MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, FEBRUARY 7, 2011 

COUNCIL PRESIDENT GAMBER -I'd like to welcome all of you to Massillon City Council for Monday, February 7, 2011.  We have in attendance with us this evening: Mayor Cicchinelli, Auditor Ferrero, Fire Chief Burgasser, Community Development Director Aaby 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. 

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Gary Anderson, Dave Hersher, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 7 present.

COUNCIL PRESIDENT GAMBER  - Mr. Manson?

COUNCILMAN MANSON - Yes, I’d like to make a motion that we excuse Councilman Mang, he was here earlier and I guess he became ill and he had to leave. 

COUNCIL PRESIDENT GAMBER  - Correct, we also have Mrs. Catazaro-Perry.

COUNCILMAN MANSON - I don’t know anything about that.

COUNCIL PRESIDENT GAMBER  - Does your motion include her?

COUNCILMAN MANSON -No.

COUNCIL PRESIDENT GAMBER  - We have a motion to excuse Councilman Mang is there a second?  Seconded by Councilman McCune. 

Roll call vote of 7 yes to excuse Councilman Mang.

COUNCIL PRESIDENT GAMBER  - The record will note Mrs. Catazaro-Perry’s absence at this point.  The record will note that Mrs. Catazaro-Perry is now in the chamber.

2. INVOCATION

COUNCILMAN TOWNSEND - Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN TOWNSEND – Chairman of the Health, Welfare and Building Regulations 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) 

5.  REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 12 -2011                     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 low and best bidder for the purchase of chemicals, fertilizers and sand for The Legends of Massillon Golf Course, and declaring an emergency.

 

COUNCILMAN SLAGLE -As discussed last week at the work session this is a yearly event.  Every year the Legends has to put out the bids for the chemicals, fertilizers and sand for the upcoming golf year.  Every year we passed it I don’t think there’s any opposition. 

COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Peters.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 12 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 13 -2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

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 Intersection Improvement Project, in the City of Massillon, and declaring an emergency.

 

COUNCILMAN PETERS – First reading.

ORDINANCE NO. 13 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 14 -2011                     BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Amending Chapter 905, Construction of sidewalks and curbs, Chapter 907, Sidewalks contractors; and Chapter 949 Sidewalk Replacement Program, of part Nine, Title One of the Codified Ordinances of the City of Massillon, and declaring an emergency.

 

COUNCILMAN PETERS – First reading.

ORDINANCE NO. 14 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 15 -2011                     BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, Forfeited Fund, Safety Forces Equipment Fund and the Parks & Rec. Recreation Center Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Give a minute here I’m a little behind here on my paperwork.  Ordinance No. 15 we have four sections to discuss here.  Section 1 is leases a total of $97,942 please appropriate monies from the unappropriated balance of the capital improvement fund to the following accounts: 6 police cruisers and $55,349 and just for informational purposes I believe this is the last payment on that lease.  $42,593 for the early warning signals lease which I’m sure if anybody was in town at noon today they heard it going off.  Section 2, this is from the law department please prepare an ordinance to appropriate from the unappropriated balance of the forfeited fund 1227 to the following accounts: $10,000 to professional dues, $1,000 to travel and seminar and $3,824 to supplies and materials for a total of $14,824.93.  Section 3, is for $1,311 appropriate from the unappropriated portion of the safety forces equipment fund 1205 to equipment line item of said fund 1205.125 for payment of garage doors for city hall garage and other criminal justice equipment.  The last one in that is for $1,100 the parks and recreation department is requesting an ordinance appropriating $1,100 from the 1435 parks and recreation center account.  They show in there that there is adequate funds to cover that this is to be used for a computer replacement at the recreation center. Any questions we’ll try to get them answered. 

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 15 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 16 -2011                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Shearer’s Foods Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have a whole series of these we have one, two, three, four, five, six, seven I believe that are not much different.  What they are is setting up accounts for to receive the TIFs funds that will be getting collected on TIFs that we approved last year.  This first one will be fund 1422 Shearers Foods infrastructure.  Do you want to deal with them as a group or do you want to deal individually?

