MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MAY 2, 2011
COUNCIL PRESIDENT GAMBER I'd like to welcome all of you to Massillon City Council for Monday, May 2, 2011. We have in attendance with us this evening: Community Development Director Aaby and Engineer 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: Gary Anderson, Kathy Catazaro-Perry, Dave Hersher, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.
Thus giving a roll call vote of 8 present.
COUNCIL PRESIDENT GAMBER Mr. Manson, we need a motion for Mr. Mang.
COUNCILMAN MANSON I move that we excuse Councilman Mang, seconded by Councilman McCune.
Roll call vote of 8 yes to excuse Councilman Mang.
COUNCILMAN PETERS Gave the invocation for tonight.
3. PLEDGE OF ALLEGIANCE
COUNCILMAN PETERS – Chairman of the Streets & Highways Committee led those in attendance in the Pledge of Allegiance.
4. READING OF THE JOURNAL
COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (Yes, they are) Are there any corrections or additions to the minutes if not they stand approved as written.
5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA
6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 64 B 2011 BY: ENVIRONMENTAL COMMITTEE
Amending Ordinance No. 42 – 2011 by making revisions to the Massillon-Stark County Sewer Service Agreement Supplemental #1 for the Bar Screen and Grit Screw Replacement at the Wastewater Treatment Plant, and declaring an emergency.
COUNCILMAN HERSHER I was not at the work session on Monday I believe this was discussed and obviously was discussed it was put on the agenda. So if there were any questions or concerns with this I didn’t hear them from Monday but I haven’t heard from anybody since then. Just some minor changes made to the original agreement that needed to be cleaned up. So unless there are since we’ve already passed the original agreement unless there are questions or concerns tonight I really don’t see any reason to hold it up and not just deal with it this evening.
COUNCILMAN HERSHER moved for suspension of the rules and passage, seconded by Councilman Manson.
The rules were suspended by a roll call vote of 8 yes.
ORDINANCE NO. 64 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
ORDINANCE NO. 65 B 2011 BY: FINANCE COMMITTEE
Making certain appropriations from the unappropriated balance of the Park & Rec. Community Park Fund and the Park & Rec. Fund, for the year ending December 31, 2011, and declaring an emergency.
COUNCILMAN MANSON – Yes, we went through this the other night but we went through it Mr. Slagle handled it in parks and we didn’t realize it should have been in finance. So we got a few people to sign it and its here. It’s $11,250 for a mowing machine and its coming out of two different accounts $9,400 out of 1434 and $1,846 out of 1234. If there’s any questions I’ll try to answer them.
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. 65 – 2011 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 NEW LIQUOR LICENSE FOR OHIO CVS STORES LLC 1130 LINCOLN WAY E MASSILLON OHIO 44646
LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM SUPERAMERICA BEVERAGE LLC DBA SPEEDWAY 9290 906 LINCOLN WAY E MASSILLON OHIO 44646 TO SPEEDWAY LLC DBA SPEEDWAY 9290 906 LINCOLN WAY E MASSILLON OHIO 44646
LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM BUCKEYE CLUB DBA BUCKEY CLUB ANNEX 932 6TH ST SW 1ST FLR ONLY MASSILLON OHIO 44646 TO BUCKEYE CLUB DBA BUCKEYE CLUB ANNEX 62 ERIE ST S MASSILLON OHIO 44646
9. BILLS, ACCOUNTS AND CLAIMS
A. Repository - $781.31
COUNCIL PRESIDENT GAMBER Mr. Manson?
COUNCILMAN MANSON B I move that we pay the bill, seconded by Councilman Hersher.
Roll call vote of 8 yes to pay the bill.
10. REPORTS FROM CITY OFFICIALS
A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR APRIL 2011. B COPY FILE
B). AUDITOR SUBMITS MONTHLY REPORT FOR APRIL 2011 B COPY FILE
COUNCIL PRESIDENT GAMBER The Mayor’s report we will file and we also have the Auditor’s monthly report. We need a motion to accept that please.
COUNCILMAN MANSON B I move that we accept the auditor’s report, seconded by Councilman Hersher.
Roll call vote of 8 yes to accept the auditor’s report.
11. REPORTS OF COMMITTEES
COUNCIL PRESIDENT GAMBER Next Monday the 9th will be the regular committee sessions. Is there anyone has a report or resolution or a request does anyone have anything?
