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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 Tuesday, September 2, 2008. We have in attendance with us this evening: Safety Service Director Mike Loudiana, 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, Ron Mang, Paul Manson, Dave McCune. Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN SLAGLE – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN SLAGLE – Chairman of the Health, Welfare and Building Regulations 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. 112 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Downtown Tan Spa to provide an economic development “incentive grant” to assist the company in relocating its operations in Massillon, and declaring an emergency. COUNCILMAN MANG As many of you know a year or a year and a half ago the Mayor stated to council that he wanted to institute a program that would help people who wanted to get into business in a small way and people who were interested in enlarging their facilities. That they would look at that the downtown area. Tonight we have an individual by the name of Jim Gibson who has approached the Mayor about receiving some type of economic development incentive grant. Mr. Gibson is planning on opening up in the downtown area matter-of-fact at 46 Federal Downtown Tan Spa. He’s looking to supplement some of his overhead that he’s going to need he estimates are going to cost approximately $11,000.00 to renovate that building to house this facility. He also indicates that there’s a four people will be employed at the time it opens. With that the Mayor has said that he would like to offer this man $1,000.00 for a economic development grant to help him secure this business. I think it kind of goes along with what we have done in the last few months we have done the same thing with other people. I think it’s a good incentive if possible to get people to come downtown it can only help us. So if there’s no questions on this I believe I was not able to be here at the end of the work session but I believe the individual did speak to council; is that correct? COUNCILMAN MCCUNE He spoke highly of coming back to Massillon from the Atlanta area. He’s real glad to be starting a business here and helping to revitalize the downtown area. He has plans to branch out do a lot of other things in the coming months and years. He gave a rather a lively speech while he was here. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes, 1 no. Peters voted no. ORDINANCE NO. 112 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 113 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund, Legends Golf Course Fund, Parks & Rec. Fund, WIC Fund and the Economic Development Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have a bunch of appropriations here that we’re going to be dealing with. I won’t get too deep into them. We discussed them at length at the committee session but I will go through them a little bit here one by one. In section 1, we’re going to transfer approximately $314,000.00 appropriated from the unappropriated balance of the general fund 1100 to $181,000.00 police comp, $49,000.00 police overtime and $83,000.00 fire comp. The money for this came from the transfer of the inheritance tax into the general fund and the change of the split. Anybody have any questions on that? Part 2, is we will be appropriating from the unappropriated balance of the Legends Golf 2104 fund to the following accounts salaries $18,000.00, overtime $17,000.00, capital equipment $44,900.00, supplies and materials $43,000.00, gas and oil $7,000.00 for a total of $129,949.00. Any questions on part 2? Part 3, we will be please appropriate from the unappropriated balance of the Parks and Rec. Fund 1234 to the following accounts $18,000.00 to services and contracts, $10,000.00 to salaries – parks and $5,000.00 to supplies and materials. Any questions? Section 4, is part of this would be what we dealt with in no I’m sorry. Section 4, is please appropriate from the unappropriated balance of the WIC Fund that’s the women, infants and children’s nutritional program grant and this was a grant. We will be transferring $5,942.00 to supplies and $467.00 to health and life. Any questions? Section 5, we have two parts there the first part pertains to Ordinance No. 112 that we just passed we’ll be appropriating $1,000.00 in an economic development grant for the Downtown Tan Spa and then appropriating $3,698.00 for expenses to Bricker and Eckler in relation to the Genshaft Park development for the proposed tax incremental financing. Any questions there? Seeing no questions I will be moving to pass this legislation this evening if there aren’t any questions. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 113 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 114 2008 BY: FINANCE COMMITTEE Making certain transfers in the 2008 appropriations from within the General Fund and the Parks and Rec. Fund, for the year ending December 31, 2008, of the City of Massillon, Ohio, and declaring an emergency. COUNCIL PRESIDENT GAMBER Mr. Manson, if you’d like to you can read every title and account and amount or you can dispense with that if you’d like to. COUNCILMAN MANSON I have no intentions of reading them all there must be about 20 of them. But we will be transferring $150,325.25 like I said before and the other part we discussed this last Monday. I think everybody understands what’s going on here. Oh I’m sorry thank you Jayne. I have two sheets here we had a typo on the we had part there that showed up as $7,050.50. COUNCIL CLERK MARY BETH – I corrected it. COUNCILMAN MANSON You did correct it didn’t you. It’s corrected Jayne. (Thank you) Yeap. Okay we had a typo there earlier. COUNCIL PRESIDENT GAMBER For the record Mr. Manson, can you explain what we’re talking about? COUNCILMAN MANSON Well, under worker’s comp about the sixth line down account 1100.905.2270 the first draft of the agenda for this evening had only $7,000.00 being transferred there. Jayne and I talked about it earlier we were just going to deal with as a type but Mary Beth got that corrected. So… COUNCIL PRESIDENT GAMBER So the correct figure is? COUNCILMAN MANSON $7,050.50 probably on your computers at home just have $7,000.00 right there. So it was a typo. That was $150,325.25 the other part will be appropriating from the Parks and Rec. from supplies and materials $15,000.00, $10,000.00 will go to contracts and services and $5,000.00 will go into supplies and materials. Any questions? COUNCIL PRESIDENT GAMBER Do we have any questions on any of these items? Your motion please? 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 9 yes. ORDINANCE NO. 114 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 18 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to submit a map revision to NEFCO for approval of a 201 Mini Update for the Massillon, Navarre Facilities Planning Areas, and declaring an emergency. COUNCILMAN HERSHER We discussed this at the work session. Shearer’s recently purchased a parcel of land located off of Millennium Blvd. That parcel is currently planned by NEFCO as part of the Navarre Wastewater Treatment Facility. You know since its Shearer’s desire to utilize Massillon’s Wastewater Treatment Plant this resolution authorizes the Director of Public Service and Safety to petition to have that planning area changed. So if there’s any questions we’ll get them answered tonight and obviously since this is an important thing to Shearer’s and to the City of Massillon I’d like to go ahead and pass it this evening. COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Slagle. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 18 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $276.46 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call vote 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR AUGUST 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 9 yes to accept the auditor’s report. COUNCIL PRESIDENT GAMBER Also under item 10 reports from city officials Mr. Loudiana the Safety Service Director has requested an opportunity to speak about the gas aggregation program. Mr. Loudiana? SAFETY SERVICE DIRECTOR LOUDIANA – We’ve received 100’s of phone calls from citizens regarding gas aggregation. Last Thursday we agreed on a price with IGS of $10.58 a 1,000 cubic feet. I checked today with IGS if you go in there and just personally try and buy the gas its $13.99. Now in addition to that if you remember last year as the same this year there’s a transportation cost of $2.90 and there’s a monthly service charge of $5.70 through no matter who you get your gas from. I didn’t have time to print these out but I’ll ask the Clerk it has all the answers here give one to the press. We will be sending out notices or they will be sending out notices there’s also a phone number here if you want to call them and a fax number if you want to fax them to get on. If you’re presently in a position where your gas is running out their suggestion is to if its with IGS call them and tell them that you want to get in the Massillon IGS and they may let you on for that period of time between now and November. If not whoever you’re with just leave it alone don’t sign up for anything new and you’ll just stay on theirs at their monthly rate whatever their monthly rate is. Then once you get signed up it will start in November and December for the next year. Our price last year we didn’t do as well this year was $9.48. I don’t know if you have any questions its kind of brief but I think when you read this it has who do I call, what do I do, etc, etc. So if anyone has any questions feel free to ask, call or whatever. I think that’s a pretty good rate I talked to them today they don’t know what the damages are down there. But if anything the worse it could be down a little bit but we thought we would be safe since the hurricanes are hitting. Larry, do you have a question? COUNCILMAN SLAGLE – I don’t have anything, that’s great work on that project. But since you’re up there can I ask a question about the upcoming budget when we might receive it. SAFETY SERVICE DIRECTOR LOUDIANA – I don’t know the Mayor is on vacation this week, So I would have found out if you would have called me but I had too many things going on I just wanted to get this out of the way and a couple other things. COUNCIL PRESIDENT GAMBER After the meeting is over the Clerk will copy these if you’re still around she can hand it to you if you leave early we’ll just put one in your mailbox or she can email it to you. