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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 15, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero and the 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 MCCUNE – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MCCUNE – 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? (Yes, 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 GENE BURNER – 1507 Lincoln Way East, I’m just here in case there’s any additional questions that you may have about Ordinance No. 153. Thank you. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 153 – 2008 BY: PARKS AND RECREATION COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into three Non-Surface Development Gas & Oil Leases with Lake Region Oil, Inc., for various parcels known as South Sippo Park, North Sippo Park and Shriver Park owned by the City of Massillon, and declaring an emergency. COUNCILMAN TOWNSEND – We discussed this at the last work session. If anyone has any questions we have Mr. Burner here to answer those questions. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 153 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 154 – 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, Bond Retirement WWT Fund, General Fund, OPWC Loan Payments Fund and the Parking Enforcement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Okay, this is going to be time consuming here. Section 1, we have $59,000.00 please appropriate from the unappropriated balance of the capital improvement fund $59,158.00. This would be an amount that would go towards the purchase of a new roller. Okay, second part of this is please appropriate from the unappropriated balance of the bond retirement wastewater treatment fund year ending December 31, 2008. We have $12,482.00 to the wastewater treatment plant account 1305 that’s principle upgrade. Then we have $6,088.00 that is principle its interest on Jayne, you’re going to need to help me out here a little bit. You may as well come up and stand up here for a little while here. This is the one that I had problems with all day long. AUDITOR FERRERO – That’s for the wastewater treatment upgrade that we borrowed additional money for the Kokosing. COUNCILMAN MANSON Alright, then #3 we have $12,315.00 please appropriate from the unappropriated balance of the general fund. This is needed for our Lincoln Center III federal pump station and arena district rehab loan. That’s $12,315.00 and then $4,188.00 is this is our share the city’s share for the services from Johnson Controls for the rest of the year. No, for the first three months of the year right? (That’s correct) Yes, this appropriation is necessary for Johnson Controls agreement to cover a three month period. Johnson Controls contract of ten years is now expired and we’re taking proposals at this time. So this will cover us until we have a new contract. Number 4, is $719.00 and this is please appropriate from the unappropriated balance of the OPWC loan payments fund 1342 $719.00 this is needed for the Lincoln Center Phase III federal pump station and arena district rehab. Then the last one section 5 is $400.00 we’re asking that $400.00 be appropriated from the unappropriated balance of the parking enforcement fund into an account 1208 parking permit contract. This money is needed to pay SARTA for their parking permits at the garage. That’s for the parking deck over here we share parking revenue with SARTA. Are there any questions from anybody? COUNCILWOMAN CATAZARO-PERRY – Could you repeat what the $12,315.00 is for Paul, please? Section 3, transfer debt retirement. COUNCILMAN MANSON Alright, $12,315.00 is this is debt retirement for Lincoln Center Phase III federal pump station and arena district rehab loan. That’s the loan we have. COUNCILMAN SLAGLE – Yeah, I think I mentioned this to you in section 1 then for the purchase of the new roller or is that just transferring the funds into it and then they’ll come back to us to tell us what they’re actually purchasing… AUDITOR FERRERO – It’s in another ordinance that you’re going to accept the contract. This is just appropriating the money. COUNCILMAN SLAGLE – Okay, that’s all I needed to know. Thanks. 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. 154 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 155 2008 BY: FINANCE COMMITTEE Reducing the appropriation in the Bond Retirement Lincoln Center Fund, Golf Fund and the Park Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Basically, what we’re doing here we’re taking those out of last year’s budget because we didn’t have enough money to put into those accounts. So we’re just taking it off the books. 