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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, August 4, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Auditor Jayne Ferrero and Law Director Perry Stergios. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: 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. COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON – Yes, I’d like to make a motion that we excuse Mr. Mang from tonight’s meeting. Seconded by Councilwoman Catazaro-Perry. Roll call vote of 7 yes, 1 no to excuse Councilman Mang. Peters voted no. 2. INVOCATION COUNCILMAN MCCUNE – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MCCUNE – Chairman of the Public Utilities 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. 104 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 the Board of Stark County Commissioners, upon approval of the Board of Control, for the purchase of salt for ice control on the city streets, and declaring an emergency. COUNCILMAN PETERS First reading. ORDINANCE NO. 104 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 105 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1201 Street Construction Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, this is an appropriation to repair a sink hole on 1st Street NE near Cherry Road. If anybody has any questions I’ll try to answer them if not I will be requesting to waive the rules and bring this forward tonight. 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. 105 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 106 2008 BY: FINANCE COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to submit an application for Ohio Public Works Commission Funding for the 2009 funding year, and declaring an emergency. COUNCILMAN MANSON Yes, this is an ordinance authorizing the Mayor to and directing the Mayor to submit an application to the Ohio Public Works Commission for funding for three separate projects listed here. 1. 32nd Street bridge replacement, 2. Bar screen replacement at the WWTP and 3. NEOCOM sanitary trunk sewer extension. Same thing as I said earlier if there’s any questions I’ll attempt to answer them. We have the Mayor here and I will be requesting to waive the rules. COUNCILWOMAN CATAZARO-PERRY I do have some questions about the cost of each of these as well as is this sewer sanitary sewer trunk extension the one that we previously talked about? COUNCILMAN MANSON I would ask the Mayor to please come up to the podium, please? Or you would request the Mayor to please come up? MAYOR CICCHINELLI – The NEOCOM sanitary sewer extension is an addition to the South Massillon Trunk Extension which has already been constructed and completed. This is a project that will continue to that sanitary sewer to further east to another site that an industry is considering acquiring 30 acres to build a facility on. COUNCILWOMAN CATAZARO-PERRY Do we have potential cost for each of these? MAYOR CICCHINELLI – I don’t have those figures in front of me. Was it discussed at the wasn’t Keith here at the last meeting? Did he not give estimates? COUNCILMAN MANSON Yes, Yeah, he explained that we are applying for funding is what we are doing; requesting funding from the state. MAYOR CICCHINELLI – I understand that but didn’t he give estimated costs for these things. COUNCILMAN MANSON No he did not. MAYOR CICCHINELLI – Okay. I mean what… COUNCILWOMAN CATAZARO-PERRY Are we looking at putting in any funds at all? MAYOR CICCHINELLI – Yeah, what is customary on these projects Mrs. Perry is the city goes to the Ohio Public Works Commission list the projects they’d like some state assistance on and discuss where the dollars come from. And it’s normally an 80/20 split some times 90/10 depending on the points system and depending on what how the project is listed compared to the other projects from that district. So they take all of them and rank them and depending on what you come in at what position you rank then that depends on the amount of funding and the funding in general. I’m not sure that even these estimates are available but I think if you want some type of estimates I can get those to you. COUNCILWOMAN CATAZARO-PERRY Well and we’re just applying for just applying for funding with this ordinance so it’s not like we need it today. MAYOR CICCHINELLI – And it is at least 80% will come from the state if we get funded. But that one all of them are pretty important specifically see with an industry that’s looking at that 30 acres. COUNCILWOMAN CATAZARO-PERRY But this is the same sewer extension Paul that we had declined before or not? COUNCILMAN MANSON Had what? COUNCILWOMAN CATAZARO-PERRY Declined as a council. This is not the same? MAYOR CICCHINELLI – No, we completed an extension to where this ends and then this new project will take it where it ends to the street close to Millennium Drive SW. So that other project has already been complete and is up and running. COUNCILMAN MANSON Yeah, I’m not sure what we declined what you’re talking about. COUNCILWOMAN CATAZARO-PERRY The sanitary sewer that we declined in the past. It was quite a bit of money and most of council voted it down. But this is different and we’re just applying for funding I’m okay with that. MAYOR CICCHINELLI – I don’t know what project but that’s fine. COUNCIL PRESIDENT GAMBER Are there any other questions for the Mayor? LAW DIRECTOR STERGIOS – The pump station. COUNCILMAN MANSON Yeah, we talked about storm water pump stations. COUNCILWOMAN CATAZARO-PERRY Thank you, Mr. Stergios. That’s correct. MAYOR CICCHINELLI – Oh, no, no, no, no, no this is totally this is in one of our industrial parks. COUNCILWOMAN CATAZARO-PERRY Great, I just wanted to clarify. Thank you. 