MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MARCH 4, 2013
 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, March 4, 2013.  We have in attendance tonight Mayor Kathy Catazaro-Perry, Interim Safety Service Director Jim Johnson, from the law department Bob Cyperski, Engineer Keith Dylewski, Income Tax and Budget Director Ken Koher and Community Development Director Ted Herncane.  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 down or on vibrate. 

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter, Quenessa Hampton, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa and Larry Slagle.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILWOMAN SCASSA Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN SCASSA – Chairperson of the Rules, Courts and Civil Service 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 – Anyone wishing to speak can approach the microphone give your name, address?  Seeing none we’ll move into Introduction of ordinances and resolutions.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 21 - 2013                      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 and approval of the Board of Control, with the lowest and best bidder for the 27th Street NW Sanitary Sewer Extension Project in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, this particular legislation has to do most identifiably with Poets Glen and the development that’s going on out there.  We’re finally looking like we’re moving forward in order to do so they do need to have the sewer pipes taken up to that property.  As well as there’s a few existing structures that were included in the annexation a couple years ago when that all happened they’re also going to have to tap into the system.  Does anybody have any questions for the city engineer at this time, if not I will be moving it forward for a vote tonight.

COUNCILMAN LEWIS 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. 21 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 9 YES.

ORDINANCE NO. 22 - 2013                      BY:   PUBLIC UTILITIES COMMITTEE

To provide for water service to be furnished by Aqua Ohio, Inc., to the City of Massillon, Ohio and the inhabitants thereof, and to regulate the rates under which water service shall be furnished in the City of Massillon, Ohio, for and during the period from April 1, 2013 through December 31, 2016. 

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President.  We’ve discussed this ordinance the last two work sessions.  But since our work session last week I do have a councilman that has a question so I’d like Mr. Purtz to please come forward.   Question?

COUNCILWOMAN SCASSA – Okay, at the work session I guess my question was just pertaining to the contract.  Since its up for first reading tonight under section three it states that if we don’t pass this by April 1st and the percentage point goes down we have to renegotiate.  I guess my question is just that at the work session although we weren’t intending to drag our feet necessarily on this it didn’t seem like we were under any type of time constraint.  But with this contract it sort of seems that way that we need to get this passed by April 1st. 

JIM PURTZ – Yeah, the plan is not…

COUNCIL PRESIDENT TOWNSEND – Excuse me, excuse me before you answer that question could you state your name and your address?

JIM PURTZ – Yeah, I’m Jim Purtz, I’m the area manager for Aqua Ohio.  Yeah, the plan is that whenever the council would pass this the rates would go into effect sometime there after. 

COUNCILWOMAN SCASSA – Okay.

JIM PURTZ – Yeah, and we don’t plan on renegotiating if it’s not passed by April 1st.  Just like I explained we also negotiate with the City of Green and the Village of Hills and Dales.  So normally what we do is we wait until the last one of those three is passed then we put the rates in effect for everybody. 

COUNCILWOMAN SCASSA – Okay, because that was just my I guess concern…

JIM PURTZ – Yeah, but I think what that refers to if a rate of return after its passed drops more than a percentage point below of what’s allowed by the PUCO.  We’ve never done that in the past either. 

COUNCILWOMAN SCASSA – Okay, that language just concerned me.

JIM PURTZ – Pardon?

COUNCILWOMAN SCASSA – I said that language just concerned me when I read that stating that if we didn’t pass it by April 1st,,,

JIM PURTZ – No, there’s no constraint on that.

COUNCILWOMAN SCASSA – Okay, so if a percentage if it does fall one percentage point or more and we don’t pass this by April 1st we’re not renegotiating the rates but…

JIM PURTZ – No, what we’ve got here is what the package is.  That’s really for down the road in the next four years you know three and half , four year period.  Yeah.

COUNCILWOMAN SCASSA – Okay.  That was my question. 

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you.  Are there any other questions for Mr. Purtz?  Thank you, Mr. Purtz.

JIM PURTZ – Thank you.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I’d like to suspend the rules requiring three separate readings and bring Ordinance No. 22 – 2013 forward for a vote.

COUNCILWOMAN CUNNINGHAM-HEDDERLY moved for suspension of rules and passage, seconded by Councilman Chovan.

The rules were not suspended by a roll call vote of 4 yes, 5 no.  Chovan, Lewis, Manson, Peters and Scassa voted no.

COUNCIL PRESIDENT TOWNSEND – Okay, rules were not suspended so it goes back to first reading.

COUNCILMAN PETERS – No, it just goes to second reading doesn’t it?

COUNCILMAN MANSON – Next meeting it will be second reading.

COUNCILMAN PETERS – Yeah.

ORDINANCE NO. 22 – 2013 WAS GIVEN FIRST READING.

