MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, TUESDAY, JANUARY 18, 2011
COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Tuesday, January 18, 2011. We have in attendance with us this evening: Safety Service Director Loudiana, Bob Cyperski from the law department, Community Development Director Aaby, Engineer Dylewski and Pat Pentello from the auditor’s office. 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: Gary Anderson, Kathy Catazaro-Perry, Dave Hersher, Paul Manson, Donnie Peters, Larry Slagle and Tony Townsend.
Thus giving a roll call vote of 7 present.
COUNCILMAN MANSON – I move that we excuse Councilman Mang and Councilman McCune, seconded by Councilwoman Catazaro-Perry.
COUNCILMAN PETERS – Point of order, Mr. President, I’d like to make a motion to split the question. We’ve got two different councilmen…
COUNCIL PRESIDENT GAMBER – We’re in the middle of the vote I’m sorry we could have done that early but we’re in the middle of a vote that’s been properly moved and seconded. We need your vote please.
Roll call vote of 6 yes, 1 no to excuse Councilman Mang and Councilman McCune. Peters voted no.
COUNCIL PRESIDENT GAMBER - I will recognize Councilman Larry Slagle for the invocation and the Pledge of Allegiance.
COUNCILMAN SLAGLE – Gave the invocation for the evening.
3. PLEDGE OF ALLEGIANCE
COUNCILMAN SLAGLE – Chairman of the Parks and Recreation 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
6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 5 - 2011 BY: COMMUNITY DEVELOPMENT COMMITTEE
Authorizing the Mayor of the City of Massillon, Ohio, to enter into a contract with Stark County Regional Planning Commission for Housing Rehabilitation Services in the City of Massillon, Ohio, and declaring an emergency.
COUNCILMAN HERSHER – First reading.
ORDINANCE NO. 5 – 2011 WAS GIVEN FIRST READING.
ORDINANCE NO. 6 - 2011 BY: COMMUNITY DEVELOPMENT COMMITTEE
Petitioning the Board of County Commissioners of Stark County, Ohio, for a change in the township lines of Massillon and Perry Township, and declaring an emergency.
COUNCILMAN HERSHER – This is ordinance is simply to petition as the title said the Board of County Commissioners of Stark County to amend the boundaries of Perry Township in the City of Massillon to show an annexation that was approved by city council on September 7th 2010. It’s my understanding from having been at the work session that at least I didn’t hear any concerns with this. I know that Mr. Mang had indicated that he would like to pass this, this evening unless there are any issues I plan on moving for suspension and passage.
COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Manson.
The rules were not suspended by a roll call vote of 6 yes, 1 no. Peters voted no.
ORDINANCE NO. 6– 2011 WAS GIVEN FIRST READING.
ORDINANCE NO. 7 - 2011 BY: ENVIRONMENTAL COMMITTEE
Authorizing the director of Public Service and Safety of the City of Massillon, Ohio, to prepare plans and specifications, advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Bar Screen & Grit Screw Replacement Project at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.
COUNCILMAN HERSHER – First reading.
ORDINANCE NO. 7 – 2011 WAS GIVEN FIRST READING.
ORDINANCE NO. 8 - 2011 BY: POLICE AND FIRE COMMITTEE
Amending Ordinance No. 198 – 2003 by repealing the title and Section 1, and enacting new title and Section 1, and declaring an emergency.
COUNCIL PRESIDENT GAMBER – Mr. McCune is not here Mr. Slagle or Peters is either of you…
COUNCILMAN PETERS – First reading.
ORDINANCE NO. 8 – 2011 WAS GIVEN FIRST READING.
ORDINANCE NO. 9 - 2011 BY: FINANCE COMMITTEE
Making certain appropriations from the unappropriated balance of the Neighborhood Stabilization Program Fund, Capital Improvement Fund and the 16th Street/Intersection Improvement Fund, for the year ending December 31, 2011, and declaring an emergency.
COUNCILMAN MANSON – Yes, we have 3 parts here we’re going to be dealing with. First section is requesting the appropriation of funds from the neighborhood stabilization program budget for the following activities: $50,000 to an account entitled NSP salaries, $9,500 hospitalization, $7,000 PERS, $2,500 workers comp, $6,000 NSP administration. This appropriation will enable the city’s community development to pay for staff expenses and other costs incurred in the administration and management of the neighborhood stabilization program and grant.
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 7 yes.
