No. 3 has passed.

   7.    UNFINISHED BUSINESS

   8.    PETITIONS & GENERAL COMMUNICATIONS

Renewal of Liquor License for Walgreen Co., DBA Walgreens 15467, 110 Lincoln Way W., Massillon, OH  44647

COUNCIL PRESIDENT TOWNSEND – Has that presentative received a copy of the license?

COUNCILWOMAN HALTER  – Yes.

COUNCIL PRESIDENT TOWNSEND – Okay.

   9.    BILLS, ACCOUNTS & CLAIMS

          A.      The Repository - $374.00 – Publication of March Ordinances

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

COUNCILMAN LEWIS – I make a motion that we pay the bills.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Scassa.  Roll call to pay the bills.

9 yes to pay the bills

 10.    REPORTS FROM CITY OFFICIALS

 11.    REPORTS OF COMMITTEES

 12.    RESOLUTIONS & REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – I’d just like to note that our next Work Session is May 11, 2015, at 6:00 p.m.

 13.    CALL OF CALENDAR

 14.    THIRD READING OF ORDINANCES & RESOLUTION

ORDINANCE NO. 41 – 2015     BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE

AN ORDINANCE 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 Southway/Richville Intersection Improvement Project in the City of Massillon, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  We’ve had a lot of discussion about this intersection.  Is there anything that you want to add this evening?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – I have a number of problems with this ordinance.  My first recommendation would be to table it for further discussion.  If not, I personally will be voting against it.  I know we had, what was his name, Mr. Yeager that was here last week from FreshMark.  And I’ve driven through that intersection multiple times, I’m not saying nothing needs done, but I’ve had a problem since we started with this thing.  This intersection was put on, brought to us probably two (2) months or so ago and we changed that and we wanted the money to apply to 23rd and Main St. going W.  Which we did then changed that ordinance and we did that.  Then a couple of weeks later or so, we came back with the funds that would come out of the license plate fee and I’m not sure what all they will come out of, but, my point is these are funds that can be spent in other places that are more needing than this and that’s what we did when we changed that to cover that 23rd St. area.  We had a mess out there and we didn’t feel that this was as bad as that and I still feel that way.  I went and I got SCATS reports; that’s Stark County Area Transportation Study.  They study all the intersections where there’s accidents that those statistics are fed into this and then they give you a list of the most dangerous intersections that you have.  That intersection is not in the top 10 and I’m not sure if it’s even in the top 15 or 20.  A number of them are 8th St. and North, Lincoln Way W. and 32nd St., 23rd St. and Lincoln Way W., Great Lakes, SR 21 and Cherry Rd., 17th St. and I heard a lot at two (2) different meetings that I attended last week.  One was here and one was at the golf course and I heard conversation about this, I think at both meetings, but if not, I know I heard it at one.  Even some that the Mayor indicated that we, somebody asked if there was TIF money available for this and I think you all got the e-mail that I sent out about the TIF from Mr. Marcus.  There’s no TIF money available now.  The Mayor indicated that when we get this TIF resolved that then maybe we could look at using that money to redo the whole Richville project out there.  From FreshMark all the way to Route 30 and I agree.  I think that is something that we definitely should look at and consider, but I don’t think that doing the intersection now would still looking at the whole project out there, I believe it would be better to table this thing and then look and see where the whole plan for, let’s say the replacement or the rebuild of Richville Dr. along with this intersection there.  Its ranking I think is a .54 for that intersection.  The lowest ranking for the ones that are in our top nine (9) was 1.08, so it’s less than half of what our lowest one was.  Our top one on there is 8th St. and North Ave. and that’s 3.04.  It’s like six (6) times more dangerous, I guess, by the way this thing reports than what that is.  I don’t believe, although it’s not a great intersection, I do not believe it is a safety hazard any more than any other place around.  So, I would like to recommend that we table this indefinitely for further discussion about the TIF and the plan for that area.  If not, like I said, I will be voting no.  I think we have other areas, we have areas where people have been, I’ve been told, they’ve ticketed for driving on the wrong side of the street to avoid bad areas.  We had a situation on 29th St. close to the middle school where we had a one (1) lane street with probably 15 busses going down it and probably 50 parents coming up and it was a one (1) lane situation.  Now we have patched it; it’s a little better, but I believe it’s more dangerous than what we’re talking about right here when you’re talking about a school area with school busses and stuff, so, I won’t be supporting in passing this right now.  I’d prefer that we table it.