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. COUNCILMAN MANSON Could I just say something that Pat informed today on that? If we wouldn’t do that they’d be the state auditor would give us a little bit of grief over that. So, that’s why we do that. ORDINANCE NO. 155 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 156 2008 BY: FINANCE COMMITTEE Making certain transfers in the 2008 appropriations from within the General Fund, for the year ending December 31, 2008, of the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANSON Okay, these are transfers to make to pay our bills at the end of the year. We’re transferring in section 1 from you can see the list of utilities, hospital, eye and dental, auditor’s salary and all those things a total of $46,246.00. That will be going to fire salary, police overtime, hospital, eye and dental, building salary, county and state fees, police PERS and you can see the list of all those. Then on the second page we are transferring that from where it says income tax refunds $2,654.00 that whole list there that totals $15,536.00 and that will be going to $13,036.00 will be going to police salary and then the other $2,500.00 goes to the law director, the law director’s staff salary. Any questions; we have the law director, we have the auditor, we have the mayor. 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. 156 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 157 2008 BY: FINANCE COMMITTEE Amending Ordinance No. 1 – 2008 by revising Section 4 of the 2008 budget, and declaring an emergency. COUNCILMAN MANSON Okay, section 2, what we have there is we have to give those an actual number for the end of the year. I don’t know if everybody has these sheets that went out during the work session just like the general fund fire pension we only appropriated $249,000.00 at the start of the year and put $249,000.00 into the budget. That ends up being $474,000.00 for the police pension we give it $200,914.00 is the number we gave it last January. It ended up being $380,923.00 and then general fund Lincoln Center Phase II bond retirement fund we put up we had $630,900.00 and that actually ended up being only $526.00 and that’s because we took it out to bond right? Okay, then there’s that $12,315.00 again from the general fund to the Ohio Public Works debt fund. Okay, are there 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. 157 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. Amending Ordinance No. 143 – 1976 by repealing Section 13 – “ALLOCATION OF FUNDS – INCOME TAX” and enacting a new Section 13 – “ALLOCATION OF FUNDS – INCOME TAX” and repealing Ordinance No. 75 – 2008, and declaring an emergency. COUNCILMAN MANSON I think this is pretty self explanatory we’ve been through this. We changed the split during the year because we didn’t have adequate funds in the general fund. So we’ll be changing back to the 95/5 split that we started out this year. We have to do that to take it back. COUNCILWOMAN CATAZARO-PERRY – I just have a comment I think that we should be realistic that we may need to take it back to the other 97/3 and just I think that’s just a legitimate comment to make and that we should be prepared that council may need to do that in the future. COUNCILMAN MANSON Yeah, we hope we don’t have to do that but we had no choice this year. 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. 158 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 159 2008 BY: FINANCE COMMITTEE Authorizing the Auditor of the City of Massillon to deposit the three-tenths percent (.3%) City Income Tax for the Parks and Recreation System into the “Parks and Recreation Operations Fund”, “Parks and Recreation Debt Retirement Fund” and the “Park and Recreation Capital Improvement Fund, and declaring an emergency. COUNCILMAN MANSON Yes, what we’re doing here is because of the what we did with the adding the golf course debt to the general fund we will be changing this split it was 56.5 parks and rec. operations 40% parks and rec. debt retirement and 3.5% for park and recreation capital improvement. We don’t have to do that now because of that change we made. So we’ll be taking the split for the city the parks department of the city income tax the 56/44. COUNCILMAN SLAGLE – So 0% is going into parks and recreation that should be capital by the way with an “a” as opposed to an “o”. That means they don’t have any money for capital improvements? COUNCIL PRESIDENT GAMBER Do you want to call the auditor up? COUNCILMAN SLAGLE – Yeah, the auditor can answer it. AUDITOR FERRERO – In the other we took money out so that park and rec. could pay the debt for the golf and now we’re reducing that to adjust it to the 2009 budget. We don’t need it to be distributed that way any longer. COUNCILMAN SLAGLE – Oh, okay. AUDITOR FERRERO – Any other questions? COUNCIL PRESIDENT GAMBER Mrs. Ferrero, am I correct that the rec. board approved this through their own vote before it came to council, correct? AUDITOR FERRERO – Correct. They’re very happy. 