MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, FEBRUARY 3, 2014 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, February 3, 2014.  We have in attendance with us this evening the following city officials we have Mayor Kathy Catazaro-Perry, Parks Director Doug Nist, City Engineer Keith Dylewski, Safety Service Director Al Hennon, Community Development Director Ted Herncane, Police Chief Keith Moser and Law Director Perry Stergios. For those of you who like to follow tonight’s meeting we have agendas over to the left for anyone like I as I stated who wish to follow the meeting.  Also if you look on the agenda 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:  Milan Chovan, Sarita Cunningham-Hedderly, Michelle Del Rio-Keller, Nancy Halter, Ed Lewis, Paul Manson, Andrea Scassa, Megan Starrett and Shaddrick Stinson.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILWOMAN DEL RIO-KELLER Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN DEL RIO-KELLER – Chairperson of the Parks and Recreation Committee led those in attendance in the Pledge of Allegiance. 

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - 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

COUNCIL PRESIDENT TOWNSEND – We have arrived at item 5 this is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda if you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you want to discuss at this time. 

JIM HUEBNER – 55 6th Street SE in Massillon.  And I wanted to talk a little bit tonight about my appeal on this mandatory pooling order regarding I think its Ordinance No. 136 that’s out again tonight here for that’s been I’m sorry not pulled but tabled until tonight.  On December I’m sorry November 12th of this year I had to appear before the technical advisory counsel on the Ohio Department of Natural Resources Oil and Gas to make my case on why my property shouldn’t be mandatory pool.  Then I assumed most everyone knows especially the people who’ve been here for a while understand what the mandatory pooling order is.  But for those of you who might be familiar it’s an order that’s given by the Ohio Department of Natural Resources Oil and Gas Resources management chief and in this case his name is Richard Simmers.  And you go before this counsel an advisory counsel which just makes recommendations to the chief.  You know for about five years Eastern Everflow or rather Everflow Eastern was trying to get me to sign leases in this drilling unit for a well down on Tremont Street and I refused.  So they made a request with the state to mandatory pooled my property and that of 14 other people that live within that 40 acres who didn’t sign leases.  The TAC which is made up of oil and gas people recommended to the chief that my property and the property of those 14 others be mandatory pooled into this drilling unit.  So without our consent we became part of this drilling unit.  I filed an appeal which is now pending and the basis of my appeal is that we were at that hearing on November 12th a representative from Everflow Eastern was asked if he had all of the arrangements with the City of Massillon taken care of and he testified that he did.  The problem is is that he didn’t he did have a lease with the City of Massillon which included 1. or I’m sorry .33 acres of city owned land.  What he did not have was 40 consecutive acres which is required for a drilling unit because he didn’t have the roads in Massillon which are owned by the city included in that.  The ordinance that you are looking at now 136 has added 7.77 acres and that’s all city owned property in the form of streets to the drilling unit to make it to make it a contiguous 40 acres.  That wasn’t the case when he testified before the TAC committee in Columbus.  And so what this new lease basically is is they’re just trying to cover their butts.  The drilling permit has already been issued for that well down there but I believe it was issued under false pretense because they were not truthful at that hearing about what they had.  I think they probably felt that they didn’t have any problem getting the first lease signed they probably wouldn’t have any problem getting the second lease signed but all its doing is covering them.  They already have the permit but they need that lease to move forward with the drilling.  And so I’m hoping people here on city council will understand that you’re position in this is that you’re kind of being used.  You know you’re helping cover their butts is what you’re doing if you vote for 136.  Thank you.

