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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, December 1, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Engineer Keith Dylewski 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 the volume on 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, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCIL PRESIDENT GAMBER Mr. Mang, do you have a motion for Mr. McCune? COUNCILMAN MANG Yes, I’d to move that we excuse Councilman McCune from tonight’s meeting, seconded by Councilman Manson. Roll call vote of 7 yes, 1 no to excuse Councilman McCune. Peters voted no. 2. INVOCATION COUNCILMAN MANSON – I’d like to introduce Pastor Chip Belanga he’s our new minister at Holy Trinity Lutheran Church. That’s probably the farthest on the west side that you can get in Massillon. Pastor Chip is from Toledo this is his first calling he has an interesting congregation in that about half of us are from Massillon we’re Massillon Tigers and about half of us are from Tuscarawas Township and they’re Tuslaw Mustangs. So him being politically correct he moved to Perry Township. I’m not sure about that part of it. PASTOR CHIP BELANGA – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON – Chairman of the Finance 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. 147 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from RM-1 Multiple Family Residential to P-1 Vehicular Parking. COUNCILMAN MANG Members of council this piece of property would be the second property east of the old LaCuisina building. I do have a question though for the law director at the time that this request went to the planning commission the residents had signed a petition asking for it to be rezoned B-1. The planning commission felt that because of the area that it should be P-1 Vehicular Parking. My only question is, is there a problem with that? LAW DIRECTOR STERGIOS – I have no idea. I mean I’d have to look at it I don’t I have… COUNCILMAN MANG Yeah, I didn’t anticipate an answer tonight. But I wanted to make sure that when we get to the final reading that we have cleared all the steps and there’s not a problem. LAW DIRECTOR STERGIOS – The residents signed a petition wanting B-1 as opposed to P-1. COUNCILMAN MANG Probably because the fact they didn’t know they could do P-1. I don’t know that would be my guess. But… LAW DIRECTOR STERGIOS – The initial zoning application or rezoning application I am assuming or I thought that I read designated it as the request was for P-1 Parking 1. I mean someone filed an application to rezone… COUNCILMAN MANG No the rezoning request was for B-1 the planning commission changed it. Now I don’t have any problem there I just want to make sure that we don’t have a problem with whatever. So we’ve got several weeks to get that…but I thought mediate early. LAW DIRECTOR STERGIOS – No, that’s fine I’d rather now than at third reading. Okay, thank you, Mr. Mang. COUNCILMAN MANG This will be first reading and a public hearing will be held on January 5th, 2009; how about that at 7:00pm. ORDINANCE NO. 147 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 148 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to grant an easement of variable width to Aqua Ohio Water Company for the placement of new and existing water lines in the City of Massillon, and declaring an emergency. COUNCILMAN HERSHER The title says most of what this ordinance is about I know it was discussed at the work session on Monday. This is to grant an easement to Aqua Ohio on the east side of Wales Road just north of Hills and Dales I believe if I’m picturing it correctly right about where the Walgreen’s is. This was recommended or approval on this was recommended by the planning commission at their November 11th meeting. So if there’s any questions I’ll get them answered for you tonight otherwise I’d like to pass this, this evening. 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. ORDINANCE NO. 148 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 149 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to sign the Letter of Agreement to comply with the Code of Federal Regulations, Title 44, Section 65.10 (44 CFR 65.10) and Request for Provisionally Accredited Levee (PAL) Designation, and declaring an emergency. COUNCILMAN HERSHER I know this was also discussed at the work session and there is a time limit on getting this signed and considering the subject matter I would like to try and pass it tonight if there aren’t any questions. In order for FEMA to accredit our levee system they’re requiring that we enter into an agreement you know certifying the condition of the levee and all that. This is necessary it’s necessary to make sure that the levees are accredited so that areas within the flood plain are able to be insured. If there are questions we’ll get them answered tonight if not because of the subject matter and knowing that there’s a time deadline I would like to pass this, this evening. 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. ORDINANCE NO. 149 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 150 2008 BY: POLICE AND FIRE COMMITTEE Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a two-year contract with the Board of Trustees of Local Organized Governments in Cooperation (LOGIC) for the police and fire dispatching services with the Regional Emergency Dispatch for the Massillon Police and Fire, and declaring an emergency. COUNCIL PRESIDENT GAMBER In the absence of the chairman I’ll call on committee member Donnie Peters. COUNCILMAN PETERS Because the chairman of this committee is not here tonight and he had some issues with this ordinance early on in our work session. I’m going to give it first reading but I want everyone on council to realize that this thing expires December 31st. So we will have to either pass it or not pass it at the next council meeting. So if you have any questions you need to get them answered at our work session on Monday. So first reading. ORDINANCE NO. 150 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 151 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund, State Highway Fund, Parks and Rec. Capital Improvement Fund, Home Health Fund and Law Enforcement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have five sections in this. I’ll go through them here one at a time. In the first one please appropriate from the unappropriated balance of the general fund for the ending December 31, 2008 to the following: $76,864.00 to fire disability and pension, $16,600.00 to income tax refunds, $15,063.00 to police disability and pension and $6,538.00 this is what we paid for the services for the codified