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COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, May 7, 2007. We have in attendance with us this evening: Safety Service Director Loudiana, Auditor Hamit, Law Director Stergios, Engineer Dylewski. Police Chief Williams, Fire Chief Burgasser and Community Development Aaby. 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, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN – I’d like to move to excuse Councilman Mang excused, seconded by Councilman Manson. Councilman Mang was excused by a roll call vote of 8 yes. 2. INVOCATION COUNCILWOMAN FERRERO – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN FERRERO – Chairperson of the Health, Welfare and Building Regulations Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA TED BRUNKER – From G.G. Grimm Company and on the agenda tonight is the bids for the police cars. I just had a question about the bid. Can I pass these out is that alright? COUNCIL PRESIDENT GAMBER Can you describe what it is you’re passing out? Mr. Manson, can I have one please and one for the Clerk. Thank you. I’m sorry describe again what this is sir? TED BRUNKER – This is the actual bid sheet from the day of the bid opening. This is the actual sheet from when or a copy of it from when the bids were opened for the police car bids. If you’ll look at the highlighted parts on there you’ll see that in the actual first column that’s highlighted it says “bids” and if you add ours together it comes out to the figure that’s over to the right that’s highlighted again that was written in. Then the next column down is Waikem’s bid and that figure doesn’t correspond it’s not the same as the figure to the right. COUNCIL PRESIDENT GAMBER Alright what I will do is refer this to Mr. Maier chairman of our police and fire department. Mr. Maier, how would you like to proceed? COUNCILMAN MAIER – I would like to know why there’s a $300 and some difference in the total cost and total bids. I don’t understand that myself. COUNCIL PRESIDENT GAMBER Mr. Loudiana, are you available to comment? Call the safety service director forward please. SAFETY SERVICE DIRECTOR LOUDIANA – That sheet of paper you have is not an official document. This is just what they used when they opened the bids, they’re later reviewed by the department head and the engineer. The actual bids and I have the actual bids here if anybody wants to see them would be Waikem’s bid for lease was $62,858.64, Grimm’s bid for lease was $57,491.05. COUNCILMAN MAIER – I’d like to see those a copy of those original bid sheets. COUNCILMAN BRYAN Well, its going to be difficult since he doesn’t have them to look at, but I think our safety service director maybe didn’t say what he meant. If I heard him right he said that Grimm’s bid for lease was $62,898.00 but on this sheet that’s Downtown Ford’s bid. SAFETY SERVICE DIRECTOR LOUDIANA – Okay, maybe I had their sheet. COUNCILMAN BRYAN Or, say it again, Mike. I got confused. SAFETY SERVICE DIRECTOR LOUDIANA – Alright, G.G. Grimm is $57,595.31, Waikem’s bid is $57,491.50. COUNCIL PRESIDENT GAMBER And the $62,000.00 one? SAFETY SERVICE DIRECTOR LOUDIANA – The $62,000.00 is okay the $62,000.00 would be Downtown Ford $62,858.64. COUNCILMAN MAIER – Yes, is that the yearly lease or is that the total cost? SAFETY SERVICE DIRECTOR LOUDIANA – That’s the yearly lease on each one. COUNCILMAN MAIER – Okay, because on the total cost here the numbers are different and you’re saying that this bid sheet means nothing? SAFETY SERVICE DIRECTOR LOUDIANA – The only thing that we’re interested on the bid sheet is the lease amount. The other figures are what they apparently their figures to be honest I don’t know what they mean. I’m sure they factor in the percentages and so forth. We are going with the lease and the lease figure is very adequately spelled out on the bid under “total yearly lease amount”. COUNCILMAN MAIER – Were you there Mr. Loudiana on the bid openings or… SAFETY SERVICE DIRECTOR LOUDIANA – No, I wasn’t. COUNCILMAN MAIER – Okay, how does that process work who’s usually there? SAFETY SERVICE DIRECTOR LOUDIANA – In this case, it was the engineer and the superintendent of streets Mark Lightfoot. COUNCILMAN MAIER – Okay, on this bid sheet here that was passed around I have here there’s some scratch outs on there and so forth. What’s that mean? SAFETY SERVICE DIRECTOR LOUDIANA – This means nothing. This is a working sheet it has nothing to do with it. The actual bids are right here this is just… COUNCILMAN MAIER – Okay, well I still don’t have a copy of those and I would like to have a copy of those. The…so what sheet do you work off of then? SAFETY SERVICE DIRECTOR LOUDIANA – We work off of the actual bids they just