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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, June 2, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Auditor Jayne Ferrero, Law Director Perry Stergios and Engineer Keith Dylewski. 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, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN MAIER I make a motion to excuse Councilman Mang, seconded by Councilwoman Catazaro-Perry. Roll call vote of 8 yes to excuse Councilman Mang. 2. INVOCATION COUNCILMAN HERSHER On behalf of all of council its my great pleasure to introduce this evening for our invocation Father Thomas Cebula of St. Barbara’s on Lincoln Way West in Massillon. This weekend Father Cebula celebrated the 40th jubilee of his ordination in the priesthood. We’re glad to be part of such an important weekend for father and such a special time for his parish and all of our community. So congratulations and thank you very much, father. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND – Chairman of the Environmental Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing? (Yes, they are) Are there any additions or corrections to the minutes? If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 78 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Midwest Innovations, LCC to provide an economic development “incentive grant” to assist the company in expanding its operations in Massillon, and declaring an emergency. COUNCILMAN MCCUNE Yes, we discussed this at last week’s work session. It’s a grant for the Midwest Services that’s going to be that has a day hab center in the old roadrunner building and the grant is to help them put handicap bathrooms in there. So unless there’s any further questions I plan to pass this an as emergency measure tonight. COUNCILMAN MCCUNE 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. 78 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 79 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.08 of the Massillon Code of 1985 rezoning a certain tract of land from I-1 Light Industrial to B-3 General Business. COUNCILMAN MCCUNE Yes, we have a public hearing scheduled for this on July 7th at 7:00pm. So I’d like to just give this first reading. ORDINANCE NO. 79 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 80 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.08 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township to I-2 General Industrial District. COUNCILMAN MCCUNE Yes, we have a public hearing scheduled for this on July 7th at 7:25pm. So I’d like to just give this first reading. ORDINANCE NO. 80 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 81 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Range Resources Appalachia, LLC for a 9.47 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE Due to some concerns that have been raised over these drillings within the cities and municipalities I’ve contacted Senator Schuring to see if we might look into having some revisions made to give us some authority on this type of drilling. So I’m going to be giving this first reading tonight. ORDINANCE NO. 81 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 82 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Range Resources Appalachia, LLC for a 5.40 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE As 81 and 82 are much the same I will also be giving it first reading. ORDINANCE NO. 82 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 83 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing and directing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign a proposal with URS for professional engineering services for the design of certain intersections in the City of Massillon, and declaring an emergency. COUNCILMAN PETERS First reading. ORDINANCE NO. 83 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 84 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with Dalene M. Pride to perform the Motor Vehicle License Audits for the City of Massillon, and declaring an emergency. COUNCILMAN PETERS We discussed this at this Monday’s work session. It costs us nothing because this person gets paid for what they find and you know it’s strictly on what they find. COUNCILMAN PETERS 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. 84 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 85 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Vacating a portion of Nova Drive SE, and declaring an emergency. COUNCILMAN PETERS Yes, we also discussed this at Monday’s work session. We’re vacating a portion of Nova Drive SE and from what I’m told this has to do with you know the relocating of Shearer’s and so forth in that development. So we don’t want to hold that up by any means so we’re going to move forward tonight. COUNCILMAN PETERS 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. 85 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 86 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Vacating a portion of Vista Drive SE, and declaring an emergency. COUNCILMAN PETERS Yes, Ordinance No. 86 is the same as Ordinance No. 85 only the names are different for the same reasons. I’m going to move for its passage also tonight. COUNCILMAN PETERS 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. 