MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, TUESDAY, JANUARY 3, 2012 

COUNCIL PRESIDENT GAMBER I'd like to welcome all of you to Massillon City Council for Tuesday, January 3, 2012.  We have quite a number of city officials with us this evening most of them are new.  So what I will do is recognize for the record that the Mayor Kathy Catazaro-Perry is here and I’ll recognize her so she can introduce the rest of the city officials this evening.  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. 

MAYOR CATAZARO-PERRY – Tonight we’d like to introduce some new members of our I call it the A Team we like to let you have a face with the name because sometimes its hard when you make a phone call to know who you’re talking to.  So tonight I brought with me George Maier, he will be the Safety Service Director, the Budget Director the position that you all the past  council has approved Ken Koler, Tonya Stuck will be the Administrative Assistant to the Mayor, Margaret Elum will be the Administrative Assistant to the Safety Service Director, Theodore Herncane will be the Community Development Director and I’d like to let everyone know that Aane Aaby has agreed to stay for 30 days to allow some training with Teddy.  So we’re very happy that Aane decided to do that.  Joe Berens will be our Street Operations Director and Joe’s already been hard at work and Bill Kraft will be our Chief Building Official and most of you know Bill from the past.  That’s all we have for right now so thank you for allowing me the opportunity to introduce them. 

COUNCIL PRESIDENT GAMBER Thank you.  We have a few hold overs we have our City Engineer Keith Dylewski.  We also have the Auditor Jayne Ferrero and the Law Director Perry Stergios.  And Fire Chief Tom Burgasser.

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan Sarita Cunningham-Hedderly, Nancy Halter, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

A.  APPOINTMENT OF COUNCIL CLERK

COUNCIL PRESIDENT GAMBER At this point since this is the first meeting of the New Year we do need to do several housekeeping duties.  We have to appoint a Clerk, a President Pro-Tem and also adopt committees.  So at this point I will mention that we have Resolution No. 1 – 2012 available for the present Council Clerk.  What we will do is take nominations from the floor if there’s only one we’ll stop the nominations at that point.  If there are more than one will have a secret ballot election as described by the rules.  Mr. Townsend?

COUNCILMAN TOWNSEND I would like make a motion for executive session for all nine members of city council and the law director. 

COUNCIL PRESIDENT GAMBER Alright and the reason for executive session?

COUNCILMAN TOWNSEND Discuss personnel issues.

COUNCIL PRESIDENT GAMBER Alright, Mr. Law Director is that an appropriate reason?  (Yes, sir)  Alright we have a motion seconded by Councilwoman Cunningham-Hedderly. 

Roll call vote of 9 yes to go into executive session.

COUNCIL PRESIDENT GAMBER Alright, we will adjourn to executive session.  We will meet in the conference room.  Alright we are back in session we are considering the appointment of the Council Clerk.  At this point I’m open to nominations from the floor.   Mr. Townsend?

COUNCILMAN TOWNSEND I would like to make a motion to amend section 1 of Resolution No. 1 to reflect…

COUNCIL PRESIDENT GAMBER We’re looking for nominations Mr. Townsend, we need a name.  Do you have a nomination for Clerk?

COUNCILMAN TOWNSEND No.

COUNCIL PRESIDENT GAMBER Alright, is there anyone who has a nomination for Clerk?  Mr. Peters?

COUNCILMAN PETERS I nominate Mary Beth Bailey.

COUNCIL PRESIDENT GAMBER Is there a second? Seconded by Councilman Manson.  Alright, Mr. Townsend you have an amendment to suggest?

COUNCILMAN TOWNSEND Yes, sir.  Section 1 it states Mary Beth Bailey to be appointed Clerk of Council of Massillon to serve for the term of 2012 to 2013 the amendment will reflect not 2012 to 2013 but until March 31, 2012.

COUNCIL PRESIDENT GAMBER The city code indicates that the officers and employees shall serve for two years but maybe removed at any time for cause at a regular meeting by vote of two-thirds of the members elected.  In my opinion we are considering a two year appointment.  If and when March 30 or any other date comes and you wish to remove her that would be the appropriate time.  In my opinion its not appropriate to amend this since the term is for two years.

