MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MARCH 21, 2011 

COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Monday, March 21, 2011.  We have in attendance with us this evening: Mayor Cicchinelli, Law Director Stergios, Fire Chief Burgasser, Building Official Roger Houpt, Engineer Dylewski and Auditor Ferrero.  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, Kathy Catazaro-Perry, Dave Hersher, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCIL PRESIDENT GAMBER - I will recognize Councilman Dave Hersher for the invocation and the Pledge of Allegiance. 

COUNCILMAN HERSHER – Gave the invocation for the evening. 

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN HERSHER – Chairman of the Environmental 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

JACOB GLICK  - My address is 995 Lanedale Street NW, Massillon, Ohio.  I’ve been a builder all my life built probably 600 – 700 homes. I read this in the newspaper today and I was very concerned what is you’re proposing to pass.  For one thing I think our economy is such a state that it is a very poor time to have to raise rents on people.  That’s what will happen I only own one rental that is my wife owns one and I think it is very unjust to have to pay $60.00 for registration for the little guy.  It’s not so bad for those who have a lot of rentals but to put on a $6.00 fee and then a $5.00 I think is very unfair.  I also was the developer of Friendship Acres and another allotment.  I’m sorry I get shaky.  But I have had very difficult time the last few years to even sell any houses at a profit.  My last house I think I lost money.  At such a time when the economy is the way it is and especially the housing market to raise it I think is very unfair.  Our real estate taxes have gone up and I suppose that everyone’s taxes went up at least mine went up considerable.  Storm sewer rate was put on this year and each year the sewer taxes go up and now to have these building fees to go up in all departments.  As a builder its not only going to this has already been passed but the fees are all going to be higher and quite a bit higher.  I don’t know how anybody can survive and make a living.  We had to I belong to a church board we had to cut we cut our pastor $375.00 we took another person clear off payroll and the janitor he was gracious and he’s working for about half price what he did before.  I think it is time to cut and instead of getting more bureaucracy this will mean if this passes that you’ll have to get more people in here to administer this you’ll have to have more people at least I would think so.  Maybe they can do it with less people we maybe should start thinking about cutting people’s wages and cutting people out.  I know I’m not talking what most people think but I think its time that we do a little different thinking than what we have in the past.  I personally don’t want to make bad mouth or but I’ve had difficulty with some things my wife is entirely disabled.  We have to have somebody in there constantly.  I have one rental house my rentals and my social security does not take care of it near and I just think its very unfair to for especially for the person that just has one rental.  I guess that’s all I wanted to say I just don’t think its wise to do this at this time.  Thank you.

MARTHA BRUNDELET – I live at 892 8th Street here in Massillon and I’m a landlord.  I just have a comment and a question.  My question is what benefit or advantage does the landlord or tenant receive from the legislation on this registration and licensing as Mr. Glick mentioned.  Usually when you’re charged a fee you get something in return I would like to see that spelled out what myself and my tenants will get.  It isn’t like paying for the police and firemen those have our lives in our hands.  The building inspector does not that was once brought up.  The other thing is that landlords and tenants already pay city taxes the landlord pays taxes on the income that they receive from the property and the working tenants they pay Massillon City taxes as well even if they work in another city.  So I don’t see why part of that can’t be put towards those inspections.  The other thing is like Mr. Glick said we’re going to have to raise our rent it doesn’t seem like much to you but everything is going up for the tenant and for us like groceries and utilities.  So and the tenants chose to live in my rental in Massillon, Ohio and they could have live anywhere else but Massillon benefitted because I provided a decent house for them.  So lets try to keep them here.  The other thing is I’m glad the tenants they can complain to the fair housing board, the health department and the building department so landlords should be responsible for providing decent housing.  But don’t make the good landlords pay for the non-compliant landlords.  If the compliant driven inspections that’s okay but it should be you should make legislation to charge those people that have been proven that they’re non-compliant.  Those should be ones that you should make legislation for that.  That’s about all I have to say thank you.

