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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, January 7, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Law Director Perry Stergios and Engineer Keith Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILWOMAN CATAZARO-PERRY Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN CATAZARO-PERRY – Chairperson of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (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 KEVIN MCDONALD – I live at 2460 Bright State Drive, Massillon, 44646. Because of what I’m going to say has some numbers in it I printed it. Can I hand these out so everyone can follow along. COUNCIL PRESIDENT GAMBER Sure, does it indicate on there your name or anything like that so we know where that came from? Alright, if everyone would take just a moment when you receive that and jot down today’s date and what is your name, sir? KEVIN MCDONALD – Pardon me, you have to speak up. COUNCIL PRESIDENT GAMBER I said what is your name I would like the councilmen to write that on there on their sheet. KEVIN MCDONALD – Oh, Kevin McDonald. COUNCIL PRESIDENT GAMBER Mr. Kevin McDonald. KEVIN MCDONALD – And I’m a little hard of hearing. COUNCIL PRESIDENT GAMBER That’s alright. Alright, you may go ahead sir. KEVIN MCDONALD – Okay, I’ve titled it an Opportunity for Development and Course Improvements. In 2007, Legends Golf Course playing conditions improved but not on its own revenues, once again it needed help. The plan of debt consolidation of the course and recreation center… COUNCIL PRESIDENT GAMBER Excuse me, Mr. McDonald are you going to read this? (Yeah) Okay, I guess what I’m going to suggest is if its printed out verbatim perhaps the council members can just read this or do you have something in addition to this that you would like to add. KEVIN MCDONALD – Well, it’s only going to take 3 minutes. COUNCIL PRESIDENT GAMBER Alright, go ahead. KEVIN MCDONALD – It has now become necessary for the course to survive, now it is not only the debt owed to the bank, but also these internal loans which were supposed to have no effect on the recreation center, as they were from surplus monies the Recreation Center had at that time and were supposed to pay debt and be repaid in better times. Well, things got worse and the loans were not repaid, golf course revenues were down due the economy. Some cut backs in maintenance hurt the course reputation. The result of these loans caused other parts of parks department to cut back or raise fees. The golf course should support itself revenues are not expected to grow they may even decline no one can predict the future and now the debt is a major problem not just to the golf course but also to the city and that is why it is necessary to sell a portion of the golf course so as it can support itself once again. For those city counselors who need more time to make a decision or intend to vote no on the sale, I would ask you then how do you intend to fund the repayment of these loans? Selling part of the course will not only benefit the course it will benefit the section of town that would be developed and increase tax revenue for the city and schools. New construction brings about all the positive things a city needs to grow whilst all around stagnates it is a credit to those who have an investment in this city and have worked hard to attract new residents and new business. COUNCIL PRESIDENT GAMBER Thank you, Mr. McDonald. Is there anyone else who would like to speak to a topic on tonight’s agenda? GENE BURNER – 1507 Lincoln Way East in Massillon. I’m just here to see if there’s any questions concerning Ordinance No. 2 or Ordinance No. 4. If not I’ll go watch Ohio State. COUNCILMAN PETERS Yeah, there’s a lot of questions on Ordinance No. 2 and 4 and I think the chairman of that committee is only going to give Ordinance No. 2 a first reading tonight because there are a lot of questions to be asked. I mean and I’m on that committee and I think that the work session is the time and place to do that. I mean its up to the chairman, speak up chairman. COUNCILMAN TOWNSEND You’re doing a good job Donnie. Actually, I do have quite a few questions and I didn’t the gentleman was going to be here tonight. If I have known if I had someone to contact I probably would have spoke with him over the weekend. But I am going to give it first reading because I do have a few questions I’m pretty sure as do the rest of the council members. So tonight I will give it a first reading. COUNCIL PRESIDENT GAMBER COUNCILMAN MANG Are you suggesting that he come back for that meeting or do you have questions for tonight. COUNCILMAN TOWNSEND Yes, come back for the work session which is January 14th. You can leave the phone number I can get it from Mary Beth. But still if you could come back for the work session because I’m pretty sure other council members have some questions as well. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 2 2008 BY: PARKS AND RECREATION COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with Lake Region Oil, Inc., for the installation of a gas well at Community Park and another at Oak Knoll Park, and declaring an emergency. COUNCILMAN TOWNSEND – First reading. ORDINANCE NO. 2 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 3 2008 BY: PARKS AND RECREATION COMMITTEE Amending Section 2(D) OCCUPATION LIST OF CLASS TITLES = RECREATION DEPARTMENT AND THE GOLF COURSE DEPARTMENT of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – RECREATION DEPARTMENT AND THE GOLF COURSE DEPARTMENT, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – RECREATION DEPARTMENT AND THE GOLF COURSE DEPARTMENT, in the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN TOWNSEND The passage of Ordinance 3 will increase the pay schedule and staffing pay wages for the employees of the Rec. Center and The Legends employees. The raises are due to the new minimum wage increase which will begin tomorrow for the State of Ohio. The increase goes up to $7.00 which some of the employees will be making that but then some who currently making $7.00 will go up to like $.15 cents. I think the average pay rate is $.15 but the minimum wage is $7.00 an hour. 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 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 4 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Lake Region Oil, Inc., for a .90 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE Yes, this another win, win scenario like the one we had at the end of the year where because the city owns a small piece of the 40 acre tract that the well is going to on we will get an occasional check. There’s nothing that we have to do other than wait for it to arrive. If we have any questions Keith is here he can answer them for you, but as I said it’s a slam dunk for us. COUNCILMAN MCCUNE 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. 4 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 5 2008 BY: FINANCE COMMITTEE Authorizing the Auditor to pay various 2007 bills that have been received and that will be receive by her office between January 1, 2008 and March 1, 2008, out of the 2008 appropriations within the various departments of the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANSON This is something that we do every year. We have to approve making payments for bills that continue to come in from the 2007 year and we will pay those up through March 1. 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. 5 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 6 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Park & Rec. Capital Improvement Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, this Ordinance No. 6 is in regards to what was previously known as the Cottrill property. It’s some property on the west side of Massillon off of Kenyon and off the walking path that the city has purchased. This is the third and final payment we’ve been talking about this now for over two years. This is will make the final transfers, we have the Mayor and we have the law director here either or both if you’d like to comment on this or if there’s any questions for them we can bring them to the podium. COUNCILMAN SLAGLE What property is this just to help me out here? COUNCILMAN MANSON Okay, do you know where the old railroad and the walking path crosses Kenyon Avenue. (Sure) Okay, there’s it doesn’t border right there you go part way west on the walking path and it comes down I forget the name of the street there. Then part of it fronts on Kenyon it’s 77 acres. COUNCIL PRESIDENT GAMBER I’d like to call the Mayor forward please for a very brief explanation here for our new members. COUNCILMAN MANSON Chuck, you have a question? COUNCILMAN MAIER Yes and I was going to ask the Mayor also did we ever get the grants that we were supposed to for any of this? MAYOR CICCHINELLI – We received a portion of the one grant there’s an Enroc grant and then there’s also a Clean Ohio grant. We received a portion of the Clean Ohio grant as soon as the property transfers then we will receive the remaining portion of those dollars. The Enroc dollars will come in again after the property closes. We anticipate some time first quarter of ’08 to receive the rest of the dollars. The other amount of the dollars for the benefit of the two newer members of council those two grants amounted to about $430,000, $450,000 it was $250,000 and $200,000 so it will be $450,000. The other $200,000 came from the Aultman Health Foundation for a total of $650,000. So the 77 acres was acquired through non-city dollars. COUNCIL PRESIDENT GAMBER Can you give just a moment to describe where it is and what the usages are? MAYOR CICCHINELLI – The plans for the acreage as both of you know the west side of Massillon is really growing residentially. We thought it would be a good idea to break up that development with the acquisition of around 77 acres and it’s to be a nature preserve and not sold for any type of development. This opens up potential of additional recreational acres for the city and it certainly helps. COUNCILMAN MANSON Just one last comment is as that money comes back in on grants that will go back into the accounts that it is being transferred out of now. So and we will have nothing in it when its over with it will all be grants. 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. 