MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, APRIL 7, 2014 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, April 7, 2014.  We have in attendance with us this evening the following city officials we have Mayor Kathy Catazaro-Perry, Community Development Director Ted Herncane, City Engineer Keith Dylewski, Safety Service Director Al Hennon, Police Chief Keith Moser and Law Director Perry Stergios. For those of you who like to follow tonight’s meeting we have agendas over to the left for anyone who wish to follow the meeting.  Also if you look on the agenda 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:  Milan Chovan, Sarita Cunningham-Hedderly, Michelle Del Rio-Keller, Nancy Halter, Ed Lewis, Paul Manson, Andrea Scassa, Megan Starrett and Shaddrick Stinson.

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?  I would just like to make a note if you could contact Mr. Miller on our minutes that are on line are out of order it has March 17th then 10th the 24th.  Just have to go 10, 17 and 24.  (Okay)  Thank you.   

5.  REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

COUNCIL PRESIDENT TOWNSEND – Okay, we have arrived at #5 this is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda if you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you wish to discuss. 

CINDY BALAS-BRATTON – How’s everybody?  927 3rd Street NE in Massillon, Ohio.  I’m very proud of our city, very proud of what all we’ve done so far except we need money.  I have several things that I’d like to bring to attention 33-2014 Modern Ritual Piercing on Erie Street why is the inducement grant listed as declaring an emergency necessary?  And is this a new business in the city and if there has been a study to determine if and why a piercing business is feasible regarding the needs of Massillon.  34-2014 Pampered Nails Boutique why is the inducement grant declared an emergency?  I understand these will not be answered but these are questions that I have that might be addressed somewhere along the line.  I also wondered why the expanding boundaries of the Massillon Historic District is being expanded.  That’s at 38-2014 I have a question about 42-2014 appropriations from unappropriated balance of the economic development I forget the it’s a fund and the parking enforcement fund for year ending December 2014 and declaring an emergency.  Why is this an emergency when our city is in a financial emergency situation.  I don’t understand why that’s listed as an emergency.  On 29-2014 the amending of the class titles this one I’m really confused about.  It says please advise what occupational class titles will be changed and if when any momentary increases will be effective with this change at this time with our city in a financial emergency and why is this being declared an emergency.  One more on the agenda is 32-2014 and I wondered why this was listed as an emergency and if it was a second reading.  I know that council has a lot on their plate and I appreciate everything that you do and we’ve got a lot of work ahead us and I’ve proud of all of you.  Thank you very much. 

SAM DAUT – 835 Cherry Rd NW.  I too she beat me to it.  Because I too want to speak on those ordinances as far as like declaring an emergency and stuff.  I don’t have a problem I’m going to celebrate my 40th anniversary in May and just being in business is a challenge in itself.  I’m just confused because I was at the committee meeting when these grants came up and I wish somebody would explain to me are these payable grants?  I mean is this money going to get paid back?  Is there somebody here that answer that?  Because if not why isn’t it that they’re not applying at the banks because its these grants that got us into trouble I believe in the hotel and other cases when did they apply for these grants and how are they applied for?  I know people that would probably be glad to.  I mean I may have done it over the years.  But all I’m asking is who on city council here can answer me how are these done. 

COUNCIL PRESIDENT TOWNSEND – Well, Mr. Daut, you’ve been around a long time this is not a question and answer session. 

SAM DAUT – What I’m saying I don’t think it should be declared an emergency I think they should have readings and I think considering the fact that the city shouldn’t be out giving money when there’s banks and small business loans and I just think I don’t understand it.  I don’t think these things should be an emergency also.  That’s all I have to say.  Thanks. 

COUNCIL PRESIDENT TOWNSEND – Is there…

CHIP BELANGA -  I want to speak on Ordinance No. 21 – 2014 about the property out by the church that’s I’m called to is Holy Trinity Lutheran Church.  It’s in the purchase agreement I just want to speak that I don’t know I think we’re voting on that tonight.  I think it’s a third reading.  Hopefully the council will vote to do that.  We have in the last year spent $700,000 on a new complex out there and these 3 acres that will be bought back by a private party will be used for more ball diamonds and soccer fields out there.  So if council is going to vote on that today I hope they vote in favor to sell that property back to a citizen so we can continue to move forward with the progress that’s happening out on the west side of Massillon.  Thank you.

