|
MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, April 7, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Law Director Perry Stergios, Engineer Keith Dylewski and Community Development Director Aane Aaby. Also in the audience we have Bill and Charlotte Hamit, Bill was auditor up until December 31. They’ve been gone for 3 months and apparently the books are all still okay so he came back. 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. Mr. McCune, you have guests here this evening if you’d like to introduce them. COUNCILMAN MCCUNE Sure, I have my niece Leah and my sister Cathy. Leah is study for a municipal government course in her class and she wanted to come down and see how we do business. COUNCIL PRESIDENT GAMBER Thank you, very nice to have you with us. 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 PETERS Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN PETERS – Chairman of the Streets, Highway, Traffic and Safety 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. DENISE DEAN – My address is 132 24th Street SE. I just wanted to comment about the rezoning basically its in my backyard that I’m against it. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 55 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Approving an application for assistance under Title I of the Housing and Community Development Act of 1974, as amended, including the Consolidated Plan and Annual Action Plan, authorizing the execution and filing of the application and related assurances and certifications. COUNCILMAN MANG Ordinance No. 55 deals with the Community Development Block Grant Program. At the work session Aane went to great lengths to explain to us the changes and the cuts that have been made in the program. Everyone has a list of the allocation what we allocated in 2007 and what we’re proposing to allocate in 2008. This piece of legislation will be given three readings but there will be a public hearing held on the second reading which will be April 21st at 6:30pm. I encourage council between now and then or now and before then if there’s some suggestions or changes or questions or whatever that you have on this on individuals or their application or whatever if you get that back you can bring it back to me if you so desire or if you wish you can go directly to Aane and he can bring back enough support information to you so that we can proceed with this piece of legislation. Tonight it will be given its first reading. ORDINANCE NO. 55 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 56 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from RM-1 Multiple Family Residential to B-3 General Business. COUNCILMAN MANG This piece of legislation deals with the south side of Lincoln Way East between 24th Street and 25th Street. The applicant is asking that the zoning be changed from RM-1 Multiple Family to B-3 General Business. This also will go through three readings and there will be a public hearing scheduled for May 5th at 6:30pm. First reading. ORDINANCE NO. 56 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 57 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township to I-1 Light Industrial District. COUNCILMAN MANG This is another rezoning application that we have. This has to do with the recently annexed Prophecy Massillon annex area. At that time it was in Perry Township and coming into the city we need to give it a designation. The designation that the city has chosen to use is I-1 Light Industrial. A public hearing for this will be held on May 5th at 7:25pm. First reading. ORDINANCE NO. 57 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 58 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for an 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 purchase of two (2) four (4) door midsize sport utility 4X4 vehicles for the Wastewater Treatment Plant, and declaring an emergency. COUNCILMAN HERSHER We actually approved for this to go out to bid earlier in the year. There was a problem with the P.O. needed to be redone. So we need to approve this again; its for two 4X4 utility vehicles for the Wastewater Treatment Plant to replace 1996 Ford Taurus’. They need the utility vehicles so that they can do field inspections. If there’s questions I’ll get them answered otherwise I plan on moving for suspension 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. 58 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 59 2008 BY: ENVIRONMENTAL COMMITTEE Repealing existing Section 925.48 “Enforcement” of CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, and enacting a new Section 925.48 “Pretreatment Violation Enforcement Response Policy” of CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, and declaring an emergency. COUNCILMAN HERSHER We, Mr. Ulrich spoke about this at our work session on Monday. This ordinance memorializes in ordinance form our pretreatment program. Also gives us spells out that program and would give us the authority to enforce pretreatment and violations of the pretreatment program. If there are any questions I’d be glad to get them answered for you tonight. COUNCILWOMAN CATAZARO-PERRY – I thought there was dollar amounts attached to this at the work session. I might be overlooking it but I don’t see them here tonight. COUNCILMAN HERSHER Mr. President, there’s an ordinance I believe its 61 – 2008 that spells out the schedule. COUNCIL PRESIDENT GAMBER Alright, we’ll take a moment Mrs. Catazaro-Perry if you would look at Ordinance No. 61 and see if that answers your question. COUNCILWOMAN CATAZARO-PERRY – Mr. Hersher, are you planning on passing both of these this evening? COUNCILMAN HERSHER Depending on discussion and if there are questions and if we’re ready to pass them this evening then yes. COUNCILWOMAN CATAZARO-PERRY – I just have some concerns about the dollar amounts I think that the enforcement is important but I do have some concerns about the dollar amounts. COUNCIL PRESIDENT GAMBER Are there any other comments or questions? Mr. Hersher? COUNCILMAN HERSHER Well, let’s give it first reading; we’ll talk about it at the work session. ORDINANCE NO. 59 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 60 2008 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, by amending Appendix A and adding additional Priority Toxic Pollutants to said appendix, and declaring an emergency. COUNCILMAN HERSHER This ordinance as we talked about at the work session sets a local limit for certain pollutants in the system such as arsenic and cyanide and things like that. If there are questions I’ll get them answered if not I do plan on asking for suspension and passage. 