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. 159 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 160 2008 BY: FINANCE COMMITTEE Repealing Ordinance No. 134 – 2005 authorizing and directing the Auditor of the City of Massillon as of January 1, 2009 to deposit funds received from golfing fees at the Legends of Massillon Golf Course into the Legends Operations 2104 Fund and the Legends Bond Retirement 1302 Fund, and declaring an emergency. COUNCILMAN MANSON Yes, first thing I want to point out it’s not a big deal but there’s a typo when you go down to the second whereas the last line where it says retirement fund 1302 COUNCIL PRESIDENT GAMBER Alright, we will call that a typo it is 1306 and I assume it’s correct after that. COUNCILMAN MANG So change the title too? COUNCIL PRESIDENT GAMBER Thank you, Mr. Mang, we will change that in the title the bond retirement 1302 will be 1306. You have the floor. COUNCILMAN MANSON Okay, you can see on this what we did is 100% is being deposited in the Legends fund 0% shall be deposit toward bond retirement. The legislation 134 if you have a copy of it we were putting 75% of the monies into the golfing fees into the Legends Operations Fund and 25% of the money was going into the Legends Bond Retirement Fund. So that’s the difference there. Yes, Mr. Slagle? COUNCILMAN SLAGLE – Obviously the bond is being paid through any other transfer somewhere? AUDITOR FERRERO – Actually the 1302 used to be an account but that’s now gone away and it’s changed to 1306. What this is we’re changing this because now the general fund used to be a 75/25 split now the general fund is going to be picking up that cost. So this increases the operating and maintenance to the golf of about by $209,145.00. So all of it will go be going… COUNCILMAN SLAGLE – To the daily operations of the course. AUDITOR FERRERO – That’s correct. COUNCILMAN SLAGLE – And we’re picking up the bond retirement from some other fund is that what the 300 transfer was? AUDITOR FERRERO – Yes, we are picking that up in the general fund. COUNCILMAN SLAGLE – Thank you. 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. 160 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 161 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract with The Health Plan for health insurance coverage for City employees, and declaring an emergency. COUNCILMAN MANSON Yes, this is something I was talking about a little earlier. This will permit the Director of Public Service and Safety to enter into contract with The Health Plan. The contract would be effective January 1, 2009 through December 31, 2009. It will be going up from last year $116,448.00 that’s a 6.3% increase and the estimated expense for the year will be $1,962,874.00. 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. 161 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 162 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract with Southeastern Equipment Co., Inc for the purchase of one (1) roller for the Street Department, and declaring an emergency. COUNCILMAN MANSON Yes, I just have to ask if there’s any questions it was my intention to move this forward. COUNCILWOMAN CATAZARO-PERRY – I just have a comment this has been one of the biggest areas of concern for residents in ward 3. I think it’s wonderful that we are finally purchasing a roller for our streets. COUNCILMAN SLAGLE – I think it’s wonderful we’re purchasing a roller but I’d like to know what kind it is, who put it in. COUNCIL PRESIDENT GAMBER Who are you asking? COUNCILMAN SLAGLE – Well, I’d ask Mike but he’s not here. COUNCIL PRESIDENT GAMBER Mr. Mayor or Mrs. Ferrero, which of you would like to come forward? MAYOR CICCHINELLI – You have a question, Mr. Slagle? COUNCILMAN SLAGLE – Yeah, its $59,158.00 for a street roller was that competitive bidding? MAYOR CICCHINELLI – That’s basically the only bid we got. COUNCILMAN SLAGLE – And who was it from and what was the what are we getting that seems like a lot for a street roller to me. MAYOR CICCHINELLI – Well, I mean we’re talking a large piece of equipment to do a lot of tedious work. So I mean I don’t what street rollers you’re talking about but this is a pretty good size piece of equipment and it will help save us I think a lot over the long haul save us a lot of money in preserving and getting more use out of our streets. Where you have certain cracking instead of resurfacing the whole street you just resurface a portion of the street. So I mean that’s the only bid we got… COUNCILMAN SLAGLE – We don’t know what size it is? I mean… MAYOR