PAUL DOERING – I live at 318 Fourth Street NE.  I am a registered professional engineer in the State of Ohio and have been a housing provider in Massillon since 1976.  I am a member of Stark County Real Estate Investors Association.  About a month ago I attended a meeting in these very chambers with Roger Houpt and Councilman Townsend along with other real estate investors.  We talked about proposed registration for rental properties.  Mr. Houpt said if we fulfilled our obligation to register our rental properties with the county he would not require us to register with the city.  We were there in good faith and believed Mr. Houpt.  Now he has reversed himself again.  The Ohio Revised Code. Section 5323 presently requires rental properties to be registered with the county auditor.  In Section 5323.04 it says all information filed with a county auditor under this chapter is a public record under Section 149.43 of the Ohio Revised Code an owner of residential rental property who complies with the requirements of this chapter shall be deemed to be in full compliance with any request by the state or any political subdivision which Massillon would come under to that owner for information that is identical to the information filed with the county auditor under this chapter.  A case has been filed by our organization against the City of Canton in the Stark County Court of Common Pleas for violating the Ohio Revised Code by requiring additional registration of rental properties.  The outcome of this case will undoubtedly affect the new legislation being proposed for Massillon tonight.  We should recognize what the proposed legislation for what it is a money grab for the City of Massillon.  The administration is trying to balance its budget on the backs of housing providers and their tenants who will ultimately have to pay for it.  Why should housing providers have to pay three years in advance when Canton only requires annual payments?  Why should Massillon housing providers have to pay $60.00 for a unit when Canton only charges $20.00 for 1-3 units and $15.00 for 4 and above.  How many rental properties are there in this city and how many millions of dollars will this generate for the city.  We still have a very bad economy and this is not the time to add legislation which will increase rental costs and chase housing providers away.  Thank you.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 40 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Declaring the improvements of certain real property located in the City of Massillon, Ohio, to be a public purpose; declaring such property to be exempt from real property taxation; designating the improvements to be made that will directly benefit or service such real property; requiring the owner of such real property to make annual; service payments in lieu of taxes; establishing a municipal public improvement tax increment equivalent fund for the deposit of service payments; declaring an emergency.

 

COUNCILMAN MANG – Yes, this piece of legislation includes the O’Reilly property that is out there in the Kmart area.  We will give it first reading tonight.  

ORDINANCE NO. 40 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 41 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Declaring the improvements of certain real property located in the City of Massillon, Ohio, to be a public purpose; declaring such property to be exempt from real property taxation; designating the improvements to be made that will directly benefit or service such real property; requiring the owner of such real property to make annual; service payments in lieu of taxes; establishing a municipal public improvement tax increment equivalent fund for the deposit of service payments; declaring an emergency.

 

COUNCILMAN MANG – This piece of legislation deals with the FreshMark out on near Richville Drive off of Walnut.  We will be giving this first reading tonight.

ORDINANCE NO. 41 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 42 - 2011                      BY:   ENVIRONMENTAL COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with Start County, Ohio with regard to the Massillon-Stark County Sewer Service Agreement Supplemental #1- for the Bar Screen & Grit Screw Replacement Project at the Wastewater Treatment Plant, and declaring an emergency.

 

COUNCILMAN HERSHER – This ordinance is to allow a supplement to our agreement with the county to our sewer service agreement that we have with the county to memorialize the arrangement that we have the county for the 50/50 split for the bar screen and grit screw replacement project that we recently authorized.  Knowing that we’ve already authorized the project and the county is waiting for us to sign the agreement so that they can also sign it.  Having heard no concerns at the work session or since then I’ll be moving for to waive the rules and pass this, this evening. 

