|
MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, February 4, 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 will make an exception if anyone would like to speak about any golf course matter you can do that under #5. 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 COUNCILMAN MAIER Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MAIER – Chairman of the Police and Fire 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 COUNCIL PRESIDENT GAMBER This is the point of our agenda where we invite citizens forward to speak to items that are either on the agenda or related to the golf course tonight. So if there’s anyone like that we invite you forward. KEVIN MCDONALD – I live at 2460 Bright State Drive, Massillon, 44646. I’d just to comment on the situation of the Legends Golf Course. When I came to the last council meeting I offered a suggestion and two questions and I wasn’t approached or the questions answered. Tonight it was supposed to be plan b and I sat for an hour and 20 minutes and didn’t hear anything about plan b. I thought plan b would be the for or no votes it seemed to be no votes for selling the course as to the option that’s available to us. I thought the meeting would be the presentation of plan b. Well, I can I’m disappointed about that and I thought you know the way it was portrayed in recent minutes that input from the public has been sought. But I guess it’s a good idea but its never done. I really think there is a parks and recreation board who I understand that worked on this for about a year. How a committee can catch up in a couple of weeks with all the background and the information they have I think you know would be a struggle. I’m willing to give input on how to make the new Legends successful. But as far as I can see and what I’ve heard the only option is to sell that portion of the course. The reason I got involved in it was I didn’t like the use of 8 south; 8 south is being kept for the golf course view for the perspective buyers. It just makes the course impractical to play because from 8 south to 3 north is a good 15 minutes walk with a golf bag. If you’re walking and there was a golf you were playing with you know someone with a cart behind they would pass you on the way. You know its just unthinkable that they could even think about keeping 8. I suggested to Mr. Kaminski that they knowing what a golf course is like the people who would live there after they’ve lived there awhile would prefer not to have a golf course there. Because that’s a bail out area all down the right hand side. It’s a you’d be out of bounds left and right so my concern in getting involved is that I think it would make it a better course if we could get behind an 18 there’s no laid out 18, no like ground work of what the 18’s going to be. This idea you can’t get behind you know 5 or 6 ideas you have to have what we’re going to be selling in the future. I just I’m disappointed that I always thought that like council members and people you know had access. Well, you do have access you know you kind of shut the public out when they come to these meetings. The ones you don’t speak into the microphones so we can follow along with you. Then the other thing is you’re always passing pieces of paper around and you don’t share it with us. But we come to the meetings you know if you didn’t want us to take it away and get it in the press I can understand that. But the press is here he gets a copy but we don’t a copy then they go back and then they misquote in the newspaper. I’ve been down to the newspaper and talked to the editor about reporting accurate facts. He says they don’t have the resources to investigate everything that’s told to them. So I have to apologize but I didn’t say anything to the lady but when I first heard that there’s got to be a better idea somewhere out there. I didn’t know that’s the way it was reported in the newspaper but I then when I read the minutes online I could see you had a great concern. All the people that are against this do have a concern about selling the course and the mess we’re in. But that’s not reported in the paper so when we come to the meetings people you look at the crowd people don’t come because they’re shut out. These guys excuse me call you guys but they’re 12 feet from the microphone and it’s a private conversation. You know there’s sunshine laws people have to you’re supposed to know its just be here and you discuss it in public. The publics supposed to know what’s going on that’s why we’re in a mess like this things that are put in the paper that don’t really reflect what’s going on at council. Everyone thinks it’s a good deal I have a piece from the Inde online from when the previous parks and rec. manager suggested that they consolidate the debt and it would become a long term investment for the recreation department a long term investment. That was okayed by council that meant they took it on and you know its not like you can start splitting them apart now. They took on as a long term investment Mr. Bryan said that there would be no cutbacks in services they said there was excess money there coming in from what they were setting aside