|
MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, May 5, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Auditor Jayne Ferrero, Law Director Perry Stergios, Engineer Keith Dylewski and Community Development Director Aane Aaby. Also in the audience we have Moe Rickett my good friend from the recreation board. 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, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN TOWNSEND Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND – Chairman of the Parks & Recreation 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 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 citizens forward to speak to items that are on our agenda. If you’d like to do that please approach the microphone give your name and address and make your comments. I’d like to remind you that this is only for your comments please don’t ask questions or be up there to long. We have no time limit but with a lot of people these can run long. So having said that I’ll open the floor to anyone who would like to come forward to the microphone. WHITNEY PRATHER – 144 24th Street SE; in regards to the rezoning I am not in favor of it. I’m really, really, really against it. I think that I want to build a family there I’m not interested in having anything in my backyard. That’s pretty much it, thanks. JOSEPH FERREL – 124 25th Street SE, Massillon, Ohio. I am against the rezoning I live within the 300 foot I’ve this area I’ve watched these houses being torn down over the years. I’ve live there 27 years and I wish your support in voting this ordinance down. Thank you. CHRIS JONES – I live at 131 23rd Street SE. I am against the rezoning I’m not within the 300 feet but I am against the rezoning. Thank you. DOLORES PAULIK – I’m at 115 24th Street SE. I sit on my front porch and I look at a house if you guys pass this I get to look at Rite Aid and a parking lot with more headlights into my home. I’ve lived there 35 years and I have fought Mr. Oser every step and I believe I bought in a residential I’d like to stay in a residential neighborhood or one of you gentleman can come buy my home at the fair market value and not below cost. Thank you. RACHEL JONES – I live at 131 23rd Street SE. Again, I’m not in the 300 limit but I’ve very close and I am against the rezoning. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Mr. Mang, you have a request.? COUNCILMAN MANG Yes, Mr. President, I request that Ordinance No. 56 – 2008 be the first item on our agenda for this evening. COUNCIL PRESIDENT GAMBER Is there any objections to moving Ordinance No. 56 forward as our first item? There is no objections, Madame Clerk, would you please read the title to Ordinance No. 56? 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 You were all here for the public hearing. We had an opportunity to listen to the applicant as to the type of business that they wish to build. Also had an opportunity to listen to the residents in the 300 foot area and also residents of the area both to indicate their opposition or their support of the project. At this point I would like to ask the council person Kathy Catazaro-Perry for comments regarding this rezoning. COUNCILWOMAN CATAZARO-PERRY – Thank you, Mr. Mang. First of all I’d like to thank all the residents for coming down whether you were for it or against the project. The company that come in has done an excellent job they followed all of our guidelines, they had a meeting with the residents at Smith Elementary that lasted almost two hours answering all the questions that the residents had and concerns that they had. Probably the best presentation we’ve had ever at city council as long as I’ve been on. They’ve done an excellent job they’re really willing to work with the neighbors. They had a meeting with the Mayor, they called me and had a meeting with me. So they have really outdone themselves in my eyes. I don’t believe that single family homes are going to be built on Lincoln Way as one resident said this evening. Lincoln Way is a very, very busy street now; years ago it was a little less busy and a little more quiet. So I think that’s a concern to take into account. The alternative right now is multi family and I know probably none of you would like to have a multi family building built there. I know I for one don’t want to see that as I said earlier at the Planning Commission I did attend that meeting I did listen to everyone. But if there is a right fit for this property it is the Rite Aid. I really think that we need to rezone this and move forward it’s the perfect place for this building. There’s going to be a buffer of