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. 42 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 43 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 1307 “BUILDING MAINTENENACE CODE” of the Codified Ordinances of the City of Massillon, by amending existing Section 1307.01 “Purpose and Scope” by enacting new Subsection 1307.01 (h) “Application and Enforcement”

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 43 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 44 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 1309 “HOUSING CODE” of the Codified Ordinances of the City of Massillon, by repealing existing SubSections 1309.03 “Minimum Standards; Light, Ventilation and Heating” (j)(13) 1309.07 “Rooming Houses” (c) (d) 1309.08 “Inspections” (a) and 1309.09 “Adoption of Rules and Regulations” (a) (b) and enacting a new SubSections 1309.03 “Minimum Standards; Light, Ventilations and Heating” (j) (14) 1309.07 “Rooming Houses” (c) (d), 1309.08 “Inspections” (a) and 1309.09 “Adoption of Rules and Regulations” (a) (b).

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 44 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 45 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 1311 “HOME IMPROVEMENT” of the Codified Ordinances of the City of Massillon, by amending certain SubSections and enacting revised SubSections as further provided hereto.

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 45 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 46 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1330 “REGISTRATION OFNON-OWNER OCCUPIED OR MUNIPLE UNITS” of the Codified Ordinances of the City of Massillon.

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 46 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 47 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1331 “REGISTRATION OF VACANT BUILDINGS” of the Codified Ordinances of the City of Massillon.

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 47 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 48 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 1341 “DEMOLITION AND MOVING OF BUILDINGS” of the Codified Ordinances of the City of Massillon, and enacting amended SubSections 1341.02 “LICENSE AND BOND REQUIRED”, 1341.03 “PERMIT FOR DEMOLITION”, 1341.04 “FEES FOR DEMOLITION LICENSES AND PERMITS”, 1341.05 “PERMIT TO MOVE A BUILDING FEE” and 1341.06 “PERMIT FOR USE OF PUBLIC PROPERTY”.

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 48 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 49 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 1501 “BUILDING MAINTENENACE CODE” of the Codified Ordinances of the City of Massillon, by amending existing Section 1307.01 “Purpose and Scope” by enacting new Subsection 1307.01 (h) “Application and Enforcement”

 

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 49 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 50 - 2011                      BY:   POLICE AND FIRE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a one year renewal contract with the Board of Trustees of Jackson Township for the purpose of EMS Transport billing, and declaring an emergency.

 

COUNCILMAN MCCUNE – Yes, discussed this at the work session briefly.  It’s a renewal of the current contract handling for Jackson Township handling the billing for our EMS transport.  The chief is here if anyone has any questions if not I intend to suspend the rules and bring this forward for passage.

COUNCILMAN PETERS – I have a statement at the committee meeting on Monday the question was asked what the amount was and I got that I already did my homework.  It was $12.00 I think Councilman Slagle asked that question I don’t know…but it was $12.00 and we’re just renewing the same contract so it will remain $12.00. 

COUNCILMAN MANSON – I just wanted to ask the fire chief if we had any problems with this, this year.

FIRE CHIEF BURGASSER – No, in fact it has worked very well.  We have a one on one relationship with the billing representative over there.  It’s far and away less than what we would pay in the private sector and we get much better results I believe. 

COUNCILMAN MCCUNE 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. 50 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 51 - 2011                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Parks & Rec. Capital Improvement Fund, Parks & Rec. Fund, 2105 Stormwater Fund and the Parks & Rec. Reservoir Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have four parts here I’m going to deal with 1, 2 and 4 to start with here.  This is for a proposed study to remove the dam from the Reservoir we have the lowest bidder was $40,700.  The funds are going to come from three different places we’re going to get $17,895 from the Parks & Rec. Capital Improvement Fund, we’re going to get $17,193 from the 1234 Parks & Rec. General Fund and we’re going to get $4,911 from the Parks & Rec. Reservoir Project Fund for that.  Then the other part is Section 3 for $11,830 this is please appropriate from the unappropriated balance of 2105 Stormwater Utility Fund from the Erie Street Emergency Repair Project.  The city has been awarded a grant in the amount of $118,305 from the Ohio Public Works Commission at a 90/10 split for this project.  The requested appropriation represents the city’s share. 

COUNCIL PRESIDENT GAMBER –  Do we have any question on these items?  Mr. Manson, may I ask a question? (Yes)  You had mentioned that the three items were for the removal of the dam has that been decided?

