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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 Monday, March 3, 2008. We have in attendance with us this evening: Safety Service Director Mike Loudiana, Auditor Jayne Ferrero, Bob Cyperski for the law department, Engineer Keith Dylewski and Community Development Director Aane Aaby. 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 MANSON Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON – Chairman of the Finance 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 part of our agenda where we invite citizens forward to speak to items that are either on our agenda. If you’d like to do that please approach the microphone. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 35 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Accepting an application for annexation for the Prophecy Massillon Annexation to the City of Massillon, and declaring an emergency. COUNCILMAN MANG The Board of County Commissioners approved the annexation on November 29th and tonight we’re asking council to accept this annexation so that we can go about putting up the new signs indicating that it now in the City of Massillon. I will be asking for suspension of rules if there are no questions. COUNCIL PRESIDENT GAMBER Are there any questions? For the benefit of our new council members I’d like to just mention this is part of the annexation process. We are now accepting it there will be another stage where we have to assign it zoning. 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. ORDINANCE NO. 35 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 36 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Indicating what services the City of Massillon, Ohio, will provide to the Manson Annexation, upon annexation, and declaring an emergency. COUNCILMAN MANG As the president of council had indicated a moment ago that was in the final stages this is one that’s in the very early stages where we have filed with the city a request to be annexed to the city and with that the city in turn outlines what they will do if they are so accepted into the city.. There will be a public hearing held by the county commissioners on April 16th at 7pm at the administrative offices in North Lawrence. I will again be asking for suspension of rules if there are no questions. COUNCILMAN MANSON Yeah, this will be at the Tuscarawas Township Hall, right? COUNCILMAN MANG Hall, yes, oh, North Lawrence Hall. Yeah, the township hall is in North Lawrence. COUNCIL PRESIDENT GAMBER The address is North Lawrence its right out here just off Lincoln Way on Route 93. Are there any other questions? Mr. Manson, your motion, please? Mr. Mang, we will need a motion then for Mr. Manson for… COUNCILMAN MANG Do we need to excuse Mr. Manson from this? COUNCIL PRESIDENT GAMBER You’re not going to excuse yourself? COUNCILMAN MANSON Yeah, I’m abstaining from voting. COUNCIL PRESIDENT GAMBER Okay, we need a motion to that. COUNCILMAN MANG moved to excuse Councilman Manson from voting, seconded by Councilman Maier. Roll call vote of 8 yes to excuse Councilman Manson from voting. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 36 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 37 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Indicating what services the City of Massillon, Ohio, will provide to the Poets Glen Area Annexation, upon annexation, and declaring an emergency. COUNCILMAN MANG Ordinance No. 37, again is a request by property owners to be annexed to the city. We in turn list what we will do upon annexation this piece of legislation hearing will be held by the Stark County Commissioners here in council chambers on Wednesday, April 9th at 7pm. I will be asking for suspension if there are no questions. 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. 37 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 38 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Pepsi-Cola General Bottlers of Mansfield, to provide an economic development “inducement grant” to assist the company in relocating its operations in Massillon, and declaring an emergency. COUNCILMAN MANG This piece of legislation deals with the Pepsi people who have decided to move off the 9th Street property down on Warmington Road. They purchased the property down there I think they spent I don’t know $2,500.000.00 to buy the piece of property. The Mayor has offered them an inducement grant here of $50,000.00 to help them relocate their warehouses and offices to the city. They presently employ about 72 people along with 13 part time people they are going to be closing the office down in New Phila. This should revolve around another 34 people. I will be asking for suspension on this piece of legislation also. COUNCILMAN MANG 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. 38 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 39 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an amended agreement between the City of Massillon and Pepsi-Cola General Bottlers, under the Ohio Urban Jobs and Enterprise Zone Program, and declaring an emergency. COUNCILMAN MANG This piece of legislation deals with the enterprise zone tax abatement of 75%. What we’re asking council to do here is in back in 2002 the Fame Beverage people were given a 10 year enterprise zone tax abatement for 75%. We’re asking to transfer this over to the Pepsi Company for the 5 years that remain. This extension will come to conclusion in 2012 this along with the inducement grant of $50,000.00 ultimately will mean that there will be additional 34 people being employed in the city. If there’s no further questions or if there are questions we’ll be asking for suspension. 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. 39 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 40 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to make an application to the Ohio Historic Preservation Office for financial assistance under the Certified Local Government Grant Program designating the Massillon Heritage Foundation as the Third Party Administrator, and declaring an emergency. COUNCILMAN MANG The Massillon Heritage Foundation which represents the Five Oaks Historical Home has come to the city for their assistance in applying for a grant. The grant that the Five Oaks Historical Home is looking for is a grant that will help them determine the needs to be able to maintain their historical building. Which means they’re asking for approximately $14,000.00 which a grant would cover for inspection of the building and detail what needs to be done to preserve it. This obviously is the correct thing for these people to do and it beholds the city to help them acquire this grant. So I will be asking for suspension of rules. COUNCILMAN MANG 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. 