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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 Tuesday, January 16, 2007. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit and Law Director 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. I’m also told that in the audience we have two young men who are working on their Eagle Scout award that would be Matthew and Isaac Frank. If you two young men would stand up please; we appreciate it and good luck as you head for that eagle award. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MANG – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANG – Led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA TONY DIAS – Chair and members of council. It is a privilege to be here on behalf of the Sherwin Williams Company which has been in Ohio for over 140 years. I am here to talk about Resolution No. 1 by the health, welfare and building regulations committee. I appreciate the time that this council is giving. I know that one of the executives of Sherwin Williams Tim Knight who is from this town has called a few members of council to discuss this issue. The reason why Mr. Knight cares about this issue is because he believes that the company Sherwin Williams is being unfairly targeted by this litigation. Much of this litigation may be unfamiliar to this council and so I know I will try to provide you some information I brought some written information for you to review. I also understand that Councilwoman Ferrero will allow the Sherwin Williams Company to present some additional information to her committee at time next week. But for the purposes of this council meeting I think its important for this council to understand as it stands before the mural and the wall behind the chair which shows a number of the industries that are here in Ohio that the history of lead paint and the use of lead pigments in paint really does arise and derive from areas like Ohio and mid western Ohio. The history of lead pigment and its use in paint goes well over a century ago. When the use of lead paint in homes and in businesses and buildings throughout the country was encouraged and specified by the use of the federal government. The lead paint for the first time at the turn of the century provided a way to provide a durable and useable surface so you could avoid issues of contaminates in the time of flu’s and influenza epidemics in the early 1900’s. Also provided a very useful product to improve housing. One of the reasons why you found lead based paint in public housing throughout the country, because the national bureau standards encouraged it. It is because of the innovation in the United States and companies like Sherwin Williams that we not only move through a time where lead based paint was used not only here in Ohio, but throughout the country to a time when Sherwin Williams got out of the market of interior lead based paint in 1937. Almost 20 years before the federal government, actually almost 50 years before the federal government took its final action in 1978, but in 1955 when the industry self regulated itself to take an industry voluntary standard to essentially move lead out of interior lead based paint. This is a history of an industry that has worked cooperatively with public health officials and communities just like this town and towns across America in order to find that public health officials could really find a way to not only improve public housing and improve housing in communities, but also find an effective ways so families could be safe in their communities. The history is really too long to talk about now, but I hope I’ve given you a little bit background. But what you also need to understand is what is going on with litigation and why companies in Ohio like Sherwin Williams, like Millennium, like Litton have been targeted unfairly by litigation. Many people are probably being told at this point that there’s been litigations that have succeeded against these companies to somehow blame these companies for having sold a very useful product and a legal product and a product specified by city, state and the federal government at the early part of the century and throughout the 1970’s has been successful. The truth is not a single case brought against these companies has ever been successful. There’s a reason for that; the reason is this is a history of a responsible industry and a problem that arises in neighborhoods that show severe signs of housing blight. I took the opportunity and I know I’d love the opportunity to talk to the Department of Health here. That the department has seen what many have seen as a very successful program of protecting the children of Massillon from the exposure to lead based paint hazards and from hazards that arise from the environment from lead generally. Lead is ubiquitous in our environment I think many of us can remember the time when lead was in gasoline, lead in gasoline provided tons of lead that went into the environment and now can be found in soils of many urban areas remaining in the soil. I think in 2006 there were three children identified with an elevated blood lead level of 15 to 24 micro grams per deciliter. A great success but still troubling for those children who had been exposed. Average blood lead level for children in the 1970’s were found in the range of 40 to 45 micro grams per deciliter the reduction in blood lead levels in children in the United States has been discussed by the doctors in charge of CDC as the Unites States greatest public health success story. We can all be very proud of that I look forward to instructing the council and the law director for the city on some of things that we know about the litigation. We know that it’s not only been unfounded but has undermined the good policies that cities have had. The litigation runs counter to the cities blaming those people who neglect their properties and should rightfully be held accountable. Cities have done a fantastic job obviously in doing that and also has differed in housing stock than what is found in other parts of the states and other parts of the country. So we look forward to trying to explain that and also to explain why other businesses I think will be contacting this council because the theory used in this litigation is one that is very unusual but also a theory that would undermine the efforts for economic development in this city and throughout Ohio. That’s the use of a public nuisance theory that says a manufacturer of a product can be held liable. Simply if that product decades later may cause a problem for the city or the state even if that company is not at fault, even if that company has done nothing wrong; even if that product was legally sold. I don’t think that’s the kind of policy the city wants to start advocating it never has before and we look forward to discussing those legal issues with the committee and with the council as we move forward. COUNCILWOMAN FERRERO Mr. Dias, because there are five Monday’s this month we skip the fourth Monday so our next work session will actually be on the 29th. (On the 29th) On the 29th we skip next week we get a free week off. TONY DIAS – Great, well I think that means I have a free week and I will provide this information along with my card. Then if anybody has any questions before then we’re certainly happy to answer those questions. COUNCILWOMAN FERRERO That would be wonderful. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 10 2007 BY: RULES, COURTS AND CIVIL SERVICE COMMITTEE COUNCILMAN TOWNSEND Last week I believe at our work session Mr. Bill Hamit explained a little bit about Ordinance No. 10. But at the time I guess I was a little confused to what actually this is about. So I would like to call Mr. Hamit up just to explain a little bit about Ordinance No. 10. AUDITOR HAMIT – This derived from a contract that was signed three years ago with AFSCME and ACUE. ACUE being the related group within the city being the secretarial pool and others that don’t belong to any other union organization. The contract was signed if the payments to PERS would exceed the present amount at that time the city would pick up the difference. That occurred April 1st of last year by the increase of a 0.5% over the norm. At that the time the employees had to pay their share of it and until the negotiations got involved this year in the contract it was developed that they requested their money back we needed to get this ordinance from the law department. At this time we owe AFSCME employees and next council meeting you’ll have the one for ACUE. COUNCILMAN TOWNSEND 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. 10 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 11 2007 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS First reading. ORDINANCE NO. 11 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 12 2007 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 12 has four sections and then the fifth to pass the ordinance. Section 1 is to appropriate $162,548.00 to an account entitled Advanced To and that’s funding for Route 241. Section 2 was $35,000.00 we’d like to appropriate from the Muni Court Capital Improvement Fund to an account entitled Parking Lot Improvements $35,000.00. Section 3 is to appropriate from the Parking Enforcement Fund $5,000.00 to an account entitled Services and Contracts and this is for the upkeep on the parking lot that we have a contract for. Section 4 is $2,000.00 to appropriate from the balance of the Veterans Park & Duncan Plaza Fund to an account entitled Supplies and Materials. Again, section 5 is just as an emergency measure. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 12 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 13 2007 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 13 is just moving the $162,548.00 from Advanced To to an account entitled Advanced In. There are some new rules at the state level and we need to create and have this money available right now for this 241 project. COUNCILMAN BRYAN When you say 241 Kathy, that’s we’re talking about Erie Street right? (Yes) Okay. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 13 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 1 2007 BY: HEALTH, WELFARE AND BLDG REGULATIONS COUNCILWOMAN FERRERO As you heard Mr. Dias came forward earlier this evening and gave us just a brief overview of some things that he would like to outline for us. I’ll be giving this first reading tonight. RESOLUTION NO. 1 – 2007 WAS GIVEN FIRST READING. RESOLUTION NO. 2 2007 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS Yes, we discussed this at our work session on Monday. This is the final resolution or agreement between the city and the state for the repaving of 241. To clarify also that’s Erie Street from Finefrock to Lincoln Way. This is for the same project that we just passed in Ordinance No. 13. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 2 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM SERVISHARP INC DBA CAPT DICKS DRIVE THRU #2 1005 1ST STREET NE MASSILLON OHIO 44646 TO RICHARD S HASSEL DBA CAPT DICKS DRIVE THRU #2 1005 1ST STREET NE MASSILLON OHIO 44646 LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM THOMAS B GALLION DBA TEE CEES MAIN STREET MARKET 2304 W MAIN ST MASSILLON OHIO 44647 TO MARSHS MAIN MART LLC DBA MARSHS MAIN MART 2304 MAIN AVE W MASSILLON OHIO 44647 COUNCIL PRESIDENT GAMBER Mr. Maier and Mr. McCune, you both have copies of those requests? (Yes) 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT – $355.36 COUNCILWOMAN CATAZARO-PERRY I move that we pay the bills, seconded by Councilman Bryan. Roll call vote of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR DECEMBER 2006. COPY FILE COUNCIL PRESIDENT GAMBER The Mayor did want me to mention that he passed out his statistics regarding housing starts this evening. If anyone did not get one let the Clerk know and the Mayor wanted anyone in the audience that if you’d like a copy we do have extras of those. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As Mrs. Ferrero said we will not meet next Monday. The committee sessions will be on January 29th. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILWOMAN CATAZARO-PERRY I just want to remind council if anyone would like to attend the staff meeting tomorrow I will be going over the report that we created for the department directors. That is at 10:00am in the Annex Building in the basement in the conference room. So all are welcome the Mayor has invited all of us anyone can come in and listen to how the report should be submitted. COUNCILMAN MANSON I just like to remind everybody to listen to WHBC tonight we have a great inner city rivalry. Perry High School Panthers and the Washington High School Tigers are playing tonight. I’m sorry they say it’s Glen Oak I thought it was Perry; I’m sorry, I apologize. 13. CALL OF THE CALENDAR - NOTHING 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 2 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Public hearing is scheduled for the 5th of February at 7:25pm. Second reading. ORDINANCE NO. 2 – 2007 WAS GIVEN FIRST READING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILWOMAN FERRERO – I just had one thing I wanted to bring up to Mr. Peters. I’m sorry, but I did get four phone calls this past week about something that’s going on up there on Tremont at a local pub. Are you aware? COUNCILMAN PETERS I’m very aware of it. I’ve met with the Mayor; I have met with the Chief of Police and the Safety Service Director. We have and the Mayor can correct me if I’m wrong I think we’re on top of it and yeah. COUNCILWOMAN FERRERO – Thank you so much. COUNCILMAN PETERS Yep. COUNCILMAN TOWNSEND I would like to say something. I’m sure by now all of you are aware of the incident that occurred back in August of 2006. If my actions has caused any embarrassment to my fellow councilmens I do apologize. I also want to apologize to the citizens of Massillon and especially to the citizens of Ward 4. Most importantly my wife and two children; I have taken full responsibility for my actions and I have never made any excuses for my behavior. As I stated before it was a terrible error in judgment and I have taken the necessary steps to ensure that this will never happen again. Although they have never condoned my behavior I want to thank the many people who have given me words of encourage and wisdom and especially the citizens who are here tonight. This incident that occurred five months ago and since that time I have moved forward and I want to assure the people of Ward 4 that I will continue to deliver their voices to city hall and here to this council chamber. I will continue to fight for the citizens of Ward 4 as I have always done since being elected to this seat. Thank you Mr. President, thank you fellow councilmen for giving me this time to make this speech. COUNCIL PRESIDENT GAMBER Thank you, Mr. Townsend, we appreciate your remarks. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANG I move that we adjourn, seconded by all.
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