COUNCILMAN MANSON – Well, this is just you would like the engineer to come up and answer that for you.  This…

COUNCIL PRESIDENT GAMBER – I heard the word remove I didn’t know…

COUNCILMAN MANSON – This isn’t it’s to a proposal to study to remove.  Right?  That’s all it’s not for the removal yet.  We have to find out what it will take to remove it. 

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. 51 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 B COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 B COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR FEBRUARY 2011 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR FEBRUARY 2011.
G). MAYOR’S LIST OF BOARDS AND COMMISSIONS

COUNCIL PRESIDENT GAMBER – We have numerous reports from city officials all of which we will put on file.  Item 10G has to do with an appointment to a new board or commission I’ll call on environmental chairman Dave Hersher.

COUNCILMAN HERSHER – All members of council should have received by email last week and hard copy this evening the Mayor’s appointment to the newly established Massillon Stormwater District Review and Appeals Board.  This board was required when council passed the Stormwater Utility legislation recently.  It’s a 5 member board with two year appointments two members of the board will be permanent the city engineer and safety service director will permanently serve on this board.  The three appointments that we have for terms expiring December 31, 2012 that are in front of us appointed by the Mayor are Julie Berbari, James Triner and Perry Stergios. 

COUNCILMAN HERSHER moved for acceptance of the Mayor’s appointments to the Massillon Stormwater District Review and Appeals Board to expire on December 31, 2012.  Seconded by Councilman Slagle.

Roll call vote of 9 yes for the acceptance of the appointees to the Massillon Stormwater District Review and Appeals Board.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Works sessions will be held next Monday the 28th at 6:00pm. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

TABLED FROM MARCH 7, 2011

ORDINANCE NO. 22 - 2011                      BY:   FINANCE COMMITTEE 

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

 

COUNCILMAN MANSON – Yes, this is the budget certified budget for the city for the rest of this year.  There it is we’ve been talking about it since November.  If there’s any questions we’ll try to answer them, but I think we should have most of them by now. 

COUNCIL PRESIDENT GAMBER – Do we have any questions on the ordinance?  Mr. McCune?

*The following is a prepared statement that Councilman McCune read into the read.  I have entered it into the record as it was given to me.  Mary Beth Bailey – Clerk of City Council

COUNCILMAN MCCUNE – Yes, as I and other members of this body have said; The Proposed Budget Is What It Is. And as we know, what this budget represents is the total amount of money the auditor can certify, and the administration, along with the auditors input, believes is the best way possible to disburse the money within the budget among the many departments and funding mechanisms that makeup the city’s departmental workforce and the responsibilities that they are accountable for.

Yes, The Proposed Budget Is What It Is, and what it is is a budget almost exactly like every budget that has been brought before this body over the past five years that I, and most of you, have served on council. With the only real change in the way the budget has been presented to us over that time, and I must mention passed by us every year since I have been on council, being that the Police & Fire Departments now have funding placed in their accounts rather than being completely zeroed out as had been the practice prior to this bodies demand that funding be place in those accounts for payroll, etc, etc. Yes, the Police & Fire accounts are underfunded when it comes to comp, overtime pay, etc, and yes, as in the past the administration, along with the auditors office, are intentionally underfunding those departments. Yes, as in the past they are doing so with the expectation that their conservative projections will be surpassed, and as often times in the past that the monies brought in above those projections will offset the underfunding within the proposed budget, or more specifically the underfunding of the Police & Fire Departments line items within said budget.

Over the past several weeks and months I have heard members of this body make statements of “I will not support the budget if there are not cuts made”, which in essence either means cutting jobs and the people those jobs represent, or cutting funding to programs like the SARTA / Hampton building that even though on first glean my not appear to be beneficial to the city, but when such programs are fully explained, which they have been by Aane on at least one occasion, we find that to pull funding from would be more detrimental to the city than beneficial. Or statements like that of Mr. Peters; “I don’t care if I shut the city down I’m not voting for the budget if cuts aren’t made and it doesn’t come before me as a balanced budget.”