6 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 2 2008 BY: COMMITTEE OF THE WHOLE A Resolution commending Tim Bryan as a Member of City Council for the City of Massillon, Ohio. COUNCILMAN MANG It’s not often that or it’s not often enough anyhow that we commend members who have served this body and tonight we’re going to have an opportunity. We have two that we’re going to offer a somewhat of a commending piece of legislation in their behalf. The very first one is for Tim Bryan and if I may I’d like to read it. It says “whereas on December 31, 2007 Tim Bryan completed 8.5 terms as a member of council of the City of Massillon, Ohio.” “Whereas Tim Bryan has devoted himself to his responsibilities and duties as a member of Massillon City Council, and”. “Whereas, Mr. Bryan, during his terms of office as a member of city council has given outstanding service to the Citizens for the betterment of Massillon, and”. “Whereas, city council desires to recognize and note upon its officials records its appreciation and commendation to Mr. Tim Bryan for the excellent service he has rendered to the people and the City of Massillon during his terms of office.” I think all of us know Tim was very devoted to the council he put an awful lot of time here. I think its very fitting that we have this resolution for him. We do have down in the last whereas where the typewriter was typing faster than it should have so we need to make a change down there from she to he. But everything being considered I would hope that council would vote a unanimous decision to render this Resolution No. 2 in full support. COUNCIL PRESIDENT GAMBER Mr. Mang, what is the error you’re looking to correct? COUNCILMAN MANG In the last whereas to Mr. Tim Bryan for the excellent service the she should be he. COUNCIL PRESIDENT GAMBER Just strike out the “s” call it a typo. I have been advised by our law director that normally a resolution does require suspension of the rules prior to a vote but in that this is simply a commendation we may dispense with that. So you can just make a motion for passage. COUNCILMAN MANG moved for passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 2 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 3 2008 BY: COMMITTEE OF THE WHOLE A Resolution commending Jayne Ferrero as a Member of City Council for the City of Massillon, Ohio. COUNCILMAN MANG It’s not often that we have the recipient for the commending to be with us this evening and for those reasons of course I will have no remarks on her behalf. But I think its very fitting that Jayne is here and I would like to read the commendation for Jayne. It says “whereas on December 31, 2007 Jayne Ferrero completed 1.5 terms a member of council of the City of Massillon, Ohio, and”. “Whereas, Jayne Ferrero has devoted herself to her responsibilities and duties as a member of Massillon City Council, and”. “Whereas, Mrs. Ferrero, during her terms of office as a member of City Council has given outstanding service to the Citizens for the betterment of Massillon, and’. “Whereas, City Council desires to recognize and note upon its official records its appreciation and commendation to Mrs. Jayne Ferrero for the excellent service she has rendered to the people and the City of Massillon during her terms of office. “ COUNCILMAN MANG moved for passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 3 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR DECEMBER 2007. COPY FILE COUNCIL PRESIDENT GAMBER I know the Mayor wants to come forward we’ll do that just in a moment; we need a motion to accept the auditor’s report and the mayor’s list of boards and commissions. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilwoman Catazaro-Perry. Roll call vote of 9 yes to accept the auditor’s report. COUNCILMAN MANG I move that we accept the Mayor’s list of appointments to boards and commissions, seconded by Councilman Manson. Roll call vote of 8 yes, 1 no to accept the Mayor’s list of appointments to boards and commissions. Slagle voted no. COUNCIL PRESIDENT GAMBER At this point I’d like to invite the Mayor forward for whatever portion of the state of the city address he would like to give. MAYOR CICCHINELLI – As a fiduciary responsibility it is the requirement to speak before you at the first regularly scheduled council meeting concerning the state of the city and we call it our annual report. I have passed out copy of the report that you could read at a later date. Keep in mind that on January 18th at 7:30am the Massillon Chamber of Commerce sponsors a breakfast where we have a question and answer forum from members of the press and one or two high school students on issues that are burning within our community. Just briefly we actually continued our industrial diversification and its really exciting a couple small industries that have moved in and actually the first week of operation within the city happened to be right as the first week in January. Bill Hawk, Inc., which is a nice company down at Nova East is in operation, Kraft Power moved in from Canton and their in operation. Earthwalk Orthotics, a company that purchased the building on Vista is in operation. Of course, Patent Health one of the creative and innovative ways that we helped finance that deal they’re going into the old republic steel office building. A couple more that we mentioned Vision Corr, LLC which is going to be adjacent to Fibercorr, they’re going to get started here shortly. Then Case Farms is going to build a new feed mill on Millinium Boulevard. The Prophecy Massillon Annexation which for everyone that remembers it was the old Fleming property. As