trees, there’ll be a buffer of some extra land and they do an excellent job and they keep their property very well. I would like to see this done this evening and I do understand that this is residential area and that some of the residents are not for this job. Our job as city council is to look for the future and sometimes it maybe hard but I’m looking for the future and I do not see single family homes being built here. I don’t see anyone seeing single family homes being built here. So I would like to ask council to really look at this we do need the revenue in Massillon. I did speak with our auditor this would be a benefit to our city and we do need that revenue. It is the least impact I believe on our residents. Thank you. COUNCILMAN MANSON I just want to say that this has been going on now I checked records back to even ’72 I think and ’87 and ’90 and I don’t know how many times we looked at it lately. To me the residents in the neighborhood haven’t changed their tune at any time. They still oppose this and I am a little bit disappointed because I think this company did a good job on making their presentation. I also think that this helped keep this from being quite as adversarial as it has been in the past some times. But it still my intention to go along with the residents and uphold the Planning Commission’s decision. COUNCILMAN MCCUNE I concur with Paul in the time that I’ve been on council we’ve had these meetings I believe now four times. Within the and this is very unscientific within the 300 I have a 6 to nothing in opposition and outside I have a 11 to 3 in opposition. Because this is these people’s homes and their neighborhood I also and I want to applaud the developers for the great job they did trying to convince the neighbors of the neighborhood that it was the right fit. But with the opposition being what it is I will also have to be voting no on this issue. COUNCILMAN MANG moved to bring Ordinance No. 56 - 2008 forward for its passage, seconded by Councilman McCune. COUNCILMAN MANSON I want to clear this up now to overturn the Planning Commission it takes a yes or a no vote? COUNCIL PRESIDENT GAMBER Excuse me? COUNCILMAN MANSON What are we, we are voting on the proposal, right? COUNCIL PRESIDENT GAMBER That’s right, a yes vote overturns the vote. COUNCILMAN MANSON A yes vote overturns the vote? COUNCIL PRESIDENT GAMBER Correct. ORDINANCE NO. 56 – 2008 WAS DEFEATED BY A VOTE OF 6 YES, 3 NO. HERSHER, MANSON AND MCCUNE VOTED NO. COUNCIL PRESIDENT GAMBER Alright, it did require 7 votes and it has been defeated. If anyone would like to leave at this point we’ll wait just a moment while you exit. ORDINANCE NO. 69 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, for the purchase of a new siren warning system for the City of Massillon, and declaring an emergency. COUNCILMAN SLAGLE As we discussed in the work session the administration feels and I would not dispute their conclusion that there is a need to upgrade the siren system throughout the City of Massillon. I think as we have all seen in the last several years it appears that the we are faced with a time in which we have more severe weather and I think the more safety sirens and the better our system we have obviously the better off we’ll be. One change is I think the original proposal asked also to enter into contract but since they always have to bring them and seek the funds Mr. Stergios took that language out. So its requesting that they seek the bids for the new siren systems and I would ask that because of the nature of this particular ordinance I do think that we should be waiving the requirement for three separate readings of the legislation and bring it forward tonight as an emergency for passage. COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 69 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 70 2008 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 a contract, upon award and approval of the Board of Control, with the lowest and best bidder, for the Keuper Blvd NE Storm Sewer Improvement Project, and declaring an emergency. COUNCILMAN PETERS First reading. ORDINANCE NO. 70 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 71 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an easement renewal agreement with the State of Ohio, for sanitary sewer lines, located on property owned by the State of Ohio, and declaring an emergency. COUNCILMAN PETERS We discussed this at Monday’s work session. This is a renewal of an existing agreement with the State of Ohio and if there aren’t any questions I’m going to move for passage on this tonight. If there are any questions Keith’s here and he could come up answer them. COUNCILMAN PETERS 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. 