REX FERGUSON – I’m just quickly going to announce something that appeared in the papers in the last 72 hours.  I’m with Hammond Aqualife a co-founder and we quickly want announce that in concert with all the pertinent parties involved with this project that we have decided to withdraw interest in pursuing the current line of negotiations.  Which as many know is a lease agreement that was offered us on the 22 acres on the south nine holes at the Legends of Massillon golf course.  Instead that we have offered a letter of intent to outright buy the entire golf course as well as all corresponding structures and amenities on the golf course.  And in the letter of intent I speak it was actually published in the Indeonline as well as the hard copy version but the notion to making a purchase was made to in order to pursue a line of investment in the golf course that would help us and assure that the 18 holes will indeed will remain a golf course.  We in other words we are considering the land in question if we’re going to consider the land in question the south nine holes as a viable resting spot for our attraction we think it prudent to make sure that the guesswork is involved with the fit of the golf course down the line would be addressed quickly.  We want to do so in a way that protects and is respectful of the interest of the people of the City of Massillon as well as the long term interest of our business model.  So just I included some details that was published in the paper concerning some of the things that we are very sensitive to and wanted to talk about very quickly.  That we wish to retain and/or add some of the following details in the structured purchase agreement.  So therefore they would be legally binding.  And that is the necessary workforce already in place should they want to continue forward, the maintaining 18 holes of golf, recapitalizing the existing golf course the 18 holes as well as amenities and structures and by recapitalizing naturally I mean to renovate, update, etc.  And there are a list I’m sure of overriding concerns that both the city and the community at large have.  And many of those concerns have to do with the financial arrangement how that would work and the structure of the purchase agreement.  And naturally we are we want to make sure that the city is protected as best we can at a binding contract.  We’re sensitive to many things and that would be we would include such details as a definite hard stop for construction to commence.  So that obviously we have to begin construction for the attraction before “x” date.  And also some other details that would protect the city down the long haul and we will make available very soon an official offer.  So a lot of the details that many folks have that you may have read in the paper will be addressed at the length of that contract.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  Going once, twice.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

COUNCIL PRESIDENT TOWNSEND – Okay, lets move on to #6 introduction of ordinances and resolutions.  I would like to amend the agenda somewhat to bring Ordinance No. 32 – 2014 first on the agenda but I would like to refer that over to Councilman Manson, please.

COUNCILMAN MANSON – Yes, thank you Mr. President, I would like to make a motion that we amend our agenda and bring Ordinance No. 32 – 2014 forward to the top of the agenda and deal with it immediately.  Seconded by Councilwoman Del Rio-Keller.

Roll call vote of 9 yes to amend the agenda to bring Ordinance No. 32 – 2014 as the first item on the agenda.

ORDINANCE NO. 32 - 2014                      BY:   PARKS AND RECREATION COMMITTEE

Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a ground lease agreement with Massillon CIC for the area known as part of Out Lot 561 and part of Out Lot 1031 along Nave Rd SE containing 22.048 acres as part of the Legends of Massillon Golf Course, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Del Rio-Keller.