COUNCIL PRESIDENT GAMBER  -They’re written as individual ordinances so therefore we’ll take them individually.  Are there any questions on the ordinance?  Your motion please.

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 8 yes.

ORDINANCE NO. 16 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 17 -2011                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Case Farms Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, the same explanation on this only the fund number will be 1426 and its Case Farms infrastructure fund. 

COUNCIL PRESIDENT GAMBER  - I will shorten up the procedure by asking right now if there are any questions on any of these they’re all basically the same.  Are there any questions at all if not from here I’ll assume there are none and just allow Mr. Manson to make his motion.

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, 1 no.  Townsend voted no.

ORDINANCE NO. 17 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 18 -2010                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Massillon Area Credit Union Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, same as the other ones the difference is this is Massillon Area Credit Union infrastructure fund and its 1427.

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, 1 no.  Townsend voted no.

ORDINANCE NO. 18 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 19 -2010                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Faircrest Properties Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Same explanation as the rest this is for Faircrest Properties infrastructure fund and the number is 1428 on the account number. 

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, 1 no.  Townsend voted no.

ORDINANCE NO. 19 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 20 -2010                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Inn at University Village Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, basically the same as the rest this is for the Inn at University Village infrastructure fund 1429.

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, 1 no.  Townsend voted no.

ORDINANCE NO. 20 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 21 -2010                     BY:   FINANCE COMMITTEE 

Establishing a fund entitled “Menards Inc. Infrastructure Fund”, and creating line items within said fund, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, same thing this is Menards Inc., these are TIF funds the fund will be 1430.

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, 1 no.  Townsend voted no.

ORDINANCE NO. 21 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  TOWNSEND VOTED NO.

ORDINANCE NO. 22 -2010                     BY:   FINANCE COMMITTEE 

Appropriating money for current expenses and other expenses of the City of Massillon, Ohio, for the fiscal year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – First reading.

ORDINANCE NO. 22 – 2011 WAS GIVEN FIRST READING.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A.  Norlson - $132.20

COUNCIL PRESIDENT GAMBER -Mr. Manson?

COUNCILMAN MANSON -I move that we pay the bill, seconded by Councilwoman Catazaro-Perry.

Roll call vote of 8 yes to pay the bill.

10.  REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JANUARY 2011. -COPY FILE
-). AUDITOR SUBMITS MONTHLY REPORT FOR JANUARY 2011 -COPY FILE

 

COUNCIL PRESIDENT GAMBER - Thank you, we will need a motion Mr. Manson to accept the auditor’s report.

COUNCILMAN MANSON - I move that we accept the auditor’s report, seconded by Councilman Hersher.

Roll call vote of 8 yes to accept the auditor’s report.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER - In case anyone hasn’t remembered we will not meet on Monday the 21st we’ll meet on Tuesday the 22nd due to the President’s Day holiday. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER - Is there anyone who has a report from their committee any resolutions or requests?  Mr. Slagle?

COUNCILMAN SLAGLE - I do not have a report but the recreation board meeting has been moved to Wednesday at 3pm.

COUNCIL PRESIDENT GAMBER - This Wednesday?

COUNCILMAN SLAGLE - Yes.

COUNCILMAN ANDERSON - 5:30pm?

COUNCILMAN SLAGLE - They told me 3:00 but I think they moved them back to 3:00 that’s what my email said.

COUNCIL PRESIDENT GAMBER - What time was the last one you went to?

COUNCILMAN ANDERSON - 5:30pm?

COUNCIL PRESIDENT GAMBER -Mr. Slagle, is this something that is notification by email?

COUNCILMAN SLAGLE -Yes, I’ll send an email out.

COUNCIL PRESIDENT GAMBER -Well, here again we have a situation where Mr. Anderson does not…

COUNCILMAN SLAGLE -I’ll call you.

COUNCIL PRESIDENT GAMBER -And if you would make sure from now on when those types of changes occur that you let Mr. Anderson know.

