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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, October 6, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Community Development Director Aane Aaby, Auditor Jayne Ferrero, Fire Chief Tom Burgasser 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 COUNCILWOMAN KATHY CATAZARO-PERRY – Gave the invocation for the evening. 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 MYRA LOWERY – 24 Fan Ct NW, Massillon. This is in regards to Resolution No. 21 we were here three years ago on this matter. I don’t understand why we have to why it’s back on the agenda I thought he had a year to appeal. We have a resolution from the council already denying and then we went to the zoning board on the 11th of September and he was also denied. So I’m just wondering why do we have to go through this whole process again. COUNCIL PRESIDENT GAMBER Okay, this is basically an opportunity for you to make your comments rather than a question and answer. But I will indicate that this is an appeal by Mr. Oser which is a right he does have. At the point in our agenda where we discuss this your points and others will be brought up. Thank you. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 122 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Shearer’s Foods, Inc., and the Stark County Port Authority (as the Lessor) providing for the adoption of a project which will establish a new facility, with result in the location and the creation of 170 – 181 new jobs over a 3 year period within the City of Massillon Enterprise Zone, and declaring an emergency. COUNCILMAN MANG The title of the legislation pretty much describes the area that the Shearer’s people wish for us to participate in. They’re proposing to construct a new facility of approximately 197,000 square foot of production facilities on 30 acres down on Millennium Blvd. The total cost of this project is over $60 million and as stated in the ordinance it will create 170+ jobs. The payroll that they’re anticipating on new jobs is $5,659,000.00 over a three year period. The Shearer’s people will also relocate 75+ jobs which will be another $3,000,000.00. The company is requesting a 75% ten year enterprise zone real estate tax exemption. We had the individuals here at our work session they explained what they wanted to do. They also explained that the construction itself is going to be quite unique and quite unique probably to the state and maybe to the country. It’s definitely going to be energy built to conserve energy which means there’ll probably be a lot of skylights there’s probably be a lot of lights. But in essence it will be something that will not be deteriorating everything that we need for energy. These people also have facilities to grow in the future and we’re looking for them to be here for quite some time. I highly recommend that we bring this piece of legislation forward for its question of passage and pass it. COUNCILMAN MANG 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. 122 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCILMAN MANG If I may we have some people here from Shearer’s we wish you very good luck and we hope that the construction gets started tomorrow morning at 8:06 would be fine. I think the community will be very happy to start to see things happen there. I want to thank council for the vote of confidence for you. ORDINANCE NO. 123 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the TIF Service Payment Fund, Park & Rec. Capital Improvement Fund, Probation Services Fund, Muni Motor Vehicle License Plate Fund, Bond Retirement WWT Fund, Home Health Fund and the Waste Management Grant Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have seven parts to the ordinance tonight. I’ll go through them a little bit here we discussed them at last Monday’s meeting there weren’t any questions. If there’s anything here that comes up we’ll try to answer it or we’ll get it answered. The first please appropriate from the unappropriated balance of the TIF service payment fund to the following $267,225.00 to the developers TIF, $83,592.00 to the school district TIF and $6,436.00 to the county TIF collection. They are responsible for collecting this for us. In section 2, please appropriate from the unappropriated balance of the parks and rec. capital improvement fund 1433 to the following: $21,000.00 to refunds and $17,000.00 to school district revenue sharing. The refunds are the parks part of any city income tax that we have to refund during the year. The $17,000.00 is part of a sharing I believe on the property that we probably allotted an abatement and we’re sharing some of the city income tax with them. Section 3; please appropriate from the unappropriated balance of the probation service fund in the amount of $32,000.00. It would be $28,699.00 to salaries, $3,500.00 to PERS and $417.00 to Medicare. The next one is section 4, is $5,500.00 please appropriate from the unappropriated balance of the muni motor vehicle license plate fund 1206 to for gas and oil These funds are necessary for fuel costs. Section 5, is $3,400.00 please appropriate from the unappropriated balance of the bond retirement WWT fund for fees $3,400.00. These fees are needed to cover the cost of the fees the county charges for collecting delinquent sewer accounts. Section 6, please appropriate from the unappropriated balance of the home health fund $3,000.00 to an account entitled home services and contracts. I believe this is $3,000.00 we have to pay for additional space that we rent up there where the health department is. Section 7, $2,700.00 please appropriate from the unappropriated balance of the waste management grant fund $2,700.00. These funds are to cover the cost of the disposable recyclables and we have to pay Waste Management to come and pick up the materials that we recycle and they haul them away. If there are any questions I’ll try to answer them if there aren’t… Yes? COUNCILMAN HERSHER Is there a typo in the ordinance or did I misunderstand Councilman Manson. In section 3, the appropriation to the salaries account ending in 2110 did Mr. Manson read $28,699.00 or did I misunderstand? COUNCILMAN MANSON Yes, there was a typo and she scratched that out and corrected that if nobody picked that up. COUNCILMAN HERSHER Okay, I didn’t look at the new. COUNCILMAN MANSON She had it at $28,000.00 on the original copy. COUNCILMAN HERSHER Okay. Thank you, Mr. Manson. COUNCIL PRESIDENT GAMBER Does everyone have that? Alright, are there any other questions on the ordinance? Thank you, Mr. Hersher. 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. 123 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 20 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS In support of a United States National Health Insurance Act. COUNCILMAN SLAGLE Point of order first I’ve noticed I keep reading this so many times and I find two errors in the spelling in this particular legislation. I prefer not to have it delayed but I need and understand the procedure by which they could corrected without the wait. COUNCIL PRESIDENT GAMBER If you will indicate where they are I’ll be willing to bet we just call them typos unless its got something to do with the date or a figure. COUNCILMAN SLAGLE No, the first one was the bottom second from the bottom “whereas” at the third line where it says “most const-effective is should be cost-effective. COUNCIL PRESIDENT GAMBER Alright, we will strike the “n” in cost-effective. COUNCILMAN SLAGLE And the second is the next to the last line it should be eye care not eye care. COUNCIL PRESIDENT GAMBER Alright, after dentistry we will add an “e’ to turn that into eye care. Is there anything else? COUNCILMAN SLAGLE Those were the two I picked up. I think everything else is accurate. COUNCIL PRESIDENT GAMBER And as I say we’ll just call those typos they don’t really effect anything in the resolution. You have the floor. COUNCILMAN SLAGLE We discussed this resolution on two separate occasions in committee. Frankly, I think we’ve discussed it quite in detail. The resolution itself is was set forth with the necessary information that I had hoped would give all the necessary reasoning behind such a resolution. The purpose behind it is not that we have any say in developing a single payer universal health care system. But that from the basic fundamental level of our council that we believe that this would be the most cost effective way of providing health care to all our citizens. When you look at the resolution itself as I said it sets forth the reasoning behind it. But my purpose in doing it is as Mr. Maier pointed out in committee what we do at this level does have an impact on our federal legislators. By sending them the message that in our area that we believe such a proposal is not only right it’s the fair way to go. I believe that they’ll pay attention to that particularly in the last several years in which we’ve seen billions spent to bailout you know the financial industry without much more than a couple of weeks of negotiations apparently. More billions spent at the rate of $12 billion dollars a year on a war in Iraq. Yet the same federal legislatures never find time to provide just basic fundamental decent health care for our citizens. Particularly when we know by doing it under a single payer system we’d become the last industrial society to do so #1. #2, we know that the cost to our society as a whole is dramatically reduced by doing it. I also want to point out that currently almost one-third of all of Americans are already on a tax payer supported health care system. Whether it be those that have paid into or receive Medicare and Medicaid or the governmental employees of our own city, of our state, school employees, the federal legislatures themselves who can’t seem fit to provide it to the citizens. When you add that with the 16% of Americans that have no health coverage we are already at half of Americans populace which is being paid for by the tax payers. We also know that unfortunately when people lose their jobs they frequently lose health coverage. Unlike many decisions we have we rarely have a decision on whether we’re going to ill or not. We rarely have the