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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, April 21, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Law Director Perry Stergios, Community Development Director Aane Aaby and Engineer Keith Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCIL PRESIDENT GAMBER Mr. Mang, you have a motion? COUNCILMAN MANG Yes, I’d like to move that Councilman McCune be excused from tonight’s meeting, seconded by Councilwoman Catazaro-Perry. COUNCIL PRESIDENT GAMBER Mr. McCune did call the clerk. Roll call vote of 7 yes, 1 no to excuse Councilman McCune. Peters voted no. 2. INVOCATION COUNCILMAN SLAGLE – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN SLAGLE – Chairman of the Health, Welfare and Building Regulations 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 (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 the public forward to speak on a topic that appears on the agenda this evening. If anyone would like to do so please come forward to the microphone at this time. When everyone is finished making their comments we have County Commissioner Jane Vignos who would like to speak to us. NANCY HOFFNER - I live at 138 24th Street SE in Massillon. I’m here representing many of our neighbors in that area in regards to your Ordinance No. 56 in regards to rezoning from multiple family residential to general business. Many of us will be here at the next meeting but I am here to represent a lot of them and to ask council to please consider opposing that. We want to keep our neighborhood as a neighborhood and not as a business. We are very afraid that within two, three years we’re going to have an empty building and a lot of trouble in the neighborhood. I appreciate you listening to me. You have a good evening. COUNCIL PRESIDENT GAMBER If there’s no one else who’d like to speak I would like to recognize County Commissioner Jane Vignos. We invite you forward. COMMISSIONER JANE VIGNOS – Okay, can you hear me from here? Alright, I think that I’m here tonight to talk about central dispatch. I think it’s an issue its time has come; I think the climate is right for it. I think many of you have some information already about it. But I’m going to fill you with a little bit of the background and history and then I would like to introduce Mr. Randy Gonzales who has been instrumental and working with the search committee for our consultant and doing the RFP and will hopefully answer some of your technical questions. As you know in about 2006 a lot of emphasis was put on our ability to answer calls if you recognize the fact that 9-1-1 is a call center. We have 10 dispatch centers within this county. When 9-1-1 gets a call it is transferred to a dispatch center and then onto the proper authority medical, fire or police. The county’s 9-1-1 system is working as it was designed but as designed was basically as I said an answering center. Central dispatch is always been the accepted better protocol and with new attention to the matter then city administrator for the City of Canton Joe Concata approached SCOG which is your Stark Council of Governments and I’m the chairman of SCOG. That’s how I got involved in this and SCOG’s board suggested that a new study on central dispatch was in order. Randy Gonzales former chair of SCOG and longtime advocate of central dispatch was enlisted to write an RFP for a consultant to study Stark County’s current practice and to make recommendations. SCOG approved the RFP and subsequently chose GeoComm as the consultant. In September of 2007 SCOG voted unanimously to fund the study at a cost of $82,869.00 and the work began in October of 2007. You all are members of SCOG, all the townships, the cities, the villages are all altogether in SCOG. So we found that to be a good agency to be the lead agency on this study. Over the 20 years that central dispatch has been discussed many changes have occurred in dispatching new equipment, new centers and all entered into the equation. So a new complete analysis of our needs was in order. Upon completion of the study by GeoComm a meeting to review the findings was held in January of 2008. Across representation of the providers and search committee was in attendance. After this meeting some additions were made to the original study and subsequently a final report was issued in February of 2008. Various county entities then began to form resolutions in support of the study and a commitment to follow it. It is further decided to identify SCOG as the lead agency since all the county government was represented on their board. Further SCOG’s executive board recommended to their full board that SCOG be given that authority to form a governing committee to oversee the implementation of the study and report back to the SCOG executive board. Then on March 11th the full board of SCOG approved this concept unanimously and since that time we’ve heard from the following entities who have independently