log these bids in. Okay, then later they sit down and figure “I’ll make sure everything was included in the bid” and determine what bid won. Who won the bid. COUNCILMAN MAIER – And how is that determined then? SAFETY SERVICE DIRECTOR LOUDIANA – Lowest and best bidder. COUNCILMAN MAIER – Was the department head asked whether you know about the bids at all as far as lowest and best bidder? Because you said he was when you first stood up there. (Yes) So the police chief was asked whether… SAFETY SERVICE DIRECTOR LOUDIANA – Oh, not the police chief, no. COUNCILMAN MAIER – Oh, who’s the department head then of the police department? SAFETY SERVICE DIRECTOR LOUDIANA – The department head would be Lightfoot the street department. COUNCILMAN MAIER – Oh, okay, so the… SAFETY SERVICE DIRECTOR LOUDIANA – That’s what the cars would come under that department. COUNCILMAN MAIER – So the people that actually are going to use the equipment don’t have any say so in it? SAFETY SERVICE DIRECTOR LOUDIANA – No. COUNCILMAN MAIER – So if the fire department bids out for some fire trucks they don’t have any say so in what they’re getting? SAFETY SERVICE DIRECTOR LOUDIANA – Well, the police have a say so they looked at the spec sheet we made sure the police force got the spec sheet before it when out to bid. Same thing with the fire department they would get a spec sheet but the bids come in and it would be looked at by me, the engineer and probably the street department again. COUNCILMAN MAIER – So and there’s $80.00 difference on the yearly lease. I understand that the G.G. Grimm bid had the LED light bars which saves batteries and alternators and is more expensive to start with was that looked at do you know? SAFETY SERVICE DIRECTOR LOUDIANA – All we did was spec what we wanted what they bid on as long as it was spec then we accepted the bid. COUNCILMAN MAIER – So it’s not necessarily the best bid if it’s going to eat up alternators and that type of thing. I’m just questioning how that process was done and if this I guess if there’s scratches off on this bid sheet if we can’t afford an extra bid sheet we probably ought to print a new one up rather than scratch it off. It just doesn’t look professional for a city to do that type of thing. COUNCIL PRESIDENT GAMBER Mr. Loudiana, who’s handwriting or who actually wrote that number? SAFETY SERVICE DIRECTOR LOUDIANA – This document here (yes) this was probably Mark Lightfoot when he logged everything in. COUNCIL PRESIDENT GAMBER And those are handed out to everyone who’s present for the bid? How did the gentleman from Grimm get this? SAFETY SERVICE DIRECTOR LOUDIANA – I don’t know. COUNCIL PRESIDENT GAMBER Is that something that he would normally… SAFETY SERVICE DIRECTOR LOUDIANA – We normally would only have one sheet then unless somebody unless he requested it. COUNCILMAN MAIER – So Mr. Gamber, Mike, I guess my question is this public record then this sheet. (I would assume it is) Okay, then it is an official… COUNCIL PRESIDENT GAMBER There’s no problem with him having it I’m just trying to follow the flow here. COUNCILMAN MAIER – It is an official document. (Certainly) So if its an official document… COUNCIL PRESIDENT GAMBER But it’s a worksheet I’m not saying it’s the final document that they make a decision from. It’s part of the process Mr. Loudiana has said it’s a worksheet subject to error. I do have the bids here from three different auto companies and I’ll ask the Clerk to make a copy of this. COUNCILMAN MAIER – I have no problem at all as to who gets the bids I just want to make sure that there’s nothing I can’t understand why on the total cost it went from $163,787.50 to $163,450.00 with no change on the total bids at the end of the column. I can’t understand where $300.00 went it just I can’t figure that out. COUNCIL PRESIDENT GAMBER Stipulating that it is a worksheet and not an accounting document there are questions there and I would suggest possibly we delay this till the end of the evening and possibly take a recess so that you and Mr. Loudiana can look at the documents to be sure that we have our numbers correct before we move for a vote. SAFETY SERVICE DIRECTOR LOUDIANA – Well, here you can have the documents. I mean we did everything according to the way the bids should be done. Mr. Maier’s questioning the penmanship on the form. This is a working sheet when they pulled out the bids somebody writes them down sometimes they didn’t get the right figure they’ll right it down. This is not the way we award the bids on. We award the bids on the actual contract. COUNCIL PRESIDENT GAMBER Mr. Maier, the gentleman from Grimm would like to come forward. COUNCILMAN MAIER – Did you have anything else? TED BRUNKER – One of the things when I bid