MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, APRIL 21, 2014 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, April 21, 2014.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Service Director Al Hennon, Parks & Recreation Director Doug Nist, Community Development Director Ted, Herncane, Engineer Keith Dylewski, Building Code Superintendent Bill Kraft, 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 like I as I stated 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 them 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, Megan Starrett and Shaddrick Stinson.

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT TOWNSEND Councilman Manson, I will need a motion to excuse Councilwoman Scassa.

COUNCILMAN MANSON – I make a motion that we excuse Councilwoman Scassa, seconded by Councilwoman Cunningham-Hedderly.

Roll call vote of 8 yes to excuse Councilwoman Scassa from tonight’s council meeting.

2. INVOCATION

COUNCILWOMAN STARRETT B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN STARRETT – Chairperson of the Environmental 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?  (No, they are not)  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

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 44 - 2014                      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 RCRD Condominium Residential.                                                                              

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Thank you, Mr. President.  This is the Cherry Springs Condominium development and we’re looking at rezoning some parcels adjacent to it.  Because the rezoning will have to have a public hearing that’s scheduled for May 19th at 7:00pm.  First reading.   

ORDINANCE NO. 44 – 2014 WAS GIVEN FIRST READING.               

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 44 has received first reading.

ORDINANCE NO. 45 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from R-1 Single Family Residential to RM-1 Multiple Family Residential. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Same as the last one it’s the same area just a different parcel.  We will be having a public hearing at 7:15pm on May 19th for this one.  First reading.

ORDINANCE NO. 45 – 2014 WAS GIVEN FIRST READING.  

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 45 – 2014 has received first reading.

ORDINANCE NO. 46 - 2014                      BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Anaerobic Digester Cleaning at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President. At this time I would just ask that we give this first reading.  

ORDINANCE NO 46 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 46 – 2014 has received first reading.

ORDINANCE NO. 47 - 2014                      BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Process Waste Removal at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President, also first reading.

ORDINANCE NO. 47 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 47 – 2014 has received first reading.

ORDINANCE NO. 48 - 2014                      BY:   PUBLIC UTILITIES COMMITTEE

Establishing a street lighting district encompassing the entire City of Massillon, Ohio.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, this ordinance is as Mary Beth just read is street lighting district encompassing the entire City of Massillon and I would like to give this first reading.

ORDINANCE NO. 48 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you, Ordinance No. 48 – 2014 has received first reading.

ORDINANCE NO. 49 - 2014                      BY:   PUBLIC UTILITIES COMMITTEE

To assess a street lighting fee.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, I need to make an amendment on this issue ordinance.  And if you’ll get out your ordinance No. 49 council; under on your second page just above section 2 the last sentence in section 1 it should read: that each property in the City of Massillon will be charged a street lighting fee in the amount of $25.00 per year for property commencing April 1, 2014 not per month as it’s stated there.  Also section 3 will be amended to read: 10% of collected street light fees shall go to infrastructure improvements of street lighting.  And then the next sections which 3 will be 4 the next one will be 5 down through 8.  That’s the amendments.  Then this will be first reading.

COUNCILWOMAN CUNNINGHAM-HEDDERLY moved to amend Ordinance No. 49 – 2014, seconded by Councilman Lewis.

Roll call vote of 8 yes to amend Ordinance No. 49 – 2014.

ORDINANCE NO. 49 – 2014 HAS BEEN AMENDED.

COUNCILMAN LEWIS – Mr. President?  (Yes)  For the record we do have a written description of that amendment Councilwoman Cunningham-Hedderly does have that we can get that to Mary Beth to make sure we have accuracy. 

COUNCIL PRESIDENT TOWNSEND – Okay, alright, make sure she gets it.  I was going to call roll call but I keep notes to myself and I had to write my notes so I can stay on top of you guys. 

ORDINANCE NO. 49 – 2014 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Okay, Ordinance No. 49 has received first reading.
 
ORDINANCE NO. 50 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for various items needed for the use in various departments of the City, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, this is an ordinance that we do I’m pretty sure we do it almost annually.  It’s pretty common thing we need to get this handled tonight so that we can get the advertising out to receive the bids.  So I will be asking for passage; if there’s any questions.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN –Thank you, just refresh my memory what are these items is this for like street repair and things, sand, gravel and type of thing.  What all is this?

