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MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, TUESDAY, JANUARY 17, 2006
COUNCIL PRESIDENT GAMBER – I’d like to welcome all of you to Massillon City Council for Tuesday, January 3, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Law Director Stergios, and Treasurer Lambert. 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: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend.
Thus giving a roll call vote of 8 present.
COUNCILMAN BRYAN – I move that we excuse Councilman Maier, seconded by Councilman Mang.
Roll call vote of 8 yes to excuse Councilman Maier.
2. INVOCATION
COUNCILMAN PETERS – gave the invocation for the evening.
3. PLEDGE OF ALLEGIANCE
COUNCILMAN PETERS – Chairman of the Streets, Highways, Traffic and Safety Committee led those in attendance in the Pledge of Allegiance.
4. READING OF THE JOURNAL
COUNCIL PRESIDENT GAMBER – Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written.
5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA
6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 6 - 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE
COUNCILMAN MANG – Mr. Aaby I think did a good job at our work session explaining the need for the services. The city’s been utilizing these services for over 10 years. The cost of the services is $15,000.00 which is payable under the CDBG Program. Some of the services that the city will receive shall be conduct initial inspection, prepare work right up and cost estimates, conduct inspections for progress payments and conduct final inspection for final payment. I think it probably goes without saying there’s a number of things that they do. In fact if we didn’t hire them at $15,000.00 it probably would be a case that we would have to hire someone ourselves and obviously that cost would be considerably more.
COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Bryan.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 6 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 7 – 2006 BY: ENVIRONMENTAL COMMITTEE
COUNCILMAN MANSON –.Yes, we discussed this at last week’s committee session. This is just nothing more than a routine easement for us to maintain the sewer if we need to in this condominium area.
COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 7 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 8 – 2006 BY: PARKS AND RECREATION COMMITTEE
COUNCILMAN BRYAN – This is something that we do every year. This just authorizes the director to go ahead and advertise for and get the best prices for these chemicals for the golf course.
COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Mang.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 8 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 9 – 2006 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY
COUNCILMAN PETERS – I’ve looked into this thing. This is a piece of property that runs adjacent to our Massillon Middle School; it’s not yet on the city maps. I’ve taken some photographs of it if anyone on council would care to look at it. It’s nothing but a hill really right now. All the property owners have agreed and signed off on this vacation. I’ve spoken with Mike Loudiana and he has said there’s not any objections to it; he thinks it probably the thing to do.
COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Bryan.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 9 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 10 – 2006 BY: FINANCE COMMITTEE
COUNCILWOMAN CATAZARO-PERRY – This ordinance has section 1, section 2 and the section 3 asks that we pass as an emergency. Section 1 is to appropriate $95,000.00 from the Summer Concert Series Fund to pay for the concerts. Section 2 is $4,000.00 from the South Massillon Trunk Project to pay for to enter into contract and pay for studying if we can extend the sewer line on Warmington Road.
COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Mang.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 10 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 11 – 2006 BY: FINANCE COMMITTEE
COUNCILWOMAN CATAZARO-PERRY – From what I understand we’ve done this yearly. What it is that we will be receiving bills from the past year 2005 and we just go ahead and let the Auditor pay those bills up through March 1, 2006 out of the 2006 appropriations?
COUNCILMAN MANG – We have a typo in section 2 2004 should be 2005.
COUNCIL PRESIDENT GAMBER – So noted, everyone sees that where it says 2004 strike that it should be 2005.
COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Mang.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 11 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 12 – 2006 BY: FINANCE COMMITTEE
COUNCILWOMAN CATAZARO-PERRY – This ordinance is a bill that the Parks and Rec. received and for some reason just didn’t’ get brought forward the amount is $17,000.00 for some diamond clay which it’s already been delivered and used and we just need to get this bill paid.
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 8 yes.
