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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Tuesday, February 19, 2008. We have in attendance with us this evening: Auditor Jayne Ferrero, Law Director Perry Stergios, Engineer Keith Dylewski, Community Development and Planning Director Aane Aaby and representing the Recreation Department Julie Jenkins, she’s the office manager at the Recreation Center. 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: 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 MANG – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANG – Chairman of the Community Development 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 COUNCIL PRESIDENT GAMBER This is the part of our agenda where we invite the public forward to speak on a topic that appears on the agenda this evening. If anyone would like to do so please come forward to the microphone at this time. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 27 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Case Farms, LLC, to provide an economic development “inducement grant” to assist the company in relocating and expanding its operations in Massillon, and declaring an emergency. COUNCILMAN MANG Thank you, Mr. President. Kind of following along with what’s been happening in the last month or several months. The Mayor has been offering these economic development grants to a number of businesses to help them to establish their facilities in the City of Massillon. This particular one is for Case Farms and we’re talking about a grant of $15,000.00. Now I’m not sure that anybody’s ever explained how this actually works. But in this grant on the completion of the project and the establishment of its business operations at the project site the economic development grant funds would then be dispersed by the city on the basis of vouchers. So it’s not the case of sending them a check it’s actually checks are dispersed upon vouchers that are sent in by the individuals supporting the documentation that they need for verification on the project. So it…we are getting something that’s showing what these people are doing with the money. We’ll talk about the Case Farms in the next piece of legislation we have but the over all commitment that’s being made by Case Farms that is right now as was indicated by the gentleman who spoke at our work session that the taxes are very I think he said a figure of $25.00 I would question than. But anyhow for what it is worth if there’s no questions or will take questions regarding this piece of legislation I will be asking for suspension of the rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 27 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. SLAGLE VOTED NO. ORDINANCE NO. 28 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Case Farms, LLC. providing for the adoption of a project which will establish a new facility, will result in the relocation and the creation of 27 new jobs over an eighteen month period within the City of Massillon Enterprise Zone, and declaring an emergency. COUNCILMAN MANG Thank you, Mr. President. Case Farms has asked for us to establish an enterprise zone for tax abatement. They’re proposing to build a feed mill on an 18 acre site on Millennium Blvd in the industrial park. This project is over $14 million and will result in 27 new jobs and they estimate that payroll to be about $934,000.00 plus dollars over an 18 month period. They give us a breakdown of the individuals the drivers and etc that will involved in this. But its not the fact that you know 27 jobs is one thing it’s the fact of 27 more possibly families that will be in western Stark County buying their needs from groceries to clothing to whatever. So the longs and the shorts of this thing even though we’re offering a 75% tax abatement for 10 years is the benefits far out weight if this property this is not developed at least at this time and we would rely on whatever taxes we might get from it and I just throw that $25.00 figure around as a joke. But I’m quite certain that there’s a considerable difference between the $25.00 and what’s left of the 25% of taxes these people would have to pay. The fact is that all this is on a new construction on new land, new building everything is totally new. So I think it’s a great thing for the city and we’re dealing with I think a very large concern here that also has options in other parts of Ohio and in the North Carolina. So I’m going to be asking for suspension of rules prior to that why I have Aane Aaby here to bail me out in case I get into big trouble. If not we’ll move forward. COUNCILMAN TOWNSEND These 27 jobs what type of jobs are they? COUNCILMAN MANG Okay, there will be 14 drivers that will be paid roughly $37,000.00. There will be 5 technicians at $11.00 an hour, there’s 2 field technicians that will be paid approximately $32,000.00 a year, there’s maintenance personnel at $14.50 an hour, general office at $9.00 an hour. That pretty much accounts for the people who will be there. COUNCILMAN TOWNSEND And there will be 27 new jobs not transfers, relocations… COUNCILMAN MANG No, no, this is 27 new jobs over an 18 month period. This is the first time I think I’ve