ORDINANCE NO. 9 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.
ORDINANCE NO. 10 - 2011 BY: FINANCE COMMITTEE
Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, for the year ending December 31, 2011, and declaring an emergency.
COUNCILMAN MANSON – First reading. If you have any questions for this bring it Monday night to the committee meeting we’ll be discussing it.
COUNCILMAN PETERS – What exactly is that is that the budget?
COUNCILMAN MANSON – No, that’s the ambulance.
COUNCILMAN PETERS – Okay, alright.
ORDINANCE NO. 10 – 2011 WAS GIVEN FIRST READING.
ORDINANCE NO. 11 - 2011 BY: FINANCE COMMITTEE
Authorizing the Auditor to pay various 2010 bills that have been received and that will be received by her office between January 1, 2011 and March 31, 2011, out of the 2011 appropriations within the various departments of the City of Massillon, Ohio, and declaring an emergency.
COUNCILMAN MANSON – Yes, it’s to prepare an ordinance authorizing the auditor to pay various 2010 bills that have been received and that will be received by her office between January 1st, 2011 and March 31st, 2011 appropriations within the various departments of the City of Massillon, and declaring an emergency. This is something we’ve passed every single year since I’ve been on council. We have to do it to be able to pay any bills whatsoever that are dated prior to January 1st. The deputy auditor is here if somebody has a question.
COUNCILMAN PETERS – Yeah, I just…how much does that entail?
COUNCILMAN MANSON – Anything that comes in.
COUNCILMAN PETERS –Yeah, but there’s got to be we’ve got to know how much.
COUNCIL PRESIDENT GAMBER – Would you like to call someone forward?
COUNCILMAN PETERS –Yeah, go ahead Pat.
PAT PENTELLO – It depends on which funds you’re looking at but at the end of December 2010 anything that was encumbered on a purchase order did not get paid and would be paid in the first three months of this year. So if you had your last cash report for the general fund I think we carried over $500 and some thousand on purchase orders some of those will be paid from that purchase from 2010 some of them maybe will come under that purchase order will be liquidated. But all that activity will take place in the first three months. So every fund had a different amount of encumbrances so we have a lot of funds we could go through them all but that’s pretty much what happens. If someone ordered and the bill didn’t come in time that gives us the authority to pay that whether it was more or less that what was on the P.O. Is there any other questions?
COUNCIL PRESIDENT GAMBER – If I may ask a question. The figures that you’re talking about those have all been approved by council at some point?
PAT PENTELLO – Yes, those were in the 2010 appropriations. The only amounts that would not be a purchase order would be anything related to payroll as a fringe benefit or insurance. Those are not on purchase orders and of course we did pay our insurance December in January of 2011. So those are the kind of items that piece of legislation would cover.
COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?
COUNCILWOMAN CATAZARO-PERRY – I would just like to thank deputy auditor for supplying me I asked this report to keep us up to date on the bills we paid so far. So any council member can get this also. So thank you.
PAT PENTELLO – As we pay them we run a check registers April 1st we will be liquidating all of the purchase orders that are not by contractual agreement. Are there any other questions?
COUNCIL PRESIDENT GAMBER – Mr. Slagle?
COUNCILMAN SLAGLE – So the report just so I get it straight that’s this one that’s marked Larry correct? (Yes) So these are all bills from 2010 being paid in 2011?
PAT PENTELLO – Probably most of them the way you can tell this is the purchase order if it says 2010. We haven’t issued too many 2011 purchase orders so probably most of those are all 2010.
COUNCILMAN SLAGLE – Thank you. Do we know yet if the number of police officers, firemen and the like that have turned in their letters?
PAT PENTELLO – We have a couple that turned in their retirement two in February, we have an officer leaving in January but they won’t be paid out till February. So we have two police officers, one fireman, a gentleman from the law director’s office. I think I gave you most of those on the list and we’ll have those exact numbers after this payroll for the people who are retiring. We’re doing those cash pay outs now.
COUNCILMAN SLAGLE – Is it permissible for us to discuss names? I thought there were I know one policeman definitely retired and two others I thought had to retire because of the drop program.
PAT PENTELLO – Let me get that information. We have three police officers that are in the drop program that we expect to leave this month or next month, one fireman who has turned in his resignation, several others that could possibly but we haven’t received any type of letter from them. We have a gentleman from the wastewater treatment and in the engineering department.
