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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, May 19, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Park and Rec. Superintendent Kenn Kaminski, from the law director’s office we have Bob Zadell. 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: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune. Donnie Peters and Larry Slagle. Thus giving a roll call vote of 8 present. COUNCIL PRESIDENT GAMBER Mr. Mang, you have a motion? COUNCILMAN MANG Yes, we received a call earlier this evening from Tony’s wife indicating that he was ill. I’d like to move that he be excused from tonight’s meeting, seconded by Councilman Manson. Roll call vote of 7 yes, 1 no to excuse Councilman Townsend. Peters voted no. 2. INVOCATION COUNCILWOMAN CATAZARO-PERRY – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN CATAZARO-PERRY – 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 GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 73 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Amending CHAPTER 1309 “BULDING CODE” of the Codified Ordinances of the City of Massillon, Ohio, by enacting a new Sub-Section 1309.11(i) “Housing Code” of CHAPTER 1309 “BUILDING CODE”, and declaring an emergency. COUNCILMAN SLAGLE This is a piece of legislation that came out of the building department and with the Mayor’s approval and also the auditor’s. We discussed it at the work session I don’t think there’s much controversy involved. It’s basically so that the city when there is a need to can board up a vacant dwelling and/or structure when it has become a public nuisance. Then when they do so it then can be taxed back against the homeowner by putting the expense over to the county auditor so it becomes a lien against the real estate. I didn’t hear a lot of discussion at the work session and frankly I can’t see why there would be a lot of discussion on it. COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 73 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 74 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Repealing CHAPTER 1185 “FLOOD PLAIN AREAS” of the Codified Ordinances of the City of Massillon, Ohio, and enacting a new CHAPTER 1185 “FLOOD PLAIN AREAS” of the Codified Ordinances of the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN SLAGLE First reading on this I understand a little bit of work needs to be on it yet. ORDINANCE NO. 74 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 75 2008 BY: FINANCE COMMITTEE Amending Ordinance No. 143 – 1976 by repealing Section 13 – “ALLOCATION OF FUNDS – INCOME TAX” and enacting a new Section 13 “ALLOCATION OF FUNDS – INCOME TAX” and repealing Ordinance No. 7 – 2007, and declaring an emergency. COUNCILMAN MANSON We discussed this at quite lengthy at the committee meeting last week. It’s something we don’t really enjoy doing we have done it in the past. We are changing the split from 95/5. The ordinance is to propose changing the split from 95/5 to 97/3. 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. 75 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 76 2008 BY: FINANCE COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to accept the FEMA AFG Grant for the fitness/wellness program for the Massillon Fire Department, and declaring an emergency. COUNCILMAN MANSON This is an ordinance accepting the grant for the fire department from FEMA for the amount of $83,567.00. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 76 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 77 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund and the 1419 Marketplace Infrastructure Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, there’s two parts to this ordinance here tonight. The first part will pertain to the grant that we just talked about. We have an ordinance to appropriate from the unappropriated balance of the General Fund to 1100 and the last part will be 2530 for $50,000.00 and 2392 for $33,408.00. Then the second part of this is please appropriate from the unappropriated balance now there was a mistake in this. It said 1202 State Highway Fund and what the engineer wants to do is take this out of the Marketplace Infrastructure account which is a 1419 account. So just any place that you have 1202 scratch that out and put 1419 Marketplace Infrastructure. I don’t know if that got corrected on everybody’s paperwork. COUNCIL PRESIDENT GAMBER Mr. Manson, we had talked earlier about notifying the finance committee have you done that? COUNCILMAN MANSON Yes, I talked to Mr. Hersher and Mrs. Catazaro-Perry. COUNCIL PRESIDENT GAMBER And they’re both alright with the change? (Yes) Alright, would you… COUNCILMAN MANSON We did correct it on the ordinance but on the agenda it still says 1202. That’s where it says 1202 if you’d please scratch that out and put 1419 Marketplace Infrastructure. COUNCIL PRESIDENT GAMBER Alright, the agenda is not important it doesn’t matter. COUNCILMAN MANSON Right, but I just wanted to point it out in case somebody refers back later. COUNCIL PRESIDENT GAMBER If everyone has the correct ordinance though. COUNCILMAN MCCUNE Mary Beth already handled it for us, Paul. COUNCILMAN MANSON Yeap, okay, just wanted to make sure. COUNCIL PRESIDENT GAMBER Other than those corrections and changes are there any other questions or discussion on the ordinance? Mr. Manson? 