to pay the bond debt from the revenue that was coming in taxes. So all of this has been out there last year I wrote to the Inde online and sent them pictures of the mess they made when they did the logging out there. What did I get back, nothing. I told them that the reports that were going into council weren’t showing or reflecting an accurate picture of the golf course. It wasn’t in the best shape its ever been and its just council is too much of a hands off on this. They’ve got to get more involved you know this is a humungous amount of money we’re talking about. Mr. Mang, you know his question is right where do you come up with this extra money? The obvious answer is you sell that part of the course you move on and make the rest work and learn by your mistakes. So I know I spoke too long but that’s the way I feel about it and I talked to a lot of people the golf shops and the Legends being dragged through the newspaper its becoming you know its like who wants to go there the whole place is messed up they don’t get the real story. It’s turning into a pretty decent course under the new superintendent and Kenn Kaminski I had a very, very long conversation with him and he’s got some good ideas for next year how to re-manage the course. If the people there didn’t know what they were doing before that’s gone we’ve got to move on. You know I keep hearing about what’s been happening up there this wasn’t done there’s things that have to be done now that’s where I’d like to help in giving input. I don’t want to dig up the past. COUNCIL PRESIDENT GAMBER Alright, thank you, Mr. McDonald. If I could suggest that you speak with Mr. Townsend. Mr. Townsend is the chairman of the park and rec. committee and I’m sure he would welcome your input. In terms of public input at our meetings at our council meeting tonight we do have two portions of the agenda that allow for public input. You just made your comments, at a work session the public is invited to observe but not necessarily participate. That’s what makes it an open meeting we are meeting in front of the public the newspaper is here to report. How they report, what they report is up to them I was told a long time ago you never pick a fight with anybody who buys ink by the barrel. So whatever they do with their newspaper is up to them and you as a subscriber as a citizen can make your comments directly to them. But I do appreciate you coming as you indicate there are very few people in the audience. But on the occasions when we do have public hearings quite often this room is full and the purpose of those meetings is specifically to let people speak directly to council and make their points. But thank you very much for your comments. Is there anyone else who would like to speak to an item this evening? 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 24 2008 BY: PARKS AND RECREATION COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the purchase of chemicals and fertilizers for The Legends of Massillon Golf Course, and declaring an emergency. COUNCILMAN TOWNSEND – We discussed this last week at the work session initially I was hesitant to put this on the agenda because the auditor did not sign it. But I have noticed that she has since signed the form because there was an issue about there was no money in the pot. So I would like to call Auditor Mrs. Ferrero; I noticed that you signed this early on a couple of weeks ago there was no money could you explain to council where did the money come from? AUDITOR FERRERO – We’re going to be taking that out of park and rec. out of their supply line item. That’s where we found the funds and that’s where they’re going to have to come from. There are no funds in the Legends line item to take that from. Parks and rec. is willing to do that so that was why I signed. COUNCILMAN TOWNSEND – I agree with both council members we must maintain an attractive golf course in order to get the people to come in there and use the course after I think one of the steps that we have to take in order to get the golf course out of the situation that it is in. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 24 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 25 2008 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign a LPA Agreement with the Ohio Department of Transportation for the improvements to various intersections and the paving of SR 241, and declaring an emergency. COUNCILMAN PETERS We discussed this at the work session last Monday. If nobody has any questions or if they do I’ll bring the engineer’s here we can bring Mr. Dylewski up and ask him if anyone has any questions if not I’m going to move on this tonight to pass. COUNCILWOMAN CATAZARO-PERRY – I would just like to have it repeated again where the funds are coming for our percentage that we need to put in if the engineer could come up and answer that question, please. ENGINEER DYLEWSKI – This project is going to take probably at least a year to design so this won’t be a project that will probably happen till the earliest sometime in ’09. With the paving and signals that we have funded our share will probably be in the ballpark of $140,000.00. Whether that’s a capital improvement project or we also have opportunity to get municipal road fund money for that. You know that’s something that will be pursued sometime next year. COUNCILWOMAN CATAZARO-PERRY – But once the agreement is signed though we are contracted to pay those fees, correct? ENGINEER DYLEWSKI – We’re saying we’re going to do the project that’s correct. For the signals themselves you know we’ve got approximately $400,000.00 worth of funding and we’re only $20,000.00 of our share so I mean that’s obviously a pretty situation to be in for us. The paving we have about $120,000.00 that would be applied towards that and ODOT would be funding the remaining. COUNCILWOMAN CATAZARO-PERRY – Thank you. ENGINEER DYLEWSKI – Sure. 