ability to afford health care coverage unless it’s provided by someone else. Because we have mortgage payments to pay or we have food to put on the table and health care is always one of those things that gets left behind. Then with the dramatic increase in cost frankly it’s almost impossible for someone on unemployment to pay for health care. We also know that too many of our citizens are locked into their jobs for the sole purpose of keeping their health care coverage. I don’t believe that should be accurate either. Based upon on some conservative estimate $56 billion a year will be saved in the American economy through a single payer health care system. I frankly think that’s somewhat low because I don’t think takes into account the workers compensation premiums that are being paid by not only city but businesses that obviously would be reduced because workers comp for the most are medical bills not lost time. I don’t think it takes into account that the extra premiums that you all see on your homeowners and your car insurance policies where you’re paying for medical coverage. Now some of those premiums will remain because if you’re at fault for instance a collision then your insurance should have in fact reimburse the government for the bills that have been incurred because the responsible wrongdoer should be held responsible for that car. But we always have med pay coverage in our premiums. So there’s a dramatic number of things that can be positives and I see no negatives. Overnight our American industries will become competitive with the rest of the foreign markets. Because you’ll be taking out 16 to 20% of their current budget and reducing it down to what is believed to be approximately a 6.6% because 3.3% coming from the worker, 3.3% coming from the business entity. So they will become competitive and be able to produce and succeed better into global market place. Finally, people may ask “how would that affect the City of Massillon” well the City of Massillon has according to our last budget has $2.3 million budgeted for health care. Based upon the single payer system that has been proposed and which is part of the resolution if that is passed by the federal legislature for instance then the City of Massillon would be paying 3.3% on the salaries which would be approximately $430,000.00. Right there the city gains $1.8 million which can be used for infrastructure and other pressing needs of the city. I don’t think that would be any different with the state governments with the county governments. Everyone would benefit from that every governmental entity would benefit from this resolution. Do we know if this is what they will pass? Obviously, not. We don’t know how the legislative process will work above us but certainly if we can put the pressure on them they at least have to considering that and looking at the benefit to the taxpayers. A benefit that every taxpayer in the United States would see unlike the benefit that we may or may not see from the other proposals that have been passed that have cost us billions of dollars recently and in the near past. So I would ask that we suspend the requirement of three separate readings for this because we have discussed several times already I’ve provide as much information as we can. I do have some additional for any of the press if they’d like to see any further information on it. But I think it’s just a matter of simple justice. COUNCIL PRESIDENT GAMBER Thank you, Mr. Slagle. Is there any comments or discussion of the resolution? Your motion please? COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 20 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. PETERS VOTED NO. COUNCIL PRESIDENT GAMBER Mr. Slagle, do you know who you want the Clerk to send this to? COUNCILMAN SLAGLE We’d like it to be sent Congressman Regula and also our two federal senators Voinovich and Sherrod Brown. COUNCIL PRESIDENT GAMBER Alright, Madame Clerk if you would do that and then Mr. Slagle follow up to make sure that’s been done to your satisfaction. COUNCILMAN SLAGLE I will thank you very much. Thank you, council. RESOLUTION NO. 21 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Reversing the decision of the Massillon Zoning Board of Appeals made on September 11, 2008 wherein the Zoning Board of Appeals denied a variance from the Massillon Zoning Code for proposed construction of two 30’ X 84’ warehouses at 35 Warwick Avenue NW. Known as Lot No. 17265 in the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANG To start with this piece of legislation will be given its first reading. But to answer a question that was proposed this previously request was Case #1190 at that time was to erect two accessory buildings on lots 3540 and 3541. This ultimately was passed by the Zoning Board of Appeals and council reversed that decision. Now these lots have been replatted and they are one lot. The new lot #17265 and that is the reason this is before us again because it is a new issue. Before it was on two separate lots its now on one lot. So we’ll be giving it first reading tonight. RESOLUTION NO. 21 – 2008 WAS