COUNCILMAN TOWNSEND Can we call the law director up?

COUNCIL PRESIDENT GAMBER We sure can if you’d like to.  Mr. Stergios?

LAW DIRECTOR STERGIOS – Mr. Townsend?

COUNCILMAN TOWNSEND What is your opinion to what Mr. President just stated.

LAW DIRECTOR STERGIOS – I wasn’t sure what rule he was referring to.  But I can see that its 121.02 which does say the officer shall serve for two years but may be removed at any time for cause at a regular meeting by a vote of two-thirds of the members.  I think it’s a valid point by the President but I also will state what I said earlier you as a council have the authority to revisit the issue I think at any time be it 90 days, 6 months it seemed the consensus was to make it 90 days.  So I hadn’t really researched the issue or been prepared to answer that tonight.  But I still think as a body of the whole you guys can amend it and make it say whatever you want it to say.  But it may become an issue.

COUNCIL PRESIDENT GAMBER What is your final comment?

LAW DIRECTOR STERGIOS – Whether it says that or not you have the ability to revisit it so I don’t I mean I said earlier I don’t think it matters whether there’s a specific date in there or not you have the ability to go back within 90 days or 6 months.  So if you leave it as is it’s the same result either way, you can still revisit the issue. 

COUNCILMAN CHOVAN Could we also then if that’s what was the rule the number of that rule 12…

LAW DIRECTOR STERGIOS – 121.02 of the city ordinance.

COUNCILMAN CHOVAN So we can also if we want not here and not now but we could also change that rule if we wanted couldn’t we?

LAW DIRECTOR STERGIOS – I believe so.

COUNCIL PRESIDENT GAMBER Council can always change a rule.  The rule says that within ten days of commencement of their term the members of council shall elect a President Pro-Tem, a Clerk and other employees of council as maybe necessary.  The officers and employees shall serve for two years but maybe removed at any time for cause at a regular meeting by a vote of two-thirds of the members elected to council.  My position is council has the authority at anytime to remove her if that’s what you chose to do.  In my opinion we should follow the rule and the ordinance and the election of a Clerk is for 2 years.  That’s the ordinance if you want to change that next week or 90 days or whatever you have that option.  It’s not as though that door is shut to you.  I believe that’s what I hear you say…

LAW DIRECTOR STERGIOS – That’s what I’m trying to say maybe in an in artful way. 

COUNCIL PRESIDENT GAMBER Any other questions for law director?

COUNCILMAN TOWNSEND Not for the law director?  Just a statement you know I want to clarify something.  It’s not about Mary Beth and we’re going to discuss it down the road what we discussed in executive session if we can do that.  But you said remove Mary Beth its not about Mary Beth its about the position itself.  Like I stated we’ll discuss that at work sessions and other meetings to come.

COUNCIL PRESIDENT GAMBER Alright at this point we have a motion to nominate Mary Beth Bailey and we have a second.  Is there any other nomination from the floor?  In the absence of any other nomination I declare that the nominations are closed.  Mr. Peters, would like to make a motion regarding the resolution.  I’m sorry that was the nomination now we need a motion to suspend the rules and bring Resolution No. 1 forward if you would like to do that.

 

RESOLUTION NO. 1 B 2010                     BY:   COMMITTEE OF THE WHOLE 

Appointing Mary Beth Bailey as Clerk of Massillon City Council and establishing salary for said position.   

 

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Manson.

The rules were suspended by a roll call vote of 9 yes.

RESOLUTION NO. 1 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

At this time Mary Beth Bailey took her oath of office as Massillon City Council Clerk.

B.  NOMINATION AND ELECTION OF PRESIDENT PRO-TEM OF COUNCIL.

COUNCIL PRESIDENT GAMBER Item 2 is the nomination and election of President Pro-Tem.  The President Pro Tem’s duty are described in the Council rules at this time we will take nominations for President Pro Tem.  Mrs. Halter?