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. 106 – 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. REPOSITORY - $1,158.54 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call vote 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JULY 2008. COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we need approval for the auditor’s report. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman Herhser. Roll call vote of 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee Meetings will be next Monday, August 11th starting at 5:30pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER Are there any resolutions or reports or requests from any council members or committees? Mr. Maier? COUNCILMAN MAIER Yes, I’d like to bring your attention to a memo put out by the law director August 1, 2008. In reference to curfew and loitering and I think everyone got a copy of that. Okay, it’s my intention not to re-visit this the law director stated that the what we have on there is accurate at this time. So I’m not going to bring it up at the work session unless there’s other reason to. COUNCIL PRESIDENT GAMBER Mr. Townsend and Mr. McCune, you were the two that generally were looking for this. Do you have any comment? COUNCILMAN TOWNSEND Well, I guess that kind of goes back to the concern I had at the last work session when someone presents potential legislation and they hand it over to the head of the committee and nothing happens. Then I guess like I stated Councilman McCune felt passionate about that, I felt passionate about the registration fee. So when you pass it on and if it just pretty much get shoved or not act on then what? I just… COUNCIL PRESIDENT GAMBER I think we basically covered that last Monday in the work session as far as what the chairman’s responsibilities are and then also the time table as far as following up on that. So I think what the chairman is saying in this case is that he’s accepting the law director’s word for this. If either of you would want to pursue it at all that’s up to you to do so. COUNCILMAN TOWNSEND Well, if the law director feels that it’s sufficient I’m not going to argue against that. COUNCILMAN MCCUNE I concur. COUNCIL PRESIDENT GAMBER Alright, thank you. Is there anything else from any of the committees? Mr. Manson? COUNCILMAN MANSON Yes, I’m sure everybody got the letter from the Stark County Commissioners in regards to the September 3rd date on jailing of prisoners. The law director will be at Monday’s work session and we will have some discussion on this. Mr. Gamber asked Mr. Maier and myself to look into this and we have had some discussion. We’ll lay it all out on Monday. COUNCIL PRESIDENT GAMBER Anything else? Mr. Law Director? LAW DIRECTOR STERGIOS – Just to clarify one thing the building ordinance or the vacant building ordinance I am meeting with Mike Saracina and maybe the Mayor to go over the two conflicting versions not conflicting but the two competing versions we have to try put something together to bring forward. So that ought… COUNCIL PRESIDENT GAMBER You’re talking about the item that Mr. Townsend had submitted? LAW DIRECTOR STERGIOS – Right, so that didn’t die the loitering ordinance I believe that the police chief said he didn’t anything changed in it. I think what’s in ours covers what everybody has brought up. So I don’t I’m not one to re-invent the wheel I can certainly discuss it. But I guess I haven’t heard anything specific as to what somebody wants changed when we already have a loitering and a curfew ordinance in place. So we can I mean its up to you guys but that’s all I was saying is we have them I don’t know if we use them or not. They’re both there. So but the building ordinance is still being worked on. COUNCIL PRESIDENT GAMBER Alright, are any questions for the law director while he’s up? Thank you, Mr. Stergios. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 93 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from B-1 Local Business to RM-1 Multiple Family Residential. COUNCILMAN MCCUNE Yes, this ordinance is dealing with a tract of land that will be the purpose of the rezoning is to construct an assisted living residence for seniors. We had a public hearing prior to tonight’s council’s session in which any and all questions were asked. I think this is an excellent idea and a great project for the city as this is the third reading it will be coming forward for a vote tonight. COUNCILMAN MCCUNE moved to bring Ordinance No. 93 – 2008 forward for passage, seconded by Councilman Hersher. Roll call vote of 8 yes for passage. .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA COUNCIL PRESIDENT GAMBER Mr. Morgan? (No, sir) 18. ADJOURNMENT COUNCILMAN MCCUNE – I move that we adjourn, seconded by all.
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