71 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 72 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1206 Muni Motor Vehicle Fund, Wastewater Treatment Plant Capital Improvement Fund, Ohio Peace Officers’ Fund, 1201 Street Fund, Marketplace Infrastructure Fund and the TIF Service Payment Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we discussed all of these things at last week’s committee session. So I’m going to go through them one at a time. Section 1, appropriate from the unappropriated balance of the muni motor vehicle license fund $13,900.00 to an account entitled street repair. This is for recoating of Charles Avenue over here by the Sarta bus garage. Then $10,000.00 to the street fund to an account 1201 street department gas and oil. This will add to the $10,000.00 to give them $15,000.00 to purchase gasoline for the street department. It’s project that the street department will need $48,000.00 total additional dollars for this for gasoline this year. Then $9,753.00 from wastewater treatment capital improvement account and that will be for some erosions we had on the hillside down there. Section 3, we have $7,360.00 from the Ohio Peace Officers fund and this is to go for additional training which that is all it can be used for. Number 4, is $5,000.00 for I’m sorry I did make a mistake there I was right on the $10,000.00 hang on just a minute. $5,000.00 to an account 1201.435 streets department gas and oil that’s what the $5,000.00 was there to go along with the other $10,000.00. And $2,135.00 this is for the marketplace infrastructure tif fund and this is money that we owe to the county to the auditor’s office for collecting and dispersing these funds. The last one #6 is $1,125.00 and that is for the target area for the tif fund there and the same thing this goes to the county for their work on collecting and distributing the funds. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 72 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. AKRON BEACON JOURNAL - $1,009.38 COUNCIL PRESIDENT GAMBER Alright. Mr. Manson, we need a motion to pay these bills? COUNCILMAN MANSON I move that we pay the bills, seconded by Councilman Hersher. Roll call vote of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR APRIL 2008. COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we need a motion for the auditor’s report. COUNCILMAN MANSON I move that we accept the auditor’s report, seconded by Councilwoman Catazaro-Perry. Roll call vote of 9 yes to accept the auditor’s report. COUNCIL PRESIDENT GAMBER We do have the advisory committee I’ll turn that over to Mr. Townsend. COUNCILMAN TOWNSEND I sent Mr. Kaminski last week requesting that the telephone numbers of the members he selected to serve on the advisory committee. I received that email this morning with the phone numbers and some of the email addresses of those committee members. I will contact the people he submitted tomorrow morning and hopefully we have a meeting this week. COUNCIL PRESIDENT GAMBER Alright, do you have a list of the people proposed for the committee? COUNCILMAN TOWNSEND I have the list I just… COUNCIL PRESIDENT GAMBER Alright, we need to approve that. Does everyone have a copy of the list? COUNCILMAN TOWNSEND I passed those out last week. COUNCIL PRESIDENT GAMBER Madame Clerk, would you please make a copy? No one else wants a copy of this? Alright, I’m asking your approval then everyone has a copy of the committee and its tasks and its deadlines which I believe is what the end of July, Tony? (Yes) And everyone has the list of the advisory committee I would like a roll call vote for acceptance of the committee and the members on it. Roll call vote of 9 yes to accept the Parks & Recreation Department Advisory Committee. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regarding committee reports, next Monday at 5:30 the 12th and let me give you a heads up the 26th is Memorial Day so the committee sessions will be on Tuesday, May 27th. Are there any reports from committee chairman, Mr. Maier? COUNCILMAN MAIER Yes, the safety committee will meet one more time at 5:00pm on the 12th. We will have some things to present at that time I believe. COUNCILMAN PETERS Mr. Maier, I know you’re heading up the committee but I can’t make it here that early I mean I work till 5:00pm if we could make it like 5:15pm. (That’s fine) Okay. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR TABLED FROM APRIL 7, 2008 ORDINANCE NO. 30 2008 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 937 “WASTEWATER TREATMENT REVENUE FUND” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Sections 937.05 PAYMENT DATES; PENALTY CHARGE, 937.08 ADMINISTRATION AND DISTRIBUTUION OF FUNDS, 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES and enacting new Sections 937.05 PAYMENT DATES; PENALTY CHARGE, 937.08 ADMINISTRATION AND DISTRIBUTION OF FUNDS 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES of CHAPTER 937. COUNCIL PRESIDENT GAMBER Councilman Hersher? COUNCILMAN HERSHER I would I guess yield to Councilman McCune who brought this forward for reconsideration. COUNCIL PRESIDENT GAMBER Councilman McCune? COUNCILMAN MCCUNE Yes, as you know we voted on this some time ago and it was voted down. Basically the reason I voted it down was because I didn’t feel it was the proper time to implement an increase on the residents of Massillon. Although I felt that it was very important that we pass the industrial portion of the ordinance. After meeting with council and I’ve been unable to convince everyone that we needed to maybe split the ordinance in a way that we could vote accordingly. So I’ve asked for reconsideration and that’s what we’re here for tonight. COUNCIL PRESIDENT GAMBER Are there any comment or discussion before we proceed to a vote? COUNCILMAN SLAGLE Yeah, before we vote I think is you know its always hard to raise rates on anyone. I know some of the opposition was to raise the rates against the industry. Some of the opposition was to raise the rates against the individuals and it strikes me that as difficult as it is we did have a study have that tells us our rates are too low. When I look at the report that we just passed it shows the Wastewater Treatment being in the red now frankly I’ll be the first to admit I’m not sure what that means. But it says $1,083,000.00 in the red so obviously something needs to be done. I would hope that we would pass this particular ordinance. It seems as bad as it sounds its better than continuing where we are because we’ve been discussing it. We’ve heard that I frankly think that industry needs to pre-treat the material and they won’t do unless their billed accordingly to force them economically to do it. I still would like to see however at some point in terms of service that we do it on a usage basis as it was discussed with Mr. Purtz with Aqua Ohio that that’s a possibility in the future. So I think that would be fair to the smaller in terms of numbers in a home. COUNCIL PRESIDENT GAMBER Councilman Hersher? COUNCILMAN HERSHER I’ve been you know vocal from the start in my feeling that council should pass this as written and I would just like to echo what Mr. Slagle has said. I firmly believe we need to pass this tonight as it was written. COUNCIL PRESIDENT GAMBER Councilman Maier? COUNCILMAN MAIER Yes, I’d like to call the auditor up, please? Yes, Mrs. Ferrero, at the work session I asked you if we were operating in the red in the Wastewater Treatment Plant and you told me no we were not. AUDITOR FERRERO – No, we’re not. COUNCILMAN MAIER Is there something different here? AUDITOR FERRERO – Right, there are some things because of encumbrances and things like that, that are outstanding in that department. But right now they’re in a pretty good spot as I mean they’re going to we’re going to see our way through the end of the year. But as I said at our meeting as costs rise and continue to rise and equipment needs replaced and all of those things its putting a burden on us. So what we need to do is have the foresight to pass this so that doesn’t happen. COUNCILMAN MAIER Okay, but the… AUDITOR FERRERO – It’s because of the encumbrances that are outstanding at this point. COUNCILMAN MAIER At this time though we’re not going to be in the red this year? AUDITOR FERRERO – I don’t foresee that unless something would happen I mean right now its just April what is this May, its May and so I can’t really say for sure what will happen next week if we have some kind of a disaster down there. But right now we’re on course for the Wastewater Treatment Plant. However, again I want to you keep in mind costs are rising continuously and we have to be on target for that. COUNCILMAN MCCUNE made a motion to bring Ordinance No. 30 – 2008 for its passage, seconded by Councilman Hersher. COUNCILMAN MCCUNE I would just like to say that even though I still don’t think its I think both Mr. Hersher and Mr. Slagle have said that its never a good time to raise rates that with the assurances from the administration that should if with passage if should our residents be affected by a sewer backup that the city will reinstate the policy of paying