ORDINANCE NO. 12 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
7. UNFINISHED BUSINESS - NOTHING
8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING
9. BILLS, ACCOUNTS AND CLAIMS
1. GAP OFFICE - $437.06
2. INDEPENDENT - $219.60
COUNCILWOMAN CATAZARO-PERRY – I move that we pay the bills, seconded by Councilman Mang.
Roll call vote of 8 yes to pay the bills.
10. REPORTS FROM CITY OFFICIALS
A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR DECEMBER 2005. – COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR DECEMBER 2005 – COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR DECEMBER 2005 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR DECEMBER 2005 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR DECEMBER 2005 – COPY FILE
D). MAYOR SUBMITS MONTHLY REPORT FOR DECEMBER 2005 – COPY FILE
11. REPORTS OF COMMITTEES
COUNCIL PRESIDENT GAMBER – I’ll remind everyone that next Monday is a day off because it’s the 4th Monday out of 5 we’ll meet for committee meetings on the 30th.
12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS
COUNCILMAN MANG – Not really a request. I appreciated the fact that I was able to pick up the agenda and the ordinances off the net. I think that’s a great idea and I’m thankful for it.
COUNCIL PRESIDENT GAMBER – By way of explanation our new copy machine also has fax and email capability. We were talking last week about the request that came from the Independent as far as receiving the ordinances. We have worked out a situation or a resolution to it. You’ll all be getting a copy of a letter tomorrow that explains that basically from now on; on the Friday prior to a committee meeting or council you’ll be receiving all these items by email. Of course, the news people will also receive that and there maybe an occasion where the news media may get a copy of a legislation request before the chairman does. That would mean you folks have to be on your toes and make sure you check your email. As I say we will be getting a letter out from Perry Stergios tomorrow outlining the new policy. I might also mention that our Council Clerk Mary Beth has been asked to go to North Canton to explain how we’re doing this. Because they heard about it and thought it was a great idea and she’s going to go up there and show them how to do it. Did everyone get their copy by email anyone that did not? Thanks for bringing that up Ron.
COUNCILMAN MANSON –.Just at the next committee meeting the environmental committee will be having several people here to discuss the Sewer Treatment Plant problems down there and some proposed plans to try to remedy this situation. I would think we’ll have at least 4 people here maybe more; so just putting you on alert.
COUNCIL PRESIDENT GAMBER – Do you plan on doing that first thing?
COUNCILMAN MANSON –.Well if there’s not a lot of CD stuff first that night. If we have a group of people I would like to maybe move it ahead if we could. But we can wait till that night and see what’s developing.
COUNCILMAN MCCUNE – Because of my work schedule I’m going to request that we move the work sessions back to 6:00 if possible. It is virtually impossible for me to get here much before 5:45. If there’s no I’d like for anyone to think about it, kick it around and at the next work session maybe we can discuss that.
COUNCIL PRESIDENT GAMBER – Alright, so noted. Mr. Bryan is pro-tem take that under advisement and bring that up at the work session.
COUNCILMAN BRYAN – I was going to bring them up later. Just FYI’s, first of all the Municipal League has if everyone didn’t get one of these let the clerk know. But I think you did the Municipal League sponsors these training classes for newly elected officials, newly elected council members specifically and other newly elected officials. There’s a schedule there’s one in Columbus, Mason and one in Independence. If you didn’t’ get one see the clerk I’m sure she has copy or I’ll give her my copy. They’ve been attended by some of the council members in the past and they were appreciated they felt they were good. Also I think you’ve all received the Ohio Ethic Commission Financial Disclosure Statement. It’s due in April so you have plenty of time, but don’t forget. Also if anybody has any questions about it I’d be glad to help you answer those questions. If you feel you really need a legal answer of course talk to Mr. Stergios about as well he’s the legal authority? That’s it.