ordinances for the changes every year. Section 2, is please appropriate from the unappropriated balance of the state highway fund $50,000.00 this $50,000.00 is for necessary for the purchase of salt for the streets and please appropriate $700.00 from the unappropriated balance of the state highway supplies account. This appropriation is necessary to purchase bricks for repairs catch basins. Section 3; please prepare legislation to appropriate from the unappropriated balance of the parks and rec. capital improvement fund to the follow: $24,000.00 these funds are necessary to meet December’s debt payment. Section 4, the health department needs to appropriate from the unappropriated balance of the home health fund in the amount of $6,000.00 to home health services and contracts account. This is to pay the state fees for vital statistics services that they provide us. That’s just like we talked about probably confirming deaths and births and everything else. Section 5, is please appropriate $5,000.00 from the law enforcement fund other revenue account into an account 1215.305 diverted pharmaceutical enforcement. This money is from a grant from the National Association of Drug Diversion Investigators for the enforcement of the prescription drug abuse problem in our area. That covers everything if there’s any questions I will try to answer them otherwise I will be moving to waive the rule. 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. 151 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 152 2008 BY: FINANCE COMMITTEE Making certain transfers in the 2008 appropriations from within the Parks & Rec. Capital Improvement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, this is the same $24,000.00 that was in the last ordinance now this gives us the right to make the payments. We’re transferring $24,000.00 from the capital improvement to bond retirement parks and rec. 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. 152 – 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 - $725.26 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilman Hersher. Roll call vote 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR NOVEMBER 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 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday, December the 8th at 5:30pm. Does anyone have any special request or report anything from any of the committees? Apparently not. 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. 136 – 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing and directing the Mayor of the City of Massillon, Ohio, to petition the Director of the Ohio Department of Development to amend the boundaries of the City of Massillon’s Enterprise Zone, and declaring an emergency. COUNCILMAN MANG – second reading. ORDINANCE NO. 136 – 2008 WAS GIVEN SECOND READING. ORDINANCE NO. 139 – 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing and directing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter a Settlement & Mutual Release Agreement with CTI Environmental for the City of Massillon Regional Wastewater Treatment Facility, and declaring an emergency. COUNCILMAN HERSHER – We took a second work session on this ordinance with the engineer and the law director just to get some extra questions answered and get everything in order. This is money owed to CTI under a separate construction administration agreement at the Wastewater Treatment Plant. It is a bill that’s owed for services rendered so that the way I look at it is you know it’s a bill to be paid that just happens to come in through the environmental committee. So I would also like to pass this, this evening and get the bill paid unless there’s strong objection again or questions that haven’t been answered. COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Slagle. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 139 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO. PETERS VOTED NO. ORDINANCE NO. 143 2008 BY: FINANCE COMMITTEE Adopting the Procurement Policy for the City of Massillon as recommended by the State of Ohio Auditor’s Office, and declaring an emergency. COUNCILMAN MANSON Yes, this is the one we talked about two weeks at the meeting the law director had some things that he wanted to clear up for himself. What he has done he’s proposed an amended ordinance so it’s my intention to make a motion to amend this ordinance? COUNCIL PRESIDENT GAMBER Does everyone have a copy of the proposed amendment? Is there anyone who does not? Mr. Manson, do you want to make any discussion or motion? COUNCILMAN MANSON Well lets discuss after I make the motion for the amendment. COUNCILMAN MANSON moved to amend Ordinance No. 143 – 2008, seconded by Councilman Hersher. ORDINANCE NO. 143 – 2008 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER The ordinance has been amended we’re now back at first reading. Mr. Manson? COUNCILMAN MANSON Now, I would like the law director Mr. Stergios, if you would come up please and explain what the changes were in it and if anybody has anything they would like to question. LAW DIRECTOR STERGIOS – I do not have the amended copy right in front of me but I will yours Mr. Gamber. Essentially if you recall a procurement policy was adopted with regard to community development department. I think what had happened is that the exhibit that was attached to that policy was basically copied and attached to what is now amended Ordinance No. 143. I did not feel that some of the verbiage in the exhibit really was applicable or made any sense in light of the procurement policy for the city in general. Because it referenced things and federal guidelines that may not apply to us and so I took the liberty to try to make the exhibit that we have in the amended ordinance make a little more sense and say that we’ll follow state law and use the board of control and get bids and so forth. Things that we have always done all along but were sited in the audit which from the state audit which stated that they didn’t think we had a written policy in effect so that’s why the auditor decided to adopt one. So I thought this was a little cleaner and more applicable to our situation. Thank you. COUNCIL PRESIDENT GAMBER Thank you, Mr. Stergios. COUNCILMAN MANSON Yes, this is the we had a procedure that we were following but this was a recommendation from the state auditor’s office that we have a policy so if there are any disagreements about what we do pay and don’t pay this would clear it up. 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. 143 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANSON – I move that we adjourn, seconded by all.
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