12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS
13. CALL OF THE CALENDAR
14. THIRD READING ORDINANCES AND RESOLUTIONS
ORDINANCE NO. 53 B 2011 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.
COUNCILMAN HERSHER This is the third reading for the CDBG budget. We also held a public hearing on April 18th at 6:30pm. I’ll point out although the ordinance remains the same we are looking at an amended spreadsheet or an amended program list of recommended projects. You’ll be able to tell that amended list because it does say revised at the top the heading of it is the fiscal year 2011 CDBG program list of recommended projects revised. Then in the lower right hand corner it has the date of April 13th 2011 and the total program total just above the date is $611,000. So I do I’m sure that there very well may be some discussion about this but I do intend on moving for passage this evening.
COUNCILMAN HERSHER moved to bring Ordinance No. 53 – 2011 forward for passage, seconded by Councilman McCune.
COUNCILWOMAN CATAZARO-PERRY - Yes, I’d like to make a motion to split the vote so that we can vote on Section 108 separate from the rest of the items.
COUNCIL PRESIDENT GAMBER Alright, before we do that well first of all we’ve gone through this a number of times in terms of splitting that out. The ordinance is to allocate the available funds and the list of items add up to what it is the available funds. So the motion is out of order but I would like to call up Mr. Aane Aaby to explain this yet again. Mr. Aaby the request is to divide the question regarding the Section 108 funds.
COMMUNITY DEVELOPMENT DIRECTOR AABY – The money that we’re showing for the Section 108 loan is the amount of the two payments that will be due in July and next January for the 108 loan. Under our loan agreement which we signed with HUD some 13 years ago we pledged block grant dollars as the city’s security for obtaining that loan. So every year that we have block grant dollars what we’ve been doing is reserving the amount of the payment off of our budget and then allocating the balance of those funds. Then as those dollars may or may not be needed they’re then recycled into the subsequent program year. We have to have those monies available in case we need them to make the loan the loan does have to be paid there’s no way around that. If the money would be reallocated and it would be needed we would just have to revise the budget. So I always thought it was the more prudent way to account for the money in case it is needed and then allocated the balance of the funds which in this case is $611,000 towards activities then none of these activities will be affected. If there are additional money available it will be rebudgeted next year. That will help us next year because I think the way that congress is looking at a lot of these domestic programs that this is the one program that could be in for a substantial funding reduction. So if we’re able to reallocate some additional monies next year that may help to soften the blow.
COUNCIL PRESIDENT GAMBER If I may ask a question. Have we had this request previously Mr. Aaby?
COMMUNITY DEVELOPMENT DIRECTOR AABY – Request…
COUNCIL PRESIDENT GAMBER B To split the vote.
COMMUNITY DEVELOPMENT DIRECTOR AABY – Yes.
COUNCIL PRESIDENT GAMBER And what has the law director’s opinion been in those previous requests?
COMMUNITY DEVELOPMENT DIRECTOR AABY – I don’t think the vote has ever occurred. So I can’t speak for him but I…
COUNCIL PRESIDENT GAMBER Is there anyone who would like to ask Mr. Aaby a question while he is up here? Mrs. Catazaro-Perry?
COUNCILWOMAN CATAZARO-PERRY - Yes, I just think its an appropriate request because we’ve split the vote out on many, many other items. I would like to vote for the rest of the items on this budget except for this 108 loan. I know I’ve been the one to request it in the past I would like to do it again. I think it is appropriate and I think it should be honored tonight.
COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry, can you help me out do you recall what the law director has said in the past?
COUNCILWOMAN CATAZARO-PERRY - No, I think it was Aane to be honest said that the funds should all stay together but I think it truly is appropriate to split the vote.
COUNCIL PRESIDENT GAMBER Is there any other comment or discussion? Any comment or discussion? Is there a second for the motion? Seconded by Councilman Townsend. What exactly is your motion?
COUNCILWOMAN CATAZARO-PERRY - I just would like to split out the Section 108 loan from the rest of the items and bring it forward.
COUNCIL PRESIDENT GAMBER So the first vote is for the $611,000?
COUNCILWOMAN CATAZARO-PERRY - The first vote is for no the $611,000 is I believe the entire total. So you’d subtract I would say lets make a motion to separate the 108 loan bring that forward to vote on and then the rest of the items will be the second motion.