COUNCILWOMAN HALTER I would like to nominate Donnie Peters for President Pro Tem of Council, seconded by Councilman Lewis.

COUNCIL PRESIDENT GAMBER He is properly nominated are there any other nominations for President Pro Tem?  If not I will declare the nominations closed since we have only one I would just go by voice vote.  We are allowed to secret ballot in the event of more than one candidate but since there is just one is there any objection to a voice vote?  At this time all of those in favor of Donnie Peters as President Pro Tem please say I, opposed?  The I’s have it Mr. Peters is the Pro Tem.

C.  ADOPTION OF COUNCIL COMMITTEE ASSIGNMENTS

COUNCIL PRESIDENT GAMBER  And last item on our list is the proposed council committees for the next two years.  Does everyone have a copy of the proposed committees?  At this point I will recognize our new President Pro Tem Donnie Peters for any discussion. 

COUNCILMAN PETERS Everyone has a copy of the list of committees.  So we’ll open it up or should I go ahead and make the motion to…I’m going to make the motion that we accept the list of committees and then we’ll get a second and then we can discuss. 

COUNCIL PRESIDENT GAMBER Alright, we have a motion do we have a second?  Seconded by Councilman Slagle.  Is there any comment or discussion?  Again, I might add council rules do allow for these committees to be changed at any time by two-thirds vote of council members.  So quite often there are changes during the two years. 

Roll call vote of 9 yes for the adoption of the council committee assignments.

2. INVOCATION

COUNCILMAN PETERS Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN PETERS – Chairman of the Health, Welfare & Building Regulations Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT GAMBER - Madame Clerk, are the minutes of the previous meeting transcribed and open for public viewing?  (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

CINDY BRATON – 927 3rd Street NE.  I wondered the appointment of Mary Beth it says that you would say something about her salary and for in the future if someone would want to petition for that position that might be something that would be appropriate.  The other thing I would also like to address is I also say please, please, please don’t sell any of our parks.  Once they’re gone, they’re gone that’s history that’s something for our children.  I don’t have any children I have cats but it doesn’t matter the parks are important and they’re a really important part of our city.  That’s all I have to say and I’m glad to be here and I’m glad you all are too.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT GAMBER - Alright, before we get into the introduction of ordinances and resolutions we have an addition to the agenda.  We have item 10c which will be a mayoral appointment to the recreation board. 

ORDINANCE NO. 1 - 2012                        BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from R-1 One Family Residential, RM-1 Multiple Family Residential, O-1 Office and B-1 Local Business to O-2 Office.  

 

COUNCILMAN MANSON – Yes, this rezoning has to do with Affinity Medical Center and they are wanting to add on to their emergency room.  We will be having a public hearing since this involves rezoning on February 6th at 7:00pm right here.  First reading.

ORDINANCE NO. 1 – 2012 WAS GIVEN FIRST READING.

ORDINANCE NO. 2 - 2012                        BY:   POLICE AND FIRE COMMITTEE

Authorizing the Director of Public Service and Safety to accept an AFG Grant (EMW-2011-FO-05487) from the Federal Emergency Management Agency (FEMA) and the Ohio Department of Homeland Security (DHS) for the Massillon Fire Department, and declaring an emergency.

 

COUNCILMAN CHOVAN – Yes, this ordinance is coming at the chief’s request he’s has been awarded this grant.  The grant is for new self contained breathing apparatus training for fire personnel and self rescue and rapid intervention team response.  Tonight I’m going to ask that we suspend the rules and waive the three readings on this because we have a deadline of January 16th by which we have to accept this grant.  If we don’t accept it, it moves on to the next grant recipient and we’re left out of this.  What we’re doing tonight is accepting the grant and agreeing that we will come up with $47,124 as our share of this.  So that’s saying where its coming from only that we will agree to do that. 

COUNCILMAN CHOVAN moved for suspension of the rules and passage, seconded by Councilman Slagle.

COUNCIL PRESIDENT GAMBER – Are there any comments or discussion on the ordinance?  Mr. Peters?