COUNCILMAN SLAGLE – I know that in the budget that’s been proposed by the mayor’s office there’s a $350,000 account that’s been set up for the purpose of dealing with the accumulated sick do you know if that amount is going to cover what we just discussed?
PAT PENTELLO – Yes, it will I did a I took the accrues from last year for those gentlemen and hopefully those are all we have.
COUNCILMAN SLAGLE – Thank you.
COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.
The rules were suspended by a roll call vote of 7 yes.
ORDINANCE NO. 11 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.
7. UNFINISHED BUSINESS
8. PETITIONS AND GENERAL COMMUNICATIONS
9. BILLS, ACCOUNTS AND CLAIMS
A. Copeco - $605.00
B. Keller Office - $132.16
COUNCILMAN MANSON – I move we pay the bills, seconded by Councilwoman Catazaro-Perry.
Roll call vote of 7 yes to pay the bills.
10. REPORTS FROM CITY OFFICIALS
A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR DECEMBER 2010 B COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR DECEMBER 2010 B COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR DECEMBER 2010 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR DECEMBER 2010 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR DECEMBER 2010 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR DECEMBER 2010.
G). MAYOR’S LIST OF BOARD AND COMMISSIONS
COUNCIL PRESIDENT GAMBER - We will file those and all of which I assume you have a copy. The mayor’s list of boards and commissions you all received that list two weeks ago in consultation with our law department it is appropriate for council to accept and approve every name on that list under one motion. If any one would like to you can break it out separately if you need to. Also on the matter of Mrs. Delrio she had been appointed to fill an uncompleted term this is a new term therefore she does need to be voted on by council. So if there’s any questions I’ll answer them if not I’ll recognize Mr. Manson for a motion.
COUNCILMAN MANSON – I move that we accept and approve the list of appointees to the boards of commissions as provided by the mayor, seconded by Councilman Hersher.
COUNCIL PRESIDENT GAMBER – Mr. Slagle?
COUNCILMAN SLAGLE – Yeah, I believe that by doing this that we will in fact be approving Michelle Delrio to be appointed to the parks to actually the recreation board. I think that satisfies our obligation unless you’ve decided not to approve her then perhaps we should spin her out but frankly she’s doing a good job. She wasn’t able to vote at the last meeting because she had not been approved yet by us. So I don’t see any reason to spin her out but we could do that but I think by doing that we should we’re acknowledging and I don’t think we’re violating that rule that we passed that we approved the mayor’s appointment to that board. Because that’s what we’re doing.
COUNCIL PRESIDENT GAMBER – Mr. Peters?
COUNCILMAN PETERS – I don’t mean to sound I still disagree with the law director I still disagree Mr. Slagle I think that should be voted on separately because we passed that ordinance separately. I just feel strongly about that so I’m going to make a motion that we do split the question on that and vote on them separately.
COUNCIL PRESIDENT GAMBER – Perfectly fine is there a second? Seconded by Councilman Townsend. Are there any other comments or questions or requests for splits? Alright we’ll vote on the latest one first we have a specific motion to vote on Mrs. Delrio for a full five year term.
Roll call vote of 7 yes to approve the appointment of Mrs. Michelle Delrio-Keller to the Massillon Recreation Board.
COUNCIL PRESIDENT GAMBER – Thank you, the balance of the motion is to approve everybody else on the list.
Roll call vote of 7 yes to approve the remaining list of the mayor’s appointments to the boards and commissions.
11. REPORTS OF COMMITTEES
COUNCIL PRESIDENT GAMBER – Next Monday is the fourth of five Mondays so we will skip it and be back on the 31st for work session. Is there anything else reports, resolutions or requests from any councilmen or committee chairmen.
12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS
13. CALL OF THE CALENDAR
14. THIRD READING ORDINANCES AND RESOLUTIONS
15. SECOND READING ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 2 – 2011 BY: PARKS AND RECREATION COMMITTEE
Authorizing the Mayor of the City of Massillon, Ohio, to enter into contract agreements with Variety Attractions, Inc, L & B Entertainments Inc., and other companies for various engagements for the 2011 summer concert series, and declaring an emergency.
COUNCILMAN SLAGLE – Yes, while I hoped we would vote on this tonight I do believe the mayor should be here to confirm the details of the agreement. Also I would like his representation again although since he’s in separate years made that same personal guarantee I suspect he will again. But in the best interest of us I believe that he should be here because he missed the last meeting as well so second reading.