COUNCILWOMAN HALTER – Mr. Hennon, did you want to answer that? 

SAFETY SERVICE DIRECTOR HENNON – Mrs. Halter, Mr. Chovan, members of council, yes, you’re right its gravel, mulch, things for park and rec., things to repair street, so you’re right on the money, Mr. Chovan. 

COUNCILMAN CHOVAN –Okay, thank you.

SAFETY SERVICE DIRECTOR HENNON – Okay, thank you.

COUNCILWOMAN HALTER – Thank you, Mr. Hennon.

COUNCIL PRESIDENT TOWNSEND – Is there any further questions for Councilwoman Halter?  Okay, let’s officially make your motion.

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilman Manson.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 50 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 50 has passed.

ORDINANCE NO. 51 - 2014                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract, upon award and approval of the Board of Control, with the lowest and best bidder for the purchase of fuel for the city vehicles at an off-site location, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – Thank you, Mr. President, again this is another ordinance that we need to work on to get the advertising out.  So again I will be asking to pass this tonight.  Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilwoman Halter or Mr. Hennon?  See none.

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilman Manson.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 51 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 51 has passed.

ORDINANCE NO. 52 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund, Bond Retirement WWT Fund and the Income Tax Capital Improvement Fund, for the year ending December 31, 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, there are three pertinent sections that I want to point out this evening.  The first section being the $65,000 at the Wastewater Treatment Capital Improvement Fund; this is for the purchase of they call it a Telehandler by Caterpillar.  It replaces a tow motor and a skid steer.  So we’re replacing two pieces of worn down equipment that can no longer be used by the purchase of this one piece.  The $8,000 that’s included this also at the wastewater is to pay the Stark County real estate delinquent sewer collection fees.  Whenever a sewer bill goes to Stark County to be collected they do have a fee and that is to cover those fees.  Then section 3 there’s the $7,159 to go for the auditor’s capital improvements and that is to pay for the software for their computers so they can be up to date and operating.  With all that said unless there are any questions I would like us to move forward tonight and vote.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Lewis?  See none.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 52 – 2014 WAS PASSED BY ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 52 has passed.

ORDINANCE NO. 53 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 1234 Fund, for the year ending December 31, 2014, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this particular legislation is to upgrade certain equipment with the parks and recreation $275,000 if there are any questions Mr. Nist is here but the board of parks and recreation did pass this 4-0. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Mr. Nist?  There are none.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 53 – 2014 WAS PASSED BY ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 53 has passed.

ORDINANCE NO. 54 - 2014                      BY:   FINANCE COMMITTEE

Making certain transfers in the 2014 appropriations from within the 2102 Solid Waste Fund, for the year ending December 31, 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This language this legislation is cleaning up an account that had a remainder from when we had the solid waste department.  There is a $29,774.35 remaining in that account and this is simply taking it out and putting it towards our general fund.  Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Any questions for Councilman Lewis?

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 54 – 2014 WAS PASSED BY ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 54 has passed.

ORDINANCE NO. 55 - 2014                      BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety to accept the FY 2011 Law Enforcement State Homeland Security Program Grant from the Ohio Department of Homeland Security for the Massillon Police Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This piece of legislation is for us to accept the gift or the granting by the Ohio Department of Homeland Security of the funds to provide essentially a fingerprint machine and support of equipment I guess would probably be the easiest way to put that.  There is no match involved and all this will be completely covered by this grant; we just simply have to vote to accept it.  The chief is here if there are any questions. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions for the chief?  There are no questions.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 55 – 2014 WAS PASSED BY ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 55 has passed.

ORDINANCE NO. 56 - 2014                      BY:   FINANCE COMMITTEE

Amending CHAPTER 181 “INCOME TAX” of the Codified Ordinances of the City of Massillon and enacting new Section 181.03 LEVY OF ADDITIONAL TAX to reflect the increase in the municipal income tax rate from one and eight-tenths percent (1.8%) to 1.95% percent to be effective January 1, 2015 subject to the approval of the electors of the City of Massillon at the General Election to be held on November 4, 2014.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Okay, I apologize now but the next couple of pieces of legislation will have amendments I believe I’ve tried to communicate my wishes with Mary Beth so helpfully she can track as we go.  In the beginning of this particular piece of legislation you’ll look in the title where it says: 1.9% that will be written out with 2 the word two percent and then in parenthesis it will have (2.0).  If you go down into section 1 directly below the title where its says: 181.031 levy of additional tax there is a line that is open a blank that will say at the additional rate of two-tenths again written out of one percent and then in the parenthesis it will say .2.  If you go to page 2 where it has the sample ballot it’s the same as the title the blank will say 2 two and in the parenthesis it will say 2.0. 