COUNCIL PRESIDENT GAMBER I guess I just don’t understand the $611,000 is the rest of the allocation.
COUNCILWOMAN CATAZARO-PERRY - Well, I’m just let me add this up here real quick please. So Aane the total is $669,000 is that correct? I just want to make sure.
COMMUNITY DEVELOPMENT DIRECTOR AABY – If we’re estimating a grant of $669,000 with a net amount that we’re budgeting of $611,000.
COUNCILWOMAN CATAZARO-PERRY - Okay, so the $611,000 minus the $127,000 would that be correct?
COUNCIL PRESIDENT GAMBER No.
COUNCILWOMAN CATAZARO-PERRY - That’s what I’m asking.
COMMUNITY DEVELOPMENT DIRECTOR AABY – No, when we’re estimating our resources that are available to budget we take our estimated grant amount we don’t have a final amount yet. We take our allocated balance that we’re carrying over from previous years we’re subtracting out the amount we’re reserving for the Section 108 loan payment and we’re also estimating program income that we may receive during the year. Then that comes up when you add and subtract all those totals it comes up to the $611,000 that we’re allocating.
COUNCILWOMAN CATAZARO-PERRY - Okay, so you have taken out the $127,000? (Yes) Okay, that’s my question. Okay, so I’d like to make a motion to bring forward the Section 108 $127,000 the second motion will be to bring forward the $611,000 all programs.
COUNCIL PRESIDENT GAMBER Now its already been second you’re just clarifying your motion is that correct?
COUNCILWOMAN CATAZARO-PERRY - Correct.
COUNCIL PRESIDENT GAMBER Mr. McCune?
COUNCILMAN MCCUNE – I’d like to ask Aane a brief question. Aane, because in the past we’ve never done this it seems my memory serves me it was deemed that we couldn’t do this. As your opinion do you think that we can actually split this?
COMMUNITY DEVELOPMENT DIRECTOR AABY – I don’t know I’m not sure I understand what the effect of split it would be because there’s a loan payment that would have to be made and it would be made.
COUNCILMAN MCCUNE – It’s going to be made regardless correct? I mean we’re bound to make that.
COMMUNITY DEVELOPMENT DIRECTOR AABY – I mean I can the point is that there’s some people who are opposed to that project that would like to vote against it while still supporting the other things. But you know here regardless we have a loan agreement that we signed pledging dollars as the repayment on the loan that agreement is in effect and HUD will enforce it.
COUNCILMAN MCCUNE – So they take the money out of this regardless. (Yes) Alright, thank you.
COMMUNITY DEVELOPMENT DIRECTOR AABY – And so I mean council can go on record saying that they are opposed to it but the idea of doing it it’s a done deal really. Unless there would be some future modification somehow but right now we have an existing loan agreement.
COUNCILMAN MCCUNE – So its basically a mute…
COMMUNITY DEVELOPMENT DIRECTOR AABY – And its just like I mean people might be lets say people were opposed to the Legends golf course and when the city’s budget came up they didn’t want to allocate funds to pay off that loan. I mean the loan still has to be made.
COUNCIL PRESIDENT GAMBER B Mr. Slagle did you have your hand up.
COUNCILMAN SLAGLE – Well, I thought we had discussed this in the past that we can’t either. I mean it’s a contractual obligation that none of us sitting on council and the lower bench had anything to do with. It comes out I mean you can make your political statement verbally and say your opposed you were opposed to that original loan but I don’t understand how we can split that out because what would the ramification of that be?
COUNCILMAN MCCUNE – That’s my concern.
COUNCILMAN SLAGLE – I mean we owe the money its going to be taken out regardless of how we vote on it. So why do we do go through these shananagans every year frankly. I mean we understand your opposition I don’t know how we can get out of it. You know you’ve expressed it.
COUNCIL PRESIDENT GAMBER B My recollection is that the law director has specifically said that this is ordinance is voting on the available funds which in this case is $611,000. The second part of Mrs. Catazaro’s motion leaves the $611,000 in place. As you say whether you vote or don’t vote on the Section 108 loan that is an obligation that money will be taken from the total and that’s all there is to it. But I’m willing to if you guys want to go ahead and vote on it go ahead and vote on it. Is there anyone else before we come back to you. Mr. Hersher?