COUNCILWOMAN HALTER – Any other discussion?

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  May I say something, please?  As a former representative of the 4th Ward and a current resident, this is the second time that a project is being removed from the 4th Ward.  The first time, everybody stated that we have worse roads that need to be addressed.  It was okay, you guys took it away and went somewhere else and again, you’re looking to go somewhere else.  That road is dangerous and it wasn’t long ago, Councilman Manson, that you have pretty much stated the same thing, it’s pretty dangerous over there.  I travel that road every morning driving to Canton and so do possibly some of these folks in the audience, they travel that same road.  It’s a dangerous road; something needs to done.  It may be low on the list now, but I can guarantee you, possibly by the end of this summer, it’s going to rank quite up there because it’s very dangerous.  I was sitting at the light this morning two trucks were coming, they were driving from Southway, driving into Massillon and they had to veer all the way around, so you had cars on Richville going into reverse so they could let this truck come around.  The cars on this side of Richville had to go into reverse because there’s no room there and even the sides are destroyed.  I just don’t understand why Council is continuing to ignore that area and, like I said, I live in that area, former representative and I just couldn’t sit here and be quiet.  I had to say something about it and it’s something that I think Council needs to really look at and not to continue to just sweep it under the rug.  And I’m done.  Thank you, Councilwoman Halter.  Councilman Stinson.

COUNCILMAN STINSON – Mr. President, I agree with you that money has been take from the 4th Ward to fix other streets and I’m not saying that this project shouldn’t be done either, but, if the money is going to be re-used or reallocated, I still say it still should be used within the 4th Ward.  I mean, we just passed or we looked at legislation about stormwater basins, or whatever for emergency funds.  What’s considered an emergency?  I mean, at the point where it’s hanging by a thread or it’s missing all together?  I mean, money keeps going to these places or these different projects but, they’re not fixing the things that the people are looking at.  So, I mean, if we do take the money away from this project, I still say that the money still should be used in the 4th Ward on some other streets in the 4th Ward.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Okay, first of all, I didn’t say take it away from that.  I said I feel it should be tabled and we should study the whole project from FreshMark to Rt. 30.  Mr. Townsend, President Townsend, if you’re that strongly, you have those opinions like that, I think you probably should come back and run as a Council Ward person and not City Council President saying that.  You said it’s unsafe, I’ve got the stats from the County and it does not rank in the top 10.  And they study it, okay.  It’s not a feeling, it’s not, you know, my gut feeling or, you know, anything like that, it’s statistical fact that it is not that dangerous and if you go up there and sit and watch it, which I have been doing, it’s a very low speed area.  Trucks don’t come around that corner 35 mph, they come around about 5 mph; I watched that.  And people in cars don’t fly around that corner.  We do have some problems with some signs that point to some of that stuff that probably were wiped out with snow plows during the winter that probably should be being replaced; they were there as part of the project originally, but statistically, this isn’t near the top of…and I didn’t say take that money somewhere else.  I said table it, look at it; find out what’s there.  It bothers me because that money that’s taken out of there, you know, if we had a TIF, it could pay for itself right now.  That business could pay for that if we would have gotten that TIF done.  And that TIF was, the current administration was informed of that TIF and that it had to be done yet.  Now they cost us some money in that, you know, right now, maybe we will claw it back, eventually, but we would have that money there right now to do that area.  There are places where private businesses, if there’s something they want to do, they pay for it.  Maybe we should consider talking to them about if they want to help pay for that intersection.  That happens all the time in other areas and other cities and I’m not saying take it and put it somewhere else.  But it bothers me that that is money that is there right now; we have to wait a year or so for a 23rd St. Project.  Why can’t we take this money and do this one today and then put that one a year back?  Study it, see what it needs as far as the intersection and everything else; get with County or whoever they have part of the Richville Dr.; Perry Twp. is part of that and see about what we can do about as far as re-doing the whole project, but, right now, I’m not talking about taking that money away from there and taking it somewhere else, I’m just saying, I think there are more important things.

COUNCILMAN STINSON – And I agree, there are more important things and they are in the 4th Ward.

COUNCILMAN MANSON – They may be; they may be.