GIVEN FIRST READING. RESOLUTION NO. 22 2008 BY: POLICE AND FIRE COMMITTEE Recognizing Trevor McCune, Dru Yost and Mike Budrow, Jr., for their selfless act of bravery on September 26, 2008 during a neighborhood house fire. COUNCILMAN PETERS I’d like to thank Councilman Maier who’s the chairman of police and fire for bringing and getting this on the agenda tonight. As I was telling all of council at the work session on Monday night I feel really strong about with these young men did on September 26. A Friday night shortly after the Massillon football game I was on my way home and I observed the Massillon Fire Department on their way to a call. Being the councilman in that ward I just curiosity sometimes gets the best of me. But I followed them and we arrived at the corner of 6th and Griffith SW. The fire department was on the scene and extinguishing or attempting to extinguish a fire of a structure located there. Shortly after I arrived I learned that three young men seen the house on fire attempted to knock on the door and get the occupants out without any success. So they broke down the door per say I don’t think they broke the door but they went in the house went upstairs retrieved the young lady and brought her down to safety. Therefore I believe they really might have saved her life and the structure’s life also. So with that I will read the resolution that I have before me tonight council and I ask that we can pass this tonight on the first reading. Title: A Resolution recognizing Trevor McCune, Dru Yost and Mike Budrow, Jr., for their selfless act of bravery on September 26, 2008 during a neighborhood house fire. WHEREAS, Trevor McCune, Dru Yost and Mike Budrow, Jr., while visiting a friend noticed a house on fire in the neighborhood. WHEREAS, all three individuals entered the burning structure in search of any person who may have been trapped in the house. WHEREAS, these individuals did indeed rescue a woman from the second floor of the burning structure. While at the same time trying to put out the flames until the Massillon Fire Department arrived on the scene. Now, therefore be it resolved that Massillon City Council recognizes the selfless act of bravery shown by Trevor McCune, Dru Yost and Mike Budrow, Jr., on the official record. COUNCIL PRESIDENT GAMBER Thank you, Mr. Peters. Do you wish to make a motion now or do you have any other commentary? COUNCILMAN PETERS Well, I’d like to make a motion that we pass this resolution. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 22 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCIL PRESIDENT GAMBER Mr. Peters? COUNCILMAN PETERS Since we passed the resolution tonight and council I thank you for that. Two of the young men are here tonight with us at city council Trevor McCune and Dru Yost. The third he works afternoons so he was unable to attend I would like to ask council’s permission to bring Chief Burgasser forward and the Mayor forward and the two young men forward to receive the proclamation from the city. FIRE CHIEF BURGASSER – If you all would indulge me I have just a few remarks. Because appropriate behavior and good works are sometimes common place a lot of times they receive far less attention than crime acts or inappropriate acts. All too often young people who make mistakes or purposely do the wrong the thing capture the attention of the media and become the topic of conversation. The most recent examples of this are the trussle fire and the chapel fire. In speaking with people about those issues at many times they wonder out loud to me “what’s wrong with the young people of today, what’s wrong with our young people”. I think its important to recognize what’s right with our young people today when we’re presented with such an opportunity and we have been. We’ve certainly have been. On September 26 the fire department was called to 570 Griffith SW for a house fire. When we arrived we learned that three young men helped to save someone’s life at that location. They initially recognized the emergency and called 9-1-1. They entered the building to alert any occupants of the situation they found and they attempted extinguish the fire with a garden house. Having read their statements and also the statements of the on duty assistant chief I find that Mike Budrow, Jr., Trevor McCune and Dru Yost performed three separate and distinct acts of bravery and influence in this situation. Any one of these acts would have helped but quite possibly may not have saved the life or resulted in less damage to the building. Had they called 9-1-1 for example and done nothing else the occupant would not have been alerted to the danger. There were no smoke detectors in the house. Had they informed the occupant and done nothing else the fire would have continued to grow and spread. Members of Council, Mayor Cicchinelli, ladies and gentlemen I applaud Mike Budrow, Jr., Trevor McCune and Dru Yost for their actions that night. They saved someone’s life and they helped minimize the fire damage done at that location. I applaud and appreciate their efforts. As a side note and while I have everybody’s