LES DUNDICS – I’m representing Everflow Eastern Company, I’m the gentleman that Mr. Huebner is referring to down at the state.  And when the questions were asked just to show you how things work same way thing with the City of Akron is we can not present a lease to you and these are your requirements until we have a final plat.  Which means that you have to see exactly who’s involved, who’s not involved.  So we can’t present that to you until we have at 90% of the people already leased.  Which we do.  We have over 115 leases already obtained.  Then we present it to you at the same time we present it to the state okay, Mr. Huebner didn’t want to sign that’s fine.  That was the second Tuesday in November you didn’t have your meeting until February 21st I believe you had it.  When the questions were asked of me I told them that we did have an agreement with the mayor, we did have the agreement with the engineers we included into them of what we did include and what we did not include.  They know that the city’s we don’t have just like we don’t the City of Akron when we go down there.  We can’t drill a well if we don’t get your lease.  That’s a fact so they know that in both situations.  Their interest was did I protect the aqueduct that we have we said we would do that this is what I stated to you on the 21st.  We told them that we would bond the road for to make sure that if we damaged any of the roads we’d take it so we didn’t hurt them.  We also put you on our insurance policy of I think $10.5 million of insurance policy that we named you which nobody has done for you before.  So yes, we did want to do these but we did those we included in those in the negotiations that we had with the mayor and your safety services man and the engineer.  Now you had initially signed the lease with us for point some acres four parcels.  Mr. Huebner is correct I due to the fact that I didn’t even represent Everflow at that time you signed the lease to include him to that I did make the assumption that we wouldn’t have a problem at the end of it whenever we needed we didn’t know what streets we were going to put on it I could have never sent you the lease right off the bat for the simple reason I didn’t know what people were going to sign what people won’t sign so therefore I don’t know what parts of the streets you include.  Not every city includes streets.  You claim ownership to the streets, Akron claims ownership of the streets, City of Youngstown does not claim ownership of the streets they give it to the landowners.  So each city is different so we have to handle each city differently.  Just because we have a permit does not mean that we can drill the well simply because we don’t have the acreage that we said we were going to get by the end of before we drilled a well.  So as far as the mandatory pool we have like I said we have to at least 90% before we can even present it to the state so that’s why it takes so long before you even get it.  Initially we submitted our lease to the mayor in August first part of September so that would it have been taken care of.  But it wasn’t it was delayed so therefore it wasn’t.  Any questions for that?

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT TOWNSEND – Okay, lets move on to #6 introduction of ordinances and resolutions.  Ordinance No. 5.

ORDINANCE NO. 5 - 2014                        BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement between the City of Massillon, Downtown Massillon Hotel, Ltd., and Charles Street Ltd., which would permit, if certain conditions are met, canceling the promissory note associated with the loan for the Hampton Inn project and release the related mortgages and any other liens related to the financing of the project upon payment in the amount of $1.4 million to the City, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  I’m going to be giving this first reading at next Monday’s committee meeting we will have the people from the hotel here Mr. Heline and Mr. Gribble.  I would hope that we can get the law director here in case we have some legal questions that come up.  So take a look that the papers we passed out last week and see if you start getting any questions your mind and that’s when we’ll discuss them and then we’ll have some time to get the answers.  I’ve been asking the law director to dig in more on the lease that pertains to the parking deck I want to make sure that remains under our control but still that we share the expense of maintaining it because those are expensive to maintain.  But having said that next Monday’s it first reading.

ORDINANCE NO. 5 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – First reading, thank you.  Ordinance No. 5 has received first reading.

ORDINANCE NO. 6 – 2014                       BY:  PARKS AND RECREATION COMMITTEE

Establishing the new 2014 Club Legends Room/Tent fees to be charged at The Legends of Massillon Golf Course, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President, I will be giving this first reading.   

ORDINANCE NO. 6 – 2014 WAS GIVEN FIRST READING.  

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 6 has received first reading.

ORDINANCE NO. 7 – 2014                       BY:  PARKS AND RECREATION COMMITTEE

Establishing the new 2014 Facility/Pavilion Cancelation fees for the Massillon Parks and Recreation Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President, I will be giving this first reading.  

ORDINANCE NO. 7 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 7 has received first reading.