COUNCILMAN PETERS – Mr. Chovan, you wasn’t at the work session the other night and I’m not blasting you for that I just but I made it perfectly clear that night when I was running that committee I have no objections to receiving this grant.  But I stated this the other night we have a fund within the fire department that Mr. Manson passed a couple of years ago or a year ago that puts money into a capital improvement fund for strictly the fire department.  I would just ask council to keep that in mind because we will have to vote where the funds come from.  I say that, that comes out of that fund not out of any other fund.  I just want to put that out there so everybody is aware is it.  Other than that I have no problem with the grant or anything else its nothing but good.  But I just want to make sure that the money comes out of where it should.  That’s all I have.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 2 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.  

ORDINANCE NO. 3 - 2012                        BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY  

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to submit an application for 2012 Municipal Road Funds for the Lincoln Way (SR 172) Paving Project, and declaring an emergency.

 

COUNCILMAN TOWNSEND – I would like to call up the city engineer so he can just briefly explain what this ordinance entail mainly for the purpose of the new council members. 

ENGINEER DYLEWSKI – Sure this is through Stark County for the municipal road fund.  The project is paving of Lincoln Way from 3rd Street to the east corp. line.  It is a joint project with ODOT to commence this summer of 2012.  This portion that we will be applying for goes towards our cost share of the project. 

COUNCILMAN TOWNSEND – And this needs to be passed tonight? 

ENGINEER DYLEWSKI – We have until the 31st so you could give it…

COUNCILMAN TOWNSEND – Needs to be passed tonight.  Alright, thank you very much.

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. 3 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A.  ENGRAVERS GALLERY - $323.00
B.  COPECO - $666.00

COUNCIL PRESIDENT GAMBER – We need a motion to pay the bills, Mrs. Halter.

COUNCILWOMAN HALTER – I move that we pay the bills, seconded by Councilman Slagle.

Roll call vote of 9 yes to the pay the bills.

10.  REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR DECEMBER 2011 B COPY FILE
B). AUDITOR SUBMITS MOHTLY REPORTS FOR DECEMBER 2011 B COPY FILE

COUNCIL PRESIDENT GAMBER – We have a report for monthly permits which will go on file.  We also have the auditor’s monthly report and we need a motion to accept that report Mrs. Halter.

COUNCILWOMAN HALTER – I move that we accept the auditor’s report, seconded by Councilman Manson.

Roll call vote of 9 yes to accept the auditor’s report for December 2011.

COUNCIL PRESIDENT GAMBER – I’ll recognize the mayor now regarding the appointment to the recreation board.

MAYOR CATAZARO-PERRY – Tonight I bring forward my first appointment for your approval for the rec. board his name is Mark Hickey.  He is a graduate of Washington High School and resides in Massillon, Ohio.  He’s been with the Farmer’s Insurance over 20 years, is married to Cindy Hickey.  We have chosen Mark because he actually utilizes our parks, utilizes the trail.  He is one of the residents that truly has a pulse on our parks and I think he’ll be an asset to the park and rec. board.  So I would like to ask for your approval this evening. 

COUNCIL PRESIDENT GAMBER – Does the members anything in writing?

MAYOR CATAZARO-PERRY – I turned it into the council clerk today, yes.

COUNCIL CLERK BAILEY – I just got it late today.

COUNCIL PRESIDENT GAMBER – Do the members have a copy?

COUNCIL CLERK BAILEY – No, I’ll make copies.

COUNCIL PRESIDENT GAMBER – Alright, we’ll take a moment to make copies.  While we’re waiting for the copies are there any questions for the mayor?  Mr. Peters?

COUNCILMAN PETERS – Yes, how many appointments do you have to make this year for that position?  (Just one)  Just the one position.

MAYOR CATAZARO-PERRY – Yes, and Mr. Hickey is here tonight if you’d like to meet him. 

COUNCILMAN PETERS – I know Mr. Hickey I don’t have to meet him once is enough. 

COUNCIL PRESIDENT GAMBER – Mr. Peters, just to clarify, Mr. Peters just to clarify you’re talking total appointments or appointments to the recreation board?