COUNCILMAN LEWIS moved to amend Ordinance No. 56 – 2014 to the specifications that was just stated, seconded by Councilwoman Del Rio-Keller.

Roll call vote of 8 yes to amend Ordinance No. 56 – 2014

ORDINANCE NO. 56 – 2014 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 56 – 2014 goes to first reading.

COUNCILMAN LEWIS – First reading.

ORDINANCE NO. 56 – 2014 WAS GIVEN FIRST READING.  

COUNCIL PRESIDENT TOWNSEND – Okay, Ordinance No. 56 has received first reading.

ORDINANCE NO. 57 - 2014                      BY:   FINANCE COMMITTEE

Amending Section 181.15 “CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY” of CHAPTER 181 “INCOME TAX” of the Codified Ordinances of the City of Massillon by enacting a new Section 181.15 “CREDIT FOR TAX PAID TO ANOTHER MUNICIPALITY’ of said CHAPTER 181 “INCOME TAX”.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Again this piece of legislation I guess I should predicate this that the last piece was also part of the plan this piece is also part of the plan.  Then when I say the plan the fiscal emergency plan.  This particular piece is going to also be amended in section 2 under the title credit paid to another municipality subsection (a) fourth line from the top its says equal to twenty-five percent that should read equal to seventy-five percent.  On page 2 which would be subsection (b) in the third sentence from the bottom it says fifty percent and that should say seventy-five percent as well.  In addition we would be adding a section 3 that reads as follows: This credit shall automatically expire the effective date the city income tax is increased above the current 1.8%.  Again…

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Mr. Lewis, excuse me, that section (b) on the second line that should also read seventy-five should it not?  There’s two spots there. 

COUNCILMAN LEWIS – Correct second from the top there’s the twenty-five again that should also say seventy-five percent.  Then I read section 3 would anyone like me to read that section again? 

COUNCIL PRESIDENT TOWNSEND – Go ahead.

COUNCILMAN LEWIS – Section 3 would read this credit shall automatically expire the effective date the city income tax is increased above the current 1.8%.  Then section 3 the current section 3 would become section 4.  Mary Beth has a copy of this language.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Okay and we’re not talking about the day it would be voted on and passed it’s the date it takes effect. 

COUNCILMAN LEWIS – Correct.

COUNCILMAN MANSON – Okay.

COUNCILMAN LEWIS – Are there any questions about those amendments?

COUNCIL PRESIDENT TOWNSEND – There are no questions make your motion.

COUNCILMAN LEWIS moved to amend Ordinance No. 57 – 2014 in accordance with the description just given, seconded by Councilwoman Del Rio-Keller.

Roll call vote of 8 yes to amend Ordinance No. 57 – 2014

ORDINANCE NO. 57 – 2014 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 57 remains at first reading.

COUNCILMAN LEWIS – First reading.

ORDINANCE NO. 57 – 2014 WAS GIVEN FIRST READING. 

ORDINANCE NO. 58 - 2014                      BY:   COMMITTEE OF THE WHOLE

Massillon City Council Financial Recovery Plan. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President, most of the details of this we’ve been talking about for quite a period of time.  The only change here from what we passed in the past was we tied the tax credit to the income tax; we dropped that the income tax credit will be a separate ordinance on its own.  And when you go to part 1(a) of the mayor’s last summary recovery plan that was 1.9% at that time we’re going to raise it two-tenths of a percent .2 to 2%.  This will be the ordinance that’s being presented to the financial you know the fiscal commission.  The mayor has already said she would go along with it so I would assume that they’ll be passed later this week.  But are there any questions before we act on this? 

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan.

COUNCILMAN CHOVAN – Am I misreading something here in section 1(a)?