for those damages which sometimes I guess the average is like $7,000.00 on a typical claim or catastrophic happening for these people. I believe that $7,000.00 to a fixed income person or to a family struggling to get by from pay to pay would be devastating. So along with my belief that the industrial portion is necessary as the auditor has pointed out. I will be changing my vote tonight and voting for passage of this ordinance. COUNCIL PRESIDENT GAMBER We have a motion and seconded Madame Clerk a roll call vote? COUNCILMAN PETERS Point of order, Mr. President? COUNCIL PRESIDENT GAMBER Mr. Peters? COUNCIL PRESIDENT GAMBER Mr. Mayor? Technically, I could rule that our roll call has started so I’m doing you a favor by allowing the Mayor to come up. COUNCILMAN PETERS I’m forever in your debt. Mr. Mayor, not to put you on the spot I just wanted to ask you a question Mr. McCune keeps saying that we’re reinstating our policy to pay for people’s basements and so forth that gets damaged. Did we officially stop doing that? MAYOR CICCHINELLI – Technically yes, as all of you know it takes revenue to operate our wastewater treatment plant. We know that many, many other communities do not even consider any types of payments to individuals that get backups. What we have this administration has felt throughout the years that if it’s a backup that has been caused by an obstruction or some damage to our lines and we’re talking the public line, city owned line not any laterals then I think we are obligated to work with those individuals. When the so we’re at the point where we have to watch our revenues that normally those amounts they could sometimes goes as high as $100,000, $200,000 a year. Those the dollars depending on and its hard to say because you don’t know when you’re going to get these kinds of backups. But they do come out of our revenue stream so when the rates increases were denied by council a couple of weeks ago then we issued an order stating that we would no longer pay for that. Now the good side the good part of that is we haven’t really had any backups since that time. If this passes then we will rescind that letter and start paying for them again. It’s just like anything else folks we have revenues and revenues you project your revenues and estimate your revenues at the beginning of the year. If a revenue stream is hurt in any way or if additional revenues are not brought in then you have to start cutting back where you can. This is a service that we’ve been offering to the citizens for many years that affected by that. Like I said most towns don’t do that but we agreed to it. So if this passes then we will rescind that letter and we will start paying for them again. COUNCILMAN PETERS Thank you. I just wanted to I didn’t that letter maybe I just missed it or didn’t council get that letter? MAYOR CICCHINELLI – No, no, well it’s an administrative it’s more of an administrative order it wasn’t really a letter. COUNCILMAN PETERS Okay, who’d the letter go to? MAYOR CICCHINELLI – It was a letter sent by me, signed by me and sent down to the Wastewater Treatment Plant superintendent. COUNCILMAN PETERS Thank you, you answered my question. MAYOR CICCHINELLI – You know it’s an administrative decision. COUNCILMAN PETERS Yeah, I understand that I’m not disputing that either I just wasn’t aware of that, I wasn’t aware of the fact that and I was just trying to clarify that we had stopped it and now we’re going to start it . I mean so I just wanted to clear that up. MAYOR CICCHINELLI – Only because there will be additional dollars to operate the plant. I think you have to understand we have to operate this plant as efficiently as possible. No one wants to raise rates but when you have studies that you folks paid for indicating that you have to raise rates. You know it’s easy to sit back and take your potshots and don’t raise things but then sometimes they come back to haunt us. We’re left with as the administration to operate on the revenues that you agreed to give us. We’ve been saying that we do need additional revenues to operate this plant. Unfortunately sometimes people don’t understand that so I had to do what I had to do to try to protect those revenues. COUNCILMAN PETERS Absolutely, thank you. You better sit down before he gets mad at me because I’m out of order right now. COUNCIL PRESIDENT GAMBER We had commenced, Mr. Townsend? COUNCILMAN TOWNSEND So if a person’s sewer backs up and their fault the city still pays for it? MAYOR CICCHINELLI – If it’s in the public line in other words if a sanitary sewer your mains alright if it’s an obstruction in the main, a break in the