13. CALL OF THE CALENDAR - NOTHING
14. THIRD READING ORDINANCES AND RESOLUTIONS - NOTHING
15. SECOND READING ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 1 – 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE
COUNCILMAN MANG – Yes, I believe everybody has an amended Ordinance No. 1 – 2006. The amendment portion deals with section 1 and section 2. It’s spelling out the water line to be extended pursuant with the agreement with Aqua Ohio. It also then lists the services that will be extended to the Campian annexation. It also discusses the extension of the sanitary sewer in the proposed area if it’s needed. I have one question in there we note services of the street department. I thought all those were private streets Mr. Mayor Can you shine some light on that or am I going the wrong direction or what.
MAYOR CICCHINELLI – Yes, the street department meaning Manchester Road. The street is to remain private in the allotment.
COUNCILMAN MANG moved to accept the amendments to the ordinance, seconded by Councilman Bryan.
COUNCIL PRESIDENT GAMBER – By way of explanation to the newer members Ordinance No. 1 has been given first reading it is now being amended so we have to vote on an amended version. It then goes back to first reading and if Mr. Mang decides to ask for suspension he can then do so.
Roll call vote of 8 yes on the amendment.
COUNCILMAN MANG – Yes, we brought this up in the work session that there’s three ordinances on here tonight actually four that will be asking for suspension of the rules and three of them so that they can…council’s decision will be available at the Stark County Commissioner’s Meeting which will be held on February 8th,
COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Bryan.
MAYOR CICCHINELLI – Just a point of information when the ordinances were written I think it’s just an error as far as where these hearings are going to be held in your last whereas the two Ordinance No. 1 and 2 which would be Campian and Hunters Pointe are in Tuscarawas Township. Those two hearings will be held at the Tuscarawas Township Hall not at the Commissioners Office. If you want an address we can put that it would read Tuscarawas Township Hall 956 Manchester Road SW, North Lawrence, Ohio 44666. So both the Tuscarawas Township annexations one’s at 7 and one’s at 7:15 will be held at the township hall. The third one which involves Sanders or old Remlinger will be held at the Commissioners Office so that one’s alright.
COUNCIL PRESIDENT GAMBER – If everyone would just add that we don’t need to amend it again, just add an address.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 1 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 2 – 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE
COUNCILMAN MANG – We’ve had an opportunity at the work session and also at the last council meeting to take a look at the Hunters Pointe. I’m not sure if anyone went down to take a look, but you’d be looking at basically vacant land plus I guess there is a couple of units that have been built down there.
COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Townsend.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 2 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 3 – 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE
COUNCILMAN MANG – Yes, on the Sanders annexation I will again be asking for suspension of the rules obviously the Sanders annexation will provide immediate help to the income tax department.
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. 3 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 4 – 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE
COUNCILMAN MANG – Ordinance No. 4 is pretty self explanatory. This piece of property was annexed to the city and was approved by the Board of County Commissioners on August 18th. What we’re doing here is just for map purposes I’d say is changing the township lines between Massillon and Perry.
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. 4 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
16. NEW AND MISCELLANEOUS BUSINESS
COUNCILMAN MANG – I believe this maybe the first time that we’ve ever completed an agenda of all passed ordinances. Always have one or two for second readings or.