Yes, I’m sure there are jobs within the city’s workforce that more likely than not do not pay their way, but when you look at the overall scheme of things those few jobs, and the elimination of, will really not make much of an immediate impact on the budget deficit. Especially when you look at the shortfall the administration, along the auditor, are dealing with on an everyday basis. Not to mention the negative impact the elimination of those jobs would have on the taxpaying people and the family’s of that are working those positions.

As for having a balanced budget or shutting the city down;
We all realize, or at least we all should realize that this city needs additional revenue streams, and that without the creation of said additional revenue, those sitting in the chairs that the Mayor and Auditor currently sit will be forced to continually bring a budget before this body very similar in nature to the one being brought forward for a vote tonite. Yet, I have never heard Mr. Peters, or any of the others for that matter, mention their intent of crafting legislation that will create the additional revenue stream this city needs in order to have the type of budget he and others of this body are demanding. And I don’t want to hear the old; “It’s not my job,” when the fact is that bringing forth such ideas of creating revenue streams is no different than bringing forth legislation to create a sidewalk fund within the city. The fact is that this his body is no different than the legislative bodies in D.C. or Columbus, and to believe it is not your job to come up with an alternative when something like the proposed budget doesn’t meet your expectations is just simply not the truth. It is your job. Yet, over the past several months when needed revenue creations such as the non school tiffs have been brought before this body there have been enough members of this body voting against, that those revenue streams have been voted down, and with their being voted down the revenue represented by were lost. Revenue that could in time have relieved some of the burden off the general fund, and by doing so free those monies up for other use. And still we have seen no alternatives brought forth by those who voted against. Why? I suppose because it is always easier to hide behind the old; “It’s not my job,” rather than make the tough decision to bring forth a new idea, or for that matter, an old idea, that will create additional revenue, and in the process create the balanced budget that some members of this body want to demand.

As for voting to shut the city down, as even the tea partiers are finding out in D.C. that is much easier to say than do. Why? Because by shutting down a nation, as with shutting down a city, you aren’t simply accomplishing a political ploy, you are placing the very people who voted you into office in harms way. So, if any of you plan to vote to shut the city down tonite, I hope you are doing so with the full knowledge that by doing so you are placing the entire city and the residents of in peril. And that is something that I personally am not willing to do.

And so, even though I wholeheartedly agree this budget is far from perfect, It Is What It Is, and because we currently have no viable alternative, I believe we must vote for its passage tonite, and then begin the hard work of exploring ways to create the much needed revenue streams the city must have in order to attain a balanced budget, and then take the best of those ideas to the people for consideration of its passage. And if not, we, or those after us, will be forced to continue to pass budgets similar to the one we will be voting on tonite, and then hope that we, or they, don’t eventually run out of rabbits for the proverbial hat.

And so, because of ALL the aforementioned, I will be voting in support of the budgets passage tonite.

COUNCIL PRESIDENT GAMBER – Are there any other comments or questions?  Mr. Manson?

COUNCILMAN MANSON moved to bring Ordinance No. 22 – 2011 forward for a vote, seconded by Councilman Hersher.

Roll call vote of 4 yes, 5 no.  Anderson, Catazaro-Perry, Peters, Slagle and Townsend voted no.

ORDINANCE NO. 22 – 2011 WAS DEFEATED.

TABLED INDEFINITELY ON NOVEMBER 1, 2010

ORDINANCE NO. 115 - 2010                    BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Declaring the improvements of certain real property located in the City of Massillon, Ohio, to be a public purpose; declaring such property to be exempt from real property taxation; designating the improvements to be made that will directly benefit or service such real property; requiring the owner of such real property to make annual; service payments in lieu of taxes; establishing a municipal public improvement tax increment equivalent fund for the deposit of service payments; declaring an emergency.

 

COUNCILMAN MANG – This piece of legislation obviously was tabled and bringing it back to give it a first reading tonight.  This deals with the area where the current shopping plaza is in downtown Lincoln Way.  It also involves the area that once housed the Chevy Motors and I’m not sure whatever.  But anyhow that is the area we’re talking about.  So we’ll be giving it first reading tonight.