COUNCILMAN LEWIS – We need to make some amendments.

COUNCILMAN CHOVAN – Yeah, yeah, we need to amend this right? 

COUNCILMAN MANSON – Yes.

COUNCILMAN LEWIS – We need to amend that and we need to amend section 3. 

COUNCILMAN MANSON – That will be two-tenths.

COUNCILMAN CHOVAN – Right.

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

COUNCILMAN MANSON – Alright, which other one do we need to amend?

COUNCILMAN LEWIS – We need to read section 3 for the record, the new section 3.

COUNCILMAN MANSON – Okay just read it for the record.

COUNCILMAN LEWIS – Then it will be part of the amendment as well. 

COUNCILMAN MANSON – Okay, the first part (a) we go from one-tenth to two-tenths percent and then when we get to section 3 amended section 181.15 credit for tax paid to another municipality by reducing 100% tax credit to 75% tax credit July 1st 2014 that will remain in effect until implementation passage of the income tax levy to 2% by the voters of the City of Massillon. 

COUNCILMAN MANSON moved to amend Ordinance No. 58 – 2014 to reflect those numbers, seconded by Councilman Lewis.

Roll call vote of 8 yes for the amendment to Ordinance No. 58 – 2014.

ORDINANCE NO. 58 – 2014 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

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

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 58 – 2014 WAS PASSED BY ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 58 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM MASSILLON DRIVE THRU LLC DBA MASSILLON BREW THRU 604 LINCOLN WAY W & DRIVE THRU MASSILLON OHIO 44647 TO J LALLY INC DBA MASSILLON DRIVE THRU 604 LINCOLN WAY W & DRIVE THRU MASSILLON OHIO 44647

COUNCIL PRESIDENT TOWNSEND – Thank you and did that council person receive a copy?  (Yes)  For the ward thank you.

9.  BILLS, ACCOUNTS AND CLAIMS

A.  NORLSON – 68.50

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis, I need a motion to pay the bills.

COUNCILMAN LEWIS – I make a motion that we pay the bills. Seconded by Councilwoman Del Rio-Keller.

Roll call vote of 8 yes to pay the bill.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, the clerk will pay the bills and charge them to the proper account.

10.  REPORTS FROM CITY OFFICIALS

A.  MAYOR SUBMITS MONTHLY REPORT FOR FEBRUARY AND MARCH 2014
B.  TREASURER SUBMITS MONTHLY REPORT FOR MARCH 2014

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, those reports will be filed in the appropriate place.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Do we have any reports of committees? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

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

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 29 - 2014                      BY:   FINANCE COMMITTEE

Amending Section 2(D) OCCUPATION LIST OF CLASS TITILES – 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 – Thank you, Madame Clerk, Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is essentially taking two of the court employees and moving them from their current classification and moving them up one classification.  There would be an increase of salary to these employees but that increase would be paid through special dollars or grant dollars that the court receives outside of the general fund.  So in net there is not a direct affect to the general fund through this increase.  Talked to Judge Elum a couple of times on this particular matter and he stated that these positions that are handling certain tasks could normally be handled by an additional bailiff or an additional employee but that would cost the courts an additional $60,000 - $70,000 a year which would then hit the general fund.  This is a way to compensate other employees to do that same task and not hit the general fund.  Are there any questions related to this ordinance?

COUNCILMAN LEWIS moved to bring Ordinance No. 29 – 2014 forward for a vote, seconded by Councilwoman Del Rio-Keller.

ORDINANCE NO. 29 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO.  MANSON VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 29 has passed.

15. SECOND READING ORDINANCES AND RESOLUTIONS

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 – Second reading.

ORDINANCE NO. 33 – 2014 WAS GIVEN SECOND READING.

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

ORDINANCE NO. 34 – 2014 WAS GIVEN SECOND READING.

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

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 – Second reading.   

ORDINANCE NO. 36 – 2014 WAS GIVEN SECOND READING.

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

ORDINANCE NO. 38 – 2014                     BY:  COMMUNITY DEVELOPMENT COMMITTEE

Expanding the boundaries of the Massillon Historic District.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson. 