86 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 87 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Wastewater Treatment Capital Improvement Fund, TIF Service Payment Fund, 1201 Street M & R Fund, Park & Rec. Capital Improvement Fund and the Economic Development Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we’ll go through this there’s six parts to Ordinance No. 87 and we’ll discuss them as we go. If there’s any questions please let me know or I will just keep on moving through. Section 1, hereby appropriate from the unappropriated balance of the Wastewater Treatment Capital Improvement Fund to the following, we have $35,000.00 going to from the capital improvement fund to a fund that is 1406.610.2392 $35,000.00 for attorney fees for Bricker and Eckler and these are for matters pertaining to the tertiary filters. Then there was another $35,000.00 from the capital improvement fund being transferred into that same account that I just mentioned for Bricker and Eckler for legal matters pertaining to Kokosing Construction issues. That’s number one. Anybody have any questions just raise your hand. Number 2, appropriate from the unappropriate balance of the TIF Service Payment Fund for the year ending December 31, 2008. A $124,427.00 and this is to be appropriated for these funds are needed to pay the TIF developer at Meadows Plaza and the fees connected with the collections. So there’s a $124,427.00 going back to pay for infrastructure to the developer on that job. Then there’s a $118.00 that county collections fees that we have to pay the county for collecting the taxes. Any questions? Number 3, there be and hereby appointed from the unappropriated balance of the 1201 Street Maintenance and Repair Fund for the year ending December 31, 2008 $50,000.00 to street department and supplies. We had extensive discussions on that and they’ve gone through a lot of money in that particular account this year we spent as high as $170,000.00 I believe in the winter for salt. That all comes out of the same fund. Section 4, appropriate from the unappropriate balance of the Parks and Rec. Capital Improvement Fund for the year ending December 31, 2008 $10,000.00 to accounts entitled refunds. This is money that was paid in income taxes and we have to pay the refunds just like the city does on its share of it. This is the parks and rec. share of the city income tax. Number 5, appropriate from the unappropriated balance of the capital improvement fund $4,477.00 entitled county collection fees. This is money that we need to pay to the county for the estate tax money which we received. So we have to pay them for the collection and the auditing of it I guess. Section 6, appropriate from the unappropriated balance of the Economic Development Fund for the year 2008 $1,500.00 to an account entitled services and contracts. This is $1,500.00 that we are giving to I guess we call this a relocation grant. Is there anything you would like to call it as soon as I find relocation grant for $1,500.00 that we are going to give to Midwest Health Services. If there’s any questions I will attempt to answer them here; we have the auditor and mayor if not I will be voting for passage on this tonight. 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. 87 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 88 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract upon award and approval of the Board of Control, with the lowest and best bidder for the purchase of fuel for city vehicles at an off-site location, and declaring an emergency. COUNCILMAN MANSON This is what we do annually. We will be going out for bids for fuel for the city I think it was Speedway that was our supplier this year. Like I said we do this every year. So if there’s no questions I will be moving for passage. 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. 88 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 10 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Safety Service Director to apply for a supplementary loan from the Ohio Water Development Authority through the Ohio EPA, and declaring an emergency. COUNCILMAN HERSHER We talked about this on Tuesday. This is a resolution to give the authority to apply for a supplemental loan for costs for the expansion of the upgrading of the Wastewater Treatment Plant. If there’s any questions the law director is here we can get them answered for you. Otherwise I do intent on asking for passage and suspension this evening. COUNCILMAN MANSON Yes, this one I was not terribly happy with this thing the way it’s gone and everything I just want to make that clear. We have two companies involved here we have CTI and we have Kokosing. CTI contends that these overruns maybe were not their fault. Kokosing says that maybe CTI didn’t do as good a job as they could. I also know sometimes when projects are bid and they operate sometimes somebody misses the bid and we see a whole lot of change orders especially early in a project. That’s a little bit of my problem with what went on here. I guess what I’m asking this is all over money I guess I would like to ask the law director to come up. I’d like to ask him a