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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, November 3, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Law Director Perry Stergios and Parks & Rec. Superintendent Kenn Kaminski and we also have Julie Jenkins in the audience with us. 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 MAIER – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MAIER – Chairman of the Police and Fire 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. 129 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Olympic Tae Kwon Do to provide an economic development “inducement grant” to assist the company in opening its business in Massillon, and declaring an emergency. COUNCILMAN MANG We have a young gentleman that came before us at our work session. Christopher Kopp who is in the process of or has opened up a martial arts school up on Lincoln Way very close to Arby’s. The mayor has offered to help him in his endeavor by giving him a grant of $750.00. This kind of follows some of the things that we have done lately. Matter-of-fact the Mayor had I think about a year ago we have helped a lady in the insurance business as I recall we helped one of the things for the elderly on the other side of town. So its not it’s kind of been come down and knock on the door and if we think you’ve got something worth wild the mayor will try and find some money for you. So we had an opportunity to have this young man here he’s here again in the audience tonight. If you have some questions I’ll be glad to bring him up if not I’ll be asking for suspension of the rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 129 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 130 2008 BY: PARKS AND RECREATION COMMITTEE Approving the various fees and charges for the Massillon Parks and Recreation Department and The Legends Golf Course for the year 2009, and declaring an emergency. COUNCILMAN TOWNSEND Before I get started first I would like to apologize to the parks & rec. board and to Kenn Kaminski. It was an error on my part last week I thought the parks and rec. board meeting was cancelled but I read something totally different. So it was a mistake on my part and I do apologize for that. Ordinance the passage of Ordinance No. 130 will allow the parks and rec. department to adjust various fees and charges one of the changes for 2009 would be a rate reduction in membership. That reduction will be between 15% and 25% all depends on how the membership is doing for that year. Also the amount of reduction will be determined in September and one other addition that I thought was very helpful to its membership especially during this financially difficult time. The parks and rec. center will be offering free child care for all annual memberships. I thought that was an excellent, excellent amenity to the rec. center. Pretty much some of the changes looking at the current rates I see here continuous renewal for adults ages 19 to 59 is $265.00 and in 2009 that will be $256.00. So there is a real a pretty good reduction in that rate. Currently senior citizens are currently paying a continuous renewal of $140.00 and in 2009 we’re looking at $126.00. That is pretty good and I think they’re doing an excellent job far as trying to attract new memberships and I think doing things like this it would be definitely be successful. So if there are no questions I would like to put forward Ordinance No. 130 for its passage. COUNCILWOMAN CATAZARO-PERRY – I too had a comment. I wanted to say that the parks and rec. department even though if you don’t have an annual membership you do have a three month membership you still can receive child care for a very, very good fee of $2.50 or $3.00 which is amazing. You know I’m opening up a child care center and we’re charging $8.00 an hour. So Mr. Kaminski that’s an amazing price and hopefully that’s going to bring you know some new members as well as some great time for the parents to get some time to exercise and stay in shape. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 130 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 131 2008 BY: POLICE AND FIRE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, for the purchase of one prisoner van for the Massillon Police Department, and declaring an emergency. COUNCILMAN MAIER Yes, I discussed this with the safety service director and I know for a fact that the current prisoner van is breaking down quite a bit. We really need to look at getting some bids to see if we can replace that and after we get the bids we’ll see where we can go with that for financing. But I would if there aren’t any questions I’d like to make a motion. COUNCILMAN MAIER moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 131 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 132 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Indigent Driver Alcohol Fund, Summer Concert Fund, Home Health Fund, Legends Golf Course Fund and the Economic Development Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we discussed all this at last week’s committee meeting. We have five parts for this. I’ll go through and if you have a question on them as they come up just raise your hand or whatever and I’ll try to answer them. The first one is please appropriate $25,000.00 from the unappropriated balance of the indigent driver fund and this will go into services and contracts and it’s for resident treatment. This is for Quest for resident treatment I guess that means in house is what I believe that goes for. Section 2; please appropriate from the unappropriated balance of the summer concert fund $15,757.00 this is the final $15,000.00 I believe we owe on the concerts and that should wrap that up for 2008. We were running a little behind on the fund raising I know for awhile but the mayor went out and got the promised donations. Section 3; please appropriate from the unappropriate of the home health fund $3,500.00 to an account entitled services and contracts and $3,000.00 to supplies and materials. What we do is we pay we have to pay the state what they call we pay the state for vital static fees. I guess this is something like and if I say something wrong the auditor can correct me. Like if we have to verify like license maybe and stuff like that rather than I assume that’s going to be kept by the state rather each city keeping their own. That’s the types of things that’s going to