COUNCILMAN PETERS – Yeah, that’s what I’m asking. 

MAYOR CATAZARO-PERRY – Just to the rec. board for me its one this year. 

COUNCILMAN PETERS – You have one appointment this year?  (This year, correct)  Okay.

COUNCIL PRESIDENT GAMBER – Are there any other questions?  Mr. Slagle?

COUNCILMAN SLAGLE – Yeah, this appointment is for Tim Muzi’s spot?  (Correct)  I’d just like to say as chairman of the parks and rec. committee and having dealt with Tim over the last couple of years he did an excellent job tried to analyze the problems that we were having in the parks department.  But having known Mr. Hickey as well in the community I don’t have problem with the change but I just the people to know that Tim Muzi was doing a fine job on that board.

COUNCIL PRESIDENT GAMBER – I will recognize the chairman of the parks and rec. committee. 

COUNCILMAN SLAGLE – I would move that we accept the appointment of Mark Hickey to the recreation board for the five year term commencing January 1, 2012 as recommended by Mayor Catazaro-Perry.  Seconded by Councilman Lewis.

Roll call vote of 9 yes for the acceptance of Mike Hickey to the Massillon Parks & Recreation Board.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – I’ll remind there is a work session next Monday at 6:00pm.  Then the following Monday will be a holiday so we will meet on Tuesday the 17th.  This is a month with five Mondays so we will skip the next Monday and meet back again on the 30th. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 140 - 2011                    BY:  ENVIRONMENTAL COMMITTEE

Repealing Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new Section 965.09 “Collection Rates” of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION”, and declaring an emergency.

 

COUNCILMAN LEWIS – Yes, this is an ordinance from my understanding is just raising the rate of the collections for waste removal in the City of Massillon by $1.00 per month from $16.50 to $17.50 per month.  This is seems to be in line from what I see with other agents operating in the city. 

COUNCILMAN LEWIS moved to bring Ordinance No. 140 – 2011 forward for a vote.  Seconded by Councilman Manson.

COUNCIL PRESIDENT GAMBER – Is there any comments or discussion on the ordinance?  Mr. Peters.

COUNCILMAN PETERS – I voiced my opinion early on when this ordinance came forward.  I am totally against it.  The mayor present has asked that we table this so that they can revisit a few things and look over you know when she was on council she wasn’t for it.  So I’m going to vote against it just for the simple fact that I think there’s some things that need revisited and I’m not for doing that right now at this time. 

COUNCIL PRESIDENT GAMBER – Mr. Slagle.

COUNCILMAN SLAGLE – That was my concern too.  Since this came out of the previous administration I’d like to know the current administration’s position on it.  If its portrayed as Mr. Peters did then I would either be voting against it or voting to table it until we got an opinion from the current administration as to the need for this increase.

COUNCIL PRESIDENT GAMBER – Alright, are there any other comments or questions?

COUNCILMAN LEWIS – Are we able to table right now until…

COUNCIL PRESIDENT GAMBER – A motion to table is always there a motion to table will go to an immediate vote.  Is someone making that motion? Mr. Manson, discussion?

COUNCILMAN MANSON – Yeah, I think that would probably be the best decision right now to table that.  I don’t know what time period we would want to put it on.  I would think we should at least give it like two or three meetings.  Say three meetings from now and then start having some discussion with the new people on council then have it come back out and then we can act it at that time.

COUNCIL PRESIDENT GAMBER – Just a note to the newer members a motion to table I usually suggest that its tabled to a specific date that will automatically put it on the agenda at that point.  There is an option to table indefinitely in effect that sends it out into limbo someplace and it will not appear back on the agenda unless there is a request by council and a majority of the votes to put it back on the agenda.  So I’m just giving you that as a guideline.  Mrs. Scassa?

COUNCILWOMAN SCASSA – I agree that this should be tabled so that going back to Mr. Peters sentiment I agree with that completely until things are re-evaluated in that department.  Setting to a certain date two to three meetings I don’t know if we want to call up Madame Mayor to see if that will allow her enough time so we don’t end up in the same situation two to three meetings from now with not having the information perhaps to better make a better decision as to whether this increase is needed. 