question or two if I could please. Okay, this is to me nothing but a disagreement over the final cost on the construction of the plant and what is coming in here is disagreements over change orders that were submitted and some things like that. Kokosing contends that they’re owed $5,000,000.00 more for this project. Is that fact (accurate) like I said my real concern is and I don’t like over runs and anything like that some people said that you know $525,000.00 on a $30 or $32,000,000.00 is not a huge amount to be over and it does limit us on what we can be liable for here. But my question is our plant even though there were over runs is our plant right? Is there any place that you know is there anybody saying that it is not right? LAW DIRECTOR STERGIOS – I don’t know if I’m right person to answer that question but I’m sure you could find people who says its not right after all the construction it’s a very wide open question that I’m not willing to stick my neck out over. COUNCILMAN MANSON Is Kokosing saying that anywhere that in the dealings that we’ve had? LAW DIRECTOR STERGIOS – I and we talked about on the phone I don’t think its up to Kokosing to say that our plant is right I think its up to either Greg McCue or Joe Ulrich to say that Kokosing has done what they were contracted with to do. I mean I think it’s the revert if I sold you a car I’m going to tell you well this car is perfect do you think Kokosing they already have I guess said by implication they haven’t done anything wrong. So I guess I don’t know how else to answer it. I mean and as for today’s purposes this really has nothing to do with settling the ultimate settlement of any claims this is to authorize the director to make the loan application. There will be a second piece of legislation for sure regarding the claims and paying Kokosing and the lawsuit and potentially maybe a third piece in conjunction with that to accept the loan if and when OWDA tells us that we can if we qualify or if we get the money. So. I’m not trying to be smart… COUNCILMAN MANSON If we apply and it is accepted though that is supposed to resolve our part of this lawsuit? LAW DIRECTOR STERGIOS – Oh yes, absolutely, absolutely. COUNCILMAN MANSON Okay and it is about the cost (no question) they’re saying that they had to do $5,000,000.00 extra of work that they feel that CTI should pay or we should pay or somebody should pay. LAW DIRECTOR STERGIOS – It’s everybody’s fault but theirs, yes, cost over runs, change orders and differing site conditions are the majority if not all of what they’re claiming this is due to. COUNCILMAN MANSON Okay, that’s all I wanted to say. LAW DIRECTOR STERGIOS – Okay. COUNCIL PRESIDENT GAMBER Is there anyone else with a question for the law director? Thank you, Mr. Stergios. (You’re welcome) COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 10 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 11 2008 BY: COMMITTEE OF THE WHOLE Commending Kim Eisenbrei for years of dedication and service as an employee for the City of Massillon, Ohio. COUNCIL PRESIDENT GAMBER In Mr. Mang’s absence I’ll ask Mr. Manson to handle this since its does involve financial department loosely. COUNCILMAN MANSON Yes, would like me to read the whole resolution? COUNCIL PRESIDENT GAMBER You can do that or you can invite the auditor forward. COUNCILMAN MANSON No, I will do that too unless the auditor would like to…okay, I just want to read the resolution. This is from the committee of the whole. AUDITOR FERRERO – I want to sincerely thank council for doing this I think it is rare that we get an employee in today’s world that’s so dedicated to what they do for a living. I will tell you that Kim’s cancer has returned she is going in for some surgery on July 7th and she is going to be going on disability then as soon as that’s approved. So this is a wonderful thing she’s very deserving I do want to thank council clerk for putting this together she also made it possible for us to put it in a frame a very nice parchment frame so for that we’re very appreciative. Then my office will be taking it out and present it to her. So on behalf of all of us in the auditor’s office we certainly appreciate it. Thank you. COUNCIL PRESIDENT GAMBER Mr. Manson, you’re motion please? COUNCILMAN MANSON Just I personally want to add to that Kim has been a tremendous help to me since the first day I’ve come on the job as a council person. She has helped me a lot. 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. RESOLUTION NO. 11 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER A well deserved Resolution No.11 is passed. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR MAY 2008. COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we need a motion for the auditor’s report. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman Hersher. Roll call vote of 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committees next Monday, June the 9th we’ll meet at 5:30pm. I don’t know if anyone has anyone special they plan to bring in. If they do please contact Mr. Mang. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD 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 We had plenty of time to discuss this and have any questions answered. Monday night I gave everybody the opportunity to ask any questions. Basically the Ohio Publics Works Commission has the city has been awarded a grant from them totally $335,000.00 and based on the local based on the cost estimate the local share will be $67,000.00 which there is an in kind contribution of $29,000.00. If there aren’t any questions which I can’t imagine there being after three readings I’m going to put this forward for a vote tonight. COUNCILMAN PETERS moved to bring Ordinance No. 70 – 2008 forward for passage, seconded by Councilwoman Catazaro-Perry. ORDINANCE NO. 70 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 15. SECOND READING ORDINANCES AND RESOLUTIONS 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 Second reading. ORDINANCE NO. 74 – 2008 WAS GIVEN SECOND READING. 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. COUNCILMAN MCCUNE I’ll give this second reading. RESOLUTION NO. 6 – 2008 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILMAN MANSON – Yes, I have a couple of things I’d like to bring up I’ll try to keep them short. The first is I want to make everybody aware that we got the final $200,000.00 in grant money back from the Cottrill property purchase. So we picked up over 70 acres on the west side of Massillon that didn’t cost us a dime. I know a number of us were here on council when the decision was made to purchase that property and you know there had to a little leap of faith there that we were going to be able to get these grants and they went back in. The reason I bring it up is $165,000.00 of that money will be going back into parks and rec., $35,000.00 of that money will be going back into the general fund capital improvement. So there should be some help there for us in both the city and recreation department. So I think that as this is an important thing we got a nice piece of land that didn’t cost us anything and we have gotten all the money back now. So I wanted to make everybody aware of that. Then the second thing is I just want to ask my council people that I don’t believe I’ve missed a council meeting in quite some time, I don’t think I’ve missed too many committee meetings but I don’t believe we have debated since we passed it the front yard parking ban. Now have we done that here at this table any time along? Okay, you know I was sure didn’t well I’m really upset about the front page of the independent last Thursday. Not with the article that’s there I want to make it perfectly clear that the reporter that wrote that article the way I’m quoted in there is a 100% accurate. Nothing wrong with that at all and I don’t know what Mr. Townsend has to say or what Mr. Peters has to say. But I was it was 100% accurate. I think that the front page headline and it was the top one on the front page that day is terribly misleading. To me its almost like planning a story I don’t mind them looking into it and seeing how it works or asking how it works, ask me my opinion or whatever but to imply that we’ve been debating that I’ve got a really nasty phone call I had to deal with a few different people that what are you doing out there wasting your time talking about the front yard parking again. We didn’t’ say that the headline does say “again debating” and we didn’t debate anything here as far as that goes. COUNCIL PRESIDENT GAMBER Finished Mr. Manson? COUNCILMAN MANSON – Yes, I’m finished. COUNCIL PRESIDENT GAMBER Mr. Maier? COUNCILMAN MAIER – Yes, wanted to make a comment about the park I’d like to thank the mayor he went out on a limb for that and sold that to council on faith on that thing and did a nice job on that. On the thing on the parking ban I kind of chuckled when I read it we don’t debate things once we’ve passed we really don’t debate things once we pass them. I think that what we’ve done here has really shown that it has not become a major problem for the police to be running those calls all the time and all the things that were debated originally. It hasn’t been re-debated and I’m satisfied with the way it sits right now. COUNCIL PRESIDENT GAMBER Is there anyone else, Mr. Townsend? COUNCILMAN TOWNSEND – Yeah, I had sent the email to a couple individuals at the Independent. The picture on the front page of the Independent belongs to a lady that lives in the 4th ward she’s about in her mid 70’s and she is handicapped. If I could remember correctly the ordinance exempted handicapped individuals. So if someone actually looks at that paper they would actually think that someone is illegally parking in their front yard when actually this lady is exempt from that ordinance. So that’s all I have to say. COUNCILMAN MCCUNE – I would also like to give my kudos to the mayor for taking us on a leap of faith to get that Cottrill property. It’s going to be sitting in my ward I think that nature preserve will be very useful for future generations as the 6th ward continues to expand with housing. I think its just one of the best things that we as a council have ever done. COUNCIL PRESIDENT GAMBER Do we have anything else? .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN HERSHER – I move that we adjourn, seconded by all.
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