COUNCIL PRESIDENT TOWNSEND – Alright, and I agree with all of that, but I will say this, as Council President, if I disagree with something, I will not be quiet.  So, I want to let you guys know that.

COUNCILMAN MANSON – Yeah, you may say what you wish.

COUNCIL PRESIDENT TOWNSEND – It’s not being a Council President, it’s being a resident of the 4th Ward, so.  And that’s it.  Councilwoman Halter.

COUNCILMAN MANSON – Maybe you should come down off the podium and go to the microphone.

COUNCIL PRESIDENT TOWNSEND – Maybe I’ll just do that in two years, Paul.  Councilwoman Halter.

COUNCILWOMAN HALTER – Excuse me, gentlemen.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Excuse me, gentlemen.  We’re going to table.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILMAN MANSON – Make a motion.

COUNCILMAN LEWIS – We have to motion and vote on that.

COUNCILWOMAN HALTER – I make a motion that we table Ordinance No. 41 – 2015.

COUNCIL PRESIDENT TOWNSEND – Until when?

COUNCILWOMAN HALTER – Too many questions.  Until May 18th.

COUNCILMAN MANSON – Give yourself time.

COUNCILWOMAN HALTER – May the 18th.

COUNCIL PRESIDENT TOWNSEND – Okay, let’s move into second readings of ordinances and resolutions.  Ordinance No. 48.

COUNCIL CLERK ROLLAND – Don’t we have to vote on tableing it?

COUNCILMAN STINSON – We have to vote to table it.

COUNCIL PRESIDENT TOWNSEND – Until a certain date?

COUNCILMAN STINSON – Yes.

COUNCIL PRESIDENT TOWNSEND – Okay.  Roll call to table Ordinance No. 41, Paul got me all worked up here; Ordinance No. 41, roll call to table Ordinance No. 41.

8 yes; 1 no to table Ordinance No. 41 – 2015

COUNCIL PRESIDENDT TOWNSEND – Until?

COUNCIL CLERK ROLLAND – Until May 18, 2015.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Ordinance No. 41 has been tabled.

 15.    SECOND READING OF ORDINANCES AND RESOLUTIONS

         

ORDINANCE NO. 48 – 2015     BY:  COMMUNITY DEVELOPMENT COMMITTEE

AN ORDINANCE approving an application for assistance under Title I of the Housing and Community Development Act of 1974, as amended, including the Consolidated Plan and Annual Action Plan; authorizing the execution and filing of the application and related assurances and certifications.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Okay, this is the CDBG we’ve been talking about for a couple of weeks.  Mr. Marcus informed me that our next meeting would be the 18th and that would three (3) days after he has to have this paperwork in, so, I’m going to ask that we move this forward tonight unless there’s any discussion.  I make a motion that we waive the rule requiring three (3) separate readings and bring Ordinance No. 48 – 2015 forward for passage.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Seconded by Councilman Manson.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

          9 yes for passage
         
COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 48 has passed.  Ordinance No. 49.

ORDINANCE NO. 49 – 2015     BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE
         
AN ORDINANCE 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 2015 CDBG Target Neighborhood Resurfacing Program in the City of Massillon, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  Is there any discussion on this ordinance?  If not, then I’m going to make a motion to, I don’t even know what I’m doing now, waive the rules requiring three (3) separate readings and bring Ordinance No. 49 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Manson.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Ordinance No. 49 has passed.  Resolution No. 2.

RESOLUTION NO. 2 – 2015     BY:  COMMUNITY DEVELOPMENT COMMITTEE

A RESOLUTION reversing the decision of the Massillon Zoning Board of Appeals made on March 12, 2015, wherein the Zoning Board of Appeals denied a variance from the Massillon Zoning Code on a front yard setback variance on Kendall Avenue N.E. to construct a new single family dwelling.  The Lot is known as Lot No. 6796 in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madam Clerk.  Resolution No. 2 was deferred to Councilwoman Cunningham-Hedderly at the last Council meeting.  Does that remain?

COUNCILMAN MANSON – Yes.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President.  I would like to make a motion concerning Resolution No. 2 – 2015 to be accepted as their oral appeal made on March 16, 2015, as if made in writing. 

COUNCIL PRESIDENT TOWNSEND – Is there any discussion?

COUNCILMAN LEWIS – That would be your Committee, though.  You deferred to her, but, it’s your Committee.