COUNCILWOMAN DEL RIO-KELLER – Thank you, Mr. President, as you all are aware we received a letter on Friday from Mary Beth from Hammond Aqualife LLC asking that they no longer want to move forward with the legislation for the lease that they now want to look at purchasing the golf course.  Before we move into moving forward with the ordinance does anyone have any questions or comments that they’d like to talk about? 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, I’d like to comment on this.  This is kind of a big surprise on last Friday when we found this out.  So it has kind of changed things a little bit before things go any farther there’s something that I’ve been its been on my mind and I’ve talked to different people even council people.  I think as a council we should go back and take a look at this especially now with all the attention that’s on it.  That area down there.  Five years ago we put a proposal together and we went out and shopped it around to see if there were any developers that were interested you know developing this residentially.  And everybody knows what the building climate was like five years ago in this area it wasn’t all that great.  I think that in the interest of making sure that the best thing for the city and the residents happens is that I think we should put another plan together and I think through our community development we should go out and solicit proposals again.  And I think we should have language in there that says that council can either accept or reject any plan that’s not based on the highest say so called offer and get an idea of what really is out there.  Because the investment climate is changing dramatically right now.  That is a very in every way that’s a very valuable piece of property down there.  And to make sure that everybody at least gets a fair shake and a look at this thing I believe we should go back out solicit proposals and start looking at them.  When we did the theater back in ’04 we did the same thing; we went out we got five proposals, two of them made monetary offers, a couple had plans but had no financing, one group was a local group that just wanted to make it part of the park system of Stark Parks but we at least looked at five different plans.  And in the end we ended up selling it out right and both parties that made financial proposals got something out of it.  The theater got the largest share; somebody else got some others.  I think that maybe that’s way we should take a look at this.  I just don’t like the way this is developing right now.  Thank you. 

COUNCILWOMAN DEL RIO-KELLER – Any other questions or comments? 

(Someone from the gallery asked to speak)

COUNCILWOMAN DEL RIO-KELLER – No.

COUNCIL PRESIDENT TOWNSEND – No, but you can wait till #17 and then you can speak on it.

COUNCILWOMAN DEL RIO-KELLER moved to table Ordinance No. 32 – 2014 indefinitely, seconded by Councilman Stinson.

Roll call vote of 9 yes to table indefinitely Ordinance No. 32 – 2014

ORDINANCE NO. 32 – 2014 HAS BEEN TABLED INDEFINITELY.

ORDINANCE NO. 33 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Modern Ritual Piercing to provide an economic development “inducement grant” to assist the company in renovation expenses at 28 Erie Street N., and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

 

COUNCILMAN MANSON –Yes, thank you, Mr. President, first reading.   

ORDINANCE NO. 33 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 33 has received first reading.

ORDINANCE NO. 34 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Pampered Nails Boutique to provide an economic development “inducement grant” to assist the company in renovation expenses at 2107 Lincoln Way West, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President, first reading.

ORDINANCE NO. 34 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 34 has received first reading.

ORDINANCE NO. 35 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with the Board of Stark County Commissioners and the City of Alliance, Ohio, to form a consortium for the purpose of becoming a participating jurisdiction in the Federal HOME Investment Partnership Program, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President, I think that I would like to try to move this forward tonight but I would like to have Mr. Herncane maybe come up and give us a little highlight of what he gave us the other night and explain how this works and why we’re partnering with Stark County and Alliance and everybody in this. 

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Sure, Mr. President, members of council, Mr. Manson, the city is a member of the Stark HOME consortium with the City of Alliance and Stark County.  Individually the city and the other folks are not eligible for the HOME rehabilitation funds through the Department of Housing and Urban Development.  By creating a consortium which they did 20 years ago or so the city would gain $100,000 - $120,000 a year in HUD grant funds for full home rehabilitation assistance and first time home buyers assistance both to eligible applicants.  Every three years the city has to renew their membership in the consortium this is the last year that we should have to do so.  There’s an automatic renewal clause in the agreement itself.  There’s also an opt-out a clause if for some reason the city decides to that they want to forego those funds in the future when it comes time to renew the city can opt-out of that as well.  I believe you have a copy of the agreement itself.  This is something that in addition to passing an ordinance and signing an agreement annually for these funds this is something that the city has done every three years since inception of the program not the city. 

COUNCIL PRESIDENT TOWNSEND – You still have the floor.

COUNCILMAN MANSON – Does anybody have any questions for Mr. Herncane?  Thank you.  Having heard that I don’t think this is going to affect anybody but Massillon, Alliance and Stark County and it will help our community development get moving on it a little bit. 

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Chovan.

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

ORDINANCE NO. 35 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 35 has passed.