ever have someone give us a complete breakdown about we’ve always heard about the number of jobs and the payroll but this is the first time that I’ve looked at one that actually shows what individuals. I mean you can look at $900.000.00 and say “that’s fine” so we got to see you have two vice presidents now who else do we got. You know, but that’s not the case with this one. COUNCIL PRESIDENT GAMBER Mr. Townsend, does that answer your question? COUNCILMAN TOWNSEND Yes, sir. COUNCIL PRESIDENT GAMBER Are there any other questions? Mr. Slagle? COUNCILMAN SLAGLE I don’t really have a question. My concern has always been on tax abatement whether there was actually any type of equation done. Because I think most studies have shown that abatements do not necessarily always benefit the city to begin with. But my bigger concern is that and I don’t’ want to pre-judge Case Farms except their history in the past has been fairly anti-union. There have been significant fights in the past and (inaudible) has been involved in the past. They’ve had unions come in and then they bring in new workers to and this is in South Carolina I admit to then change the vote. They told us that the union would be open here but I don’t think they’re history in the past has been to that effect. If this is such a great location then other businesses should be welcoming that location as well. The second thing is I think the city has to start considering the burden that these new businesses will be placing on the wastewater treatment plant. As I understand it if Shearer’s comes in our wastewater treatment plant is going to be at 100% capacity. I don’t think they’re including this particular business either. So I don’t know if anyone’s there that considers these aspects when we do these things or not. But certainly those are some of things that I would be thinking of in the future. Frankly that’s why I’m not in favor of these proposals at this time. COUNCIL PRESIDENT GAMBER Is there anyone else? Mr. Mang, would you like to call Mr. Aane Aaby forward to respond? COUNCILMAN MANG Aane? COMMUNITY DEVELOPMENT DIRECTOR AABY – We did have a in regards to one of Mr. Slagle’s questions. We did have site plan review on Case Farms plans a few weeks ago; we had representatives there from the wastewater treatment plant who asked them what type of dischargers they would be having and they said it would be its domestic waste. They really their operation generates really nothing and it would just be domestic waste from the employees at the plant as far as the impact on the wastewater treatment plant. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes, 1 no. Slagle voted no. ORDINANCE NO. 28 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. SLAGLE VOTED NO. ORDINANCE NO. 29 2008 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, by amending existing Section 925.12 SEWER CONNECTION PERMIT REQUIRED; FEE and adding Subsection 925.12(d) to said section. COUNCILMAN HERSHER First reading. ORDINANCE NO. 29 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 30 2008 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 937 “WASTEWATER TREATMENT REVENUE FUND” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Sections 937.05 PAYMENT DATES; PENALTY CHARGE, 937.08 ADMINISTRATION AND DISTRIBUTUION OF FUNDS, 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES and enacting new Sections 937.02 PAYMENT DATES; PENALTY CHARGE, 937.08 ADMINISTRATION AND DISTRIBUTION OF FUNDS 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES of CHAPTER 937. COUNCILMAN HERSHER First reading. ORDINANCE NO. 30 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 31 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing and directing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into the Composting Grant Agreement with the Stark-Tuscarawas-Wayne Joint Solid Waste Management District, and declaring an emergency. COUNCILMAN HERSHERS This is a grant as we talked about at our work session with Stark-Tusc-Wayne Joint Solid Waste Management District for composting in the amount of $60,790.00. This helps pay for our leaf pick up program transporting of the leaves to AJ Diana where they’re composted and pumped, picked up of the leaves also. If there are questions I’ll get them answered if not I plan on making the motion to waive the rules. COUNCILMAN HERSHERS 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. 31 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 32 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing and directing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into the Recycling Program Grant Agreement with the Stark-Tuscarawas-Wayne Joint Solid Waste Management District, and declaring an emergency. COUNCILMAN HERSHERS Again, this is a grant with the joint solid waste management district. This grant is in the amount of $31,380.00 and this grant helps to cover the cost of the recycling program at the city garage at Wampler Park. There’s also a third drop off site at Fisher Foods. Again if there are questions I’ll get them answered for you if not I plan on moving for suspension. COUNCILMAN HERSHERS 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. 