COUNCILMAN MANSON – Okay, I’ll second.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I’m sorry?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – I second your motion.

COUNCIL PRESIDENT TOWNSEND – Well, what I was trying to whisper to you, I don’t think…was that, the Ordinance entailed the variance, the zoning, not so much as the way they appealed to Council, am I correct?

COUNCILMAN MANSON – That’s just something that the Law Director said we should probably do to make sure…

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Yes.

COUNCIL PRESIDENT TOWNSEND – Just add in there?  Okay, so, I think she should continue on to discuss Resolution No. 2.  Because Resolution No. 2 did not entail only the way the process that they followed to appeal to Council.  It pertains to reversing the decision; only if you want to discuss that further.  I don’t want it to be perceived that this is what Resolution No. 2 is.  So, there’s more; if you wanted to add more, if you don’t, we can just leave it as that.  We have a second and we can just go forward.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Okay.

COUNCIL PRESIDENT TOWNSEND – Just go forward?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Yes.

COUNCIL PRESIDENT TOWNSEND – Just go forward.  We have a second.  Roll call for suspension.

COUNCILMAN LEWIS – Wait, whoa, no.  We’re roll calling to accept her motion that accepts their oral complaint as a written complaint and then we will discuss the resolution and we will have a vote on the resolution afterwards.  That’s what her motion said.

COUNCIL PRESIDENT TOWNSEND – Wait, whoa.

COUNCIL CLERK ROLLAND – But it’s just a resolution.

COUNCILMAN MANSON – We got the Law Director right here.

COUNCIL PRESIDENT TOWNSEND – Perry, would you come up, please.  You can use that microphone or you can come and stand by me.

PERRY STERGIOS – Well, as a resident of Ward 1, and…I think the way we discussed it, in order to avoid setting a precedent, we should vote on her motion to accept their oral appeal as if it was in writing and then move forward just like everybody suggested.  Discuss it…because they never made a written appeal, they came here to the microphone and spoke in favor of it and said we want to appeal it and we gave them the impression that that was good enough.

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilman Lewis.

COUNCILMAN LEWIS – So, if the intent of Council tonight was to accept the oral and then also to vote on it tonight, there would essentially be two (2) votes?

PERRY STERGIOS – Yes.

COUNCIL PRESIDENT TOWNSEND – Okay, I’ll take the Law Director’s word, even though he lives in Ward 1.  Okay, let’s start over.  Say it again, let’s start over.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Okay.  My motion is to for Resolution No. 2 – 2015 to accept their oral appeal made March 16, 2015, as if made in writing.

COUNCIL PRESIDENT TOWNSEND – Okay.  Seconded by Councilman Manson.  Roll call to accept oral appeal.

9 yes to accept oral appeal

COUNCIL PRESIDENT TOWNSEND – Okay, we have accepted the oral appeal.  Okay, so you continue on.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I would like to move forward and vote in favor of passage…

COUNCILWOMAN HALTER – No.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – No?  Oh, alright.  I move to suspend the rules requiring three (3) separate readings and bring Ordinance, no, Resolution No. 2 – 2015 forward for a vote.

COUNCIL PRESIDENT TOWNSEND – Okay.  Seconded by Councilman Manson.  Roll call for suspension.

9 yes for suspension

COUNCIL PRESIDENT TOWNSEND – And for passage.

9 yes for passage

COUNCIL PRESIDENT TOWNSEND – Thank you, Resolution No. 2 has passed and congratulations.

16.     NEW & MISCELLANEOUS BUSINESS

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

ROBERT DEHNKE – 5211 Trent Rd., Canton, Ohio, owner of Lot. 6796 with the Resolution No. 2.  I just wanted to thank Mr. President and the Council for their efforts.  I know it was a little confusing and I do appreciate that.  Thank you very much.

COUNCIL PRESIDENT TOWNSEND – You’re welcome.  Is there anyone else?  Well, this concludes tonight’s meeting.  I want to wish luck, good luck to everyone who has a race tomorrow.  Councilwoman Scassa, I need a motion to adjourn.

 18.    ADJOURNMENT

COUNCILMAN SCASSA – I make a motion to adjourn.

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilwoman Starrett.  This meeting is adjourned.

 

_________________________
DIANE ROLLAND, CLERK OF COUNCIL

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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