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Next Monday is the 8th committee meetings will be at 5:30pm. Just to remind that there are five Monday’s this month so we will skip the 22nd and have committee sessions again on the 29th. Are there any reports from committees or any resolutions or requests from anyone? Mr. Manson? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MANSON Yes, I said at last week’s committee meeting that we were going to start having a special finance meeting before the committee meetings. The Mayor’s office rather or not we get that organized for this Monday I’m not absolutely sure but you will get emails and everybody will be notified if we do it. So just to let you know. COUNCIL PRESIDENT GAMBER Anyone else? Mr. Townsend? COUNCILMAN TOWNSEND Yes, last week we had the advisory committee meeting that was the last meeting for this year. Parks and rec. is going to get together and put together some type of recommendation that they are going to present to council. I believe there’s four recommendations that they’re going to submit and I’m not sure when they’re going to submit it but they are. COUNCIL PRESIDENT GAMBER Thank you for your work with that committee. My understanding is that the committee is set up the park and rec. department was supposed to make that report and it bring it back to council. Is that correct? COUNCILMAN TOWNSEND Yes, we had a pretty good meeting last week. I believe there’s about four recommendations and I did inform park and rec. that they are supposed to compile all the information and submit it to council. COUNCIL PRESIDENT GAMBER Thanks again, Mr. Townsend. Is there anyone else? 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 107 2008 BY: ENVIRONMENTAL COMMITTEE Repealing Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION”, and declaring an emergency. COUNCILMAN HERSHER Before we discuss or take any action on this I believe there’s a typo in the ordinance and I wanted to discuss that. If you look at the second paragraph of section 2 on the first page. The section that begins “965.09 “Collection Rates” if you go down to number 1 that line starts off $15.00 and then states in parenthesis $16.50 numerically. $15.00 is the current rate $16.50 is the new rate that needs to be changed. COUNCIL PRESIDENT GAMBER Mr. Law Director can we call you forward? Since we have already given this one reading is it appropriate to call that a typo and strike out the printed $16.50 and correct it or do we need to do something differently? LAW DIRECTOR STERGIOS – Is it supposed to be $16.50 or $15.00? COUNCIL PRESIDENT GAMBER It supposed to the $15.00 I’m sorry it’s supposed to be $16.50. LAW DIRECTOR STERGIOS – So we can call the $15.00 a typo strike it and spell out $16.50. COUNCIL PRESIDENT GAMBER Alright, everyone have that? Strike the word fifteen and we are adding or substituting the word sixteen dollars and fifty cents per month. Thank you, Mr. Hersher. COUNCILMAN HERSHER At any rate we have had two readings with this we had Linda McGill from the solid waste department collections in to talk to us at our last work session. We’ve also given it first reading we’re aware that our solid waste department isn’t immune from all of the things that we’re seeing as far increasing fuel costs and how that affects other areas of operations. Currently they’re projecting about a $65,000.00 deficit for next year. What I would like to do this needs for them to operate as they have and being it is an enterprise they have to cover their expenses. So they’d like for this to go into effect the final quarter of this year October 1st so what I’d like to do since we’ve taken two readings with it there hasn’t been any strong objections I’d like to go ahead and suspend and bring this forward for passage. But before we do that certainly will get any questions answered tonight or any discussion that needs to happen this evening. COUNCILMAN TOWNSEND I believe Councilman Maier requested a print out or some type of data listing if the department lost any customers because of the last rate increase. My computer is down I don’t know if you guys sent it out but I never got it. COUNCIL PRESIDENT GAMBER That was sent out last week. Mr. Hersher, is that correct? COUNCILMAN HERSHER Yes, it was sent out Tuesday morning right after our last meeting. COUNCILMAN TOWNSEND Our computer has been out for two weeks. So what was the did they lose any customers? COUNCILMAN HERSHER My recollection of it is it remained there were what a couple small businesses but overall it was a percentage or so either way. It stayed fairly consistent from 2006 to 2008. COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 107 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. Catazaro-Perry voted no. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN SLAGLE – I move that we adjourn, seconded by all.
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