COUNCILMAN MANSON – Yes, thank you, Mr. President, we’ve had some discussions with Jeff Day the chairman of this committee and also Mr. Herncane the director of community development and the law director sent us a letter I believe pertaining to this particular ordinance.  I intend to give this second reading tonight.  Community development wants to schedule a public meeting for May 5th that’s Monday night I assume I don’t have a calendar in front of me let me look at my calendar here so I’m sure myself what’s going on here.  Okay, May 5th at what time was that or did we say?  6:30, 6:30pm, May 5th.  Okay, second reading.

ORDINANCE NO. 38 – 2014 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Alright, thank you, Ordinance No. 38 has received second reading.

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 – Yes, first off Mary Beth is section 2 the parking enforcement fund section?  (Yes)  Okay, that particular section is unrelated to the rest of this piece of legislation which I intend to give second reading to but I’d like to pull that out and have it voted on.  So with that said I make I would make a motion of division of the question for Ordinance No. 42 – 2014 which would pull section 2 out of the ordinance leaving all other sections in place. 

COUNCIL PRESIDENT TOWNSEND – Okay and second by Councilwoman Del Rio-Keller.  Roll call to amend Ordinance No. 42.

COUNCILMAN LEWIS – Or divide the question.  Point of order it’s technically a divide of the question a division of the question.  I don’t know if it qualifies as an amendment or not.  Just want to make sure we’re accurate.

COUNCIL PRESIDENT TOWNSEND – I don’t know.

COUNCILMAN LEWIS – Mr. Law Director, does it matter which way we say it for the point of the vote?

LAW DIRECTOR STERGIOS – It doesn’t matter but it’s dividing the question I think.

COUNCILMAN LEWIS – Dividing the question.

COUNCIL PRESIDENT TOWNSEND – So we have two ordinances? 

LAW DIRECTOR STERGIOS – You’re voting on each part separately, each section separately.  So you’re going to have to identify them when you just go by the dollar amounts I suppose.

COUNCILMAN LEWIS – Well, section 2 is its own section and then everything else.  So we would be voting on section 2 tonight leaving all other parts to be to the second reading.

COUNCIL PRESIDENT TOWNSEND – Can I get a copy I don’t have one up here? 

COUNCILMAN LEWIS – Mary Beth?

COUNCIL PRESIDENT TOWNSEND – Okay, we’re going to start with section 1 because if we go Ordinance No. 42 you stated there we’re breaking them into different…

COUNCILMAN LEWIS – Would that make sense law director?  I’m sorry I’ve never divided the question myself.

COUNCIL PRESIDENT TOWNSEND – Yeah, that’s happened once.

COUNCILMAN LEWIS – Would we vote each section by itself or could we simply pull out section 2 vote on it and then leave everything behind to get second reading?  Or do you want us to go section by section.

LAW DIRECTOR STERGIOS – What do you want to give second reading to? 

COUNCILMAN LEWIS – The only thing I want to do is have section 2 be pulled out so I can vote on it tonight. 

LAW DIRECTOR STERGIOS – So give second reading to section 1 and vote on section 2 we’ll have to keep track of it.  Divide the question. 

COUNCILMAN LEWIS – We have to this and the reason I’m being so particular is because the section 2 is to pay a worker’s comp claim and the other sections go in line with the community development of Modern Ritual and Pampered Nail Boutique.  Which both have received second reading in community development it doesn’t make sense for us to pass them before those are passed.  So we have to divide them out so that we can pay the workers comp claim.

COUNCIL PRESIDENT TOWNSEND – So what would be the ordinance number Mr. Stergios?

LAW DIRECTOR STERGIOS – I don’t know we’ve got to go through all this over $98.00 it seems like beating a dead horse.  That’s just liquidating an account that’s not paying the worker’s comp claim they’re taking that money and moving it somewhere.  Just leave it as is and give it second reading.

COUNCIL PRESIDENT TOWNSEND – If we did something incorrect we will hear about it.  So…

COUNCILMAN LEWIS – And I’ve already made a motion to divide the questions so…

COUNCIL PRESIDENT TOWNSEND – Okay, let’s make a motion to divide the questions, seconded by Councilwoman Del Rio-Keller.  Roll call to divide the question.

Roll call vote of 8 yes to divide the question to vote on section 2 of Ordinance No. 42 – 2014.