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. 77 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. CANTON REPOSITORY - $443.72 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilwoman Catazaro-Perry. Roll call of 8 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR APRIL 2008 COPY FILE COUNCIL PRESIDENT GAMBER Thank you, would you please file all of those. I noticed very briefly the income tax is up a little bit for the month and up over 3% for the year which is certainly a good sign. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee reports next Monday is Memorial Day so committees will meet on Tuesday, the 27th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER Are there any requests or recommendations, Mr. Hersher? COUNCILMAN HERSHER I just wanted to let everyone know I spoke to the law director this morning and he intends to set up a conference at approximately 5:30 – 5:45 on the 27th with the attorney from Bricker and Eckler for the CTI litigations. So just to let everybody know that’s going to happening and then we do intend at that point to ask that we move to executive session. COUNCIL PRESIDENT GAMBER Alright, that’s next Tuesday at about 5:30? COUNCILMAN HERSHER Yes, the 27th. COUNCIL PRESIDENT GAMBER Is there anything else? Any other councilmen with a request? 13. CALL OF THE CALENDAR TABLED FROM MAY 5, 2008 RESOLUTION NO. 6 2008 BY: COMMITTEE OF THE WHOLE Urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Bank Protection Act, and declaring an emergency. COUNCIL PRESIDENT GAMBER Councilman McCune? COUNCILMAN MCCUNE Yes, as we’ve had much discussion on this resolution and it was amended at the work session on April 14th. Since that amended version was not amended on the floor I’ll need to make a motion tonight to accept the amended resolution which is Resolution No. 6 – 2008. Once that resolution is accepted I intend to pass it on an emergency measure. COUNCIL PRESIDENT GAMBER Alright, do you have a version of the amended resolution? COUNCILMAN MCCUNE Yes, everyone has had an opportunity to look at it. We formally discussed it at our work session last week. COUNCIL PRESIDENT GAMBER Does everyone have a copy? (I’m not sure) Does anyone want a copy? COUNCILMAN MCCUNE Everyone does have a copy. COUNCIL PRESIDENT GAMBER Everyone does? Alright, as you suggest we do need a motion to amend Resolution No. 6 if the amendment passes we then go back to first reading for the amended version. So you’ve not made a motion yet is there any discussion or comments on this? COUNCILMAN MCCUNE I believe we’ve probably discussed it to death. COUNCIL PRESIDENT GAMBER Alright, Mr. McCune you’re motion? COUNCILMAN MCCUNE made a motion to amend Resolution No. 6 – 2008, seconded by Councilwoman Catazaro-Perry. Roll call vote of 6 yes, 2 no to amend Resolution No. 6 – 2008. Peters and Manson voted no. COUNCIL PRESIDENT GAMBER Alright, the ordinance has been amended we are now back to first reading. Mr. McCune? COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Mang. Roll call vote of 6 yes, 2 no for suspension of the rules. Peters and Manson voted no. COUNCIL PRESIDENT GAMBER Alright, we have suspended the rules and no we haven’t we need 7 votes to suspend the rules and we only have 6 yes votes. So we’ll give first reading to the amended resolution tonight. RESOLUTION NO. 6 – 2008 WAS GIVEN FIRST READING. 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 64 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and, subject to the approval of the Council of the City of Massillon, and enter into contract with the highest bidder, for the sale of approximately 50 acres located at the Legends Golf Course, in the City of Massillon, Stark County, Ohio and owned by said City, which are not needed for any municipal purpose, and declaring an emergency. COUNCILMAN MANG Thank you, Mr. President. The meat of this piece of legislation is to advertise and receive sealed bids. The bids are subject to the approval of this body. My intention is to bring this forth for its question of vote. COUNCILMAN MAIER Yeah, it says to enter into contract it doesn’t say to bring it back to the body. COUNCILMAN MANG It says “received sealed bids and subject to the approval of council of the City of Massillon. COUNCILMAN MAIER Okay, then the next it says to enter into contract, but I would prefer it go the other way, but that’s comment I have. COUNCILMAN MANG I would agree with you. COUNCIL PRESIDENT GAMBER Have we had this discussion it seems to me we did and the law director was okay with the language or am I wrong on that? COUNCILMAN MANG He was okay with the language. COUNCIL PRESIDENT GAMBER We can change it anyway you’d like. COUNCILMAN MAIER That’s alright, I’ll yield to Mr. Slagle had his hand up. COUNCILMAN MANG I think the law director stated that is says “subject to the approval of council of the City of Massillon”. COUNCILWOMAN CATAZARO-PERRY Well, my concern last time was in section 4 I just think the verbiage needs to be the same on both pages. It says “the approval of the council of the City of Massillon” but on this paper it says “the city and/or council reserves the right to reject any and all bids”. I just think we should be consistent on what we’re saying and I think it should be take the “or” out and just put “the city and council”. Because that’s what its saying on the front page; it contradicts itself on the second