32 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 33 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Parks & Rec. Capital Improvement Fund, Golf Fund, Economic Development Fund and the Muni Motor Vehicle License Plate Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we discussed this at the work session last Monday. We’ll go through it again now. Under section 1, we have $69,750.00 which will be the last payment on the state hospital property that was purchased by the rec. department. We have $15,000.00 that will go into income tax refunds and that’s routine we do that every year. Section 2, we have $25,000.00 this appropriation is needed to open up the pro shop. The funding will come from the sale of items in the pro shop. A little explanation on this the golf course is going to be opening May 15 there is a I don’t know if it’s a vendors meeting or trade meeting that they will attending the end of February and they want to start purchasing supplies for the pro shop shirts, windbreakers, sweatshirts, all that kind of stuff. The reason we have to set this up in the past when we had Mr. Immel doing this and Mr. Bush they took care of all this themselves. We have to establish an account for this. Number 3, is the $15,000.00 economic inducement grant that Mr. Mang explained earlier. Questions anybody? COUNCIL PRESIDENT GAMBER Section 4, Mr. Manson? COUNCILMAN MANSON Oh, I’m sorry and this $3,800.00 that will be coming out of the muni motor vehicle license plate fund for storm sewer repairs. COUNCILMAN MAIER Yes, on section 2 now we’re actually purchasing supplies, they’re not on consignment and what’s our percentage of that then? Are we running the pro shop? COUNCILMAN MANSON Yes, this will be the term I guess is keystone when you’re selling these will be items that we buy for $10.00 shirts and sell them for $20.00. The expectation is to buy $25,000.00 worth of inventory and make $50,000.00 take back $50,000.00. It’s a guaranteed profit maker. COUNCILMAN MAIER Okay, now in the past, were we running the pro shop before? COUNCILMAN MANSON No. COUNCILMAN MAIER Okay. COUNCILMAN MANSON Mr. Immel handled his own ordering and probably Mr. Bush did too but I can’t say for sure. COUNCILMAN MAIER So our employees is now will be actually doing the sales and the sales profit will be 100% profit will be ours? COUNCILMAN MANSON Yes. COUNCILMAN MAIER Okay. COUNCILMAN MANSON And in the past now that you bring that up the agreement that we had before the way it worked before Mr. Immel got the money from there. But we had people hat we were paying to work in there. COUNCILMAN MAIER So there will be some profits out of the pro shop most likely. COUNCILMAN MANSON This is all a plus, yes. COUNCIL PRESIDENT GAMBER Finished Mr. Maier? COUNCILMAN MAIER Yes, sir. COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY Yes, so then who will be doing the ordering and… COUNCILMAN MANSON At the end of February Mr. Kaminski, Mrs. Jenkins and I’m not sure who else will be attending the trade show and they will be purchasing inventory to start up like I said March 15th is the target date for opening. COUNCILWOMAN CATAZARO-PERRY Did we have leftover inventory? COUNCILMAN MANSON There was some, yes. COUNCILWOMAN CATAZARO-PERRY And we were able to keep that? COUNCILMAN MANSON We had to purchase that from Mr. Immel. COUNCILWOMAN CATAZARO-PERRY Thank you. COUNCILMAN SLAGLE Is there anyone that actually plays golf that will be involved in that purchasing being a golfer I know the whims of the golfer changes from day to day. COUNCILMAN MANSON Yeah, I think Mr. Kaminski plays golf. COUNCILMAN SLAGLE Okay. 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. ORDINANCE NO. 33 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 34 2008 BY: FINANCE COMMITTEE Establishing a fund entitled Collection System Improvement Fund and creating line items within said fund, and declaring an emergency. COUNCILMAN MANSON First reading. ORDINANCE NO. 34 – 2008 WAS GIVEN FIRST READING. RESOLUTION NO. 5 2008 BY: COMMITTEE OF THE WHOLE Confirming the Council President’s appointment of the Mayor of the City of Massillon, Ohio, as the representative of the City on the Committee being formed to explore potential economic development of the “County Farm” area. COUNCILMAN MANG The county farm has been part of a discussion between Massillon and Perry and Navarre for quite some time. It became an issue at the time of annexation and they finally have the Mayor has been able to at least get the people from Navarre and Perry to come and sit down at the table and decide the best use of the county farm. So what we’re doing here is we’re authorizing the Mayor to be our representative on this committee. I will be asking for suspension of course. COUNCILMAN SLAGLE Who’s all on this committee? COUNCILMAN MANG I would imagine that it would a representative from the City of Navarre and the township of Perry. Those would be the ones who would be directly involved. COUNCILMAN SLAGLE So it’s just a committee of three? I mean that’s… COUNCIL PRESIDENT GAMBER Mr. Aaby, can you come forward and shed any light? COMMUNITY DEVELOPMENT DIRECTOR AABY – I don’t know. COUNCIL PRESIDENT GAMBER If I may Mr. Mang, my impression is