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. 60 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 61 2008 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 925 “SEWERS GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, by amending existing Subsection 925.51 “Administrative Penalties”, and declaring an emergency. COUNCILMAN HERSHER We’ll give this one first reading also. ORDINANCE NO. 61 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 62 2008 BY: ENVIRONMENTAL 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 Ohio Valley Energy Systems Corporation for a 2.480 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE Yes, we discussed this at the work session. This is another one of those win, win scenarios for us where we’ll get some money from the development of this lease. If there are no questions if there are questions I’ll bring Keith up if there aren’t any I intend to waive the rules and go for emergency passage. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 62 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 63 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Wastewater Treatment Fund, Muni Motor Vehicle License Plate Fund, Local Law Enforcement Trust Fund, Wastewater Treatment Capital Improvement Fund, Parks and Recreation Fund, Waste Management Grant Fund, 1201 Street Construction Fund, Federal Law Enforcement Trust Fund and the Safety Forces Equipment Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have a number of things here so this will probably take a few minutes to go through. We’ll just start with section 1 and that’s the $45,000.00 for the sports utilities that we just approved earlier in Ordinance No. 58. Number 2, is please appropriate $33,000.00 from the unappropriate balance of the municipal motor vehicle fund to account 1206 street department supplies. This is to purchase items for plows and a quote for a bucket for the loader to be received at your committee meeting. If you have any questions we can get the mayor up here to answer these. Number 3, is please appropriate $15,000.00 from the unappropriate funds of the local law enforcement trust fund and this is to be used for our swat team communications and miscellaneous training. This is a trust fund that can be used for these types of equipment for the police department. Number 4, $18,000.00 please appropriate $18,000.00 from the unappropriated balance of the wastewater treatment capital improvement fund. The money is needed for emergency repairs associated with an unexpected water main break on March 31, backflow preventer piping is leaking and various 2” water lines in the administrative building are needed. Once the water main leak was repaired several pipes starting leaking in basement due to the increase water pressure. Number 5, this is a request to appropriate from the unappropriated balance of the parks and recreation $9,000.00 services and contracts and $5,000.00 supplies. This came out of a grant from the USGA and it came out of grant revenue account. Number 6, is please appropriate from the unappropriate balance of the waste management grant fund. This is from a recycling grant $2,354.06 to recycling workers compensation and $5,000.00 to recycling services and contracts. This is needed to pay workers comp and costs related to recycling. Number 7, is please appropriate $6,735.00 from the unappropriated balance of the street construction fund to add a battery backup system to the intersection of Wales Rd and Route 21. We will be doing that probably at several intersections. The city’s electrical department has recommended that the intersections and streets of the Lillian Gish, Cherry Rd and Lake Avenue with State Route 21 be upgraded with battery pack systems as a safety precaution. Then number 8, is $7,000.00 for did I skip one there? (No) Okay, number 8, $7,000.00 from the unappropriated funds of the federal law enforcement funds this money is to be used for confidential funds in the special investigative unit. Any questions on anything there I’ll get we have the mayor here I’m sure he can answer them otherwise I’m going to be moving for passage. Did I miss one more oh, number 9, I’m sorry. Number 9, please appropriate from the unappropriate balance of the safety forces equipment fund in the amount of $1,300.00. This is for safety equipment purchase and this is the request from Judge Eddie; he is paying for this. This is for a computer to be used by the Massillon Fire Department for the networking system of fire and EMS. Sorry I missed that one. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 63 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 7 2008 BY: ENVIRONMENTAL COMMITTEE Endorsing the U.S. Mayors Climate Protection Agreement. COUNCILMAN HERSHER We talked about this at the work session as well. I think all of you may have seen the article in the Independent a couple of weeks ago. The Stop Global Warming Club at Massillon Middle School. One of the projects that they’ve been working on this year as well as recycling and some other projects was to present a resolution to the city in support endorsing the Mayor’s Climate Protection Agreement. So you know we’re glad to put that on the agenda for 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. RESOLUTION NO. 7 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 8 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Adopting the City of Massillon Emergency Plan. COUNCILMAN SLAGLE Point of order, as I remember it have other members of my committee initialed and approved this? Mary Beth? (Yes) They have, thank you. Then this was something that was discussed in the work session too it’s the emergency plan for the