attention I would like to once again emphasis the fact that the building had no smoke detectors in place. I want to stress the importance of having good working smoke detectors in every home. Smoke detectors save lives. It is October it is time for the time change and once again I would like to just remind everyone to replace the batteries in your smoke detectors along with the time change. Thank you very much. MAYOR CICCHINELLI – On behalf of the city administration we’d like to present certificates of commendations before I do that. You know there’s some people think that heroes don’t exist anymore in our society. But I think after what these three gentlemen did and helped save the life of a fellow citizen I think there are heroes in Massillon, Ohio. These three young men need to be commended very much by our citizens. So on behalf of all the citizens we’d like to give Trevor and Dru a certificate of commendation, COUNCIL PRESIDENT GAMBER Thank you very much. Thank you, gentlemen, I would also ask the Clerk to make sure that these gentlemen receive a copy of the resolution that we just passed. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM THE OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM TEAM LCJS LLC DBA THIRD BASE 2215 W MAIN 1ST FL ONLY MASSILLON OHIO 44646 TO RWA ENTERPRISES LLC DBA THIRD BASE 1ST FL ONLY 2215 W MAIN MASSILLON OHIO 44646. COUNCIL PRESIDENT GAMBER Mr. McCune, that’s in your ward, do you have a copy of that? (Yes, I do) Alright. 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $478.26 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilman Hersher. Roll call vote 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR SEPTEMBER 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 Councilwoman Catazaro-Perry. Roll call vote of 9 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regarding committee meetings next Monday is Columbus Day but city offices are open and we will have our work sessions beginning at 5:30pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 118 2008 BY: PUBLIC UTILITIES COMMITTEE Amending CHAPTER 741 “OILS WELLS” of the Codified Ordinances of the City of Massillon, by repealing the chapter in its entirety, and declaring an emergency. COUNCILMAN MCCUNE Yes, as we found out over the past several months the city ordinance governing oil wells has become a mute point. Since the Ohio Department of Natural Resources have taken over sole propriety of that issue so it was felt that we should repeal the language that was currently in the ordinance. We are not terminating the ordinance because there is hope that at some point in time in the future cities and municipalities may once again have a voice in the drilling within their backyards. Until then it falls upon the Ohio Department of Natural Resources. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 118 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA JOE HOFFNER - I live at 138 24th Street SE. This is pertaining to the Oser using everybody’s property lots tied into his to try to and sent a thing to the Board of Elections to get everybody’s lots plus his own zoned. So I’ve got a thing to turn into council so you guys can Photostat that one and have it for yourself. I’ll give it to you Glenn or one of the council people. It’s everything… COUNCIL PRESIDENT GAMBER Alright, can you explain again what it is you’re turning over? JOE HOFFNER - Its like an affidavit that we sent to the Board of Elections asking to take our properties off of that ballot when it comes up in November. Most people signing the petition that Oser had signed is the petitions for his lots only he didn’t show them the parts that he was including everybody else’s lots. Okay, law director states that the ballot language is misleading which is Perry. He’ll probably tell you that. I ask council this evening to introduce on a resolution supporting the defeat Initiative Ordinance No. 08-1. COUNCIL PRESIDENT GAMBER Thank you. Mr. Manson, if you’ll pass that around and make sure the Clerk gets that. Is there anyone else who would like to speak to any topic please come forward. STACY SHEW – I live at 174 Page Street NW. I am here on behalf of the neighborhood watch group that we put into place in the 100th block of 26th Street NW and Page Street NW. We are here seeking help for an occupant on Page Street who continuously just causes problems, causes fear. We’ve made several police reports for different incidents. I know that the fire department has been called several times. You know I guess we’re here more so for some type of guidance or resolution as to where to go from here. You know we put the neighborhood watch program in place which we think is good. We know that they are somewhat of a tenant they live in their parent’s house. I do have a copy from the Massillon Independent newspaper from the source of the City of Massillon dated April 22, 2008 stating the tenant’s duties and landlord’s duties. They completely do not go by any of this. I also have an ad in the paper from May 31, 2007 from the Massillon Fire Department stating that the fire should not exceed