ORDINANCE NO. 36 - 2014                      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, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  This we do annually as part of the program we do are required to have a public meeting, public hearing.  So I’d ask the clerk what’s the schedule for the public hearing on this?

COUNCIL CLERK BAILEY – It’s scheduled for the 21st of April.

COUNCILMAN MANSON – At what time?

COUNCIL CLERK BAILEY – I’m not sure what time Ted has…

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – 6:30pm. 

COUNCILMAN MANSON – 6:30pm.  Okay, first reading.

ORDINANCE NO. 36 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 36 has received first reading.

ORDINANCE NO. 37 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Ordinance No. 61 – 2013 to reflect the new address of PolyPro Solutions, Inc., which is a company relocating to the City of Massillon, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  The first ordinance we had was last July 2013 and the way I understand this this is just a different address.  They’ve been looking at different piece of property where they would like to go.  Unless there’s reason that anybody would object to this any council members I’d like to move this forward tonight.

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilman Manson?  No questions, your motion?

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 37 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 37 has passed.

ORDINANCE NO. 38 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Expanding the boundaries of the Massillon Historic District.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, I think this is one we could use a little more discussion on so I’m going to give it first reading.

ORDINANCE NO. 38 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 38 has received first reading.

ORDINANCE NO. 39 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the contract with the Ohio Department of Transportation for the SR 241 Paving Project, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, this ordinance gives us the right to sign a contract with ODOT to repave Route 241 out from Erie Street S out to State Route 93.  ODOT would pay 80% we would pay 20% which should come out to about $102,000 but we are looking for alternate funding sources.  So this is something we need to move on so I’m planning on moving this forward tonight if there’s any questions.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilwoman Halter?  There are no questions, your motion?

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilwoman Starrett.

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

ORDINANCE NO. 39 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 39 has passed.

ORDINANCE NO. 40 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Final Resolution authorizing the contract with the Ohio Department of Transportation for the SR 241 Paving Project, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, this is a piece that goes along with the former ordinance that we just passed and this basically gives us the right to sign the final resolution for this project.  Again, I will be asking to suspend the rules tonight and bring this forward for a vote. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilwoman Halter? 

COUNCILWOMAN HALTER 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. 40 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 40 has passed.

ORDINANCE NO. 41 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Preliminary Legislation with the Ohio Department of Transportation for the STA-OBPP FY 2016, PID 97410 for the bridge replacement located on 17th Street NE over Sippo Creek, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, this is another project this is replace the bridge on 17th Street its near Hankins Road over Sippo Creek.  The state will assume and bear 100% of all the cost for the project.  Again, tonight I would like to bring this forward for a vote. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilwoman Halter? 

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilwoman Starrett.

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

ORDINANCE NO. 41 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 41 has passed.

ORDINANCE NO. 42 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Economic Development Fund and the Parking Enforcement Fund, for the year ending December 31, 2014, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 42 – has received first reading.

ORDINANCE NO. 43 - 2014                      BY:   FINANCE COMMITTEE

Authorizing the Director of Law of the City of Massillon, Ohio, to renew the one year contract with the City of Canal Fulton, for the purpose of providing prosecutorial services, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, we have the law director here if anybody has any I think we have him somewhere around here if anybody has any questions.  But this is a typical contract that we sign with Canal Fulton on an annual basis.  If there’s no questions for this evening I would ask that we just go ahead and vote on it tonight.  Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Do you have any questions Councilman Manson?

COUNCILMAN MANSON – Yeah, I was wondering where our law director was.  Well its his thing does he want to comment on it?

COUNCILMAN LEWIS – If we could ask the law director to please come out.  Is it absolutely necessary I mean this is a contract that we’ve all read over?  There he is.   Would you like to comment on the contract with Canal Fulton?