the rate why the lease payment is actually lower is I bid a safe rate because I didn’t know when we’re going to order the cars, when you guys are going to receive the cars. So instead of I didn’t want to back pedal and say “well, now I can’t do that its going to be lower”. Actually if I go with an actual rate right now my rate would be 5.43 which would put us under what they’re bid would be for the lease also. Another thing, this is if I may… RYAN CHINHOUR - I own Vehicle Solutions. I outfitted some of the Massillon cop cars last year. I once again was asked to bid for the process of this stuff for the new cars. Upon talking to Mr. Lightfoot he had asked me if we’re going to go with the new Dodge Chargers which a lot of the police departments are looking at getting. He said “lets go ahead and put some newer updated lights on the vehicles”. The street hog light bar has been out for since 1985, 1986; it’s a very old, very large, it catches wind like the front of a semi. I bid out a whole LED light bar packet similar to the well exactly the same as the Stark County Sheriff’s all use. My light bar compared to what a street hawk light bar is is about $700.00 more. So if I would of if Mr. Lightfoot would have asked me to put a street hawk on the dodge we would have been about $700.00 cheaper per car other than the chief’s car on our bids. So he’s the police department is getting an updated light bar less wind drag it draws half as much power as the street hog light bar. The light bulbs in it require about every 100,000 hours instead of every 6, 7 months to be changed out. All around I’m looking at the fleet maintenance compared to you know as far as aerodynamics how often the cars are out of service to have the light bulbs replaced things like that. So like I said if you’re going to look at the best cheapest bid you know how can you beat light bars that don’t need to be pulled apart every 6 months to have light bulbs replace and have the car out of service for this and that. I mean, that’s one thing I’d like to add as far as our quote for G.G. Grimm was brought forth. COUNCIL PRESIDENT GAMBER Mr. Maier, we’ve had comments and we’ve had some responses what would you like to do here? We’re not at your ordinance yet. COUNCILMAN MAIER – That’s correct, I guess at this point I’d like to find out what the director and the chief would like to do with this ordinance. If they want it to go tonight or what they want to do with it. SAFETY SERVICE DIRECTOR LOUDIANA – Well, I can answer that. I mean I won’t answer for the chief but I want it to go. We had a bid, everybody got the same specs they were to bid according to the specs, we opened the bids and we came up with the lowest bid. I mean case closed, what else do you want to do. Every time you have a bid opening you can’t go back and reopen it and have this guy bid and the other guy’s going to say “well, I could have done this or I could have done that”. COUNCILMAN MAIER – Well, we’re not asking for reopening I don’t know if the department head of the vehicles which would be Mark Lightfoot understood that there was equipment on there that was worth $700.00 more per car. I don’t know if he did or not, but if you think it’s the best bid Mr. Loudiana to throw away $700.00 per car we’ll vote on it tonight. SAFETY SERVICE DIRECTOR LOUDIANA – Fine, we bid legally its unfair to the other people that bid they bid according to the spec they didn’t come back and say “well, we only need 3 wheels and not 4” then come back and say “we need a different light bar” they didn’t come back and say “we need another radio” they bid according to the specs. That’s the way the game is played. COUNCILMAN MAIER – I didn’t say it wasn’t Mr. Loudiana. SAFETY SERVICE DIRECTOR LOUDIANA – And to come back now and say “well, we don’t like the light bar because it costs $700.00 more”. COUNCILMAN MAIER – I didn’t say it was I was just saying you said it was best or cheapest bid and you know if the light bar actually is $700.00 cheaper per car and it’s only $88.00 difference for the whole package my goodness we would be getting a pretty good deal to get with this other deal. But its up to you Mr. Loudiana, if that’s what you want us to do that’s what we’ll do. SAFETY SERVICE DIRECTOR LOUDIANA – I would appreciate it. COUNCILMAN MAIER – Okay. COUNCIL PRESIDENT GAMBER Mr. Loudiana, another question. As far as the specs the police department put the specs together? SAFETY SERVICE DIRECTOR LOUDIANA – Well, the street department put them together, but we gave them to the police department to look at and to go over. Which has never been done before and the chief is here and I’m sure he’ll attest to that. COUNCIL PRESIDENT GAMBER Thank you. You can have discussion later when this ordinance comes up. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Councilman McCune, you have a request? COUNCILMAN MCCUNE Yes, I would like to move Ordinance No. 41 & 42 to the fore front as we have people who would like to probably like to speak a little bit on it. COUNCIL PRESIDENT GAMBER Any objections to moving those two ordinances forward? If not we will do so. ORDINANCE NO. 41 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Application for the Community Development Block Grant Program. COUNCILMAN MCCUNE Yes, due to some allocations being changed on the CDBG program I would like to take this back to first reading. I mean we have to amend the allocations to meet the changes and due to the allocations change the amendment in the allocations I’d like to take it back. COUNCIL PRESIDENT GAMBER Alright, we need to amend the ordinance to reflect the current attachment (correct) and once that amendment has been approved it does go back to first reading. Then move to suspend the rules and then we can vote on it. COUNCILMAN MCCUNE moved to amend the CDBG allocation, seconded by Councilman Townsend. COUNCILMAN BRYAN Before I vote on this I want to be clear what’s going on here and put this on the record so later on I’m not caught short. We’re increasing two items by $3,000.00 each and we’re decreasing Massillon Main Street by $6,000.00. But there were some discussion at the work session that later on in the program year it’s our intention to put the $6,000.00 back in Main Street because I won’t vote for this if it’s just cutting Main Street to benefit these other two. COUNCIL PRESIDENT GAMBER That’s my recollection I would suggest Councilman McCune that you have Aane Aaby come forward. COMMUNITY DEVELOPMENT DIRECTOR AABY – Yes, based on the discussions from the committee meeting I’ve gone and made some changes to the narrative that we’re filing with the application to that affect that we would be putting $6,000.00 additional money towards Massillon Main Street in the summer of this year when other revenues come in. So that we don’t have to go back and do an amendment to our budget that we’ve already accounted for the fact that this is what we intend to do. COUNCILMAN MCCUNE That’s what I remember discussing last week. Tim, are you okay with that? COUNCILMAN BRYAN Yes, I want to get it on the record solved in case I run into somebody from Main Street tomorrow and they say “I cut their budget by $6,000.00. COUNCILWOMAN CATAZARO-PERRY I’d like to ask the law director I sit on the board on two of these entities and I’d like to abstain from voting what’s your opinion on that? LAW DIRECTOR STERGIOS – Well, this has come up every year when we do this and a lot of you sit on boards I think. We have two options who else is going to have to abstain let’s think of that first. Anyone else… COUNCILMAN PETERS – Are you talking about being on a board of any one of these organizations? (Yes) I mean everybody could abstain this is small time I’m not abstaining I don’t care if I am on one. COUNCIL PRESIDENT GAMBER The standard procedure in the past has been membership on the board does not affect the vote unless if directly pays your salary or benefits it you somewhat financially. LAW DIRECTOR STERGIOS – And I think we’re safe to follow that procedure you’re not benefiting financially from any of these things. Everybody abstain we couldn’t vote. So I think that’s safe. Roll call of 8 yes to accept the amendment. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 41 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. Rezoning a certain tract of land from R-T Two Family Residential and RM-1 Multiple Family Residential to R-1 Single Family Residential for further development of Ballinger Estates. COUNCILMAN MCCUNE This is third reading tonight. I wanted to provide anyone in the audience that wanted to come forward and speak to do so. We had a hearing prior to the meeting tonight we had one question and it kind of peaked my interest in that there were some confusion about multiple families living in a single residence. Aane made that very clear that this would be amending it to go to a single family residential and not a multi family. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 42 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 50 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Rezoning a certain tract of land from B-3 General Business and I-1 Light Industrial to B-2 Central Business District. The property is located on the west side of Tommy Henrich Dr NW. The applicant is the City of Massillon. COUNCILMAN MCCUNE Yes, this is going to be a first reading for this ordinance. We will have a public hearing for this on June 4th at 6:30pm. ORDINANCE NO. 50 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 51 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Rezoning a certain tract of land from RM-1 Multiple Family to B-2 Central Business The property is located on the block bounced by Federal Avenue NE, 3rd Street NE, North Avenue NE and 4th Street NE. The applicant is Mike Boylan. COUNCILMAN MCCUNE This will also be a first reading. We will have a public hearing for this on June 4th at 6:35pm. ORDINANCE NO. 51 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 52 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Rezoning a certain tract of land from RM-1 Multiple Family Residential to I-1 Local Business. The property is located on the south side of Lincoln Way East between 22nd Street SE and 23rd Street SE. The applicant is Carl Oser. COUNCILMAN MCCUNE This will also be a first reading. We will have a public hearing for this on June 4th at 6:50pm. ORDINANCE NO. 52 – 2007 WAS GIVEN FIRST READING.
ORDINANCE NO. 53 2007 BY: ENVIRONMENTAL COMMITTEE Accepting the replat of Lots 17112, 17113, 17114, 17115, 17116 and 17117, located on the north side of Hankins Road NE, west of Valerie Avenue, including the dedication of a 20 foot drainage easement. COUNCILMAN MANSON Yes, we discussed this at last week’s committee session. It was acted on at the planning commission meeting on March 14th. The applicants are Debbie Ferrante and Gino and Louisa Perciballi. I’ll read what they said at the planning commission meeting “although the replat of the lots was approved by the planning commission the drainage easement is subject to review by city council for this reason this matter is being forwarded to the environmental committee for action by city council.” “A map of the area is also enclosed if you have any questions please contact the city engineer’s office at your convenience”. We have the city engineer here if there’s any questions we can ask him right now we went through this pretty thoroughly the other night. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 53 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 54 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Safety Service Director to vacate existing 10 foot wide sanitary sewer easement and dedicate a new 25 foot wide easement located on Parts of Out Lot 378, between 16th Street SE and 20th Street SE, north of Harsh Avenue. COUNCILMAN MANSON Yes, we discussed this at last week’s committee session. This was acted on April 11th by the planning commission. It’s a dedication for a vacation for a sewer easement; the old sewer ran directly through the field where the new indoor athletic complex is going to be built. This is route it basically 90 degrees around it. Everybody has a map showing the lay out of the sewer. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 54 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 55 2007 BY: POLICE AND FIRE COMMITTEE Authorizing the Director of Public Service and Safety to enter into contract with Waikem Auto Group for the lease/purchase of six (6) police cruisers for the Massillon Police Department. COUNCILMAN MAIER Yes, there’s been some discussion on this I’ve done some research on it I’d just like everyone to know that I do have a responsibility of chairing police and fire to look into how Massillon spends their money on equipment. To see if we’re getting the best bang for our buck. I also have the authority to do that as chair of that committee. I’d like to make a couple of things throw a couple of things out here at $700.00 per car that’s $2,800.00 you minus the $80.00 difference we’re losing $2,720.00 off the difference of the equipment alone and the dodges upon a little research actually sticker for about $2,00.00 higher so 2 X 6 is $12,000.00. I don’t feel we’re getting the best bank for our buck, but the administration wants this pass so I’m going to put it up for a vote tonight. COUNCILMAN BRYAN Is it in order to move for its always in order to move for a recess I believe. COUNCIL PRESIDENT GAMBER Before we do that I would suggest we call the law director forward to discuss the fact that the bid was legally… COUNCILMAN BRYAN I’ve got a motion. COUNCIL PRESIDENT GAMBER I’d like to do that on the record rather than a private discussion is my point. Then after we get an answer from him if you would like to I’ll entertain a motion to go… COUNCILMAN BRYAN Well, none of us have asked the law director to come forward. COUNCIL PRESIDENT GAMBER That’s why I’m making a suggestion. COUNCILMAN BRYAN Okay, it’s a suggest I take it as that. But I want to move for a five minute recess, seconded by Councilwoman Catazaro-Perry. We back in session. COUNCIL PRESIDENT GAMBER Mr. Maier, you have the floor. COUNCILMAN MAIER Yes, Mr. Waikem is here