COUNCIL PRESIDENT GAMBER – Are you calling the mayor forward?

COUNCILWOMAN SCASSA – Yes, please.

MAYOR CATAZARO-PERRY – I tell you that we did have a meeting with one of the employees that works in that department.  They shared with us that this would increase our rates our revenue about $50,000 and that is not going to be sufficient to cover the expenses.  So I would like to have the opportunity to review this so that we get our numbers down revenue versus expenses so that we can share that with city council. 

COUNCIL PRESIDENT GAMBER – Is there any questions for mayor while she’s up?  Mr. Peters?

COUNCILMAN PETERS – Could you give us a timeframe that you feel comfortable with like…

MAYOR CATAZARO-PERRY – If you could give us four to six weeks I think that would be adequate.

COUNCILMAN PETERS – That would be..

COUNCILMAN MANSON – Last meeting in February.

COUNCIL PRESIDENT GAMBER – We have a council meeting on the 17th of January, we have one on the 6th and the 20th which would put it out six weeks the 20th.  Mr. Manson?

COUNCILMAN MANSON – I make a motion that we table it till February 20th that would be seven weeks. 

COUNCIL PRESIDENT GAMBER – Seconded by Councilwoman Cunningham-Hedderly.  We’ll move to an immediate vote on that.

Roll call vote of 9 yes to table Ordinance No. 140 – 2011 until February 20, 2012.

ORDINANCE NO. 140 – 2011 HAS BEEN TABLED UNTIL FEBRUARY 20, 2012.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 145 - 2011                    BY:  ENVIRONMENTAL COMMITTEE

Authorizing the City of Massillon to file an application to the State of Ohio, to participate in the Clean Ohio Revitalization Fund, and declaring an emergency.

 

COUNCILMAN LEWIS – Yes, I’d like to call the engineer forward please. 

COUNCIL PRESIDENT GAMBER – Mr. Dylewski.

COUNCILMAN LEWIS – Yes, if you could briefly just restate what we had spoken about before about what exactly this fund is all for.

ENGINEER DYLEWSKI – Sure, this is for the former Republic Steel site currently the city has two grants through the state that goes to the consulting fees to do the assessment of the site.  They’re completing that and at this point these funds would be used for the clean up of the site itself.  The way the previous two grants work and the way this one is working is there would be no city funds applied toward this grant.  So zero percent grant from the city’s side of things.  So…

COUNCILMAN LEWIS – So essentially from my understanding we’re just acting essentially as a fiscal agent for the funds to pass through so that this developer can do what is necessary on the property.

ENGINEER DYLEWSKI – Yes, that’s correct the way the grant works they need a governmental agency to go through to secure the funding. 

COUNCIL PRESIDENT GAMBER – Mr. Chovan?

COUNCILMAN CHOVAN – Is this for the current owners?  (Yes)  Okay.

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – This would be the third environmental grant for this property in the last two years.  There was a $250,000, $300,000 I believe and now this would be either $2 million or $3 million just depending on how they whether they have somebody or don’t have somebody.  So I think it would be wise for us to move it along as rapidly as we can.  Plus there is a date on this also. 

ENGINEER DYLEWSKI – The 20th of January is when they need to have their application in.

COUNCILMAN MANSON – It needs to be done so we have a meeting like the 17th I think it would be better if we move this and we have no skin in the game other than maybe we get a huge development down there.

COUNCIL PRESIDENT GAMBER – Any other questions for the engineer?  Thank you, Mr. Dylewski.  Mr. Lewis?

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilman Manson.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 145 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 151 - 2011                    BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into Transportation Agreements between the City of Massillon safety forces and other political subdivisions safety forces of Stark County, and declaring an emergency.

 

COUNCILWOMAN HALTER – This is ordinance has been this will be the second reading for this ordinance.  It’s an agreement with several of our neighboring communities that we transport their prisoners or defendants to and from court from the Stark County Jail to our court and back to the Stark County Jail.  I understand that the police department already bill these subdivisions for this service.  This agreement would run from January 1st this year through December 31st of this year.  If there’s any questions we’ll entertain questions otherwise I will be bringing this forward for a vote tonight.