ORDINANCE NO. 2 – 2011 WAS GIVEN SECOND READING.
17. REMARKS OF DELEGATIONS AND CITIZENS TO ITEMS NOT ON THE AGENDA
ERIC WOHLWEND – I am from Clear Sky Realty. I live at 5844 Dueber Ave SW, East Sparta. I am a national housing provider as well as the only certified property manager candidate in Stark County. I manage hundreds of rental properties all over Stark, Summit, Mahoning and Tuscarawas Counties. I’m here to speak about interior inspections which I have worked with both the City of Canton and the City of Alliance with their inspection ordinances. Currently Stark County, Massillon’s really the best city in this county to work in properties have the best resale value the community is the most stable and the properties overall are in better shape than in either Canton or Alliance. The new inspection ordinance that has been brought up and was in the paper is basically modeled after Canton’s old ordinance. This was just repealed some of the reasons they repealed that and went to complaint driven they found that interior inspections are not cost effective. Now there’s no interior inspections anywhere unless there is a complaint. After years of doing the code inspections look at what’s happened to the City of Canton it has a higher percentage of vacant homes, lower resale values in the city and a lower percentage of owner occupied homes. If Massillon wants to start the interior inspections they would not only have to hire new inspectors and clerical staff but also buy assets such as vehicles. It costs the owners a lot of time and money to meet with them. Overall Canton loses approximately $350,000 a year doing the inspections that they did so that would have to be scaled down for the number of units in this city. Alliance worked on an interior inspection ordinance for over two years which was then vetoed by the mayor for lack of money to support the ordinance. Akron is on a complaint driven basis. Monetarily speaking this city will lose money if it attempts to do interior inspections on every rental property and this is my opinion based on all of the facts and all the studies that I’ve done on all of the cities in this county and surrounding counties. I like many investors want to invest in better, safer, cleaner cities a better city not only increases the value of our properties but it also increases your tax basis. We want ease of owning and investors want the city that has the highest rents and the lowest hassle. We are the people that spend hundreds of thousands or even millions of dollars each year in your city from this money you get sales taxes from the materials we buy , you receive tax on all the rental income and we increase the property values so you get higher property taxes. Every property that we fix up not only increases its value but all of the values around it. This we buy the properties that nobody else can buy the ones that are run down they have electrical problems, they have plumbing problems, leaking roofs, broken windows and basically you can not get a bank loan. These are the things we’re coming in and buying and fixing up for the city. I’ve been investing in Massillon for over five years now and I’ve also brought a handful of other investors with me. I’ve avoided the City of Canton strictly because of their inspections. I’d much rather spend my money on your city I get a much better return and I have a lot more fun working with this city council than theirs you listen a lot better. The ordinance would be an inconvenience at least to all investors it would cost tenants money and it would really affect the homeowners that only have one or two homes. These are the people that can least afford it they just got transferred they can’t afford their other home because the value isn’t there like it was when they bought it five years ago. I represent a lot of these people that I have to rent out their home until the values come back up and they can sell it for what they owe. These are the people that will be hit the most and the hardest by this. If even a handful of them go into foreclosure you’ll see that in December alone 147 properties in the City of Canton went for foreclosure in the City of Massillon only 47 went into foreclosure. But every of these is potentially a boarded up vacant home in the city which nobody wants. So if this passes it will be the only city in Stark County that still does interior inspections; one of only five cities in the entire state that I know of. If you have any questions I’m happy to sit down and help you write an ordinance that I think can help the city if you know exactly what we want to go after and what we want to get rid of. You can reach me on my cell phone anytime at 330-730-2164 or you can email me at CEO@ClearSkyRealty.com . Thank you for your time.
COUNCIL PRESIDENT GAMBER – Excuse me may I ask have you been in contact with our new building director Mr. Houpt?
ERIC WOHLWEND – I would be very happy to…
COUNCIL PRESIDENT GAMBER – Have you been to this point?
ERIC WOHLWEND – I have not yet no.
COUNCIL PRESIDENT GAMBER – Okay.
ERIC WOHLWEND – I was hoping they would be here tonight.
COUNCIL PRESIDENT GAMBER – Thank you.
COUNCILMAN SLAGLE - I move that we adjourn, seconded by all.
MARY BETH BAILEY, CLERK,
GLENN E. GAMBER, PRESIDENT