gone on record approving the concept and providing resolutions supporting SCOG’s involvement. Stark County provided such a resolution, Canton City, Perry Township, Jackson Township, Plain Township, Bethlehem Township, Lawrence Township, the Village of East Canton and I believe this evening you have such a resolution on your agenda as well. That’s why we’re here, we’re here to give you the background to tell you why we’re doing it this way and we’re here to answer questions. We’ve also received appointments to this 16 member governing board which we’re putting in place and I think at this point in time we have all but 2 or 3 positions filled. We all the major dispatch centers now in existence are included in that list of governing for it. The sheriff’s office and you know the sheriff by law would have the authority to run a central dispatch center and he has turned that authority over to SCOG with a letter to me as chairman of SCOG. The City of Canton has made an appointment, Stark County government has made an appointment, the township association met all the townships together and they made an appointment to that board. We still have to fill the one for one of the small cities or villages, but the police chief association and the fire chief association have each made an appointment and I believe now I think they will tomorrow. The fire chiefs, the police chiefs have, Canton Dispatch has an appointment, the sheriff’s dispatch has an appointment, Red Center has made an appointment of your safety service director Mike Loudiana, the 9-1-1 Center has made an appointment to that board and the CJIS system and SARTA and the administrator of SCOG is also on there Don Archer. At this point in time we have also done an additional addendum that was answering some of the questions that fire had. We met independently with the fire chiefs association, we’ve heard from various bodies, we’ve been to Alliance City Council, we’re here tonight, we’ve been to the township association I believe Randy and Tom Nesbit who’s the vice chair of SCOG, we’ll be going to Canal Fulton and here later in May we’re going to North Canton. Now after this governing board is fully appointment and convenes they’ll probably break up into committees and will develop the plan as it’s the template is set in the GeoComm study. They will take the opportunity to put together subcommittees and to determine where we should be located, how it should be funded and so forth. But I think this is an idea whose time has come and I hope it’s to have central Stark County dispatch operational within a couple of years. There’s been thoughts about this but I’m going to turn this over to Randy now who has more to tell you about the technical side of what we’re doing. Thank you and we’ll be glad to answer council’s questions. RANDY GONZALES – You know really I’m going to cut this kind of short because I do want to get to questions. But I’d like to tell you the one story that we did when we started this. I had the opportunity to take GeoComm around to every dispatch center in Stark County and we went and visited them. To watch the way this works and actually see the way it transpires was kind of scary. The 9-1-1 calls come into a very small room in the basement of the sheriff’s office. It’s a very tiny area, there’s like 4 – 5 people lined up there and they answer the call 9-1-1 and then they ask a question police or fire? So what happens is there’s some cell phone calls that they can not tell where they’re coming from some of the older technologies some of the analog phones that are out there. In this case they call those junk calls and those calls go to then automatically to the sheriff’s office. They dispatch into the sheriff I guess using this area as jurisdiction over the whole county. That sheriff dispatcher then tries to interpret who to dispatch, where the person is at. So they explained that to me and then we walked next door to the sheriff’s office and that dispatcher was sitting there and one of the junk calls came in. I could hear the person saying “I’m da-da-da this is where I’m at and the sheriff dispatcher decided that person was in Perry Township and dispatched that call to Perry. I was listening to the information and I was sure the call was a Jackson call. So what happened in that call you think about it, it was a 9-1-1 call it was transferred to the sheriff’s office, transferred to Perry and then transferred to the Red Center. I hope that was not a real emergency call but it’s just a horror story waiting to happen if we don’t fix this. I guess that we’ve done this a long time ago I’m going to put on my Jackson hat for a second. Jackson and Massillon, years ago started the Red Center and its been a huge success. You know your safety director has a been a huge proponent of this he has been involved heavily with me from the beginning of hiring the consultant and largely because we could see what happened when we did regionalize this in