COUNCIL PRESIDENT GAMBER – I’m sorry, Mr. Anderson, you have a question?

COUNCILMAN ANDERSON – This is the TIF that you’re talking about?

COUNCILMAN MANG – Yes.

COUNCILMAN ANDERSON – Okay.

COUNCIL PRESIDENT GAMBER – And the area that we’re talking Mr. Mang?

COUNCILMAN MANG – I’m not sure what the exact phrase is Madame Clerk would you…

COUNCIL CLERK BAILEY – This is for Lincoln Centre Phase III.

COUNCIL PRESIDENT GAMBER – And your pleasure tonight Mr. Mang?

COUNCILMAN MANG – Tonight it’s to give it first reading.

ORDINANCE NO. 115 – 2010 WAS GIVEN FIRST READING.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 24 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Amending Section 115.02 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township, R-2 Single and Two Family Residential to R-3 Single Family Residential.

 

COUNCILMAN MANG – I will refer this to Mr. Hersher who held the public hearing this evening.

COUNCILMAN HERSHER – We’ve had three readings well this will be third reading for this particular ordinance it was also the subject of a public hearing tonight.  This area known as the Sibila Annexation was recently annexed into Massillon.  It was zoned as R-2 single and two family residential when it was part of Perry Township.  The recommendation by the Planning Commission at their February 9th meeting was to bring this into the City of Massillon as R-3 single family residential.  In our legislation request from Community Development Director Aaby says that they felt that this most closely corresponded to the zoning of the surrounding area.  I think its worth noting that there’s been no opposition to this zoning classification during any of the three readings nor at the public hearing tonight. 

COUNCILMAN HERSHER moved to bring Ordinance No. 24 – 2011 forward for passage, seconded by Councilman Mang.

ORDINANCE NO. 24 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 25 - 2011                      BY:   PUBLIC UTILITIES COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Lake Region Oil, Inc., for a 1.7 acre parcel owned by the City of Massillon, and declaring an emergency.

 

COUNCILMAN ANDERSON – This Ordinance No. 25 – 2011 is or I would like to see it amended an ordinance authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Lake Region Oil, Inc., for approximately 5 acres of real estate owned by the City of Massillon, and declaring an emergency.  Now therefore it be obtained by Council of the City of Massillon to state that section 1 the council of the City of Massillon. Ohio, hereby determines it to be necessary in the public health, safety and welfare to enter into Non-Surface Development Gas and Oil Lease with Lake Region Oil Inc., for approximately 5 acres of real estate owned by the City of Massillon.  Section 2, the Director of Public Service and Safety of the City of Massillon, Ohio, is hereby authorized to enter into a Non-Surface Development Gas & Oil Lease with Lake Region Oil, Inc., approximately 5 acres of real estate owned by the City of Massillon.  A copy of the Non-Surface Development Oil & Gas Lease and map is attached hereto as Exhibit “A”. 

COUNCILMAN MANG – Is that your motion?

COUNCILMAN ANDERSON – Yes.

COUNCILMAN MANG – I second that motion.  

COUNCIL PRESIDENT GAMBER – The motion is to amend Ordinance No. 25 – 2011 as presented.

COUNCILMAN ANDERSON – Yes, sir.

Roll call vote of 9 yes for the amendments to Ordinance No. 25 – 2011.

COUNCIL PRESIDENT GAMBER – The amendment is accepted Ordinance No. 25 - 2011 for third reading due to the fact that it is amended it is now back at first reading.  Mr. Anderson?

COUNCILMAN ANDERSON – I’d like to give it first reading.

ORDINANCE NO. 25 – 2011 WAS GIVEN FIRST READING. 