CICCHINELLI – Well, I don’t know what size it is but I mean it’s… COUNCILMAN SLAGLE – Who makes it? MAYOR CICCHINELLI – I don’t know that. I mean why what are you concerned about? COUNCILMAN SLAGLE – Its $60,000.00 for a piece of equipment I think I should know what the equipment is other than it’s a street roller. That’s all I’m concerned about. MAYOR CICCHINELLI – I don’t know what else you really want to know about it. COUNCILMAN SLAGLE – Manufacturer, list price, who put the bid in? MAYOR CICCHINELLI – Well, we do have that, Southeastern Equipment Co. COUNCILMAN SLAGLE – Where are they from? MAYOR CICCHINELLI – I don’t know that. I mean when you only have one bid that comes in for a piece of equipment that you advertised for I mean… COUNCILMAN SLAGLE – Well, I… MAYOR CICCHINELLI – And I…we thought it was a reasonable amount judging from what estimates we had went as high as $65,000 - $68,000.00 when we got the $59,000.00 we thought it was reasonable. But… COUNCILMAN SLAGLE – It may well be I don’t have the bid to compare it to. I know other street rollers cost less that’s all I can. MAYOR CICCHINELLI – Well, where did you get that information? COUNCILMAN SLAGLE – I went online and looked what other cities were purchasing street rollers for. I mean but I might be comparing apples to oranges. I mean here’s a street roller for $35,000.00 you know the Village of LaGrange purchased one for had four bids the average for $30,000.00 $33,000.00 and $36,000.00. MAYOR CICCHINELLI – When was those bids was that this year? COUNCILMAN SLAGLE – September of 2008. So my problem is it appears to be more than what other cities are purchasing street rollers and that might be a reason for that. MAYOR CICCHINELLI – I do think I mean I’m not an expert on street rollers but I do think there are different size street rollers. I think this is a larger street roller, but I mean I didn’t know I would have been more prepared if I would have known ahead of time that we had a lot of questions because I know this went through the committee structure and Mike was here why wasn’t this all discussed then? COUNCILMAN SLAGLE – I asked Mike then. MAYOR CICCHINELLI – And what did he tell you? He didn’t know? COUNCILMAN SLAGLE – No, he said he’d get it I haven’t seen it. So… MAYOR CICCHINELLI – Okay, I mean I’m sorry for not being prepared because I think I’m normally more prepared than this. But I don’t know what else we can say. COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON – We did what we had to do right as far as we approved it going out to bid and then you know we entered into a contract and now we’re going to buy the thing. I just don’t I don’t see why we should continue to keep hashing it out myself. COUNCIL PRESIDENT GAMBER May I ask a question? With this particular unit they obviously come in different sizes this was recommended by the street department or the engineer that this is what they needed. MAYOR CICCHINELLI – To do the work we want to do, yes. I mean there are various size rollers I know that. But we want one that will be able to maximize life expectancy of the streets. This is probably a larger one Larry than the ones that those other communities have. COUNCILMAN SLAGLE – My objection is not that we’re buying a street roller I think that’s an excellent idea to repair the streets that we have something that actually flattens the surface of the street down. We probably can do better patching than what we’ve got with the equipment we have now. My concern is that its still a $60,000.00 piece of merchandise and I think we should know what that merchandise we’re purchasing is; the size, the manufacturer and the length of it. MAYOR CICCHINELLI – The street superintendent, the operations superintendent knows what it is I assumed Mike knew. I did not know this was a big issue I wish someone would have told me then I would have been more prepared. But that’s what you have committee meetings for and if Mike didn’t get back to you that’s his fault. But you know you could have called him too to avoid this embarrassment I guess. COUNCILMAN SLAGLE – Well, I wouldn’t be embarrassed by it. MAYOR CICCHINELLI – I just like to be more prepared than that but I didn’t know it was that big of an issue. COUNCILMAN SLAGLE – I thought I talked to him on Friday and I mentioned it then too and… MAYOR CICCHINELLI – And what did he… COUNCILMAN SLAGLE – Well, he indicated that he has the contract…that the contract for the obviously there’s a contract that says here’s the purchase agreement and that would be available. So I thought it would be available tonight. That’s all. MAYOR CICCHINELLI – Yeah, well he didn’t he gave me other information questions that we anticipate coming up from the committee meetings but he didn’t give me anything