LAW DIRECTOR STERGIOS – Certainly.  Mr. President, ladies and gentlemen, Mr. Lewis, the Canal Fulton contract historically for quite a long time we have had an agreement to prosecute their cases in municipal court.  It saves them the cost of hiring their own prosecutor as they are a city, cities and villages we do not have to prosecute their cases like the townships or the highway patrol.  I looked over the numbers of cases and they pretty much have stayed about the same from a volume standpoint.  And considering we haven’t increased it for at least a year or two but from a cost standpoint we’re here anyhow.  I mean they don’t have to hire us I wouldn’t get to reduce people if I didn’t do their cases.  So I see no reason not to pass if if you’re so inclined and get it off the agenda. 

COUNCILMAN LEWIS – Any questions for the law director.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 43 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 43 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A.  AUDITOR SUBMITS MONTHLY REPORT FOR MARCH 2014.
B.  TREASURER SUBMITS MONTHLY REPORT FOR FEBRUARY 2014.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Councilman Lewis, I need a motion to accept the auditor’s report.

COUNCILMAN LEWIS  – I make a motion that we accept the auditor’s report for March 2014, seconded by Councilwoman Scassa.

Roll call vote of 9 yes to accept the Auditor’s report for March 2014.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk and the auditor’s report and treasurer’s report will be filed.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Are there’s any reports of committees?  Okay, now we’re at third readings. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 21 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement between the City of Massillon and the Community Improvement Corporation of Massillon, Inc., for the sale of real estate located on the south side of Lincoln Way West (SR 172) adjacent to Holy Trinity Church known as Outlot #967 containing 3 acres of land, upon approval of the Board of Control.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.            

COUNCILMAN MANSON – Yes, thank you, Mr. President.  This ordinance is the one that Pastor Blanj just spoke to earlier.  The individual that is wanting to buy this is Jack Gardner that owns Doc’s on the west side out there I’m sure most of us know him.  This was a project that was entered into many years ago with Saint Luke’s to put in a senior center out there.  At that time the city was Mr. Gardner gave the city 3 acres as part of this whole project when it was annexed and when the sewer went in out there.  That project fell through and the property has come back to Mr. Gardner.  I think he sold it to another developer now or maybe a farmer it might be farmer.  But this part here he wants to purchase back and donate it to the church out there is the way but right now he wants to purchase it first.  I personally talked to him and that’s what his plan is. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Manson?

COUNCILMAN MANSON moved to bring Ordinance No. 21 – 2014 forward for passage, seconded by Councilman Chovan.

ORDINANCE NO. 21 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  HALTER VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 21 has passed.

ORDINANCE NO. 22 - 2014                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1351 “OUTDOOR FURNITURE RESTRICTION” of the Codified Ordinances of the City of Massillon.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Stinson.

COUNCILMAN STINSON – Yes, thank you, Mr. President.  This legislation has been talked about over and over.  It’s been in the paper I think all the questions that have been asked have been answered and I want to move to pass this.

COUNCILMAN STINSON moved to bring Ordinance No. 22 – 2014 forward for passage, seconded by Councilwoman Halter.

ORDINANCE NO. 22 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 22 has passed.

ORDINANCE NO. 23 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Accepting the vacation of Saint Luke Street NW, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President.  This ordinance is as it says accepting the vacation of Saint Luke Street which is the street that goes through the property that was just sold and we will be of course voting on this tonight if there aren’t any questions.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilwoman Halter?

COUNCILWOMAN HALTER moved to bring Ordinance No. 23 – 2014 forward for passage, seconded by Councilwoman Starrett.

ORDINANCE NO. 23 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 23 has passed.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 29 - 2014                      BY:   FINANCE COMMITTEE

Amending Section 2(D) OCCUPATION LIST OF CLASS TITLED – MUNICIPAL COURT of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – MUNICIPAL COURT, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – MUNICIPAL COURT, in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.  

COUNCILMAN LEWIS – Second reading.

ORDINANCE NO. 29 – 2014 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 29 has received second reading.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT TOWNSEND – Is there any new or miscellaneous business?  Councilman Manson?

COUNCILMAN MANSON – I have a question.  Yes, I wanted to ask the administration or community development if there’s been any have there been any other proposals on that property down there around the golf course.

COUNCIL PRESIDENT TOWNSEND – Would you like to come up Mr. Herncane?