page. COUNCILMAN MANSON We discussed with the law director and that very point was made to him about the “and/or” and he said in his opinion it made no difference which it said it still had to be brought back to council to approve it or not approve it. He made that ruling at a committee meeting. COUNCIL PRESIDENT GAMBER I think it was also at a council meeting, Mr. Slagle? COUNCILMAN SLAGLE Yeah, I still this is terribly premature. We’ve been advised by the auditor that it appears we’ll get by this year with the Legends as it currently stands. I think that more investigation needs to be done in terms of the entire operations of the Parks and Rec. Department which is commencing. I think that it’s a terrible time to be advertising for bids for real estate. I’m not certain why this particular area was selected I’ve heard the arguments that it does not border on any homes that are on the golf course currently. But in terms of representing the entire City of Massillon I’m not sure that without knowing that there might not be if we have to sell part of the golf course that there might not be a better portion of the golf course actually to sell. That we shouldn’t be selling it because our obligation is to the entire City of Massillon as opposed to the 50 homeowners that as I understand it no promises were made by the City of Massillon that they’d have golf course property. It’s regrettable that it may end up that other property would be sold but as I understand it by virtually every golfer that’s been at the Legends this maybe a sale of 52 acres that will may gain a little bit of money but will also leave us with a far less viable golf course. If we don’t properly investigate this I think this is one of those premature moves. I’d request that Chairman Mang would do it just to table this until we get some better read on what’s actually occurring and why this particular land was chosen whether there’s better land to be sold if it has be sold at the Legends. COUNCIL PRESIDENT GAMBER Are you finished? (Yep) Alright, we’ll go back around Mr. Hersher, you had your hand up? COUNCILMAN HERSHER I know this particular parcel or this particular area of property has been discussed for months. I don’t believe that there’s been a rush in selecting this property I do agree Councilman Slagle if we were voting tonight to sell the golf course but we’re not we’ve the committee is working on other solutions. We’ve been talking about other solutions at the work sessions this is just another option for us. It’s simply to put it out for bid if it does not make sense to sell it has to come back through us and if it does not make sense then we frankly we will not sell it. This is just to give us that option while we look at other avenues available to us. COUNCILWOMAN CATAZARO-PERRY Well, I just want to add that I’m going to be voting no because that’s not been changed. I’d like to vote yes on this but until that “or” is taken out I don’t trust that that’s going to come back to council and that the city can its own decision. So I’m voting no just because we can’t fix that take that “or” out. COUNCIL PRESIDENT GAMBER Just as a comment. The city can not there is no way that it can purchase property that’s a council function. Mr. Slagle? COUNCILWOMAN CATAZARO-PERRY Well, then I don’t know why it can’t be changed then. COUNCILMAN SLAGLE Well I don’t even understand I mean it costs us you ought to know better than I but it must cost us several thousand dollars every time we advertise this property number one. And number two, every time we sit there and put this in the paper then that’s interpreted as the Legends a negative towards the Legends and once again it effects the play. I mean we should be encouraging play there not discouraging it to see what we actually might drag out of the woodwork on bids. I mean it just seems like a bad expenditure of $2,000 - $5,000 whatever it costs to advertise it. COUNCILMAN MANSON I disagree with that strongly this is just one element I believe we have a lot of different ways that we can go. I think that’s what the committee that is working on this right now should be working on. But this is one part that does take a lot of time to move through and I really do not see where it hurts to go out and test the waters again. COUNCIL PRESIDENT GAMBER Mr. Mang? COUNCILMAN MANG I do believe we have a motion on the floor to table. COUNCIL PRESIDENT GAMBER We do have a motion? COUNCILMAN MANG I thought Mr. Slagle made a motion to table it. COUNCILMAN PETERS No he asked you to make a motion. COUNCIL PRESIDENT GAMBER I thought that was more of a suggestion for the chair. COUNCILMAN SLAGLE Alright, I asked if I could be permitted if you have no objections I move to table this. COUNCIL PRESIDENT GAMBER Alright, I’m going to recognize the chairman I’m sorry I did not recognize that as a motion. Was that a motion, Mr. Slagle? COUNCILMAN SLAGLE It is. COUNCIL PRESIDENT GAMBER Alright, would you like to defer to the chairman for any final comments? COUNCILMAN SLAGLE I would. COUNCIL PRESIDENT GAMBER Alright, Mr. Mang? COUNCILMAN MANG As I stated earlier my intentions were to bring this before the body and I’ve done that. We have an indication by a fellow council person to table it and I respect that also. COUNCIL PRESIDENT GAMBER Alright, so which one of you wants to make the motion here? COUNCILMAN MANG Well, he’s make the motion. COUNCIL