you well know that has been officially approved for annexation we’ll be asking council to officially accept it within the city in the fist meeting in March. It has to wait the statutory requirement there are three companies with pretty good employment levels there right now Shearers does have a distribution center there, Amerigold Logistics has another facility in the building and then Genco, their second Massillon location. We are certainly going to work with the owners of the plant and the land to see if any more development can take place. Of course, Shearers is unless you’ve been living under a rock here the last year is looking for a new location and an announcement is forthcoming by Shearers as to what their future plans will be. Housing was very good again we broke it down over $11 million dollars in permits was written for housing and even in the housing market being a little flat we did have over 107 housing units and that’s what we try to get both condos and single family over a 100 and we accomplished that. One other thing that I think you’re going to see its sort of a revolutionary idea we are we have made contact with representatives from three of the townships that surround us. As you all know in order to settle the Prophecy Massillon Annexation dispute we have an agreement with Perry Township we’re going to be meeting with Tuscarawas Township trustees on some type of an agreement for maybe future annexations or just cooperative agreements. I mentioned here about having one or two preliminary meetings with Jackson Township we need to deal with the northeast Massillon fire station. We’ve had a couple meetings concerning maybe some type of cooperative arrangement to accomplish what we want to accomplish and accomplish what they want to accomplish. So I think what we’re seeing is 2008 is going to be a year where greater Massillon area benefits if everybody sits down and works together. So we’ll see what those discussions bring. Thank you, Happy New Year. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee information work sessions will be next Monday the 14th remind everyone that Monday the 21st is Martin Luther King Day. So council will meet on Tuesday the 22nd. Are there any other reports from committees? Are there any resolutions or requests of any council member? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 143 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending CHAPTER 1121 “CONSTRUCTION OF LANGUAGE; DEFINITIONS”, CHAPTER 1187 “SUPPLEMENTAL ZONING REGULATIONS” and CHAPTER 1189 “GENERAL EXCEPTIONS” of the Codified Ordinances of the City of Massillon, by repealing existing Sections 1121.02 (23) and (67) “DEFINITIONS”, 1187.01 “COMMERCIAL TELEVISION AND RADIO TOWERS AND PUBLIC UTILITY MICROWAVES AND PUBLIC UTILITY T.V. TRANSMITTING TOWERS and 1189.04 “HEIGHT LIMIT” and enacting new Sections 1121.02 (23) and (67) “DEFINITIONS”, 1187.01 “COMMERCIAL TELEVISION AND RADIO TOWERS AND PUBLIC UTILITY MICROWAVES AND PUBLIC UTILITY T.V. TRANSMITTING TOWERS AND 1189.04 “HEIGHT LIMIT” of CHAPTER 1121, CHAPTER 1187 and CHAPTER 1189, and declaring an emergency. COUNCILMAN MANG Public hearing was held this evening at 7:15 and I went over some of the things as to why and how this thing developed. It basically developed back on November 14th when the planning commission approved the amendments that we have. The amendments were brought to the planning commission with the sure fact that the law director realized in the recent communications that we have with the cell tower people that wish to put a cell tower on land in the city that there were some problems that needed to be directed that he thought would clear up the confusion. Among one of those, one of the things that this amendment will do or these changes will do is that the cell towers will be excluded due to the fact that we’re talking about public utilities being a wired communication. The other thing was we were dealing with the height of the tower and the height of the tower is very important as to the set back requirements. All these things beneficial to the people who reside in the area. It’s also well for the people are planning to come to our city to put up a cell tower that they know the provisions and things that you need to do. So before we harass some people this may draw that to a close. So we do have these amendments before us and it is up for three reading and my suggestion will be to you that you approve it. COUNCILMAN MCCUNE Due to the fact that the last cell tower to come into the city or company to come into the city wanted to plant their construction in my ward I am I want to make sure that everyone knows that I support this wholeheartedly. COUNCILMAN MANG moved for passage, seconded by Councilman McCune. ORDINANCE NO. 143 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 127 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, for the sale of approximately 51 acres located at the Legends Golf Course, in the City of Massillon, Stark County, Ohio and owned by said City, which is not needed for any municipal purpose, and declaring an emergency. COUNCILMAN MANG Second reading. ORDINANCE NO. 127 – 2007 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILWOMAN CATAZARO-PERRY – I move that we adjourn, seconded by all.
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