main that causes or just an infiltration of additional some times additional flow can cause certain areas to back up. It happens a lot of times but not exclusively but it happens a lot of times in some of our older neighborhoods. It’s our philosophy that if it really wasn’t that citizen’s fault then we should work with the owner and they send an itemized list of what was damaged. Then what we do is we don’t just write a check the next day we go over that list and make sure we go down and actually our staff visits the affected property owner and they take a video of everything. So we know exactly what is justified and what isn’t. About ten years ago we had in one area of town upon Bennington NE before you were elected to council I think it was 10 – 12 years ago. It was a whole area a whole street and general neighborhood that was affected by a backup that we really don’t know what caused that. That’s sometimes happens and it could be areas outside the city could impact because of course all of you know we have a regional wastewater facility that doesn’t only service Massillon but the majority of the customers are from outside the city. So the point is it’s hard to monitor all that. I think now our monitoring is much better the county is cooperating with us so we’re trying to find some of the hot spots. But if the problem exists in our line okay city owned line then we end up paying for that. If the problem exists within their lateral from the street to the house then no we don’t pay for that. But it has to be within the public streets. COUNCILMAN TOWNSEND So the city is liable for it anyways… MAYOR CICCHINELLI – No, the city legally is not liable that’s why I preference my comments originally Mr. Townsend that most cities that we’re familiar with have decided not to do that. However, I think as being fair to our citizens if it’s caused by something within the public line that we should pay for it. That was done before this administration the administration before it’s just been sort of a policy I guess I mean. No we are not liable and I know some folks think we are but we do it as a service. So the point is if you cut out a part of those revenues to provide that service we’ve got to cut back. It’s as simple as that. COUNCILMAN TOWNSEND Because I always thought the city was liable and you’re saying that they’re not. I know for a fact that the city has paid quite a few residents taken care of quite a few residents in the 4th ward. MAYOR CICCHINELLI – Yes, we have and it costs money to that sir and that’s why we instituted that and we sent the letter saying from this point forward we don’t have the revenues projected to come in and pay for these things. But luckily for us and the citizens most importantly that there hasn’t been any problems. COUNCIL PRESIDENT GAMBER Is there anything else? We had commenced our vote we did have a yes vote from Councilman Slagle. Would you please continue? ORDINANCE NO. 30 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 6 YES, 3 NO. CATAZARO-PERRY, MAIER AND PETERS VOTED NO. RESOLUTION NO. 6 2008 BY: COMMITTEE OF THE WHOLE Urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Bank Protection Act, and declaring an emergency. COUNCIL PRESIDENT GAMBER This does come from the committee of the whole so I’ll recognize Councilman Mang. COUNCILMAN MANG Thank you, Mr. President, I in turn will recognize Mr. Dave McCune. COUNCILMAN MCCUNE This continues to be a work in progress we had some discussion on it today even and so I’m going to continue to extend the tabling of this so that we can work it in one more work session. We will bring it back before the body on May 19th. COUNCIL PRESIDENT GAMBER We need a motion to do that, Mr. McCune. COUNCILMAN MCCUNE made a motion to table Resolution No. 6 – 2008 until May 19th, seconded by Councilman Manson. Roll call vote of 8 yes, ! no to table Resolution No. 6 – 2008 until May 5th. Peters voted no. RESOLUTION NO. 6 – 2008 WAS TABLED UNTIL MAY 19TH 2008. 