there is someone from the county also involved possibly even two people I’m not sure. LAW DIRECTOR STERGIOS – I can get the agreement like in 10 seconds if you’d like. COUNCIL PRESIDENT GAMBER Would you like the law director to get the agreement to answer the question? COUNCILMAN SLAGLE Yeah, I’m just curious as to what the arrangement is on it and… COUNCIL PRESIDENT GAMBER Will that hold up the vote or should we go ahead and vote while he… COUNCILMAN SLAGLE No, I don’t really care about the vote on it I’m just curious about what the arrangement is on it. COUNCIL PRESIDENT GAMBER Alright, Mr. Mang, its up to you if you want to wait for the law director or proceed with your motion. COUNCILMAN MANG We’ll wait for the law director. COUNCIL PRESIDENT GAMBER Alright. COUNCILMAN MAIER Glenn, just for clarification Ron I think you said that the Mayor was going to be this person it says here council president is going to be it. COUNCILMAN MANG Council president is appointing the Mayor to be the representative at this committee. COUNCILMAN MAIER Oh, oh, okay, I’m sorry. Thank you. I misunderstood what he said that’s alright. COUNCIL PRESIDENT GAMBER Mr. law director? LAW DIRECTOR STERGIOS – The agreement that council authorized the Mayor and the city to enter into with regards to the Prophecy and Shearer Annexation provided that will initiate negotiations Perry Township will name a trustee, President of Massillon Council shall name the Mayor or the Mayor’s designee subject to confirmation by majority of the members of council. President of Navarre Council shall name the Mayor or the Mayor’s designee or a member of village council subject to confirmation to a committee to study the best ways to develop the farm. So basically it’s a committee of three but I think the commissioners are welcome to participate if they chose to do so since they own some of the property in that area. COUNCILMAN SLAGLE Thank you for that clarification. Mr. President, I gave you’ve talked to Mayor and he’s agreeable to joining. COUNCIL PRESIDENT GAMBER This is come through the committee of the whole, Mr. Mang? COUNCILMAN MANG That is correct, he’s overwhelmed, he’s totally overwhelmed by the appointment. LAW DIRECTOR STERGIOS – Anxious to be the person named. COUNCILMAN MANG Very anxious; this has been his pride and joy for the last couple of years to get this committee together. COUNCIL PRESIDENT GAMBER Section 1 is just a legal nicety I had nothing to do with it. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 5 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS
COUNCILMAN MANSON I move that we pay the bills, seconded by Councilman Hersher. Roll call of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS
11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday the 25th starting at 5:45pm. Are there any committee reports? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MAIER I would like to know what direction the body would like me to go with the council safety concerns up here. I’m kind of disappointed that the mayor or the safety director isn’t here. I just wondered if we had an emergency plan and if we did I didn’t have to write one I’ve got everything pretty much ready to go and some recommendations I just wondered how deep the council wants me to take that. COUNCIL PRESIDENT GAMBER Alright, may I suggest everyone who has a suggestion get a hold of Mr. Maier during the week for discussion next Monday. Is that alright Mr. Maier? COUNCILMAN MAIER That’s fine. COUNCIL PRESIDENT GAMBER Alright, anything else? COUNCILMAN MAIER No. COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY Ward 3 will have a meeting this Thursday evening at 7:00pm at Smith’s School to discuss the rezoning of the area on 24th Street on Lincoln Way if anyone would like to attend. This would be Thursday which would be the 21st of February at 7:00pm at Smith Elementary School and notices have been sent out by the company that would like to rezone the area by the construction company that would like to rezone the area for a Rite Aid on 24th Street. Everybody is welcome. COUNCIL PRESIDENT GAMBER May I ask has an application been made or is this just preliminary to an application? COUNCILWOMAN CATAZARO-PERRY No, they’re following the procedure that we passed and they’re having their meeting first. COUNCIL PRESIDENT GAMBER Anyone else with a request or comment anything like that? 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA LARRY DORDEA- 191 Maplewood Drive Alliance, Ohio. I’ve spent the last 30 years tolling away as an Alliance police officer the most recent 9.5 years as its police chief. As many of you guys watched what was going on in Alliance over the last 9.5 years some pretty significant things have occurred. In my life the most significant thing was my retirement. I do that for one reason I am now a candidate for Stark County Sheriff and I wanted to come to introduce myself to you I’m sure I’ll be seeing you again in the future. But again, Larry Dordea, retire Alliance police chief, candidate for Stark County Sheriff. Thank you very much. 18. ADJOURNMENT COUNCILMAN MANG – I move that we adjourn, seconded by all
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