COUNCIL PRESIDENT GAMBER – Are there any questions?  Mr. Chovan?

COUNCILMAN CHOVAN – Yes, when we transport any of the prisoners are we responsible for any medical emergencies any health issues that may happen in route.  Do we know that?

COUNCILWOMAN HALTER – I can’t answer that. 

COUNCIL PRESIDENT GAMBER – I would suggest you either call the mayor or the safety service director.  Mrs. Halter, who would you like to call?

COUNCILWOMAN HALTER – I’ll call Mr. Maier.

SAFETY SERVICE DIRECTOR MAIER – What was the question?

COUNCILMAN CHOVAN – The question was if we are transporting somebody that is from another political division and there’s some sort of a medical treatment that needs to be given to that person are we responsible for paying for that?  How is that paid?  I mean I understand now like we transported people to Affinity we’ve got to put a guard there with them.  Who pays for all that I mean…

SAFETY SERVICE DIRECTOR MAIER – I think the answer that and defer to the law director for a legal answer but I think the answer to that would be it depends.  It depends on the type of treatment that they would need if they were hurt as a result of the transport, if there was an injury as a result of our housing or if it somebody that got ill while they were a prisoner in our facility.  So all those situations could change the answer to whether or not we would be responsible.  You could even go as far to say what if our transport vehicle is involved in a motor vehicle collision.  So then does the liability change and I really can’t answer that I think I would have to defer to the legal department on that.  But it really does depend on what the situation is.  But maybe this is helpful there could be some occurrences of expenditures as a result of some illness or injury. 

COUNCIL PRESIDENT GAMBER – While you’re here if you’ll just hold it for a moment the finance chairman has indicated she has something to add.

COUNCILWOMAN HALTER – Well, I was just I was reading just received this and I was just reading this and if you look on page 2 and page 3 it explains all about medical through team medical attention that maybe required can be provided to the Massillon City Jail it goes on about transporting to the emergency room, the guard for the prisoner.  On the second page its understood individual prisoners are primarily responsible for all cost of medical treatment or special medicine required.  It goes on so if you look at page 2 and 3 that pretty much explains it.  It’s in the contract from the police department. 

COUNCIL PRESIDENT GAMBER – Go ahead Mr. Chovan.

COUNCILMAN CHOVAN – Just one last question.  The fee arrangements are these the same as they’ve been over or have these been increased to cover increase costs.  I mean we’ve had these contracts going are these the same as they have been or has there been an escalator in it.

COUNCIL PRESIDENT GAMBER – Are you asking the law director or the safety service director? 

COUNCILMAN CHOVAN – Okay, yes.

COUNCIL PRESIDENT GAMBER – I’m just asking who are you asking.

SAFETY SERVICE DIRECTOR MAIER – I’m not sure if the fees are increased maybe somebody has…  Does it say in the legislation?

COUNCILMAN PETERS – The mayor can answer that.

COUNCIL PRESIDENT GAMBER – Alright are there any other questions for the safety service director?  Mr. Lewis?

COUNCILMAN LEWIS – Do you feel that this is something that necessarily has to be passed tonight or could we give it a second reading discuss it more and at the next meeting pass it?

SAFETY SERVICE DIRECTOR MAIER – I think it could be discussed, yes.

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – Yeah, we had Officer Lt. Peel I believe was here the other night.  He gave us some explanation you know that they used what the Internal Revenue Service use as far as mileage.  They charge for meals and then all of it goes together and then there’s a formula that’s broken down by the number of people that come from each political entity and that’s what their bill is.  We could have him back again I when I talked to him when he left he would come again and go through this with us if you’d like to do that again before third reading.

 COUNCIL PRESIDENT GAMBER – Are there any other questions for the safety service director?  Thank you very much.  My recollection is that the rates have increased over the last contract exactly what amount I don’t know.  Mr. Law Director?