COUNCILMAN LEWIS moved for suspension of the rules and passage of section 2 of Ordinance No. 42 – 2014, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes on section 2.

SECTION 2 OF ORDINANCE NO. 42 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, section 2 of Ordinance No. 42 – 2014 has passed.

COUNCILMAN LEWIS – Now I give second reading to all remaining sections of Ordinance No. 42 – 2014.

SECTION 1 OF ORDINANCE NO. 42 – 2014 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Okay and the remaining sections of Ordinance No. 42 – 2014 has received second reading.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT TOWNSEND – Yes, Councilman Lewis?

COUNCILMAN LEWIS – I was waiting for new business.

COUNCIL PRESIDENT TOWNSEND – Okay, any new or miscellaneous business?  Councilman Lewis?

COUNCILMAN LEWIS – Just want to make a quick comment that after discussions tonight anyone that is interested in speaking out on the matters of the income tax levy for the ballot or the credit reduction I strongly encourage they show up at one of the next two meetings because it is quite possible that they will be coming forth for a vote at May 5th.

COUNCIL PRESIDENT TOWNSEND – Okay, thank you, thank you.  Is there anyone else?  Councilman Manson?

COUNCILMAN MANSON – Yes, Mr. President, I’d like to make a motion that we retire to executive session to discuss personnel. 

COUNCIL PRESIDENT TOWNSEND – Okay, we have a motion do I have a second?  Seconded by Councilman Chovan.  Roll call to go into executive session.

COUNCILMAN MANSON – And this will only be council and the president and the law director.

Roll call vote of 8 yes to go into executive session.

COUNCIL PRESIDENT TOWNSEND – Executive session has concluded.  I need a vote to leave executive session.   I need a motion.  Motion by Councilman Manson, seconded by Councilwoman Del Rio-Keller.  Roll call to exit executive session.

Roll call vote of 8 yes to reconvene the council meeting.

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

COUNCIL PRESIDENT TOWNSEND – Okay, is there any new or miscellaneous business?  Okay, there is none.  Okay, we have arrived at #17 this is the section of the agenda where the public can speak on any item that does not that did not appear on tonight’s agendas.  If you would like to speak on something please come to the microphone at this time and give your name and address for the record and the topic you wish to discuss. 

SAM DAUT – 835 Cherry Rd NW, I just like looking at the agenda tonight and I hope sometime in the near future that we take some of the suggestions the auditor’s made and make it an emergency and kind of get away from some of these taxes.  The other thing is what really should be embarrassing to the city is the fact that a total stranger came here from the state and found other avenues of saving money for the city.  We totally almost in disrespect we I think it was sort of like getting away from things like that that we’re paying people to suggest things.  But most of all it should be embarrassing cause of the fact that we have a full time auditor and an assistant auditor and a budget director could just of easily of made these suggestions and its beyond me why we had to pay somebody else to come up and tell us some of this stuff.  And that’s all I have to say I mean it’s just terrible that we go on we’re sort of like a runaway train here with no direction.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Okay, that’s it oh okay.

SUE JONES – I live at 2280 Cyprus Drive SE in the Legends.  I guess a lot of our question is if we’ve heard anything more on the water park, where it standings. 

COUNCILMAN MANSON – I think it’s probably the newspaper article was last Saturday I think…

SUE JONES – So I guess all the question would be if it’s not looking as its going anywhere are we going to do anything with the golf course?  Being that’s where the debt is showing are we going to put up for sale?  You know I guess that’s some of the questions we have. 

COUNCILMAN MANSON – Yes, we…

SUE JONES – Pardon me?

COUNCILMAN MANSON – We will be looking at some things.

SUE JONES – Okay.

COUNCILMAN MANSON – Doesn’t mean we’ll…

SUE JONES – Right, okay.

COUNCILMAN CHOVAN – Would you like to buy it?

SUE JONES – No thank you, my son would but not me. 

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  Going once, going twice, gone.  Well that concludes tonight’s meeting.  Councilwoman Starrett, I need a motion to adjourn.

18.  ADJOURNMENT

COUNCILWOMAN STARRETT – I move that we adjourn, seconded by Councilwoman Halter

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MARY BETH BAILEY, CLERK,

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TONY M. TOWNSEND, PRESIDENT

 

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