17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA
ANDREW KLECAN - I live on 615 1st Street NE. I’m here to discuss ideas for a new skate park. I was to do a project and then present it in front of the council. Here are some ideas for a new skate park such as location, times and safety as a revision. From reading in the newspaper the corner of Hess and Tremont are lay out locations which is good because the police station is right down the street. I think there should be set times for when the skate park should be opened and closed from 7:00am to 8:00pm would be a good time; to have adult supervision down there at all times. It helps so there’d be no fights, smoking, drinking or in case of injury. Have a waiver signed by parents so they can’t hold the City of Massillon liable for any reasons. Make helmet permits in case of head injury or other safety gear. Bad points of skateboarding there is bad things about skateboarding high risk of injury, people abusing other people’s property, damages their ledges, stairs and other private items, using skateboard as a weapon, vandalism seems to be big thing around this town with skateboarders and bikers and stuff. The positive side to skateboarding it keeps kids out of trouble, besides kids who vandalize, skateboarding shows your character such as if you’re brave, fearless or other things or it should show bad side by vandalizing or abusing people’s property. There are professional skateboarders who people look up to such as Tony Hawk he’s a big name for skateboarders a lot of people look up to him for what he does. Tony gives money to charities so skate parks can be built and stuff like that. Skateboarding isn’t a bad thing it’s just the troublesome kids that make it seem like it’s a bad thing. Things I would like to say it’s just messed up on how people vandalize their own town, that’s the reason why skateboarding gets a bad name it does. That’s why increased security would help having security down there at the new skate park would help. I wish skateboarding didn’t the bad name that it does, because there is good people out there who just love the sport and don’t abuse it. Just please have a different outlook upon skateboarding because there are good and bad things about it.
COUNCILWOMAN FERRERO - : Can you just tell us briefly what took you to teen court?
ANDREW KLECAN – What did I do? (Yes) I got I went to see if my mother was working at work and it was when the ordinance for skateboarding downtown was… I just rode my skateboard and I got caught.
COUNCILWOMAN FERRERO – Okay, you weren’t like in a no skateboarding zone?
ANDREW KLECAN – My mom worked downtown at rent-a-center at that time and I live almost downtown I don’t know what the city lines are and it was a nice summer day and I just wanted to go see if my mom was down there.
COUNCILWOMAN FERRERO – Okay, so since you wrote that what has changed your philosophy on skateboarding?
ANDREW KLECAN – Nothing really, like I’m not a big skateboarder first of all because I’m in a lot of sports. But it just seems like a lot of people in town and like from reading the newspaper that people abuse what it’s for and they don’t skateboard just to have fun it’s just to act stupid it seems like kids want to do around here.
COUNCILMAN BRYAN – After last week when the young gentleman gave us his little presentation I just caught a TV show about a town where they built a skate park that looked a lot like the ones that Jay showed us in the materials that he had. There was a little TV special about it and the one thing that they did they did a lot of things, but the one thing seemed to me was really neat was that they got police officers to volunteer to be some of the adult supervision when they were off duty and just get to interact with the skateboarders as a like coaches and you know volunteers rather than as police officers. You know just kind of changed some of the kid’s attitudes toward police you know they saw them as human beings. So I thought that was a neat idea if we ever get the skate park together.
COUNCIL PRESIDENT GAMBER – Mr. Bryan, your new assignment as chairman of the Parks and Rec. puts you in very good position to recommend that to somebody.
MARK SEIGFIELD
MARK READ FROM HIS PAPERWORK. SO INSTEAD OF TRANSCRIBING WORD FOR WORD HIS LETTER IS INCLUDED AS PART OF THE RECORD.
COUNCIL PRESIDENT GAMBER – Now do you fellows have to have something signed this evening? (I do) Alright.
COUNCILWOMAN FERRERO – Yes, I see that you certainly did your homework on this. But I would like to know you writing this and doing some investigation and appearing in the teen court how that changed your philosophy on skateboarding.
MARK SEIGFIELD – It really didn’t change a lot of it. It scared me a little. I don’t think I’ll be skating downtown anywhere down here. I’ll be skating in my own area because down where I live we’re allowed to skateboard without getting into trouble. So I think I’ll stay down there.
COUNCILWOMAN FERRERO – And do you understand that the reasoning for them not wanting to skateboard in downtown Massillon?
MARK SEIGFIELD – Yeah, because people get injured and people are afraid to go in places and stuff
COUNCILWOMAN FERRERO – And the destruction of the property. (Yeah) You did a very good job. Thank you.
18. ADJOURNMENT
COUNCILMAN PETERS – I move that we adjourn, seconded by all.
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MARY BETH BAILEY, CLERK,
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GLENN E. GAMBER, PRESIDENT
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