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Yes, Mr. President, members of council, Mr. Manson, could you restate what you said I’m sorry.

COUNCILMAN MANSON – Have there been other proposals made on the property that the people with the water park plan have been talking about?  Have there been any other proposals made to us?

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – No.

COUNCILMAN MANSON – Okay.

COUNCIL PRESIDENT TOWNSEND – Is that it?

COUNCILMAN MANSON – That’s it.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you.

COMMUNITY DEVELOPMENT DIRECTOR HERNCANE – Thanks.

COUNCIL PRESIDENT TOWNSEND – Is there any new or miscellaneous business?

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

COUNCIL PRESIDENT TOWNSEND – Okay, we have arrived at #17 this is where anyone who wish to speak on a topic which does not appear on the agenda please approach the microphone give your name and address and the topic you wish to discuss. 

CINDY BALAS-BRATTON – I’m back.  Couple of things that are not on the agenda that caught my eye.   I wanted to ask the council when will the status of the Union Cemetery be confirmed as a historical site as what’s determined along with other city owned properties last year by council.  When will that be finalized?  I just have a a couple real quick little things right here I noticed that the former state hospital site cables are running into the building and I wanted to pay who’s paying for that electricity because it looks like its cables for TV and other electrical supplies.  I also noticed Nelson trucks at this location at least a fleet and it looks like the cable is running to the trucks or for the trucks to work and I don’t know if they’re doing tree work or taking down something but I don’t understand why there’s cables going into those buildings.  Inside the buildings also are pallets with fertilizer and turf treatments bags huge types of pictures of them they are throughout the whole building.  Is this what the city pays for at the beginning of each January?  Is this what’s left over and can we use it again?  I wish the city would sell the Legends golf course along with other land surrounding the same.  Our city is in deep trouble at this time.  We need to look at the big picture to get back to what a city actually provides for citizens all citizens residing within our city limits.  I live in a city to have street lighting, safe streets, police and fire protection without having to subsidize each basic need of a citizen.  I believe that Massillon has moved way off track and taking on functions not within the ability to manage them effectively.  I mean just look at the at the hotel situation and the other things.  We’re not equipped to do those things.  There’s only so many pieces of the pie and we need to get back to basics.  And I know that you have a lot of work ahead of you and I appreciate everything that you do. And I thank you for letting me even speak my mind as calmly as I can.  So thank you very much. 

NANCY GRESKO – 7474 Nave Rd SW right across the street from the entrance to the golf course.  We moved out there before anything was out in that area it was basically fields.  We were happy and we think the city has done quite well with the development of the golf course and the homes in there.  There are a lot of people that live in the golf course homes in the University homes that co-exist well with the schools, businesses out there and there’s sort of a nice divide of the industrial area, the residential area, the two schools that are out there.  There’s a lot of traffic on the roads now and I think that everyone co-exists very well, but I think when you’re looking at putting a recreation amusement facility in that area we’re not equipped for that.  Nave Rd is not equipped for it the expressways are not big enough, the on exist ramps, on ramps are not equipped to handle that kind of traffic and I think that when people built $100,000 to over $300,000 homes in that area they weren’t asking for something like this to go in their backyards.  I think I understand that the city needs money I understand that you have to use your land to the best that you can but there’s a lot of area around Massillon even over by Menards there’s plenty of area where its business zoned that we could put a facility like that.  People don’t want it in their backyards.  We aren’t equipped to have this in our backyards, the streets nothing is equipped for that.  I don’t think that it’s a fair place, I think that when you’re looking at your city you need to first of all provide for your residents and what they’ve bought into.  We’ve been happy to be residents around Massillon, Ohio and this isn’t what anyone bargained for when they built homes there. 

LOGAN PAGE – 2250 Cyprus Drive.  I would hope that as we go through this analysis of what needs to be done with the Legends that city council and the mayor would provide us with a profit and loss for the golf course that is simple and coherent as any profit and loss should be.  So that we can all really understand where we are on the golf course.  The fuzzy math that and I’m not blaming this group here but the fuzzy math that circulates in the community is not real helpful to coming up a with a good business decision for that property. 