like that. COUNCIL PRESIDENT GAMBER If I could interject perhaps Mr. Manson in the future when we do buy equipment or large items you can ask for a copy of the bid or you know the invoice that indicates exactly what’s being purchased. MAYOR CICCHINELLI – Yeah, I don’t know… COUNCIL PRESIDENT GAMBER Mr. Slagle, do you have any other questions? (No, I don’t, thank you) Does anyone else have any questions for the mayor? Thank you. Mr. Manson? COUNCILMAN MANSON – Is there anybody else that objects to it? I’m for just getting it moving myself. Well, how long is it going to take to deliver this thing? Do you have any idea? MAYOR CICCHINELLI – Well, I’m sure there’s not going to be too many streets that we’re going to be utilizing this piece of equipment for. But its probably 5, 6 week turn around I would presume. I’m guessing we’re going into the winter months as you know. 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, 1 no. ORDINANCE NO. 162 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. SLAGLE VOTED NO. ORDINANCE NO. 163 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a service agreement with Johnson Controls for the maintenance of heating and air conditioning for the Wastewater Treatment Plant, City Hall and Fire Stations 1, 2, 3 and 4, Municipal Annex Building and the city Garage, and declaring an emergency. COUNCILMAN MANSON We talked about part of this earlier. This is the one that we had to split $4,188.00 of it is the city’s as far as like the fire stations, municipal annex and city garage and the other part of it will be from the wastewater treatment plant. Any questions? 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. 163 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 164 2008 BY: FINANCE COMMITTEE Appropriating money for current expenses and other expenses of the City of Massillon, Ohio, for the fiscal period ending December 31, 2009, and declaring an emergency. COUNCILMAN MANSON This is the budget. Simple as that any questions or anything you want to say or comments? COUNCILWOMAN CATAZARO-PERRY – We had a one hour meeting about an hour meeting this evening before council and I do have some concerns as I spoke with the Mayor and council about this evening. We are projecting about a $2.7 dollar deficit there are some areas that we can gain some revenue as the Mayor spoke of inheritance tax, Case Farms and Shearer’s additional revenue for building, negotiating the food service, selling of assets. But still we have a shortfall and I am going to vote yes this evening but I do have some grave concerns and I really think it’s a great idea that Paul came up and the Mayor that we meet periodically every month to really watch this budget. I think we’re going to have a really tough time this year, as the previous finance chair I know we’ve watched it before. But with the recession and people losing their homes and decreased revenues I think it’s a smart thing to do to stay on top of this and I think we really truly need to work as a team to make sure that we come out in the black at the end of 2009. 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. 164 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCIL PRESIDENT GAMBER I might be wrong this is one of the few times we’ve passed it at a regular meeting before the end of the year without having to call a special meeting. ORDINANCE NO. 165 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Accepting an application for annexation for territory to the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANG I think we do have to recognize Mr. Manson will probably want to abstain from voting on this piece of legislation. (Yes) COUNCILMAN MANG moved to excuse Councilman Manson from voting on Ordinance No. 165 – 2008 reason being that he is a relative of the owner. Seconded by Councilman Slagle. Roll call vote of 8 yes to excuse Councilman Manson from voting on Ordinance No. 165 – 2008. COUNCILMAN MANG This piece of land was presented to the Stark County Board of Commissioners and they approved it. Then the Tuscarawas Township Trustees filed an appeal back on May 15 and on October 22 the court ruled in favor of granting the annexation. The mayor is telling me along with the law director that he thinks enough time has elapsed that we could go ahead and bring this piece of legislation forward for it to be part of the City of Massillon. COUNCILMAN PETERS – When will this take effect immediately? COUNCIL PRESIDENT GAMBER It depends on whether it passes by two-thirds. Mr. Mayor, if you would like to come forward. If you look at section 3, it will indicate when it passes. COUNCILMAN PETERS – I’m looking at that but it doesn’t really say. COUNCIL PRESIDENT GAMBER If the Mayor signs it, it goes into effect immediately. MAYOR CICCHINELLI – I will sign this ordinance tonight it goes into effect tonight if any emergency occurs God forbid it will be covered by the city police and fire department. They’ve already been notified the maps have been changed. COUNCILMAN PETERS – That was the reason for my question I mean because…that’s what I was getting at. MAYOR CICCHINELLI – For safety services the both departments have already been notified that as soon as council passes tonight and signed by me it will be in effect. COUNCIL PRESIDENT GAMBER If it would pass by simple majority it would require a 30 day wait. So we do need two-thirds for immediate passage. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 165 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER It has passed it has received two-thirds so as soon as the Mayor signs it, it is effective. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $798.32 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). POLICE CHIEF SUBMITS MONTHLY REPORT FOR NOVEMBER 2008 COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we will of course file all of those reports. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regarding committee meetings next Monday is the fourth of five in December so there will be no committee meeting until the 29th. For your information Council Clerk will be out of the office Friday the 19th and also Monday the 22nd. She does have comp hours and what not coming and we’ve been making sure that she follows the schedule and takes the time that is coming to her. 13. CALL OF THE CALENDAR 14. THIRD 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 We’ve been holding this piece of legislation up because we hadn’t notified the affected school areas and this has now been completed they have indicated that they have no problem with this. COUNCILMAN MANG moved to bring Ordinance No. 136 – 2008 forward for passage, seconded by Councilman Hersher. ORDINANCE NO. 136 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. .SECOND READING 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 Second reading, public hearing January 5th at 7:00pm. I haven’t forgotten you, Mr. Stergios. ORDINANCE NO. 147 – 2008 WAS GIVEN SECOND READING. 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 Department, and declaring an emergency. COUNCILMAN MCCUNE Yes, before we go forward with this I understand there’s been some movement with SCOG and this may be the last time that we have to pass one of these. Mr. Mayor, would you like to come forward, please? Would you like to just give us a little over view of the movement that’s been made with SCOG and the money that may be saved the city if this goes forward? MAYOR CICCHINELLI – Yeah, as I’m sure all of you have seen by now and heard by now the Commissioner Bosley has proposed a slight increase in the sales tax for the county to take care of the cost of dispatching more centralized 9-1-1. There’s still details to be worked out as to how many actual dispatching centers there’ll be but in essence what it does is consolidate six or seven different centers into maybe two, one or two. Those details have to be worked out. But the great thing is it will save all the municipalities in the county as well as the other governmental entities that do dispatch monies in their general funds. For example it has been estimated that we would save somewhere between $465,000.00 to $500,000.00. I think its an area where government can be consolidated and get a bigger bang for the taxpayers buck. We certainly support it 100% I will be meeting later this week with the other mayors of municipalities and we will be coming out publicly in favor of this. I’ve already been quoted in the news media that I support it. But I think we want to take a united front and that meeting will be held later this week and you’ll be seeing something in the paper. But that’s basically what it is its just a consolidation of 9-1-1 services into a more centralized type of agency. COUNCILMAN SLAGLE – In the event of passage then there’s an out in this contract I mean this would be void in the second year obviously. MAYOR CICCHINELLI – Yes, there is an out in the contract in case it passes. COUNCILMAN MCCUNE 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. 150 – 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 COUNCIL PRESIDENT GAMBER I would like to mention I think we have perfect attendance from our audience Pinkie, have you missed a meeting this year. (I missed one) Donnie’s keeping track did he vote no that night? Thank you very much for being here as often as you are with no other business we are adjourned for the year. 18. ADJOURNMENT COUNCILMAN MCCUNE – I move that we adjourn, seconded by all.
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