LAW DIRECTOR STERGIOS – My recollection is that the ordinance was amended at first reading by deleting this sentence which I’m not sure if everyone remembers the same as…

COUNCILMAN MANSON – Section 3 we took one line out of section 3.  I’m sorry.

LAW DIRECTOR STERGIOS – Okay.

COUNCIL PRESIDENT GAMBER – The deleted section had to do with setting up a separate account for the funds that came in.

LAW DIRECTOR STERGIOS – I just wanted to make sure everybody was on the same page if they were going to pass it tonight.  I do think I wasn’t here for Officer Peel but I think the rates did go up they’re based on the prior calendar year the number of people that we transported.  But I couldn’t swear to that.

COUNCIL PRESIDENT GAMBER – Are there any questions for the law director?  Mr. Peters?

COUNCILMAN PETERS – Could we bring the mayor up?

COUNCIL PRESIDENT GAMBER – You may certainly bring the mayor up?  Madame Mayor, Mr. Peters has asked you to come forward.

COUNCILMAN PETERS – Madame Mayor, are you you’re aware of this ordinance and I think you did check the rates can you confirm that they did go up?

MAYOR CATAZARO-PERRY – Some of the rates did go down and we just began our first day yesterday so we’d like to have the opportunity to sit down with Lt. Peel and review those.

COUNCILMAN PETERS – Some of them went down?

MAYOR CATAZARO-PERRY – Some have gone down.  Yes, so we could just have the opportunity to sit down with Lt. Peel and understand their formula we would greatly appreciate that. 

COUNCIL PRESIDENT GAMBER – Ms. Scassa?

COUNCILWOMAN SCASSA – I would also like to point out to Madame Mayor I know that we were given a table with amounts and as you just stated some of them may have gone down, some of them may have went up.  If you look at page 2 of I’m assuming this is a contract that was sent out although there’s no title to it.  It just sort of starts with #2 I sort of and just concerned about provision 4 that talks about annual amounts be paid by each agency in 2002 then it speaks about calculations not being sent out to on or about January 30th.  So I guess I would like to maybe have another work session to discuss that issue too.  If contracts were already sent out to area jurisdiction with a certain amount and they’re agreeing to that and then if its looked at further and those amounts maybe different in addition to the fact that the language of the contract that we’re sending out is sort of indicating something different.  So I personally would like to see it go to a work session for that.

COUNCIL PRESIDENT GAMBER – Any other questions.  Thank you very much.  Back to you Mrs. Halter.

COUNCILWOMAN HALTER – I’ll give this second reading.

ORDINANCE NO. 151 – 2011 WAS GIVEN SECOND READING.

RESOLUTION NO. 17 - 2011                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

A Resolution rescinding Ordinance No. 98 – 2011.

 

COUNCILMAN MANSON – Yes, Mr. Lamonica the owner of the property is here.  I feel that we need to give this one more reading and we will have a discussion with the council next week’s committee meeting. 

COUNCIL PRESIDENT GAMBER – Are you giving this second reading?

COUNCILMAN MANSON – Yes, if there’s anybody wishes to talk to Mr. Lamonica would you please hold your hand up here in the front row after the meeting.  That’s it second reading.

RESOLUTION NO. 17 – 2011 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT GAMBER – Mr. Townsend earlier when you motioned to go into executive session you said you were talking about the position not the individual is that correct?

COUNCILMAN TOWNSEND – That’s correct.

COUNCIL PRESIDENT GAMBER – Alright, I have a concern then about the motion because the motion was to discuss personnel.  So there maybe a possibility that it was an improper meeting because of the way the motion was made.   If it has to do with the position that can be discussed openly.

COUNCILMAN TOWNSEND – Well, the person who’s in that position was also discussed.  But the way you were in my opinion the way you were kept saying Mary Beth, Mary Beth as though we it was exclusively about Mary Beth.  But we discussed her and the position.  So everything was proper.

17.  REMARKS OF DELEGATIONS AND CITIZENS TO ITEMS NOT ON THE AGENDA

18.  ADJOURNMENT

COUNCILMAN PETERS  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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