ORDINANCE NO. 23 - 2013                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

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 Bridge Repair Project, PID 92444, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – These next two ordinances the first one I want to make sure I’ve got the right one is for the director of public service and safety to sign a consent legislation with the Ohio Department of Transportation for bridge repair project, PID 92444.  The state has identified the need to make repairs and drainage improvements to the bridge on Lincoln Way East, State Route 172 over Sippo Creek that is located within the City corporation limit.  The estimated cost of the project is $50,000 with a 20% city cost share which will be paid from the municipal road fund and the stormwater utility fund.  At the city’s specificly request items to be completed that it be determined by the state and federal highway administration to be unnecessary the project for the project and those costs would be 100% of the city.  If there’s any questions the engineer is here to answer them. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  I hear none, Councilman Peters?

COUNCILMAN PETERS 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. 23 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 9 YES.

COUNCILWOMAN HALTER – Mr. President?

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILWOMAN HALTER – I have a point of order regarding the last Ordinance No. 22 this was the first it’s been on the agenda shouldn’t this be the first reading?

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 22?

COUNCILWOMAN HALTER – Right.

COUNCILMAN PETERS – It was first reading.

COUNCIL PRESIDENT TOWNSEND – It was.

COUNCILWOMAN HALTER – Well you said second reading.

COUNCILMAN PETERS – It will be second reading it don’t go back to first reading.  Excuse me for speaking out of turn.

COUNCILWOMAN HALTER – Okay.

ORDINANCE NO. 24 - 2013                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

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 STA-SR 172-4.20 Bridge Replacement Project, PID 95369, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This here is to give the director of public service and safety authorization to sign a consent legislation with the Ohio Department of Transportation for the STA-SR 172-4.20 bridge replacement project PID 95369.  The state has identified the need to replace the bridge on Lincoln Way West, State Route 172 over Newman Creek that is located within the corporation limits of the city.   There will be no city dollars expended for this project and it will be funded 100% by ODOT.  Unless the city specifically requests items be completed that are determined by the state and federal highway administration to be unnecessary then those costs would be 100% of the city.  Again if there’s any questions the engineer is here I’m sure we can get them answered.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Hampton.

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

ORDINANCE NO. 24 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 9 YES.

ORDINANCE NO. 25 - 2013                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the 2105 Stormwater Utility Fund and the 1206 Municipal Motor Vehicle License Plate Fund, for the year ending December 31, 2013, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Two parts to this ordinance.  Hereby appropriate from the unappropriated balance of the 2105 Stormwater Utility Fund for the year ending December 31, 2013 the following: $25,000 to an account entitled Storm Sewer Repairs 2105.425.2510 and $10,000 to an account entitled Services and Contracts 2105.435.2392.  Section 2, appropriate from the unappropriated balance of the 1206 Municipal Motor Vehicle License Plate Fund for the year ending December 31, 2013 the following: $6,280 to an account entitled Supplies, Materials, Postage 1206.435.2410. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  Councilman Peters?

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

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

ORDINANCE NO. 25 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 9 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A). REPOSITORY - $612.00

COUNCILMAN PETERS – I’d like to make a motion that we pay the bill, seconded by Councilman Slagle.

Roll call vote of 9 yes to pay the bills.

10.  REPORTS FROM CITY OFFICIALS

A). AUDITOR SUBMITS MONTHLY REPORT FOR FEBRUARY 2013 B COPY FILE.

COUNCILMAN PETERS – Do I have to make a motion to accept the auditor’s report?  (Yes)  I’d like to make a motion that we accept the auditor’s monthly report for February 2013, seconded by Councilman Manson.

Roll call vote of 9 yes to accept the auditor’s report for February 2013.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Reports from committees, Mr. Peters?

COUNCILMAN PETERS – Yes, thank you, Mr. President.  As council pro tem I’d like to welcome our new member of council Quenessa Hampton and along with the welcoming comes the work.  So I’m going to make a motion that we put her on health, welfare and building regulations, rules, courts and civil service and make her chairman of streets and highways.    

COUNCIL PRESIDENT TOWNSEND – Seconded by Councilman Manson. 

Roll call vote of 9 yes for the amendment to the list of committees.

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Any resolutions or requests of council members?  Councilman Manson?

COUNCILMAN MANSON – Yeah, just for some information I don’t know if anybody would be interested or not.  But there was a fellow in here today from the coalition against bigger trucks.  The state of Ohio is considering raising the weight limit from 80,000 pounds to 90,000 pounds.  That’s going to be HB 35 I don’t know if anybody’s interested but if you want any information on it I’m checking into it myself.  It seems like there’s a lot of I don’t know I’m going to have to ask our engineer I haven’t asked him yet but I want to find out what our engineers are saying.  Anybody wants to contact him I have some cards here.  That’s all.