anything 3 feet in diameter no higher than 2 feet. They don’t follow this and also it should not be any closer than 25 feet from any structure or combustible, flammable hazard they don’t do this. The fire can not burn any longer than three hours or the fire must be extinguished by midnight. Again, the fire goes on all night long, loud music all night long, screaming, threatening, police reports have been made of shooting what was believed to be b-b gun pellets. It broke out the window of a resident, there’s bullet holes in his shed. I mean the list goes on and on. I also brought DVD’s for surveillance cameras that we have. We have pictures and I know there are people here to support me tonight on behalf of this. Again, we just want to know where to go from here I mean we have cameras installed. COUNCIL PRESIDENT GAMBER What is your name? STACY SHEW – It’s Stacy Shew. COUNCIL PRESIDENT GAMBER Stacy have you spoken with Mr. McCune, your councilman? STACY SHEW – I know that Allison has and she’s here with me tonight. COUNCIL PRESIDENT GAMBER Okay, that’s your starting point and if he will be your point man as far as dealing with any other city department whether it’s the Mayor, the building department, the fire department whatever it would need to be. But Mr. McCune is who you need to work with. (Okay) And I’m certain he’ll do a good job for you. I don’t want to cut you off but that’s the answer to your question. STACY SHEW – I could be here all night and I don’t want to take up anymore of your time. I mean I’ve gotten just several police reports, there’s been restraining orders that have had to be filed against this person for particular incidents. We have police reports that also back that up. I just want to note that our cars have been broken into, personal items have been stolen. It’s terrible to live in fear not only as a resident but as you know a parent. It’s awful, its awful to have to live like that and we’d like to get this resolved if we could. I’m going to go ahead and sit down. COUNCIL PRESIDENT GAMBER I’m sure we completely agree no one wants to live under those circumstances. Work with Mr. McCune and the Mayor and anyone else that needs to get involved. Thank you. Is there anyone else who would like to speak to council this evening? Please come forward. MYRA LOWERY – I live at 24 Fan Ct NW. In regards to Resolution No. 21 I’d like to say that the zoning board has already denied, council before denied, nothing has changed expect that Mr. Oser has made two lots into one. These are still construction of industrial warehouses that he’s trying to build right in the middle of our neighborhood right in the middle. He’s already been denied I don’t understand why he can ask for a variance three years later simply because he made two lots one. A variance the crucial points of a variance according to City Code 1121.02 the crucial points of variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case. We’ve already proven that Mr. Oser is not under any type of hardship I mean there’s a few feet away from our neighborhood he has land where these warehouses would be better suited. But right in the middle of our neighborhood and council gave us this Resolution No. 19. A resolution says “this resolution is declared to be an emergency measure so that a prompt decision can be given to both the applicant and the adjacent property owners on the status of this construction. And that reversal of this decision of the Massillon Zoning Board of Appeals is essential for the proper community growth and hence immediately necessary for the preservation of the health, safety and welfare of the community. Wherefore this resolution shall be in full force and effective immediately and after passage and approval by the Mayor.” So I have pictures I can show you I mean its absurd why should he able to build warehouses in the middle in of our community? COUNCIL PRESIDENT GAMBER If I could answer your question I think Mr. Mang indicated that and I think you also acknowledged that there has been a change. The two lots are now one it must be appropriate for him to file this request otherwise the law director or the zoning board of appeals would not have accepted it. They have declined it he appealed as he is allowed to do and now its before council. So if I’m wrong Mr. Mang can correct any part of this. COUNCILMAN MANG – You’re absolutely right. MYRA LOWERY – Well may I enter into evidence… COUNCIL PRESIDENT GAMBER You’re doing your part by coming forward and making your opinions known. But I do think he has the legal right to do what he is doing. MYRA LOWERY – So our resolution doesn’t mean a thing from our council? COUNCIL PRESIDENT GAMBER It applied to a different set of circumstances apparently. MYRA LOWERY – Changing two lots into one but he’s still. Oh, okay. COUNCIL PRESIDENT GAMBER Ain’t it great? MYRA LOWERY – No its not Mr. Oser is just…. COUNCIL PRESIDENT GAMBER Is there anyone else who would like to speak we invite you forward. 18. ADJOURNMENT COUNCILWOMAN CATAZARO-PERRY – I move that we adjourn, seconded by all.
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