and he would like to talk and I have no problem with that. He did not get to talk at the beginning of the meeting and this does affect his dealership. Like I said early on I don’t care who gets the bid we just want to do the right thing for the citizens and the police department. COUNCIL PRESIDENT GAMBER Alright, we’ll bring him forward in a moment. What is your intention as far as this ordinance? COUNCILMAN MAIER As far as I’m concerned we’re going to bring this forward for a vote tonight after we have a little bit more discussion I believe. DOUG WAIKEM – I wish I’d bet on Florida, I didn’t I bet on Ohio State. When we do these leases you take chances. The interest rates can go up, the interest rates can go down, we took a chance we put our best foot forward we won the lease. We did what you gave us if you want to change if you want better light bars quite frankly the ford might have better tires, may have a bigger battery, might have a better alternator. I mean I don’t know how many components are in an automobile that you look at. But there’s pros and cons to both cars. We bid it, we bid it by your specs if you want to improve them specs and Chuck I think you’d be a perfect person to do that because of your experience. Do it on the spec sheet, not after bids have gone out and we bid on it in one bid. We can get into splitting hairs and a car costs $2,000.00 more that figure is the figure that Chrysler put on that vehicle. Obviously, it was a little bit too high because they’re not selling very well. Ford had the crown vics out for a long time it’s a safe vehicle the police department knows the car. My understanding is the chief got to see the bid everything was up front, everything was straight forward and we won the bid. Sounds like we barely won it, but it sounds like we won it. We are willing to cooperate on payment we were willing to do that. You asked us to give it to you in writing we agreed to do it. We were never instructed how to do that whether to email it, fax it, somebody’s going to pick it up or we were to mail it. We never did do that, but our promise still stands we can work with the city and delay some of the funding and the payments to us we’ll be glad to do that. We are after all hometown boys we don’t we’re not Dalton Bulldogs. Okay, thank you. COUNCIL PRESIDENT GAMBER I’d like to mention to council that the option before you, you either vote for this or vote against it or give it first reading. We can not go in and change any of the specs tonight or do anything along those lines. COUNCILWOMAN FERRERO – I’d like to bring the city law director forward, please? Mr. Stergios, I would like to know what your thoughts are on this and how the city stands on this since we’re already put it out to bid and we’ve got the bids in. LAW DIRECTOR STERGIOS – I think the President put it so right, either vote for it, vote against it or give it first reading. We’re not here to micromanage and pick light bars and batteries and alternators. The bids came in, the Board of Control has the discretion and responsibility to accept what in their opinion is the lowest and best bidder. They did that and what it is here is authorization to enter into the contract. So the rest of it in my opinion not for tonight’s discussion. It’s done, its over with. COUNCILMAN MAIER Okay, like I said in the beginning Mr. Waikem’s done a lot for the city I’m not trying to take shots at him believe me I’m not. Just with what the information that’s been brought to me it just didn’t look right the sheet that we were passed out tonight had some incorrect figures on it and you know it just brings a lot of things into questions. So and then the guy from G.G. Grimm came over and asked me why then did Mr. Lightfoot tell them that he would prefer that they would bid it with the bigger light bar with a different light bar. I guess I can’t answer that question. COUNCILMAN MAIER moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 55 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 56 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Accepting the vacating a certain public alley located between Tremont Avenue SE and Vermont Avenue SE. COUNCILMAN PETERS Yes, this is a simple replat we discussed it at our work session last Monday. I believe there was only one question and Mr. Bryan asked that and I believe his question was answered. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 56 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 57 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund, Capital Improvement Fund and the Massillon Police Department Safety Forces Equipment Fund, for the year ending December 31, 2007. COUNCILWOMAN CATAZARO-PERRY Section 2 we will need to amend before we can vote on this ordinance. It should also include the verbiage “can not be dispersed until 6/4/2007” for the police cruisers. COUNCIL PRESIDENT GAMBER Where would you like that inserted? COUNCILWOMAN CATAZARO-PERRY Section 2, where it says “we will appropriate the money for the year ending December 31, 2007”, we should add in “can not be dispersed until June 4th 2007”. Could I have the law director come to the podium please? Mr. Stergios, isn’t that what we discussed and should have been on the ordinance. LAW DIRECTOR STERGIOS – After we discussed it and I don’t mind putting it there, but considering the ordinance that we passed with Waikem’s we had that in the other ordinance in 54 – 2007 that the first payment would be not due until after June 4, 2007. I don’t mind putting it here also that’s why I didn’t add that because after I talked to you I saw that we had two ordinances. So that’s fine to have it in both places if that’s what council wants to do. So that’s all I wanted to comment on. COUNCILWOMAN CATAZARO-PERRY I would appreciate it if we could add that in this one as well that they all will match then and be consistent. COUNCIL PRESIDENT GAMBER Everyone in section 2 after December 31st 2007 add the words “not to be dispersed until June 4, 2007”. COUNCILWOMAN CATAZARO-PERRY And just to add a little bit of credibility to that statement is council passed legislation with the budget that we would not approve capital improvement dollars until after June of 2007. This allows council to follow through with what we passed originally. So it gives all of us credibility as to what we originally passed I believe it was January 2nd or 4th. COUNCILWOMAN CATAZARO-PEERY moved to amend Ordinance No. 57 – 2007, seconded by Councilman Bryan. Roll call vote of 8 yes to amend Ordinance No. 57 – 2007 COUNCILWOMAN CATAZARO-PERRY Section 1, we are going to appropriate from the wastewater capital improvement fund $98,600.00 for the Harsh Avenue sanitary sewer relocation that’s our drain project. Section 2, we’re going to appropriate from the capital improvement fund after June 4th 2007 $57,491.05 for the police cruisers lease and that will be 6 cruisers. Section 3, is to appropriate from the Massillon Police Dept safety forces equipment fund $6,200.00 and that will go towards computer equipment for the detective bureau. COUNCILMAN BRYAN I have a question for the safety service director. Mr. Loudiana, what do we do with the police cars that we’re replacing how do we dispose of them? SAFETY SERVICE DIRECTOR LOUDIANA – Well, probably have them on stand by for awhile and then we’ll have an auction on them. COUNCILMAN BRYAN Do we have annual auction? SAFETY SERVICE DIRECTOR LOUDIANA – Well, I don’t know if you’d call it annual. Every once in awhile we just go up and clean everything out. A lot of times what they’ll do is take parts off of one to keep them going because we can use the extra parts, you can always use an extra car or two. 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 89 yes. ORDINANCE NO. 57 – 2007 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 MCM ENTERPRISES OF MASSILLON LLC DBA MENCHES BROTHERS RESTAURANT OF MASSILLON 235 LINCOLN WAY W MASSILLON OHIO 44647 COUNCIL PRESIDENT GAMBER Mr. Maier, do you have a copy of all of that? COUNCILMAN MAIER – Menches isn’t in the second ward is it? COUNCIL PRESIDENT GAMBER I believe it is. COUNCILMAN MAIER – Okay. No, I don’t have a copy of that. COUNCIL CLERK MARY BETH – Yes, you do; check your mail. COUNCILMAN MAIER – Because I looked through it and didn’t see it earlier. But alright. 9. BILLS, ACCOUNTS AND CLAIMS 1. POLK DIRECTORY - $408.50 COUNCILWOMAN CATAZARO-PERRY I move that we pay the bills, seconded by Councilman Bryan. Roll call vote of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY REPORT FOR MARCH 2007. COPY FILE COUNCILWOMAN CATAZARO-PERRY I move that we accept the auditor’s report, seconded by Councilman Peters. Roll call vote of 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday, May 14th starting at 5:45pm. Are there any committee reports? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MANSON Yes, just before tonight’s meeting I talked to Jeanette Mullane at the board of elections and they have a serious need for some help at Emerson School and also in Canal Fulton. If anybody knows anybody have them get a hold of the board of elections. There’s somebody there I think all day long, all night long right now. Or I can give you Ms. Mullane’s phone number. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS – Was already taken care of. .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILWOMAN FERRERO – I move that we adjourn, seconded by all.
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