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – I’d like to inform council if they haven’t already been informed I spoke with the mayor I believe it was Friday I believe you all got a copy of the wastewater treatment contracts today.  At our work session on the 18th it gives us plenty of time oh I’m sorry the 11th on the work session on the 11th I’d like to you know we can go into executive session and discuss it.  The administration will be prepared and have their people here that you know that can answer any questions and give us plenty of time to look it over.  Then the mayor has requested that we call a special meeting a regular council meeting to vote on the contract.  So I want to give everybody a heads up on it if there any objections to it I need to know.  But they’re really anxious to get this signed for various reasons.  The biggest reason being the health care cost because they don’t want to they’ve got to start charging the employee and they want to make it as painless as possible.  If there’s any questions we can call the mayor up also.  That’s all I have. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Peters.

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 12 - 2013                      BY:   RULES, COURTS & CIVIL SERVICE COMMITTEE

Amending Ordinance No. 3 – 2010 and all other ordinances inconsistent therewith by repealing Section 8, paragraphs (f)(1) and (f)(6), and enacting new Section 8, paragraphs (f)(1) and (f)(6), and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Second reading.

ORDINANCE NO. 12 – 2013 WAS GIVEN SECOND READING.

ORDINANCE NO. 15 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Massillon Historic Preservation Commission to designate six (6) city parks in the City’s historic district as permitted by Chapter 1349 of the Codified Ordinances, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  I had the clerk send out an email today I don’t know if everybody saw it or not.  But what I would like to do is I want to make a motion to table this the second meeting in April I don’t know the exact date.  But I’ve got some questions answered but not all of them.  I know there are several people that has some questions and I’m concerned about you know the procedure a little bit.  I want to make sure its clear.  I have discussed it with the law director and looked at the parcels and we want to take a little bit a little longer to look at north and south Sippo because there are some there’s more than one parcel there.  Then there’s some other questions I know Larry’s talked about he wants to have the rec. board maybe have a little more discussion on it.  For that reason also I may not be able to be at the meeting on the 18th so I don’t want to take action on that night.  I would rather do it now because I know I’m not going to be ready by then anyhow.  That’s my motion.

COUNCILMAN MANSON moved to table Ordinance No. 15 – 2013 until April 15th, 2013, seconded by Councilman Peters. 

COUNCIL PRESIDENT TOWNSEND – Do any members of council have a question or concern about April 15th date?  Councilwoman Scassa?

COUNCILWOMAN SCASSA – I just had a question.  I know you mentioned you talk to the law director have you talked to Ted about questions you have as well?

COUNCILMAN MANSON – Yes, I have.  Yes and its getting clearer. 

COUNCILWOMAN SCASSA – Okay.

COUNCILMAN MANSON – What I brought up about the what it said on there about the historic district it can also you know there’s ways to just handle the individual pieces.  But I just wanted to make sure we’re handling them and I know I’ve talked to Ted about this register that’s there and it keeps popping up a little bit so… 

COUNCILWOMAN SCASSA – Okay.

COUNCILMAN MANSON – I just want to make sure we have that in place.  I don’t anticipate any real problems with any of this.  But I’d like to see those questions and there’s a couple more that’s come up along the way so I would like to just table it to that period of time.

COUNCIL PRESIDENT TOWNSEND – We have your motion, seconded by Councilman Peters.

Roll call vote of 9 yes to table Ordinance No. 15 – 2013.

ORDINANCE NO. 15 – 2013 HAS BEEN TABLED UNTIL APRIL 15, 2013.

16.  NEW AND MISCELLANEOUS BUSINESS

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

RENEE BOGUE – 204 Willow Avenue NE, Massillon.  Councilman Manson, you were talking about a gentleman who approached you concerning they wanted to increase the weight limit from 80,000 pounds to 90,000 pounds that’s per truck for the roadways, correct?  Did this person say why they wanted this increase?

COUNCILMAN MANSON – The state has already passed it at the house level. 

RENEE BOGUE – And why did the state want this?

COUNCILMAN MANSON – I don’t know.

RENEE BOGUE – The reason I bring this up and I don’t know if this is related to this issue but I attended a community shield meeting with the state highway patrol and they were talking about trucks weighing heavier than they should be and ticketing those trucks.  What we’re finding out of those trucks that are used for fracking as you know it takes millions of gallons of water just to frack one well.  I would suggest that maybe this would be looked into and see if that’s the case.  The consequences of that is then the roads get torn up and then the communities have to repair the roads which puts a burden on the communities.  So I would say this is if it is related to this I would not like to see allow the 10,000 pound increase simply to protect our roads and to keep the burden of repairs falling upon us as citizens.  That’s just a suggestion however I don’t know you know exactly how this is related.  Okay, thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  I’m quite sure Councilman Lewis will be on top of things in the future pertaining to this environmental. 

18.  ADJOURNMENT

COUNCILWOMAN SCASSA  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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