PRESIDENT GAMBER Alright, Mr. Slagle would you make your motion again please? COUNCILMAN SLAGLE I move that we table this particular ordinance indefinitely until we have more information on the validity of the sale of this particular acreage and need for selling any acreage at the Legends. COUNCIL PRESIDENT GAMBER Alright, do we have a second? COUNCILMAN SLAGLE moved to table Ordinance No. 64 – 2008 indefinitely, seconded by Councilman Maier. COUNCIL PRESIDENT GAMBER Alright, can I make my usual little caveat here that tabling indefinitely means that its going to take a vote to bring it back onto our agenda. If you table until a specific date like the first meeting in August or whatever then it will come back automatically. COUNCILMAN SLAGLE I would agree to the first meeting in August. COUNCIL PRESIDENT GAMBER So your motion is amended to the first meeting in August? COUNCILMAN SLAGLE As I understand it the advisory committee is working on this now and I think in the interim time that we should have more information. So yes, I don’t have a problem with that. COUNCIL PRESIDENT GAMBER Mr. Maier, is that alright with you? COUNCILMAN MAIER That’s alright with me. COUNCIL PRESIDENT GAMBER Alright, the motion is to table the ordinance until the first meeting in August. It’s been moved and seconded we need a roll call vote please? Roll call vote of 4 yes, 5 no to table until August 4th. President Gamber voted no to break the tie. Gamber, Hersher, Manson, McCune and Peters voted no. COUNCIL PRESIDENT GAMBER Alright, it is not tabled. Mr. Mang? COUNCILMAN MANG moved to bring Ordinance No. 64 – 2008 forward for passage, seconded by Councilman Hersher. COUNCILMAN MCCUNE Some six weeks ago I was absent during the first reading of this ordinance and there were some issues made in my absence. I would just like to provide an explanation to the citizens of Massillon as to why I was absent that night. COUNCIL PRESIDENT GAMBER Okay, if I could ask you wait until the end of the meeting when you can bring that up under general discussion. Alright, there is a motion on the floor to bring Ordinance No. 64 – 2008 forward for a vote. Roll call please? ORDINANCE NO. 64 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 5 YES, 4 NO. GAMBER, HERSHER, MANSON, MCCUNE AND PETERS VOTED YES. COUNCILMAN MANG That’s a five to four vote. It takes two-thirds? COUNCIL PRESIDENT GAMBER No it takes a simply majority. COUNCILMAN MANG No, it takes two-thirds. COUNCIL PRESIDENT GAMBER This is third reading, Mr. Mang, its simply majority. COUNCILMAN MANG I’m sorry you’re correct. You’re correct. COUNCIL PRESIDENT GAMBER 5, 4 was the vote. First time in three years I got to vote. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 70 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY 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 Keuper Blvd NE Storm Sewer Improvement Project, and declaring an emergency. COUNCILMAN PETERS Second reading. ORDINANCE NO. 70 – 2008 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCIL PRESIDENT GAMBER Mr. McCune, is there any new or miscellaneous business? COUNCILMAN MCCUNE I just have a statement that I would like to make to the people of Massillon regarding my absence on this issue some six weeks ago. I believe the ladies and gentlemen of Massillon are entitled to that this explanation being that such at the time of my absence one of the members of council took great exception to my not being here. I want the people of Massillon to know that I take very seriously the work that I’ve been elected to do and that I perform that work with great pride. I was absence six weeks ago because my father had gone into cardiac arrest. He was in critical condition in the intensive care unit of Doctor’s Hospital. I’m happy to say that although my father continues to struggle that he did survive that cardiac arrest episode and for that we are very thankful. But it is my belief that then as it is now that my place at that was at the side of a love one in need. I can not apologize for my absence for I believe I was shown by my vote by the vote of the seven members of this body that everyone other than Mr. Peters who was the lone member to vote against excusing my absence that they too would have been absence at that time and at the side of their loved one. So even though I can not apologize for my absence six weeks ago I do want the residents of Massillon to know that I will not be absence from our council meetings for matters such as basketball games or award ceremonies or I’d be there tonight as my daughter is being recognized at tonight’s band banquet for her many accomplishments in the Massillon Washington High School band. But that if a member of my family should ever again have such an unfortunate episode as my father’s cardiac arrest occurred that I will once again be absent due to being where I think I should be and where I believe the majority of the residents of Massillon would be. That would be at the side of a loved one during a critical time. I want to thank all the members of this council who have been so supportive who have expressed their concern and most importantly for their prayers on my father’s behalf all of them greatly appreciated. Thank you. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILWOMAN CATAZARO-PERRY – I move that we adjourn, seconded by all.
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