Western Stark County. We’re just taking this to a whole countywide level. So with that I can tell you the study is on the net if you want to get a copy of it I can give you an address so you can get that yourself and read it at home because you can see it’s rather lengthy. That address is www.starkcjis.org/911/911study.zip the commissioner mentioned that we’ll be breaking this up into group Wednesday is the last meeting with the people from GeoComm are coming in Wednesday. The original group that hired them will be meeting with them at Canton City Council Chambers. He’s going to come in we’ve been giving him all the information but he’ll be in to answer questions. A lot of the questions that come up were some people were thinking this thing was you know etched in stone. It’s not it’s a starting point and those committees that the commissioner talked about will be the ones that build it. It will be somebody that will be in there about buildings and grounds deciding do we need a new building, can we find a building, can we use the existing building. There will be a group that will look at funding as the commissioner said. Should this be a sales tax, should it be a property tax, should it be increase SCOG fees, there’s numerous ways of doing it and a blend of all of them. Then lastly and probably the most important one will be a user’s committee the fire chiefs, police chiefs, EMS people, dispatchers all working together to see how you put this thing together and make it work. Lastly I can tell you in my travels to all 10 of the dispatch agencies far it was way ahead of everybody was the City of Canton’s. Because the City of Canton’s has one thing that nobody has that 9-1-1 call goes directly to the dispatchers in the City of Canton. It’s the only place in all of Stark County that happens. If you’re in the City of Canton you dial 9-1-1 the call’s picked up and the same people are dispatching it. You can’t miss it I mean they do a fabulous job and it was incredible to watch the difference just because those 9-1-1 calls are directed there and not transferred from the sheriff’s office. With that I think we would like to take questions or comments. COUNCIL PRESIDENT GAMBER Alright, can I ask you to give that web address one more time? RANDY GONZALES – Yes, that address is www.starkcjis.org/911/911study.zip. COUNCIL PRESIDENT GAMBER Thank you. Are there any other questions for Mr. Gonzales? Ma’am, no. Do any of the councilmen have any sort of a question? Alright, Ma’am, I’ll permit you to approach the microphone and ask your question. Please identify yourself and give your address. SHANNON ROWLAND – From 2211 Cathy Drive NE. I’m a 9-1-1 dispatcher for the City of Canton. How many people are going to lose their job from this? RANDY GONZALES – You know, I really don’t believe there will be anybody that will lose their job. Most of them what it will do is create better jobs. I can’t say that for you but hopefully for the rest of Stark County. The reason I say that is the study and if you get a chance to look at calls out all of the dispatch centers and they went and looked at the pricing so they could see what everybody’s making. It looks at Canton City, Sheriff, Red Center, CenComm, Louisville all of those and what they did in order to get a study of what it was going to be the general cost you couldn’t start at the bottom or the middle they started right at the top. They said this is the top scale and this is what everybody would make. So everything was based off of Canton’s rates. So when I say yours wouldn’t be better it’s based on your rates I would say that the people at the Red Center some of them are far behind you. I mean actually the 9-1-1 operators make $6.00 an hour less it’s a lot less for them. So I would think through attrition some of when they start hiring they would hire from the dispatch agencies that are out there. I’m sure there’s some of them that just won’t want to go to the new center. But I don’t think there will be any job loses right up front. SHANNON ROWLAND – You say that we would probably we’re making the most right now? RANDY GONZALES – Yes, with everything they showed in the study hourly. SHANNON ROWLAND – Okay, it’s probably because we do the most. We do street, we do sewer, we do fire, we do medic, we do police and water. COUNCIL PRESIDENT GAMBER Okay, could you ask your question, please? SHANNON ROWLAND – I think that’s it. I just wanted to make sure. COUNCIL PRESIDENT GAMBER Alright, thank you very much. Alright, if there are no other questions this…Mr. Maier? COUNCILMAN MAIER – I just to clarify is there a timetable for us on this resolution for us if we do we need to pass this tonight or not? RANDY GONZALES – No I don’t its an emergency but as you heard most of the places have so far. COUNCILMAN MAIER – So pretty many of them are already in place though? RANDY GONZALES – Yes. COUNCILMAN MAIER – Okay. COUNCIL PRESIDENT GAMBER May I ask Mr. Maier is there any other information we would need before we would act on this? COUNCILMAN MAIER – Not that I know of but I guess what I would do when we come to Resolution No. 9 is ask if anyone would like to discuss it in executive session one more. If not then we’ll go ahead with it. COUNCIL PRESIDENT GAMBER Alright, I want to thank you both for being here. RANDY GONZALES – Thank you for letting us have the time. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Councilman Maier, you have a request? COUNCILMAN MAIER – Yes, could we move Resolution No. 9 up for consideration at this time being that we have people in here that were concerned about it? COUNCIL PRESIDENT GAMBER We have a request to consider Resolution No. 9 as the first time of business. Is there any objection to that? If not Madame Clerk would you please read the title to Resolution No. 9? RESOLUTION NO. 9 2008 BY: POLICE AND FIRE COMMITTEE Designating The Stark Council of Governments (SCOG) as the governing agency responsible for carrying out the recommendations of the “Regional 911, Dispatch, Radio Study and Recommendation” report. COUNCILMAN MAIER – As you know from our conversations last week at the work session along with the information I’ve been providing you on this subject. I’m asking that this resolution be passed in an effort to provide both homeowners and banks some relief from the current financial crisis in a number of foreclosures taking place in the area. If you looked in Sunday’s paper there’s pages upon pages of foreclosures. So I’m asking that we waive the rules for three readings and pass this as an emergency measure tonight. COUNCILMAN MCCUNE moved for suspension of the of the rules and passage, seconded by Councilwoman Catazaro-Perry. ORDINANCE NO. 64 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and, subject to the approval of the Council of the City of Massillon, and enter into contract with the highest bidder, for the sale of approximately 50 acres located at the Legends Golf Course, in the City of Massillon, Stark County, Ohio and owned by said City, which are not needed for any municipal purpose, and declaring an emergency. COUNCILMAN MANG Thank you, Mr. President. There was a fair amount of discussion at our work session. We had the members of the Park & Rec. Board here. A number of questions were asked by members of council and there’s also a committee being formed. Also look into various items revolving around the golf course. My questions I guess is to the body first of all you need to remember that we put this out for bid that we’re going to have to reimburse council’s fund neighborhood of about $2,400.00 - $2,800.00. So we’ll have to keep that in mind and thought when the voting takes place. My question I guess is if anyone feels that we would like to discuss this further in a work session or if you would prefer that we put it before the council tonight for a vote. COUNCILWOMAN CATAZARO-PERRY Mr. Mang, I just want to make sure that if we do receive bids are they coming back to council first before its approved. How is that process going to work? COUNCILMAN MANG As it states in the ordinance it says “authorizing the Director of Public Service and Safety of the City of Massillon, to advertise for and receive sealed bids and subject to the approval of Council of the City of Massillon”. So the way this piece of legislation is written bids will be accepted and the final approval of those bids will be by this body. COUNCILWOMAN CATAZARO-PERRY So are we going to be invited to the opening of the bids or will they come back to council to present? Do you know how that will…? COUNCILMAN MANG I’m sure the opening of the bids is basically one thing that will take place. I mean the opening of bids is a public thing anyone can go to that. But I would imagine at that point after they have been opened that the Mayor and his group would go through those bids and put them in form that we would all understand. Before I go any further I’m going to ask the Mayor to come up to the microphone so that I don’t say something that I’m not that familiar with. Mr. Mayor? MAYOR CICCHINELLI – Mr. Mang, you are correct. We will bring everything back to council for of course for review and then final approval. The advertising when we advertise if they pick up a packet for their sent a packet it will state in there that all proposals must be reviewed and approved by council. Just like we did the last time. COUNCIL PRESIDENT GAMBER Thank you. Are there any other comments or questions. Mr. Slagle? COUNCILMAN SLAGLE I don’t quite understand why we need to do this on an emergency basis at this time. It seems to me that with the later proposal the way we have it on here regarding the establishment as requested by the Parks and Recreation Department that the advisory committee be set up that perhaps after that time we have a better idea of what really needs to be done. If anything with the Legends number one and we already know that were not bids out there at the