COUNCIL PRESIDENT GAMBER – Council members I would like to direct your attention back to Ordinance No. 115.  I admit when I heard Mr. Mang mention about first reading I was talking with the Clerk when an ordinance is tabled it can either be tabled to a specific date or indefinitely.  If its tabled to a specific date it automatically appears back on the agenda.  If an ordinance is tabled indefinitely there needs to be a vote to bring it back for consideration.  So Mr. Mang, if you would please withdraw your first reading we will then go back and vote on whether to bring this forward for discussion at all as an ordinance that was tabled indefinitely. 

COUNCILMAN MANG – You are correct Mr. President.  I so move to withdraw my motion to giving it first reading. 

COUNCIL PRESIDENT GAMBER – We now need a motion to bring it forward for consideration.

COUNCILMAN MANG moved to bring Ordinance No. 115 – 2010 onto the agenda, seconded by Councilman Hersher. 

Roll call vote of 8 yes, 1 no to put Ordinance No. 115 – 2010 onto the agenda.  Catazaro-Perry voted no.

COUNCIL PRESIDENT GAMBER – Alright, Ordinance No. 115 – 2010 is back on the agenda, Mr. Mang, you probably will have to give it first reading.

COUNCILMAN MANG – Mr. President, so moved.

COUNCIL PRESIDENT GAMBER – Very good.  We’ve now observed the niceties.  Thank you.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 14 B 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 – Second reading.

ORDINANCE NO. 14 – 2011 WAS GIVEN SECOND READING.

ORDINANCE NO. 29 B 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 Aeration Tank Recycle Project at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 
COUNCILMAN HERSHER B The title to this ordinance really sums up what we’re doing with it.  It’s to authorize our Director of Public Service and Safety to advertise and receive bids for a Aeration Tank Recycle Project at the Wastewater Treatment Plant.  We’ve had a couple of work sessions with this its believe that this project will improve the operations at the plant.  The funds when appropriated will come from the Wastewater Treatment services and contracts account.  I did give this a second reading just because we you know it will eventually be an appropriations ordinance.  I’ve heard no objections at either of the work sessions.

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. 29 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 31 B 2011                     BY:   RULES, COURTS & CIVIL SERVICE COMMITTEE

Establishing procedures to determine the lowest and best bid for the construction of public improvements in the City of Massillon, Ohio and to allow the use of Project Labor Agreements for the construction of certain public improvements in the City of Massillon.

 
COUNCILWOMAN CATAZARO-PERRY B Second reading.

ORDINANCE NO. 31 – 2011 WAS GIVEN SECOND READING. 

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – Yes, I’d like to have my committee Mr. Hersher and Mrs. Catazaro-Perry to stick around after the meeting and we’ll discuss where we’re going to go with the city’s budget.  If that’s okay without giving any notice.

COUNCIL PRESIDENT GAMBER – You’re in the meeting here.  Is there any other miscellaneous business.

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

SAM DAUT –  835 Cherry Rd NW.  I would have asked this question earlier but I had no idea who the appointments were going to be for the Stormwater Utility.  My only question would be even though it was on the agenda my question to Mr. Hersher are these volunteer jobs or are these being paid jobs on the Stormwater these people that sit on this board.

COUNCILMAN HERSHER – They’re volunteer jobs.

SAM DAUT – They’re volunteer?

COUNCILMAN HERSHER – Yes.

SAM DAUT – That’s all I wanted to know.  Thanks. 

PAUL DOERING – I’m sorry I didn’t realize this knox box issue was going to be on the agenda.  But I wanted to just talk about it briefly first of all why is the city building department, fire department already telling commercial tenants I have that they have to have these in place now.  I mean it hasn’t even been passed but they’re telling I have a tenant that’s trying to get a building established here in downtown Massillon I mean a business established.  He can’t open up because he doesn’t have a knox box.

COUNCIL PRESIDENT GAMBER – I believe the program is existing this is amending it somewhat you can talk with…

PAUL DOERING – And the other issue is what’s to prevent a thief from knocking one of these boxes off a building taking it home and cutting it open or breaking it open and then take the keys and go into the building and who’s going to be responsible if that happens?

COUNCIL PRESIDENT GAMBER – Thank you for your comments.

18.  ADJOURNMENT

COUNCILMAN HERSHER - I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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