ORDINANCE NO. 8 – 2014                       BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Consent Legislation with the Ohio Department of Transportation for the STW MUNI BRDG INSP PROG 2, PID 97103, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, we discussed this Monday night at the work session.  It’s the state has identified the need for a bridge inspection program and the state will assume and bear the 100% of all of the cost unless we agree to pay a 100% of the cost for features which are not included in the attached general engineering service.  We’ve had the city engineer answer questions Monday night if you have more questions tonight we can call him up.  Are there any other questions?  Everybody satisfied?

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Mr. Dylewski?

COUNCILWOMAN HALTER 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. 8 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 8 has passed.

ORDINANCE NO. 9 – 2014                       BY:  STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE

Accepting the dedication of road right of way and replat for the property located at 1306 17th Street SW owned by Jamie Gresser.  The dedication includes approximately 0.119 acres of the existing roadway area and replat of the adjourning property, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – First reading, Mr. President.   

ORDINANCE NO. 9 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 9 has received first reading.

ORDINANCE NO. 10 – 2014                     BY:  FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Safety Forces Improvement Fund, for the year ending December 31, 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, I have sent an email to Judge Elum; he was able to explain some of the purchasing or the the reasoning behind this particular piece of legislation.  I also had a chance to speak with Safety Service Director Hennon and Chief Moser before this evening.  I have some more information about what was being purchased and how this will benefit the city.  I feel that benefits the committee and other council members to also hear from them so I’ll be giving this reading tonight and we’ll have a discussion at the next committee meeting.

ORDINANCE NO. 10 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 10 has received first reading.

ORDINANCE NO. 11 – 2014                     BY:  FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 1206 Municipal Motor Vehicle License Plate Fund and the Summer Concert Fund, for the year ending December 31, 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this legislation is a pretty standard business in the finance committee.  We have the services and contracts this is opening up money so that you know certain services and contracts can be fulfilled by the department.  And in the one that maybe catching everybody’s eyes will be the summer concert series.  I think it’s important that we note that this is money that is donated to the fund so that we continue to have the summer concerts in downtown.  This is as the mayor stated at the committee meeting the start up money to kind of start getting some of the publications out there and really just get the ball rolling for the summer concert series.  Unless there are any questions I would want to try to see if we can have this passed this evening.  So do I have any questions from the floor?

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 11 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 11 – 2014 has passed.

ORDINANCE NO. 12 – 2014                     BY:  FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Jobs and Commerce Economic Development Agreement between the Ohio Department of Transportation and the City of Massillon for the 9th Street SW Improvement Project, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS –  Yes, this is the 9th Street SW Project some of you that were on council last year will remember that we had passed legislation in that session of council to have this section of roadway repaired.  There are many industrial and commercial businesses in this section of town who will benefit greatly from the street repairs.  This is an addition to this, this is a grant that the administration was able to find that will give the city $200,000.00 its reimbursement towards this project.  This legislation is simply us accepting and the continuation of signing to the agreement of that grant.  If you look at exhibit “A” the grant agreement is attached to this legislation it was there at the last committee meeting we had a chance to discuss and review it at that time.  Unless there are any questions or discussion I’d like to make a motion that we bring this forward tonight. So are there any questions or discussion this evening?

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 12 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 12 – 2014 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR BIG LOTS STORES INC DBA BIG LOTS 5128 71 MASSILLON MARKETPLACE DR SW MASSILLON OHIO 44646

COUNCIL PRESIDENT TOWNSEND – Thank you, did the councilperson did receive a copy? (Yes)  And we will file that.  Thank you.

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A.  AUDITOR SUBMITS MONTHLY REPORT FOR JANUARY 2014.

COUNCIL PRESIDENT TOWNSEND – Okay, I do need a motion from Councilman Lewis to accept the auditor’s report.

COUNCILMAN LEWIS  – I move that we accept the auditor’s report for January 2014, seconded by Councilwoman Del Rio-Keller.

Roll call vote of 9 yes to accept the Auditor’s report for January 2014.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Are there any reports of committees?  Councilman Lewis?