40 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 41 2008 BY: ENVIRONMENTAL 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 approval of the Board of Control, with the lowest and best bidder, for the purchase of one waste packer truck for the City of Massillon Solid Waste Department, and declaring an emergency. COUNCILMAN HERSHER I think the clerk said just about everything in reading the title. This is an ordinance we talked about at our work session to allow us to the safety service director to advertise for and receive bids to purchase a new waste packer truck for the solid waste department. If there are any questions… COUNCILWOMAN CATAZARO-PERRY – I just have a question where are the funds coming from? COUNCILMAN HERSHER We can call the auditor I know she did sign the legislation I’d like to call Auditor Ferrero forward. AUDITOR FERRERO – It will be coming out of the solid waste fund. COUNCILWOMAN CATAZARO-PERRY – Thank you. COUNCILMAN HERSHER 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. 41 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 42 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Economic Development Fund, General Fund, Unclaimed Money Fund and the Muni Motor Vehicle License Plate Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have four parts here to this we’ll go through them here a little bit. The first one, number one is the $50,000.00 that we just acted on a little bit ago. This is the appropriation for the economic development inducement grant for Pepsi-Cola. Number two, is $1,050.00 for EMS supply bags for the fire department and this will come out of the State of Ohio Seat Belt Grant for EMS supplies. Number three is $1,000.00 that we have to put in to cover unclaimed money this check may have gone back to the year 2006. But I’m not sure but anyhow we owe it. Number four is $700.00 from the muni motor vehicle license plate fund for the Keuper Blvd storm sewer project and I think this was $700.00 that we came up a little short on this project. If there’s any questions we can get somebody up here to answer them otherwise I’ll be asking to waive the rule. 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. 42 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 43 2008 BY: FINANCE 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 contract upon the award and approval of the Board of Control, with the lowest and best bidder for various items needed for the use in various departments of the city, and declaring an emergency. COUNCILMAN MANSON Yes, this is something we do annually we have to approve for these departments to go out and buy supplies. The departments are the street department, the wastewater treatment plant, parks and recreation departments. Example of some of the stuff is asphalt, sand for fine top asphalt hot mix, we need some gravel and limestone that’s all for the street department, wastewater treatment will buy caustic soda, sodium hypochlorite and phosphoric acid, parks and rec. will be buying a whole bunch of mulch. So unless there’s any questions I’ll be asking to waive the rule. COUNCILMAN PETERS Just how mulch will we be buying? COUNCILMAN MANSON 100 yards more or less. 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. 43 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 44 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract with Waikem Auto Group for the purchase of two (2) 2008 Ford Explorers for the Wastewater Treatment Department, and declaring an emergency. COUNCILMAN MANSON Yes, we talked about this at last week’s committee session. Wastewater treatment plant wants to buy two Ford Explorers four wheel drive because they are going to be doing much more inspections of fields that they spread our sludge and stuff on and a lot of reasons. They will be off road so we feel they should have an off road vehicle. 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. 44 – 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 NEW LIQUOR LICENSE FOR CANTON PIZZA INC DBA PIZZA HUT 2400 LINCOLN WAY E MASSILLON OHIO 44646. COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry, do you have that? (I do) Alright. 9. BILLS, ACCOUNTS AND CLAIMS A. INDEPENDENT - $265.91 COUNCIL PRESIDENT GAMBER I might mention the bill for Wes Sound I asked the Clerk to bring our sound people in here to see what we could do to tweak the speakers in the back. Primarily our sound system is geared towards making a transcript it’s not specifically an audio amplification system. But they did tweak it let me ask you do you notice any improvement at all. Very good then $100.00 was worth it. Mr. Manson, we need a motion to pay these bills? COUNCILMAN MANSON I move that we pay the bills, seconded by Councilman Hersher. Roll call vote of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR FEBRUARY 2008. COPY FILE COUNCIL PRESIDENT GAMBER Alright, for the first four we’ll file those for the auditor’s report we need a motion to accept Mr. Manson? COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilman McCune. Roll call vote of 9 yes to accept the auditor’s report. COUNCIL PRESIDENT GAMBER Item E, came out of last week’s committee session do you all have a copy of the note establishing a special committee? The committee at its own request will report back by or before April 28th you can see the committee members. Mr. Maier, is chairman I’d like a motion, please? COUNCILMAN MAIER I’d like to make a motion that we create this committee, seconded by Councilman Manson. Roll call vote of 9 yes to accept the committee assignment. COUNCIL PRESIDENT GAMBER Thank you. As I indicate the committee will meet at the call of the chairman so its in your hands here. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Just a general mention there’s five Mondays this month so the 24th will be no activity the final committee session will be the 31st. Mr. Mang, you had your hand up. COUNCILMAN MANG – Yes, I’d like to make council aware that the Rite Aid has formally applied for rezoning on the property out on Lincoln Way. That will be held before the planning commission on March 12th. I believe they meet at 7:30pm here in council chambers. COUNCILMAN PETERS As chairman of the streets and highways committee I have a little bit of an update about the Tremont Viaduct from the engineer’s office. AT&T has begun their relocation work for the bridge project on the west end of the structure and that work should take approximately 2 weeks. Once that is completed they’ll move over to the east side of the bridge and ODOT should be done with reviewing the plans around March 10th. Once that is complete the project will be bid out. That’s all I have. COUNCILMAN MAIER Yes, if there’s no objections from the council safety committee I would like on March 10th at the committee session I’d like to meet at 5:00pm. We can discuss the safety and anyone else who wishes to come is welcome and we’ll just notify the press. COUNCIL PRESIDENT GAMBER Alright, in my opinion you just did. COUNCILMAN MAIER Okay. COUNCIL PRESIDENT GAMBER Would you two fellows agree that the press has been notified? COUNCILMAN MAIER That way we’ve got time to work on it before we get into regular committee stuff. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS 15. SECOND READING ORDINANCES AND RESOLUTIONS 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 Second reading. ORDINANCE NO. 29 – 2008 WAS GIVEN SECOND 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 937.05 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 Second reading. ORDINANCE NO. 30 – 2008 WAS GIVEN SECOND READING. 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 Second reading. ORDINANCE NO. 34 – 2008 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANSON – I move that we adjourn, seconded by all.
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