14. THIRD 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 To my knowledge I am not aware of any changes on this piece of legislation. But since I didn’t have the privilege of attending the work session last week I will be more than happy to yield to my fellow council people regarding changes or what have you. Mr. Maier? COUNCILMAN MAIER Yes, I would like to split the question and take Section 108 out of this and vote on it separately. COUNCIL PRESIDENT GAMBER I’ll make a ruling on that, that we can not do that we’re passing this as a budget. COUNCILMAN MAIER Okay. I thought to split the question was always in order if it’s… COUNCIL PRESIDENT GAMBER This is a budget for federal programming we’re submitting as presented if you want to vote no you’re more than welcome to. But we have no provision for separating it I’ll be happy to invite Mr. Aaby forward if that’s alright with Mr. Mang? COUNCILMAN MANG I have no problem Mr. President. COUNCIL PRESIDENT GAMBER Mr. Aaby? Mr. Maier, would you please repeat your request, please? COUNCILMAN MAIER My request would be to split the question on the document take Section 108 out of that question on that document and vote on it separately. COMMUNITY DEVELOPMENT DIRECTOR AABY – In looking at the activities that we’re showing budgeted for $615,000.00 we’re not showing any 108. I’m not sure what you mean by… COUNCILMAN MAIER It showing on the top isn’t it? COMMUNITY DEVELOPMENT DIRECTOR AABY – It shown up at the top as we looking at our funding resources for the program that we’ve got an amount that has to be reserved out for that payment to be made. But its really not part of the budget I mean its something that was when we signed our paperwork with HUD 10 years ago that was what we pledged we would do. So it’s just like an automatic thing that comes off the top. There is really isn’t so we don’t include it in the budget it’s just like any other budget that the city has they have to reserve their money for their general obligation bond expenses and there’s other things. So its just it’s not really a factor that we’re allocating out as a budget. COUNCILWOMAN CATAZARO-PERRY – But Aane if you vote yes on it aren’t you saying that you approve of that expenditure? COMMUNITY DEVELOPMENT DIRECTOR AABY – Not really. COUNCILWOMAN CATAZARO-PERRY – I mean even though it is automatic it’s still council’s voice saying yes to it. COUNCIL PRESIDENT GAMBER There again my ruling is that contract was voted on 10 years ago. As Aane Aaby has indicated that’s an obligation that is taken off the top from what the rest of our budget is. I’ll ask Mr. Mang have you been aware of any conversation like this since you brought this up in February. COUNCILMAN MANG I have no knowledge of anything beyond us. COUNCIL PRESIDENT GAMBER Mr. Aaby has given his opinion does anyone else have a question for Mr. Aaby? COUNCILMAN MANSON I’ve got a question. COUNCIL PRESIDENT GAMBER For Mr. Aaby? COUNCILMAN MANSON Well, for anybody. This is no different than the way we did it last year or the year before right? COMMUNITY DEVELOPMENT DIRECTOR AABY – That’s correct. COUNCIL PRESIDENT GAMBER Are there any other comments or questions regarding the budget? Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY – Unfortunately, when it comes to running for office things like this are used against you because you vote no. I voted no last time due to the fact that this is already taken out its an automatic although I did not vote on it 10 years ago we are pretty much stuck with this. So not that I do not support these other entities; I 100% do support all of these other entities but I will be voting no tonight and I’d like that to be made sure its in the minutes due to the fact that this Section 108 is in there. Again, I do support all of these other entities 100%. COUNCIL PRESIDENT GAMBER You did vote no previously last year? COUNCILWOMAN CATAZARO-PERRY – I have yes, yes I have. COUNCIL PRESIDENT GAMBER Last year? COUNCILWOMAN CATAZARO-PERRY – I believe so. COUNCIL PRESIDENT GAMBER Any other comments or questions. COUNCILMAN MAIER Yes, I will accept what Mr. Aaby and you have said. Its actually not part of this year’s budget its set aside. So I support everything else in there I just don’t support what other council has done prior to us. That’s the way I feel about it. COUNCIL PRESIDENT GAMBER This vote is for the budget that you see presented. A yes or a no vote has no affect whatever on the 108 loan. That’s an obligation of the city at this point. Mr. Mang? COUNCILMAN MANG We had the opportunity have the public hearing, to have the three readings and have the questions and answers brought before this body. I think this piece of legislation is ready to be decided upon. COUNCILMAN MANG moved to bring Ordinance No. 55 – 2008 forward for its passage, seconded by Councilman Hersher. ORDINANCE NO. 55 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. CATAZARO-PERRY VOTED NO. 