COUNCILMAN LEWIS  – As the members of council are well aware we are currently operating in the city under a temporary budget.  This afternoon I met with Mr. Koher and Ms. Bonk to kind of start looking and get that conversation started.  We decided that we would have a committee of the whole after the next work session. So right after finance committee meets all of us will sit down and begin to start talking about the budget and Mr. Koher will be here and Ms. Bonk will also be present for that discussion.  Just as a point of information I think whenever we’re doing the budget conversation it will be in the group of a whole since it is such a vital piece of legislation for the city. 

COUNCIL PRESIDENT TOWNSEND – Thank you, is there anyone else?

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Are there any resolutions or requests of council members?  Okay, lets move on to Call of the Calendar.

13.  CALL OF THE CALENDAR  - TABLED FROM DECEMBER 16, 2013

ORDINANCE NO. 136 - 2013                    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 and Oil Lease with Everflow Eastern Partners LP., for 8.10 acres of real estate owned by the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, due to the fact that a second letter has to be mailed out to all of the property owners and the residents this is now going to be tabled till February 18th, the 17th is President’s Day.

COUNCIL PRESIDENT TOWNSEND – I believe I need a motion to table that to February 18th.  So that’s your motion may I have a second.  Seconded by Councilman Lewis.  Roll call to table Ordinance No. 136 – 2013 to February 18, 2014.

ORDINANCE NO. 136 – 2013 HAS BEEN TABLED UNTIL FEBRUARY 18, 2014 BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk.  

ORDINANCE NO. 137 - 2013                    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 and Oil Lease with Everflow Eastern Partners LP., for 10.65 acres of real estate owned by the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, the same as Ordinance No. 136 this will be tabled until February 18th.

COUNCIL PRESIDENT TOWNSEND – Okay, she’s looking to table Ordinance No. 137 until February 18th, 2014.  Okay, may I have a second to table Ordinance No. 137 until February 18th, 2014? Seconded by Councilman Stinson.  Roll call to table Ordinance No. 137 to February 18th, 2014.

ORDINANCE NO. 137 – 2013 HAS BEEN TABLED UNTIL FEBRUARY 18, 2014 BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 136 has received second reading.  

ORDINANCE NO. 148 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign an amendment and extension of an existing Oil and Gas Lease.  The well lease area includes part of The Legends Golf Course Property with a requested lease area from the City of Massillon of 9.77 acres, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, again Mr. President, as Ordinance No. 136 and 137 I would like to make a motion to table this until February 18th. 

COUNCIL PRESIDENT TOWNSEND – Thank you, may I have a second to table?  Seconded by Councilman Lewis to table Ordinance No. 148 – 2013 until February 18th, 2014.  Roll call to table Ordinance No. 148.

ORDINANCE NO. 148 – 2013 HAS BEEN TABLED UNTIL FEBRUARY 18, 2014 BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 148 will be tabled until February 18, 2014.

ORDINANCE NO. 149 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign an amendment and extension of an existing Oil and Gas Lease.  The well lease area includes the property known as Shriver Park, with a requested lease area from the City of Massillon of 5.40 acres, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, again as the previous ordinance I would like to make a motion to table this until February the 18th.

COUNCIL PRESIDENT TOWNSEND – She made a motion may I have a second?  Seconded by Councilman Stinson.  Roll call to table Ordinance No. 149 – 2013 until February 18, 2014.

ORDINANCE NO. 149 – 2013 HAS BEEN TABLED UNTIL FEBRUARY 18, 2014 BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 149 will be tabled.  

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 2 - 2014                        BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from R-3 Single Family Residential to RM-1 Multiple Family Residential. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – I’ll just give that second reading.

ORDINANCE NO. 2 – 2014 WAS GIVEN SECOND READING.  

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 2 has received second reading.  

16.  NEW AND MISCELLANEOUS BUSINESS

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

COUNCIL PRESIDENT TOWNSEND – Okay, we have arrived at #17 is there anyone present that would like to speak on a topic that did not appear on tonight’s agenda if so please approach the microphone and give your name and address and the topic you wish to discuss. 

18.  ADJOURNMENT

COUNCILWOMAN DEL RIO-KELLER  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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