City of Massillon in the event of any number of different emergencies. It was discussed as we understood it most of it is in fact just a recitation of what has been in effect in the past. It some of this be required its been put forth and there’s really no reason why unless there’s some questions on it that I wouldn’t ask that we suspend the readings suspend the rule requiring that three separate readings and I’ll pass it this evening. COUNCIL PRESIDENT GAMBER I’ll take that as motion seconded by Councilwoman Catazaro-Perry. Is there any discussion any comments? COUNCILWOMAN CATAZARO-PERRY – Thank you, Mr. President, Mr. Slagle, I do have one question on the evacuations coordinators. City hall and council chambers there’s not one listed would we possibly place Mary Beth in there or council clerk and a phone number or? COUNCIL PRESIDENT GAMBER I believe that the plan was to have someone from either the auditor’s or the income tax office. Mr. Slagle, you would like to call someone up to see where we’re at with that and then we’ll get to Mr. Peters. Mr. Mayor? COUNCILMAN SLAGLE We’ll call the mayor. MAYOR CICCHINELLI – I think they wanted additional dialogue from council as to what they’re opinions were seeing that it involves the legislative authority. But you are correct it was I think they wanted somebody within this building. So it could be someone here but we prefer a full time person but I think we wanted input from council. COUNCIL PRESIDENT GAMBER Well, Mr. Slagle, its up to you then we have an incomplete resolution. COUNCILMAN SLAGLE We’ll withdraw it and have first reading tonight. COUNCIL PRESIDENT GAMBER Alright, motion is withdrawn we have first reading for Resolution No. 8. RESOLUTION NO. 8 – 2008 WAS GIVEN FIRST READING. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. AKRON BEACON JOURNAL - $1,361.57 COUNCIL PRESIDENT GAMBER Does it indicate on there what that advertising is for? COUNCIL CLERK MARY BETH – The Akron Beacon Journal is for the Legends Golf Course and the Repository is ours. COUNCIL PRESIDENT GAMBER Alright. 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 MARCH 2008. COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we need a motion for the auditor’s report. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilwoman Catazaro-Perry. Roll call vote of 9 yes to accept the auditor’s report. COUNCIL PRESIDENT GAMBER Mr. Peters, I apologize I mentioned when we were talking about the evacuation ordinance we’d get back to you. Do you have something you’d like to add at this point? COUNCILMAN PETERS No, just at the work session Mr. Loudiana said that you know he suggested somebody from the auditor’s office because they’re downstairs you know right where people met that’s all. So I assumed that’s who was going to be… 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee reports, committees will meet Monday the 14th at 5:45pm. Is there anyone who has a committee report any requests any recommendations? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR RECONSIDERATION OF ORDINANCE 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. COUNCIL PRESIDENT GAMBER I’ll recognize Mr. Hersher and then we’ll assume we will have a motion from someone else. COUNCILMAN HERSHER Point of order has there been a motion to? COUNCIL PRESIDENT GAMBER No, I’m just recognizing you at this point for discussion there has not been a motion yet. COUNCILMAN HERSHER Okay, I’m sorry, we dealt with this ordinance in three separate readings earlier in the year. It’s been put back on the calendar for this evening. COUNCIL PRESIDENT GAMBER Is there anyone who would like to make a motion for reconsideration? Mr. McCune? COUNCILMAN MCCUNE Mr. President, I would like to bring this ordinance back before the council for reconsideration if I can get a co-signer to do that. COUNCIL PRESIDENT GAMBER Is there a second? Seconded by Councilman Slagle. Has a motion and a second for reconsideration as we discussed at the work session this is appropriate. At the next meeting after there has been action on an ordinance I checked with our law director to verify the procedure the motion must be made by someone on the prevailing side. In this case the prevailing side were the no votes Mr. McCune made a motion. The second may come from anyone on the body in this case the motion came Mr. Slagle. So at this point we are we have a motion and a second to reconsider that does not however mean that we’re going to act on this tonight. As I indicated at the work session this is much too complicated and much too involved to try to do this verbally. I would suggest that we do this at a work session. At this point I’d like a roll call vote for reconsideration of Ordinance No. 30 – 2008. Roll call vote of 6 yes, 3 no for reconsideration of Ordinance No. 30 – 2008. Catazaro-Perry, Maiers and Peters voted no. COUNCIL PRESIDENT GAMBER Alright, the ordinance is now back on our agenda Mr. McCune? COUNCILMAN MCCUNE Yes, Mr. President, I would like to table this until the May 5th council meeting so that we can have time to discuss it at our work sessions, seconded by Councilman Manson. Roll call vote of 9 yes to table Ordinance No. 30 – 2008 until May 5th, 2008. ORDINANCE NO. 30 – 2008 WAS TABLED UNTIL MAY 5TH, 2008. 14. THIRD READING ORDINANCES AND RESOLUTIONS 15. SECOND READING ORDINANCES AND RESOLUTIONS RESOLUTION NO. 6 2008 BY: COMMITTEE OF THE WHOLE Urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Bank Protection Act, and declaring an emergency. COUNCIL PRESIDENT GAMBER Councilman McCune? COUNCILMAN MCCUNE Yes, I would also like to table this for further discussion until our May 5th council meeting. We gave it first reading and I want to table it before we take it any further to the May 5th, seconded by Councilwoman Catazaro-Perry. Roll call vote of 8 yes, 1 no to table Resolution No. 6 – 2008 until May 5th. Peters voted no. RESOLUTION NO. 6 – 2008 WAS TABLED UNTIL MAY 5TH 2008. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN PETERS – I move that we adjourn, seconded by all.
|
©Copyright 1998 - present City of Massillon.
All Rights Reserved
Designed and Maintained by Imaging
2000 Web Design