ED GRIER – 227 Dwight Avenue SE, Massillon.  As we all know the city is in financial straits big time.  And it’s going to take a lot of hard work to get out of this situation.  But here’s a situation where possibly this could help everybody.  You know they’re talking about buying the golf course we’re over 5 million dollars worth of debt down there.  The golf course doesn’t bring in that kind of revenue.  The fourth ward I’ve lived in outside of the service and college lived in the fourth ward all my life.  We put up with the trains, used to go down and visit a friend of mine lived down on Wetmore was 25 feet away from a train the building, the house shook when the trains went by 2:00 – 4:00 in the morning it don’t matter.  The smell, the odor, you name it it was in the fourth ward.  We put up with it.  Now we’ve got a project that not only could enhance the city but its going to bring revenue into the city in terms of jobs, construction jobs, other jobs, minimum wage $7.25 an hour.  Who can live on that?  Nobody that I know of.  And here’s a situation a project that’s going to bring in jobs at $7.00 or $12.50 and up plus the construction jobs $20.00 or $25.00 an hour.  We’re talking about revenue that the city needs desperately.  It could be a win-win situation for everybody if we all work together.  Yeah there’s some questions that need to be answered and one of the questions I have does he have the financing?  First of all, for a we’re talking about $52,000,000.00 project.  You know that’s a lot of money.  And secondly is it going to be environmentally friendly.  You know so we don’t have to put up with a whole lot of pollution like we’re doing now in the fourth ward.  You know so I think this project needs to be looked at real closely because yeah there’s citizens all over the city that needs to have a voice too not just the fourth ward the other wards.  You know and I was hoping we’d had that that town hall meeting so everybody, everybody can have a chance to express their opinions.  You know but I think city council you know you have a big job here.  You’ve got to look at this project very closely.  The bottom line is what’s going to be in the best interest of the total city?  The total city you know and then if we can come up with a plan that’s going to work where we could get out of financial difficulties because if we don’t you know its going to be hard to get the citizens to pass additional tax.  We all know that.  You know.  So what can this plan do what can this project do to help us become a better city so that taxes are going to be paid by these jobs so that we can all survive and live comfortable.  So I think you need to look at this project very closely before you make a decision.  Thank you very much. 

CHIP BELANGA - I wasn’t here for this.  But I’ve been here six years and I have three kids.  Six years everybody hated the golf course it’s all I heard about how much the money the golf course lost and with being around the community I’ve heard that so many times.  You know and when this came out like two weeks ago, three weeks ago it was like oh now we love the golf course.  So its kind of confusing to someone whose been here six years but I also I know I drive to Kalahari, I drive people from the church with young families we go many places.  So when I found out about it I was excited as a young family in Massillon that we have something to do here.  So I know that no one wants in their backyard because they paid $300,000 but that doesn’t matter someone that paid $10,000 for their house it’s still important.  So I don’t think that should be brought up because of the area it is in the city.  But I do think council really needs to think about it because all I hear about is how precious the golf course is now.  Well it wasn’t precious five years ago when I moved here.  But all of a sudden now it is.  And I do hear about the city streets and the same people that are here fighting against this want you guys to fix the roads and you want to do this and you want to charge me for the garbage and the lighting but there’s no way to bring money in.  We don’t want to pay taxes so we have to make some decisions here and I think you guys I give you I bless through your challenge you have going right now but I think we do need to keep an open mind.  And look at some of the families that aren’t included here because there are a lot of young families that I do talk to that are very excited about a  possibly of a closer water park that get a discount for Stark County I heard.  Right, so I mean that makes me happy you know well that’s what I feel so from a young family here new in the area I am in favor of something like that.  So…

COUNCIL PRESIDENT TOWNSEND – Is there anyone else just come to the microphone sir.