previous price and to spend the $2,400.00 whatever in advertising I think without knowing all the facts and the need for this I think it’s a little premature as I thought the last sale was premature. What I don’t, even if these are put out for sale it doesn’t appear to me that any sale would occur or could conclude till after the present golf season is concluded at any rate which wouldn’t be until October or November. So I just don’t understand the haste here and I don’t think we’ve gather enough facts on this and I would personally be opposed to making it an emergency situation at this time. COUNCILMAN MANG Well that was the part of my question that’s why I asked for questions because I knew the committee was being formed. I guess you can do it both ways you can wait for the committee and the committee comes back with one or two options. One of the options is to sell the property then I guess we go ahead with it or we can go ahead with it and if the committee comes back with the option of not to sell it why we already have our answer. We have at least we have both hands full we have a hand here that interested in selling and we have here that the committee says “no, we don’t think you should do it”. Whether that makes sense or not we’d have everything on the table at one time. Where if and in fact the committee comes back and says “yes, after studying this thing we feel that you should go ahead and put it out for bid”. Well, then you know we’re into whatever September. This would at least get it out for bid and either way the committee reacts to selling it or not to selling it or whatever council does at that part of the loophole is gone over. The only question with me is the $2,400.00, $2,800.00 to be honest with you. COUNCIL PRESIDENT GAMBER Mr. Slagle, are you finished? COUNCILMAN SLAGLE Yes, thank you. COUNCIL PRESIDENT GAMBER Mr. Peters, are you finished? COUNCILMAN PETERS I know you were at the same meeting I was at Monday and I thought that we were all clear on the fact that there’s you know it takes time to get these bids and advertising and so forth and we wanted to move on this as soon as possible to give us another option. No one said we had to sell, no one said we had to approve the sale its just like Mr. Mang said it gives us another full option until the committee or whoever comes up something better or a better option. I’ve seen some committees and you say September, October how about January, February or March. They don’t move that fast… COUNCIL PRESIDENT GAMBER This committee Mr. Peters I think goes till the end of July. COUNCILMAN PETERS Well, unless somebody comes up with a miracle from now till July I say we don’t waste anymore time we move forward on this and we put it up for a vote tonight. I think it is an emergency I mean its time we put another option in our hands and we have something to fall back on. No one says we have to do anything but its there for us to act on if something comes up. You never know what’s going to happen. But it just gives us the option. COUNCILMAN MAIER Yes, I also agree with Larry Slagle I don’t think it’s an emergency tonight I’d like to give it a little bit of room. But its up to you Mr. Mang. COUNCILMAN TOWNSEND I agree with Councilman Peters I think we need to act on it tonight. The committee is still forming the first meeting is scheduled for May 5th and who knows how long it will take for members of the committee to come to a conclusion or another option. I think we need to move forward time is of the essence in my opinion. As I stated the committee will be starting in two weeks they still have to come up with recommendations even at that point we still have the final vote. We may not agree on what they propose even at that time so I think this is the only option that I can think of at the moment. I think we should move forward. COUNCILMAN MANSON Section 4, part 3 says plainly “the city and/or council reserves the right to reject any and all bids”. I just feel like we should get it moving along with the committee at the same time and look at what options are available. If we get a bad deal, bad offer we can reject it we don’t have to accept it. So I would support moving it. COUNCILWOMAN CATAZARO-PERRY That’s makes me a little uncomfortable Paul, I’m so happy you pointed that out. It says “the city and/or council reserves the right to reject any and all bids”. That I think should say “the city and council reserves the right to reject any and all bids”. I think this is a team effort as I spoke at the work session that we are all in this, this is all of our problem and if city council supposed to finance or together with the rec. board and I think we should have a right to have a say as to if we accept or reject those bids. COUNCIL PRESIDENT GAMBER If I may answer that. Council always has the final authority on purchasing or selling land. The administration can recommend but council always has the option. COUNCILWOMAN CATAZARO-PERRY It doesn’t