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. ORDINANCE NO. 25 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 26 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, 16th Street Intersection Improvement Fund, Wastewater Treatment Fund and the Law Enforcement Trust Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we discussed this at last week’s committee meeting. There’s four parts to this today. The first part is leases that we have for 2008 that we know exactly what the cost is going to be. Police cruiser payment $104,000.00 approximately, fire truck lease payment $51,000.00, street sweeper lease payment $19,700.00. Then from the Wastewater Treatment Fund we have $48,000.00 that we are transferring to services and contracts and that is $48,000.00 for Bricker and Eckler for the two issues we have there. One with tertiary filters and the other pertains to the issues that we still have with KoKosing Construction Company. Then section 3 is $50,000.00 from the unappropriated balance of the 16th Street Intersection Improvement Fund for the design project. We approved this to go out I think last month. So this is the money for the design. The last one is from the Law Enforcement Trust Fund and we are approving $10,000.00 no what a minute I’m sorry I missed one there the $14,000.00 one we have a little problem it would be $14,000.00 that’s part of section 2. That should be $14,600.00 I was informed by our engineer tonight since this is first reading Mr. President would you recommend we just amend that part of the ordinance? COUNCIL PRESIDENT GAMBER I would call it a typo if everyone could correct that to $14,600.00. Let me ask this though is that truly a typo or did an amended number come in from the engineer? ENGINEER DYLEWSKI – An amended number. COUNCIL PRESIDENT GAMBER Alright, we better amend it then. (Should I handle that at the end?) Yeah, when you’re finished explaining all the sections we’ll amend it. COUNCILMAN MANSON Alright, I skipped over that on the way down through but that $14,000.00 will become $14,600.00 we’ll discuss that at the end. The others well, section 4 $10,000.00 for new equipment from the Law Enforcement Trust Fund and that’s the purchase of fire arm simulators and treadmill. That’s it anybody have any questions on it I will first move amend section 2. COUNCILMAN MANSON moved to amend section 2 of Ordinance No. 26 – 2008, seconded by Councilwoman Catazaro-Perry. ORDINNACE NO. 26 – 2008 WAS AMENDED TO REFLECT THE CHANGE IN SECTION 2. 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. 26 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 4 2008 BY: FINANCE COMMITTEE A Resolution to update the Fiscal Audit Team and Report Review Committee for the City of Massillon, Ohio. COUNCILMAN MANSON Yes, we discussed this at the work session. This is done regularly I won’t say its done every year but I would imagine every two years. We did have a couple of changes in it we had to add the auditor Jayne Ferrero and we had to add myself in place of Mr. Bryan. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 4 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM LARRY J HODGSON DBA KENDALL TAVERN 705 WALES RD NE 1ST FL & STORAGE BLDG MASSILLON OHIO 44646 TO 705 WALES RD NE DBA KENDALL TAVERN 705 WALES RD NE 1ST FL & STORAGE BLDG MASSILLON OHIO 44646. COUNCIL PRESIDENT GAMBER Mr. Mang, I believe that’s in your ward? (Yes) You have all the paperwork (Yes). 9. BILLS, ACCOUNTS AND CLAIMS A. INDEPENDENT - $406.38 COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call vote of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JANUARY 2008. COPY FILE COUNCIL PRESIDENT GAMBER Alright, we’ll need a motion to approve the auditor’s report and then also one for the Mayor’s appointments. Mr. Mayor, is there anything you’d like to say about those? Alright, Mr. Manson? COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman Hersher. Roll call vote of 9 yes to accept the auditor’s report. COUNCILMAN MANSON I move that we accept the Mayor’s appointments, seconded by Councilman Maier. Roll call vote of 9 yes to accept the Mayor’s appointments. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee reports we have committee meetings next Monday February the 11th. Our next council meeting will be on Tuesday, February the 19th because we do have President’s Day off on Monday the 18th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN HERSHER – We do have copies of the sewer rate study if all the council members could pick up a copy on their way out tonight. COUNCIL PRESIDENT GAMBER They’re prepared? COUNCILMAN HERSHER – Yes. COUNCIL PRESIDENT GAMBER Do you have an idea how long one report is? COUNCILMAN HERSHER – Substantial. COUNCILMAN MANSON Just to go along with Dave if its okay. We will be starting Monday on the ordinance now that’s a study that’s not the ordinance. We are having I don’t know we’ll be having URS that did the study in we’ll be having in all probability the couple one or two people hopefully two people from the Ohio EPA. We will be starting to discuss this, this will go three readings we have no intention of moving it ahead trying to move it ahead fast or anything like that. We’ll just take our time and work through it so everybody understands it. That’s it you can read the report I don’t think I would dig too deeply into the charts in there. We’ll have the man from URS that’s responsible for putting it together and explaining it to us. He’s been explaining it to the companies so far. Keith’s been in contact continuously with the companies. We’ll just start going through this thing next Monday. COUNCIL PRESIDENT GAMBER Alright, everyone be sure to grab a copy. COUNCILWOMAN CATAZARO-PERRY – On February 21st which is a Thursday there will be a meeting at Smith Elementary School to discuss rezoning on Lincoln Way I believe it’s the 24th Street block. A company from Tennessee is coming in and their holding the meeting with ward 3 residents within that 300 feet area. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS 15. SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 11 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign a proposal with URS for professional engineering services for the design of certain intersections in the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN PETERS We talked about this two or three weeks ago at a work session. I gave it first reading for no reason. It’s for the intersections that they’re going to be studying is Lincoln Way East and 27th Street/Jackson Avenue, Wales Road and Lake Avenue, Erie Street and Tremont Avenue, Wales Road and Hankins Road. Again, if there aren’t any questions in case somebody forgot about this our engineer is here to answer those questions. COUNCILMAN MANG One question for the engineer. Keith, would this put this the work at the intersections along with the repaving would that approximately about the same year 2009 maybe? Or would you believe these would be in ’08? These would be 2009? (That’s correct) So the two projects would go together the paving and the signals. (exactly) Thank you. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 11 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 12 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Accepting the replatting of Part of Out Lots 373 and 491, located on the south side of Walnut Road SE, east of 16th Street, and including the dedication of existing right-of-way areas for Walnut Road SE, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency. COUNCILMAN PETERS Yes, we also discussed this. This is it was approved by the Planning Commission at its January 9th 2008 meeting. This is for M & K Supermarket which they’re putting in a gas station on the southeast side on Walnut Road. This is just combining two existing lots into one. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 12 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 13 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Accepting the replatting of Part of Out Lots 691 and 940, located on the south side of Nave Road SE, west of Veterans Blvd, and including the dedication of existing roadway areas, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency. COUNCILMAN PETERS This ordinance is was also approved at the January 9th meeting of the city’s Planning Commission. This property is the site of storage buildings the applicant is Fairbanks Properties. The property owner is proposing to construct two additional storage buildings on this property. So its proposing the replat of this property into one parcel. COUNCILMAN MANSON Are there already storage buildings on that first lot or one those lots do you know? COUNCILMAN PETERS I don’t know that, but there’s storage buildings on that property. But I mean I don’t know what’s on the second lot. Nothing. COUNCIL PRESIDENT GAMBER Does that answer your question Mr. Manson? COUNCILMAN MANSON Yes, would be additional buildings. COUNCIL PRESIDENT GAMBER For the record the Mayor nodded his head yes in response to the question. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 13 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA COUNCIL PRESIDENT GAMBER Mr. McDonald, I’m going to ask the Clerk to either find you a copy or make a copy of the handout that was received by the councilman tonight regarding the budget from parks and rec. If you’d like that and then see her after the meeting and she can give you that. 18. ADJOURNMENT COUNCILMAN MAIER – I move that we adjourn, seconded by all.
|
©Copyright 1998 - present City of Massillon.
All Rights Reserved
Designed and Maintained by Imaging
2000 Web Design