PAUL BERDEL – 2150 Carlyle.  I’ve live in well I was raised in Canton basically and I adore Massillon immensely, okay.  What I want to just mention is that we had a chance to have a casino in here and you know what we pushed it away and people are being bussed their money other places and spending their money.  It could have been spent here.  Okay.  We had a chance to have the Football Hall of Fame I don’t know how many people remember that.  Mayor Demmer was in at the time.  Okay, we didn’t want it.  Look what it did to Canton.  Okay.  I can I can sympathize with the people that live out there because if I was out there I would probably feel like you too which I have six properties in Massillon through out and one over at that area too.  Okay, but I really believe this isn’t about thinking about us what we need to do is think about our kids and our grandkids.  Do we want them to work at McDonald’s?  Because that’s what it’s about.  You get something like this hotels, the revenue that comes in it would make Massillon climb probably up above even Canton.  I think its something to think about.  I know there’s a lot of people that probably don’t like my suggestion.  Oh well you know that’s the way I feel.  I’d like to have some place where I know my granddaughter can feed her kids someday.  That’s it.  Thank you.

MARGIE BURNELL  - I live at 2380 Augusta Drive.  I am very, very disappointed in the way this project has been handled.  I mean one day nothing is happening and the next day we’re building this project on our property.  And nobody seems to know anything about it.  I just feel like the whole thing was very underhanded.  I am not against the project I feel like there’s plenty of places in the Massillon area that this could be put.  It does not have to be put on this golf course.  And you might say “well it doesn’t matter if your house is worth $300,000 or if your house is worth $10,000 you know we have to look the good of the city but lets face it we’ve all of us have put a lot of effort and money and in our residential area and we do not want that to be disrupted.  And there’s no guarantees that this is going to work out well that it’s going to continue I mean if there were guarantees that would be great.  There isn’t.  I’m so happy that our councilman suggested that we get other proposals see what this property is worth and have other suggestions.  I don’t feel that we should get a proposal from this company and say okay that’s great we get money we’re going to do it.  I think we need to have a lot of thought and effort in this rather than all of a sudden we’re going to do this great, wonderful thing and everybody’s going to be happy.  I don’t think its going to be that kind of a project.  So I’m just hoping that everyone thinks about what’s happening make sure that these decisions that they make are the decisions that should be made.  Thank you.

ANN RICHARDS – 1925 Augusta Drive.  I sent all you guys an email so you probably know what I’m going to say.  But at the end of the day I know the city’s in trouble and we’ve got to do something to get them out of trouble.  And I think if there’s a viable something for the golf course you’ve got to look at it.  I get it.  But you know my kids I got three kids a 14 and under and they’re thrilled about this thing too.  But that’s why the kids aren’t running the show.  Alright, because they see they see they see water slides, they see water slides my kids are like “hey, mom we can walk there” yep you can, you can walk there but who’s going to pay for the upgrade on the streets, who’s going to pay for the upgrade in the water and  the sewer.  That’s all infrastructure.  That’s all infrastructure and this city has made you know deals with the Hampton, quite frankly adding the nine holes to the golf course, the arena project that I think we lost like 2 million dollars on.  We keep getting into these get rich schemes and there’s a whole lot of other things that we’ve got to take into consideration before we just jump into it.  Just because it sounds good and it sounds fun.  Thank you.

LAURIE OMNIA – I live in University Village and we’re concerned about our property values going down and I can tell you its already happening already because my sister is a realtor for Cutler and I talked to her yesterday and she said that she was taking her clients wanted to take them to the Legends and they refused because of the water park.  So don’t say that our property values won’t go down because it’s already coming true.  I mean before anything even happens we put a lot of money into our house as everybody else in that area.  And to do this when we moved there for that reason because of the golf course, because it was quiet and then you try to push this little scheme in it’s just not right. 

COUNCIL PRESIDENT TOWNSEND – Thank you.  Okay, is there anyone else going twice, three times.  Okay, that concludes tonight’s council meeting.  Councilwoman Scassa I need a motion to adjourn.

18.  ADJOURNMENT

COUNCILWOMAN SCASSA  – I move that we adjourn, seconded by Councilman Stinson

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MARY BETH BAILEY, CLERK,

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TONY M. TOWNSEND, PRESIDENT

 

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