13.  CALL OF THE CALENDAR

14.  THIRD 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 & -Entertainments Inc., and other companies for various engagements for the 2011 summer concert series, and declaring an emergency.

 

COUNCILMAN SLAGLE -Yes, I’d call the mayor to the podium please.  Mr. Mayor, can you tell us approximately do we know how many people attended these concerts last year?  Do we keep any kind of a count?

MAYOR CICCHINELLI – It’s hard to say I would say just thousands.  I mean we do get a good crowd for all of them however; it varies depending on the act.  So I would think through the summer series we get thousands of people to…

COUNCILMAN SLAGLE -As I understand it we had a carryover from what we took in last year versus what we sent out so that the city expended no funds?

MAYOR CICCHINELLI – That is correct and you know we paid for everything associated with it any employee’s overtime or whatever additional work they had to put in we paid totally for everything.  So we ended up let see we had a $7,806.93 carryover and we are now we’ve raised $12,206.

COUNCILMAN SLAGLE - In addition?

MAYOR CICCHINELLI – No, total.

COUNCILMAN SLAGLE -Okay and you feel comfortable again this year you will meet your commitments without any expenditures, city funds?

MAYOR CICCHINELLI – Yes, absolutely no problem at all.

COUNCILMAN SLAGLE -Do you have any idea what the schedule will be what kind of acts you’re looking at or is that to early to say?

MAYOR CICCHINELLI – It’s still in the planning stages we’re waiting for this ordinance to be passed so we can sign contracts.  But I’m I was wanting to get a list for tonight but we still haven’t heard or Bill hasn’t heard from a couple of the acts and until everything is confirmed we won’t release that publicly.  But it’s very close to being finalized. 

COUNCIL PRESIDENT GAMBER -Mr. Peters?

COUNCILMAN PETERS -Mr. Mayor, just for the record every year we’ve had a carryover am I correct?  We’ve never had to pay anything out of our out of the city’s pocket right?

MAYOR CICCHINELLI – We’ve had carryovers yes, recently I’d have to go back and I mean before remember the concerts….

COUNCILMAN PETERS -I’m not asking for 20 years I’m just…

MAYOR CICCHINELLI – The concert series use to be $100,000 so we never up until about 4 years ago I believe took the cost of the employees that would put the show mobile up and take it down.  Then when council asked us to cut back we did that and have done so ever since. 

COUNCILMAN PETERS -Well I know since I’ve been on council we’ve always had a carryover. 

MAYOR CICCHINELLI – We have a basic carryover, yes.

COUNCIL PRESIDENT GAMBER -Are there any other questions?  Thank you, Mr. Mayor.  Mr. Slagle?

COUNCILMAN SLAGLE -It’s third reading so we’ll bring it forward for a vote.

COUNCILMAN SLAGLE moved to bring Ordinance No. 2 – 2011 forward for a vote, seconded by Councilman Peters.

ORDINANCE NO. 2 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

15.  SECOND READING 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, and declaring an emergency.

 

COUNCILMAN HERSHER -Second reading.

ORDINANCE NO. 5 – 2011 WAS GIVEN SECOND 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 -Second reading.

ORDINANCE NO. 6 – 2011 WAS GIVEN SECOND 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 - I indicated at our second work session with this legislation last Monday that I feel its an important project and knowing that it has to go out to bid before we can move on it that I wanted to pass this, this evening.  I didn’t hear any questions or objects in the interim.

COUNCILMAN HERSHER  moved for suspension of the rules and passage, seconded by Councilman Slagle.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 7 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

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.

OUNCILMAN MCCUNE -Yes, this was discussed at the work session last week it’s pretty straight forward.  Unless there’s any questions the chief is here tonight to answer those questions should there be any I plan to bring this forward for passage.

COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Peters.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 8 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 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 -Second reading.

ORDINANCE NO. 10 – 2011 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

  • REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA

 

18.  ADJOURNMENT

COUNCILMAN TOWNSEND I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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