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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, May 1, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Safety Service Director Loudiana, Auditor Hamit, Community Development Director Aane Aaby, Law Director Stergios, and Police Chief Williams, 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: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MANSON led the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON Chairman of the Environmental Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (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 KEVIN MCDONALD – I live at Wright State Drive in University Village. Reason I’m up here is for Ordinance No. 69. I just wanted to thank the Mayor and the Engineering Department and the Planning Commission for this thing to be. It’s easy to thank when it was favorable for me, but it has turned out favorable for me and I enjoyed going through the process. Even though it meant some sleepless nights and I’d like you to approve the change. Thank you. STEVEN JANKINS – I serve as the present CEO of the Greater Stark County Urban League. I’m here actually on behalf of the Massillon office of the Greater Stark County Urban League. To thank you for your support and your past support of the Urban League here in this community. We are continuing to move forward as the Stark County Urban League and with the Massillon office we’ll continue to have a presence here in Massillon and deliver services. Thank you for your support and look forward to working with you in the future. COUNCILMAN MAIER .Yes, I’d like to make a motion we go into executive session on Ordinance No. 66. I’d like to have the Mayor, Safety Director, the Auditor and all council people and the Clerk come into executive session. Seconded by Councilman Mang. Roll call vote of 9 yes to go into executive session. COUNCIL PRESIDENT GAMBER Alright, I’d like to ask the council members to please move directly to the Conference Room. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER I would like to announce for the record we do have our new Engineer with us Keith Dwlewski and the Mayor will make an introduction later in the meeting. ORDINANCE NO. 64 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Members of council, we’ve discussed this before. This is the new plat up off of Cherry Road. This plat was approved by the Planning Commission at its April 12th meeting. The proposal would create 1 new lot and 2 out lots. The property will be zoned R-1 single family and the total acreage is 36.32. One thing about this development maybe it’s true of others, but all the streets to be constructed within the development will be private streets. So at this point there will be no city upkeep; that could change later. But at present that is the case COUNCILMAN MAIER .Yes, this is in my ward and this is pretty much what the residents agreed to. It was a rough draft early on and the residents had some meetings and I will be voting for this tonight. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 8 yes, 1 no. Peters voted no. ORDINANCE NO. 64 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. PETERS VOTED NO. ORDINANCE NO. 65 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG .Yes, this property was presently or was approved for the zoning by the Planning Commission early on. This piece of property was brought into the city for a period of time this gentleman had part of his property in the city and part of his property in Perry Township. But because it is a rezoning and the zoning actually is going to be R-1 single family. It will have to go three readings and have a public hearing. The public hearing will be held on June 5th at 7:00pm. ORDINANCE NO. 56 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 66 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, the fact finders report came back very similar to what the police contract is COUNCILMAN MAIER moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 66 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 67 2006 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE COUNCILMAN TOWNSEND Yes, this ordinance, Ordinance No. 67 deals with the change in classification within the police department. We discussed it a little bit last week at the work session with Mr. Loudiana. But we have the chief here I would like to ask the chief to come up and you know discuss a little bit with us. POLICE CHIEF WILLIAMS – Yes, certainly we have made a request for a change in classification from 9S to 12S for the Administrative Assistance in the Police Department which would be Penny Berg. She is an 11 year employee for the City of Massillon; her duties have increased I would say 5 fold from the time she started in our department. As well as the many changes that I bring aboard to the Police Department she is handling it very well as well as our Record Specialist who is currently a 6S. These are very tenure employees here in the City of Massillon who have earned this change in classification. Many years ago the chief prior to me stated that he would have recommended it as far back as 4, 5 years ago. But because of the financial condition of the city he delayed it. I would just tell you that these two ladies have earned this position and I feel that city council should definitely approve this change. COUNCILMAN MAIER Do you feel that this would be better for the efficient operation of the Police Department? POLICE CHIEF WILLIAMS – There is no question about it. As I stated these ladies I depend on them quite a bit; I have no problem in stating that. They handle every piece of paper that comes through the police department internally as well as externally with other agencies, other insurance companies, things of that nature. Obviously with the citizens of the Massillon, unfortunately because they have never received a classification change every time something else opens up in the city there’s a chance that I could lose these ladies. I don’t want to lose them, they have earned this classification. I would appreciate your support. COUNCILMAN TOWNSEND Last week at the work session I did pass out copies of the young ladies duties previous duties and we looked at that and we also saw the duties she has current. You’re right they have pretty much quadrupled. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 67 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 68 2006 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE COUNCILMAN TOWNSEND Yes, this is something else we discussed last week at the work session. Mr. Loudiana did share a little information with us. I would like for him to come up and share some more information with us. Mr. Loudiana, last week you did give us a little information about this position. I have a questions is this position filled currently or are you waiting to fill it? SAFETY SERVICE DIRECTOR LOUDIANA – Well, as most of you know Rosie DeLoretto retired. That was a full time job as benefits manager person whatever you want to call it. In our process of negotiating we were also working with Hometown. We found that we could possibly have them do quite a bit of the work which would let us cut this job down to 20 hours. Also have her serve as sort of a secretary to Civil Service and EEO on occasion. The primary duties will be benefits; so we like I said last week we will be getting the funds for this will come from the Auditor’s Office and because of Rosie’s leaving he agreed to put her on until we could get this job created. Then he will transfer the person and the funds over to us. COUNCILMAN TOWNSEND Okay, is this a full time or part time position? (Part time 20 hours a week) COUNCILMAN BRYAN Mr. Loudiana, what pay scale is going to come on when this is passed? SAFETY SERVICE DIRECTOR LOUDIANA – She will be $13.00. COUNCILMAN BRYAN $13.00 an hour. She currently… SAFETY SERVICE DIRECTOR LOUDIANA – She’s currently employed by the Park & Rec. Department. So we won’t be paying any hospitalization we’re paying PERS. COUNCILMAN BRYAN She’s full time with the Park Department. SAFETY SERVICE DIRECTOR LOUDIANA – Right, but her hours are such that she can do this job also. She requested the job and we interviewed and talked to quite a few people. She seemed to be the best candidate for the job. COUNCILMAN BRYAN She has knowledge in this area? SAFETY SERVICE DIRECTOR LOUDIANA – She’s got some knowledge, she graduated from college with a degree in recreation and business. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 68 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 69 2006 BY: STREETS. HIGHWAYS, TRAFFIC AND SAFETY COUNCILMAN PETERS Yes, we discussed this at the work session last Monday. There was never a turn around put in on this street. That’s all they’re asking to do now is put a turn around at the end of the street. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 69 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 70 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY That is just what it says. They are going to advertise and receive sealed bids for the lowest and best bidder for the fuel for this city. The contract is up and we just need to approve this, this evening. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 70 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 10 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY We have several sections on Ordinance No. 71. Section 1 is $4,974.22 this is coming from the General Fund for contracts. We did receive $2,500.00 from an insurance company that was to pay for the elevator that was damaged. However, we’ll have to pay the rest of that so that is section 1. Section 2 is $4,000.00 from the bond for the Wastewater Treatment Fund and Bill if I state this correctly these are just tax collections for the county for them doing the billing is that correct? (Administrative fees) Administrative fees from the county for these separate funds $4,000.00 from Wastewater Treatment, $3,000.00 from the TIF, $3,000.00 for the TIF service payment, $2,000.00 from the Community Development Fund and $1,000.00 from the Wastewater Treatment Capital Improvement Fund. Is there any questions Mr. Hamit is here to answer them? Really this is just our payment for administrative fees. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 71 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 11 2006 BY: COMMITTEE OF THE WHOLE COUNCILMAN BRYAN .Apparently, this is a resolution commending our intern. Do we have an intern? COUNCIL PRESIDENT GAMBER Will our intern please stand? COUNCILMAN BRYAN .Oh, we do have an intern. All kidding aside Marcus Simpson has done a wonderful job. He’s gone above and beyond the call of duty; attending all the neighborhood meetings back during the tax credit wars that we went through. He’s just done a great job, he’s been very cooperative and I won’t read the resolution to you anybody can get a copy and read it. But my thanks too to President Gamber who reminded me to do this; because it’s well worth doing. If there are any comments or questions I’m going to move for passage. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 11 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCIL PRESIDENT GAMBER Marcus, we do thank you for the time you’ve spent with us. We’ve heard nothing but good things and I’m sure you’ve got an outstanding future in front of you. After we get the necessary signatures and an appropriate frame we’ll make sure that you get a copy of this. Thanks again, Marcus. 