COUNCILMAN HERSHER – Well, and this may be made clear as we continue discussion but just for myself would like to be clear on what the question is that we’re going to be voting on whether or not to are we voting on whether or not to split the question or whether or not to fund the $127,000?
COUNCIL PRESIDENT GAMBER B I’ll direct the question to Mrs. Catazaro-Perry.
COUNCILWOMAN CATAZARO-PERRY - I made the motion to for the HUD loan to come forward first and then the $611,000 second. It’s just important to me to be able to vote for these other organizations because I think they’re all worthy. That’s the reason why I’d like to do this.
COUNCIL PRESIDENT GAMBER Now you had comment beyond that?
COUNCILWOMAN CATAZARO-PERRY - No, that’s all thank you.
COUNCILMAN MCCUNE – But isn’t it all one in the same?
COUNCILMAN ANDERSON – No, it isn’t. I guess I can raise my hand if I’ve got something to say. Well, no it isn’t in order to answer your question it isn’t the same its two separate she’s making it two separate things. Which is her prerogative if she wants to do that which is what she’s done she wants to show her pleasure for her acceptance of all the other items that are on this particular bill. She’s indicating her displeasure of the other and when it comes up for a vote it will come up for a vote that particular way. That’s all she’s saying she’s not saying anything or anything less that’s what she’s saying.
COUNCIL PRESIDENT GAMBER B Alright, there will be the first vote will be whether to separate if that is approved then we will take two votes on two parts of the next item. Does everyone agree with that is there anyone who has a problem with that?
COUNCILWOMAN CATAZARO-PERRY - That’s not exactly what my motion was Mr. President.
COUNCIL PRESIDENT GAMBER Well to separate you make a motion to separate and then we take a vote on whether to do that. I’m just saying is there any problem is there any alright so the first vote will be whether to separate the items as mentioned by Mrs. Catazaro-Perry.
Roll call vote of 5 no, 3 yes to separate the items. Anderson, Catazaro-Perry and Townsend voted yes.
COUNCIL PRESIDENT GAMBER Alright, the vote is not to separate. Mr. Hersher, we’re back to you.
COUNCILMAN HERSHER moved to bring Ordinance No. 53 – 2011 forward for passage, seconded by Councilman McCune.
ORDINANCE NO. 52 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 6 YES, 2 NO. ANDERSON AND CATAZARO-PERRY VOTED NO.
ORDINANCE NO. 56 B 2011 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE
Amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – SOLID WASTE DEPARTMENT of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – INCOME TAX DEPARTMENT, WASTEWATER TREATMENT DEPARTMENT and the SOLIDE WASTE DEPARMENT, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES - INOCME TAX, WASTEWATER TREAMENT DEPARTMENT and the SOLID WASTE DEPARTMENT, in the City of Massillon, Ohio, and declaring an emergency.
COUNCILWOMAN CATAZARO-PERRY - This ordinance is to hire Linda McGill back at $25.00 per hour with no benefits. She’s going to be split in three different departments. She will be in the Income Tax, the Wastewater Treatment and the Solid Waste working 16 to 24 hours a week. This is the person that was the head of the department who has retired and now they want to bring her back. So this is the third reading tonight and we will be bringing it forward for a vote.
COUNCILWOMAN CATAZARO-PERRY moved to bring Ordinance No. 56 – 2011 for passage, seconded by Councilman Townsend.
Roll call vote of 4 yes, 4 no for passage, Council President Gamber voted yes to break the tie.
ORDINANCE NO. 56 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 5 YES, 4 NO. ANDERSON, CATAZARO-PERRY, PETERS AND TOWNSEND VOTED NO.
ORDINANCE NO. 57 B 2011 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE
Amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – MISCELLANEOUS SCHEDULE, in the City of Massillon, Ohio, and declaring an emergency.
COUNCILWOMAN CATAZARO-PERRY - This ordinance is to replace Linda McGill who was at a 20S with Colleen who is now at the head of the department with an 18S. She’s been in place its just to make this official.
COUNCILWOMAN CATAZARO-PERRY moved to bring Ordinance No. 57 – 2011 for passage, seconded by Councilman Townsend.
ORDINANCE NO. 57 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.
16. NEW AND MISCELLANEOUS BUSINESS
- REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA
COUNCILMAN PETERS – I move that we adjourn, seconded by all.
MARY BETH BAILEY, CLERK,
GLENN E. GAMBER, PRESIDENT