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 Once again I didn’t have the privilege of being here. I asked the Mayor to come forward and explain the what I have read in the news media regarding this piece of legislation. MAYOR CICCHINELLI – The property owner of the old Fleming Plant has requested a meeting to discuss the zoning that was proposed for his property. That meeting will be held tomorrow. I can only go by what was in the paper I know that there are other companies looking at that location for a facility. There must be one that he feels the owner feels needs a higher classification of industrial zoning. So Mr. Stergios has been in contact and I also have been in contact with the owner’s attorney. They requested a meeting to try to work this thing out. COUNCILMAN MANG So the request here is to table this piece of legislation. MAYOR CICCHINELLI – Indefinitely, I think the only reason indefinitely sir is because there is a requirement of a 30 day notice for another public hearing which we’re going to have to have a public hearing. So the attorneys are going to have to put their heads together to come up with a specified period of time. So I would say indefinitely until we work through that process. COUNCILMAN MANG Hearing the comments brought forth by the Mayor I would make a suggestion in for the form of a motion that Ordinance No. 57 – 2008 be tabled indefinitely. COUNCILMAN MANG moved to bring Ordinance No. 57 – 2008 be tabled indefinitely, seconded by Councilman Mccune. ORDINANCE NO. 57 – 2008 WAS TABLED INDEFINITELY BY A ROLL CALL VOTE OF 8 YES, 1 NO. PETERS VOTED NO. 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 We have had three readings with this piece of legislation. We discussed it again at our work session last Monday. We talked about it at the work session how you know the current legislation that dealing with the our pretreatment policy at the Wastewater Treatment Plant was passed in 1991 like a page long. So its time the EPA did an audit in November and said that this is one of the things that came out of the audit that we need to work on our pretreatment policy. So I do intend to if there are more questions we can get them answered otherwise I do intend to bring it forward for question of it’s’ passage COUNCILMAN HERSHER moved to bring Ordinance No. 59 – 2008 forward for passage, seconded by Councilman Manson. ORDINANCE NO. 59 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. CATAZARO-PERRY VOTED NO. 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 We’ve also taken this is our third reading with this piece of legislation as well. We’ve dealt with it at all of our work sessions. I know some of the questions that have come up have dealt with the amounts of the fines as well as some of the discussion for the excursion period for PH violations. In looking at this again the current ordinance or legislation I believe was also passed in ’91 which you know a long time ago and a lot has changed since then. The current legislation allows at the city’s discretion penalties anywhere from 0 to $1,000.00 it’s a fairly open where I believe this legislation is better for both sides the users and the enforcers at the Wastewater Treatment Plant. Because it leaves no question as to what’s a violation what’s the amount of the violation. Also allows for that 6 minute excursion period that we talked about with the PH violations. So it gives us more flexibility and it also clarifies what’s expected of both sides at the Wastewater Treatment Plant. So again if there are more questions I’d be glad to get them answered otherwise I do intent to move for passage this evening. COUNCILMAN HERSHER moved to bring Ordinance No. 61 – 2008 forward for passage, seconded by Councilman Slagle. ORDINANCE NO. 61 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. CATAZARO-PERRY VOTED NO. 15. SECOND READING ORDINANCES AND RESOLUTIONS 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 I do have a question the advisory committee that has been appointed and will report back on June 8th. What will advisory committee have to do with this piece of legislation, anything? COUNCIL PRESIDENT GAMBER I’d like to refer that to Mr. Townsend as chairman of the committee. COUNCILMAN TOWNSEND – Not necessarily it wouldn’t have any direct relationship with it. No, it wouldn’t have anything to do with this. COUNCILMAN MANG Second reading. ORDINANCE NO. 64 – 2008 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILMAN MANSON Just to remind everybody that next Monday we’ll have the auditor and the Mayor in to talk about finance. I’m also I’m not anticipating solving anything or resolving anything at this meeting but this would be the first one and I intend to do this a couple of times over the next few months. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN TOWNSEND – I move that we adjourn, seconded by all.
|
©Copyright 1998 - present City of Massillon.
All Rights Reserved
Designed and Maintained by Imaging
2000 Web Design