8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING 9. BILLS, ACCOUNTS AND CLAIMS NOTHING 10. REPORTS FROM CITY OFFICIALS COUNCIL PRESIDENT GAMBER We do have some reports from city officers. Mr. Mayor, would you like to come forward? MAYOR CICCHINELLI – I would like to formally introduce Keith after the exhaust of a search. We found Keith and we’re very pleased and believe me he has hit the ground running I think is the safe thing to say. We’re very busy in that department, that’s certainly one of our busiest departments. So he’s already involved in numerous projects that we’re doing. So, Keith Dwlewski please stand and we welcome you to the City of Massillon. I might also say Marcus we’re not done with Marcus yet. Marcus is coming the Administrative Annex and will be coming into the various departments both in the Administrative Annex and in this building. So we’re glad he’s still involved with us and Marcus is a fine young man. I’m sure you know he’s involved with our with the Washington High School Football Program and does an excellent job with the freshman team. We’re looking forward to working with him tomorrow and into the future. Also just an FYI Mr. Loudiana received a text message about 10 minutes the fire department did ratify the Fact Finders Report. Thank you. COUNCIL PRESIDENT GAMBER Thank you. Welcome aboard, Keith. A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR APRIL 2006. COPY FILE COUNCILWOMAN CATAZARO-PERRY I make a motion that we accept the Auditor’s report, seconded by Councilman Peters. The Auditor’s report was accepted by a roll call vote of 9 yes. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Our committee sessions are scheduled for next Monday, May 8th. I did send a note out even though it’s in July it’s only 4 meetings from now. The city offices will be open on July 3rd which is Monday we will have council on July 3rd. The city offices will then be closed on the 4th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MCCUNE – A few weeks ago I was received a phone call from a gentleman inquiring about the Massillon Cable Company having exclusive rights to do business in the City of Massillon. I’ve requested a copy of the cable agreement and pulled out the ordinance and have found that it is a non-exclusive agreement between Massillon Cable. Another company could come into the city and bid for the rights. They would have to pay Massillon Cable to use their cables so on and so forth. So in response to that call I wanted to make a report that it is a non-exclusive ten year agreement signed in October of 2000 and I hope that now we have the tribe games the gentleman is probably satisfied. COUNCIL PRESIDENT GAMBER Any other resolutions or requests of council members? I have one I just learned this evening as I coming up the steps. We have in the audience tonight Mr. Bill Poole, Bill of course, had been a Massillon Police Officer, served several terms as Ward 4 Councilman and we call him our unofficial ward 7 councilman now anticipating the day when we annex where he lives. In any event, there is the 44th Annual Hall of Fame Banquet for the Canton Negro Old Timers on May 20th and Mr. Poole has been inducted into the Negro Old Timers Hall of Fame. Bill, I believe you said this was for football. (Right) Congratulations. (Last team to win a national championship high school football in 1961). 13. CALL OF THE CALENDAR ORDINANCE NO. 47 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG This is the 2006 Community Development Block Grant Program. We had our first reading on March 20th, second on April 3rd, we had the third reading on April 17 along with a public hearing at that time it was tabled to May 1st due to the fact that the advertisement we had in the paper indicated that we would still receive comments on this piece of legislation up and through April 30th. April 30th has come and gone and to date that has been no more comments and have been at our public hearing. COUNCILMAN MANG moved to bring Ordinance No. 47 – 2006 forward for passage, seconded by Councilman Townsend. COUNCILWOMAN CATAZARO-PERRY Yes, I just would like to make a comment that the Section 108 that’s listed on here is not actually anything that we’re paying. It’s just going to be an automatic payment. So I just wanted to make comment. If that’s correct, that’s what I’ve been told. COUNCILMAN BRYAN I don’t have an answer for that, I had another comment to make, however. We don’t an amendment or we don’t need to amend the ordinance in any way. I thought we made one change after the first reading. Mr. Aaby could you? COUNCIL PRESIDENT GAMBER I’ll defer to Mr. Mang. Mr. Mang, where are we in terms of needing an amendment? COUNCILMAN MANG I’m looking at Mr. Aaby. Probably to be on the safe side we probably should even though it was presented to council at the second reading. COMMUNITY DEVELOPMENT DIRECTOR AABY – Yeah, we had requested a change in the program to allocate $5,000.00 for the to the Greater Stark County Urban League for the Massillon Housing Counseling Program. We had recommended that that change be made. COUNCIL PRESIDENT GAMBER Did we receive an entire new budget sheet or just one new item? COMMUNITY DEVELOPMENT DIRECTOR AABY – There is a new sheet I think I passed it out. COUNCIL PRESIDENT GAMBER Is there a date on it, is the way to identify? Does everyone have the program sheet 4-10-06? COUNCILMAN BRYAN My question is was that given to us after the first reading? If so then is it not an amended program that we should adopt? COUNCIL PRESIDENT GAMBER As Mr. Mang said to be on the safe side with the federal program we probably should formally amend it. We do have a motion on the floor. Mr. Mang, if you would withdraw the motion and Mr. Townsend the second. We now we need a motion to amend Ordinance No. 47. COUNCILMAN MANG Let’s see we’ve got 2 sections to amend that in. The first one is in the Planning Administration Fair Housing that section originally read $130,000.00 now that section will read $125,000.00 that’s where the $5,000.00 is coming and the addition of the Urban League to the local agency projects would be $5,000.00. Then the totals remain the same other than the total for local agencies become $130,000.00. The totals for the city project is $540,000.00. COUNCIL PRESIDENT GAMBER Are those figures reflected on the 4-10 sheet? COUNCILMAN MANG Yes, that is correct the 4-10 sheet is correct. COUNCIL PRESIDENT GAMBER Alright, so we are amending the ordinance as per the April 10th sheet. COUNCILMAN MANG moved to amend Ordinance No. 47 – 2006, seconded by Councilman Townsend. ORDINANCE NO. 47 – 2006 WAS AMENDED BY A ROLL CALL VOTE OF 9 YES. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 47 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 14. THIRD READING ORDINANCES AND RESOLUTIONS 15. SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 61 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS Yes, this is the second reading only because I had some questions when it was first brought up. Since then the Mayor and the Safety Service Director has answered those questions. I no longer have a problem with it. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 61 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 62 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS This is the same thing as Ordinance No. 61 only this is the street resurfacing program that will be taken out of our Capital Improvement Fund. All of our questions have been answered I think unless there anymore. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 62 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILMAN PETERS I this is kind of I guess its kind of new, kind of old. But I have a question for Mr. Loudiana, our Safety Service Director if he could come up. I didn’t warn you about this Mr. Loudiana, but we discussed about a month ago about the traffic on Grosvenor and nothing has ever been brought back up about it. I just would like to know where we’re at with that or what we have to do to resolve that. SAFETY SERVICE DIRECTOR LOUDIANA – I think we’re trying to figure out where the funds will come from to pay for that. COUNCILMAN PETERS Okay, but at some point in time we have to you know recognize that we don’t have the funds or we do have the funds. Then we have to we’re going to have to put this forward for a vote. SAFETY SERVICE DIRECTOR LOUDIANA – Well, we have to make a decision because depending on whether the light goes up that’s how the intersection will be constructed for a light. So I haven’t talked to Greg McCue I don’t know if you’ve talked to him or if anybody’s talked to him. COUNCILMAN BRYAN I haven’t talked to him, but I did make a point when that came up about 3 weeks ago I think I talked to Greg and I said “please call me you know so I can come down and see the file” because the file is in the Engineer’s Office. I reminded him of it a week later and he still hasn’t called me. So I’d be glad to help try to do that just because I have the experience and I’ve been around it. But Greg hasn’t called me. COUNCIL PRESIDENT GAMBER So officially council is on record as having approved that light. So it would take council action to again remove it from the project. COUNCILMAN BRYAN I don’t think that’s the issue. The issue is that we don’t know how much money has been transferred into that fund and how much more we need to transfer in. SAFETY SERVICE DIRECTOR LOUDIANA – I don’t know that any money has been transferred for the light. Mayor says no. COUNCILMAN PETERS I just wanted to bring that up so that we could you know get moving on it. COUNCIL PRESIDENT GAMBER Mr. Loudiana, do you have any idea what a schedule would be when that decision needs to be made? COUNCILMAN PETERS The project’s suppose to be done here at the end of May, correct? SAFETY SERVICE DIRECTOR LOUDIANA – Yeah, it maybe pretty close to being I forget the date I gave you. COUNCILMAN PETERS It was like the last week in May I thought that we had to… SAFETY SERVICE DIRECTOR LOUDIANA – Yeah, but we have to know ahead of time because otherwise the intersection is constructed completely different than if there’s a light there. COUNCIL PRESIDENT GAMBER I would suggest a thorough report by next Monday for the rest of council. SAFETY SERVICE DIRECTOR LOUDIANA – Okay, Tim, I’ll get Greg to call you. COUNCILMAN TOWNSEND I have a comment for the Mayor. I just want to say Richville Drive is looking really good especially the intersection where it goes off of Southway that’s starting to look real nice. That’s all I have to say. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA MARCUS SIMPSON – Personally I’d like to thank council for taking the time to let me intern. I’ve learned quite a bit about the legislative process. It’s been a great time for me to intern because there’s been a lot of things going on with city council with the development and the casino. So I would just like to thank you for giving me the time to intern. Also I’d like to thank the Mayor for allocating time for me to spend time with his staff tomorrow. So I’d just like to thank you. COUNCILMAN MAIER – Yes, I’d like to just make a comment. We had an accident on 29th Street a few weeks back which a young lady was hit by a vehicle. The school has since during Easter break rearranged our busing and the students that would have normally walked down 29th Street are now being offered a busing alternative at this time. So shouldn’t be any students walking down 29th Street for the remainder of this year anyways. 18. ADJOURNMENT COUNCILMAN MANSON I move that we adjourn, seconded by all. _________________________ ______________________________ |
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