state that in that section 4, number 3; its says “and/or”. COUNCILMAN PETERS Can we bring up Mr. Stergios to clarify that just for the record? COUNCIL PRESIDENT GAMBER We can in just a moment. Let me ask first are there any other questions and other comments or discussion by council members? Alright, Mr. Stergios would you come forward please? LAW DIRECTOR STERGIOS – To answer your question I guess it’s a matter of what you like in verbiage. But on the first page in three places it says “subject to the approval of council” before you enter into contract. Section 4, I guess if you want to look it literally the administration can say “this bid’s so low we’re not even going to bring it to council to approve or reject”. I mean that’s the intent of section 4 it goes not give council I’m sorry it does not give the city the authority to enter into any sales without council’s approval. Another words, council has to approve it just like Mr. Gamber said. For clarification if you guys want to delete the “slash” and the “or” from section 4, number 3 that’s fine also. I think it’s a distinction without a difference really, but its okay from my standpoint. COUNCIL PRESIDENT GAMBER Alright, I think if the law director is satisfied with that should satisfy us. COUNCILWOMAN CATAZARO-PERRY I still prefer to slash out the “or” and just leave it as and. I’m very comfortable with that. LAW DIRECTOR STERGIOS – That’s fine. COUNCIL PRESIDENT GAMBER That’s a suggestion at this point. Is there any other question for Mr. Stergios. I thank you. LAW DIRECTOR STERGIOS – You’re welcome. COUNCIL PRESIDENT GAMBER Mr. Mang? COUNCILMAN MANG The question is to remove the “and/or” is that the… COUNCIL PRESIDENT GAMBER That was one of the comments made its up to you as chairman if you want to do that. COUNCILMAN MANG I don’t have a problem with the way the ordinance is written. For the sake of doing this the democratic way we’ll put it up for a vote and the easiest way to put it up for a vote is ask for suspension of rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. Roll call vote of 6 yes, 2 no for suspension. Catazaro-Perry and Slagle voted no. COUNCIL PRESIDENT GAMBER Alright, it does require seven to suspend and we have six. Alright, first reading. ORDINANCE NO. 64 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 65 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Repealing Ordinance No. 37 – 2008 and enacting a new ordinance indicating what services the City of Massillon, Ohio, will provide to the Poets Glen Area Annexation, upon annexation, and declaring an emergency. COUNCILMAN MANG Thank you, Mr. President. As the Stark County Commissioners had a meeting regarding the Poets Glen Area Annexation. The meeting ended with the fact that they’ve asked the city and the township to file briefs regarding this. It was brought to our attention at the work session that we feel that our brief should include the sections of the road that the city would be responsible for. We had already enacted an ordinance indicating what our services would be for Poets Glen. But there was an area that was left out and so Ordinance No. 65 brings those back in. If you look at section 2 and look at section 3 it is highlighted in section 2 indicates that Beaumont Avenue NW and Wooster Road NW along the frontage is subject area to be an exist shown a proposed annexation map. Also in section 3 the City of Massillon will also maintain the full width of pavement along the section of Bison Avenue, Beaumont Avenue and Wooster Road NW along the frontage area. These things had already been discussed and was part of the initial working but was not put into language and they felt that they wanted to make sure that no matter how this thing comes out at least if we had everything in our brief that indicates what the city’s intention would be. All that being said if there’s no questions I’ll be asking for suspension of the rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 65 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 66 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Accepting the replatting of Out Lot 874, located on the east side of Earl Road NW, north of Cherry Road NW and the dedication of existing Earl Road NW right-of-way areas, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency. COUNCILMAN PETERS Yes, we discussed this at the work session. This is a replat and dedication plat as is sometimes is the case in the older areas we have to change the center line of the road for the right-of-way. That’s basically what it is we’ve answered all the questions at the work session if there aren’t anymore questions I’m going to move for passage tonight. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 66 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 67 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Accepting the replatting of Lots 13450, 13451, and 16469; located on the east side of 29th Street NW, south of Gordon Avenue and west of Davis Circle and the right-of-way of existing 29th Street areas, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency. COUNCILMAN PETERS Yes, this is the same thing as Ordinance No. 66. We also discussed this at the work session. There were not any questions then if there are now I’ll answer them if not I’m going to move forward for passage tonight. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 67 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 68 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Solid Waste Capital Fund and the Street Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we discussed this at last week’s work session. The first one is $80,000.00 please appropriate $80,000.00 from the unappropriated balance of the solid waste capital fund into new equipment. The money is needed to cover the new garbage truck and packer for the solid waste department. We had six bids on that and we took the third from the bottom and have a letter here from the mechanic down there. This is part of the reason we did this and it was only a couple thousand more. They were all $119,000.00 to $124,000.00. As of the bid for a new packer for the waste department I would specify Young Trucks Sales and Parkmore Body for the bid. We have a fleet of freightliner trucks and Parkmore Body’s in our inventory. We would like to keep our fleet the same. Young Truck Sales is close for service, parts and warranty and we would like to have a local dealer for our fleet. Part 2, is $46,000.00 from the I guess it’s the people in the street department. We would like to appropriate $46,000.00 from the unappropriated account of 1201 and place these funds in an account entitled supplies to be used to purchase traffic paint for the streets. Any questions either one of those I’ll get them answered if not I intend to move to waive the rule. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 68 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM BETH A MOSBERGER DBA OBIES TAVERN AND GRILL 1ST LR & N/SIDE OF BASEMENT 1328 FIRST ST NE MASSILLON OHIO 44646 TO BETH A MOSBERGER DBA STUDIO CITY BILLIARDS 641 LINCOLN WAY MASSILLON OHIO 44646 COUNCIL PRESIDENT GAMBER Alright, Mr. Peters, that’s in your ward do you have a copy of that? COUNCILMAN PETERS Yes, sir. 9. BILLS, ACCOUNTS AND CLAIMS A. CANTON REPOSITORY - $1,078.04 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilwoman Catazaro-Perry. Roll call of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR MARCH 2008 COPY FILE COUNCIL PRESIDENT GAMBER Alright, the first six items we’ll please file the last item the proposed parks and recreation advisory committee I’d like to recognize the parks and rec. committee chairman Tony Townsend to discuss this item. COUNCILMAN TOWNSEND We are still developing the list members of council have submitted their recommendations and we’re currently waiting for parks and rec. to submit their recommendations. I should have a complete list by Monday at the next work session. COUNCIL PRESIDENT GAMBER Alright that would passage on May 5th. Are you suggesting we wait to pass it? COUNCILMAN TOWNSEND No. We’re still waiting for parks and rec. We don’t know who well we do have Moe Rickett on the list. But we’re still waiting for the couple other names for them to submit. COUNCIL PRESIDENT GAMBER Alright, so you’re what are we doing with this tonight? COUNCILMAN TOWNSEND I don’t know what do you do with reports? COUNCIL PRESIDENT GAMBER It must be first reading I guess. We won’t act on this tonight. LAW DIRECTOR STERGIOS – This isn’t really an ordinance. COUNCIL PRESIDENT GAMBER No it’s not an ordinance but he doesn’t any action on it tonight so. LAW DIRECTOR STERGIOS – if it’s not an ordinance we don’t give it first reading it’s just a suggestion I think. COUNCIL PRESIDENT GAMBER We do need to approve the committee (right) and we do not have the names of the committee therefore the chairman of the park and rec. does not want action on it tonight. (Okay) So whether we call it first reading or whatever we’re calling it we’re deferring action. LAW DIRECTOR STERGIOS – That makes better sense to me. COUNCIL PRESIDENT GAMBER Mr. Townsend? COUNCILMAN TOWNSEND I know it sounds good. COUNCIL PRESIDENT GAMBER We will act on this then hopefully on May 5th. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Council committees will meet Monday the 28th. Do I understand that the time is now changed to 5:30pm? Mr. Mang, is that correct? COUNCILMAN MANG That is correct and Mr. Mang will not be here. COUNCILMAN MAIER – We will have a safety meeting at 5:00pm council committee safety meeting at 5:00pm. COUNCIL PRESIDENT GAMBER Mr. Mang, if you would take care of designating someone to run the meeting in your place I’d appreciate that. COUNCILMAN MANG I’ll do that. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER Any committee reports? Mr. Manson? COUNCILMAN MANSON Yes, I said at the last committee session was my intention to have the auditor and mayor come in and talk about the city finances on either April 28th or it would be the first committee in May would be May 12th. It kind of depends on whether we have all the information coming in from income tax and stuff like that. I will see that we send a letter out informing you one way or the other. Whether we do it the 28th or the 12th. Yes? COUNCILWOMAN CATAZARO-PERRY I am not going to be here next week as a finance committee member if you could I’d prefer that you wait till the 12th of May. COUNCILMAN MANSON Okay, well, right now it maybe done that way no matter what. COUNCILWOMAN CATAZARO-PERRY Okay, great. Thanks. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING 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 We held a public hearing tonight and it was rather gratifying because we had either six or seven individuals come before this body that have received money in the past and are slated to receive money in this budget. But the fact that they took the time to come and they also explained how the money is being used and what they intend to use this money for. In itself was very gratifying. I don’t recall how many times that has happened in the past but it was certainly nice to have those people come before us. As we laid this piece of legislation out the intent was to give it a second reading tonight and we will go for the final reading on May 5th. I think that will keep us in having the three readings. So this will be the second reading. ORDINANCE NO. 55 – 2008 WAS GIVEN SECOND READING. COUNCIL PRESIDENT GAMBER Mr. Mang, do you anticipate any changes? COUNCILMAN MANG To date I have heard nothing. COUNCIL PRESIDENT GAMBER Alright, if anyone has any suggestions please get a hold of Mr. Mang before next Monday. 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 Yes, this is a rezoning we had the first reading last on April 7th. We’re talking about a parcel of land that’s located on the south side of Lincoln Way East between 24th Street and 25th Street SE. Public hearing is scheduled for May 5th at 6:30pm. Second reading. ORDINANCE NO. 56 – 2008 WAS GIVEN SECOND 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 There’s a public hearing scheduled for May 5th at 7:25pm. Public hearing is dealing with changing the designation of the land that was approved by the Planning Commission Prophecy Massillon Annex which is in Perry Township to I-1 Light Industrial. Second reading. ORDINANCE NO. 57 – 2008 WAS GIVEN SECOND READING. 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 Second reading. ORDINANCE NO. 59 – 2008 WAS GIVEN SECOND READING. 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 Second reading. ORDINANCE NO. 61 – 2008 WAS GIVEN SECOND READING. RESOLUTION NO. 8 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Adopting the City of Massillon Emergency Plan. COUNCILMAN SLAGLE This was a resolution that was brought forward last council meeting. We have since corrected the one vacancy which was for the city hall and council chambers to include Patricia Pantello from the auditor’s office and her two phone numbers. This had been discussed before this is a plan put together by the administration that combined portions of plans that had been in past use. It’s pretty non-controversial I think but with that one gap I would hope that we can waive the requirement for three separate readings and bring it forth tonight for as an emergency to pass it on the second readings. COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 8 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 16. NEW AND MISCELLANEOUS BUSINESS COUNCIL PRESIDENT GAMBER Mr. Peters? COUNCILMAN PETERS I’d just like to take everybody’s two minutes of everybody’s time. I have something that’s been bothering me for several weeks. For those of you who know me I kind of missed by calling I should have been a pro-hockey player somebody upset me I’d slam them against the wall. But since I’m not and I’ve been elected as a city councilman in this city. A few weeks ago I got into a verbal exchange with our Mayor. Although my views and I never lose sleep over decisions, I lose sleep over the way I treat people sometimes. I just want to publicly apologize to our Mayor I did not show him the respect that he deserves as being the Mayor of Massillon and elected by the people. I had no right to verbally abuse him and I would like to publicly apologize to him whether he accepts it or not that’s up to him. But I don’t and those of you who know me I’ve gone off on a lot of you, but I always apologize if I know I insulted you. My intent is not to insult anybody; my intent is to do the best job I can for the City of Massillon and its people. Sometimes in that thing I get caught up in some other things I probably shouldn’t. That’s all I have to say. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN SLAGLE – I move that we adjourn, seconded by all.
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