be going into that. Section 4; please appropriate from the unappropriated balance of the Legends golf fund $1,830.00 we talked about this last week. This is a reimbursement and I guess what I’m going to ask is Kenn from parks to just give us a little explanation on how this worked and we’ll understand it better. PARKS & RECREATION SUPERINDENT KAMINSKI – This is a trade agreement that we did with Teed Up Ohio which was that half hour television show that was shown on Showtime. As part of the trade agreement it was originally supposed to cost $2,500.00 and then they would host we would host a golf outing and in return be able to get that money back to them. So we had some people paying cash that day and the rest did it through the Teed Up Ohio website. So that’s where we’re ultimately are today. It’s basically a trade agreement for that television show that we had and that’s till running now. COUNCILMAN MANSON I didn’t see ours I don’t know if anybody did or not I saw some of the other ones and they were really well done. But I haven’t seen the Legends one yet I’m sorry I hope I do get to see it. PARKS & RECREATION SUPERINDENT KAMINSKI – We won’t hold it against you. COUNCILMAN MANSON Alright. The last one please appropriate from the unappropriated balance of the economic development fund $750.00 and this is what Mr. Mang talked about earlier in community development for the Olympic Tae Kwon Do business. Any questions on that? 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. 132 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 133 2008 BY: FINANCE COMMITTEE Reducing the appropriations in the 1409 Municipal Road Fund, of the City of Massillon, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, section 1 of Ordinance No. 133 we had a $158,000.00 we approved for Lincoln Way Project and that project is going to be moved to 2009. So we have to take that appropriation off of our books. 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. 133 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 134 2008 BY: FINANCE COMMITTEE Adopting the Capital Asset Policy Manual as recommended by the State of Ohio Auditor’s Office, and declaring an emergency. COUNCILMAN MANSON Yes, I would like to bring the auditor to the microphone and let her give us an explanation of what this is and how it works. AUDITOR FERRERO – This came up in our audit this year with that we need to have a capital asset policy manual in place so that we can determine exactly what is a capital asset, how much money that we can spend before its considered a capital asset and have all our ducks in a row. So our engineer Keith Dylewski he put this all together and it was approved through the state. They looked it over and said it was accurate and it was correct and so now this is on file and we will be in compliance with the state audit from this point forward. I will tell you we are keeping track of the capital assets through my department and we have a program that we’re putting in place so that it will all be on a spread sheet and everything will be continually updated and if things go away then we’ll delete them and so it will be completely up-to-date and we won’t have problems or questions with the state. It’s a good thing this is a great policy that he put into place and in the coming weeks you’re going to see more policies coming through council for approval that have been requested through the state audit. This is just the first of many. Any questions? COUNCILMAN MANSON Could you just give us a few examples of what these are like is it a bridge, is it a road, is it… AUDITOR FERRERO – Oh, sure, its bridges, its roads, its underground, any kind of equipment, manholes, anything that we do to improve our city. Water lines, all the sewage lines, everything that we do and its part of we own all that that’s part of the city all of the underground equipment as well as power lines and oh well, power lines belong to the power company but anything that we own and that we service as a city that and all of our purchases, our donations, our capital leases and our transfers and like when we annex property into the city as well. We add all that in. 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. 134 – 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 - $260.00 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilwoman Catazaro-Perry. Roll call vote 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR OCTOBER 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 Hersher. Roll call vote of 9 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday the 10th at 5:30pm. Is there any committee reports any requests any resolution by any council member? Mr. McCune? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MCCUNE – Jim Purtz from Aqua Ohio will be here to put on a little presentation for us as they are once again requesting a rate increase I think its that time again every three years. So the mayor has discussed it the mayor and I have discussed it some and I have given the handout to my committee members. So we will move forward with that at the work session next week. COUNCIL PRESIDENT GAMBER Alright, can I ask that you coordinate that with Mr. Mang so Mr. Purtz knows when he’ll be speaking? (Yes) Thank you, Mr. Manson? COUNCILMAN MANSON I just want to say again that it’s my intention to have a finance committee meeting at 4:30pm next week before the committee session. Let the appropriate people know if I feel there’s nothing we have at the time that we can really discuss I will get an email to you to try to cancel it before like lets say Friday or something like that. Yes, Kathy? COUNCILWOMAN CATAZARO-PERRY – I would prefer a phone call because I’m not always getting emails. Please? From someone if you’re going to cancel. COUNCILMAN MANSON You will get a phone call if I’m canceling. COUNCILWOMAN CATAZARO-PERRY – Great, thank you. COUNCIL PRESIDENT GAMBER Alright, I think we have established that if a committee chairman called the special meeting it’s his responsibility to let at least his committee members know of that meeting. Is that it Mr. Manson? (That’s it) Anybody else? 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS 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 Second reading. RESOLUTION NO. 21 – 2008 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MAIER – I move that we adjourn, seconded by all.
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