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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, May 15, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Pat Pentello from the Auditor’s Office, Law Director Stergios, Engineer Dylewski and Fire Chief Layne. 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 move that we excuse Councilman Mang, seconded by Councilman Manson. Roll call vote of 8 yes to excuse Councilman Mang. COUNCILMAN BRYAN I move that we add Ordinance No. 81 to tonight’s agenda, seconded by Councilman McCune. Roll call vote of 8 yes to amend the agenda. 2. INVOCATION COUNCILMAN MCCUNE led the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MCCUNE Chairman of the Public Utilities 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 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 72 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN TOWNSEND – Initially this ordinance gave the Director of Safety Services permission to bid for 2 lots located on 1st Street NW. After the bidding was completed only one company F & M Properties bidded for the 2 lots. F & M has offered the city $17,500.00 for both lots. That’s all I have. COUNCIL PRESIDENT GAMBER Mr. Townsend, I had a request from someone in the audience to describe where this property is located. COUNCILMAN TOWNSEND – To my understanding it’s at a dead end located by the Buckeye Club on 1st Street little bit before the Rec. Center to my understanding; its 1st Street NW, I’m sorry. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman MCCune. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 72 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 73 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN TOWNSEND –.I would like to give it first reading. ORDINANCE NO. 73 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 74 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON Yes, we discussed this at the committee meeting last Monday. Mr. Loudiana was here and explained this. The way I understand it we it’s an extension of an agreement we already have. The first year I think is the same rate that we are paying right now and then there will be a cost of living increase based on the CPI in the second and third years of the contract. Mr. Loudiana isn’t here, but I’m sure the Mayor could give us some help if anybody has any questions. 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. 74 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 75 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON This is dividing they’re replatting this and dividing this up into 4 different plats. There were a couple of questions the other night that I think that I have answered now. I talked to Mr. Aaby and he had checked with the engineers. There’s a line shown a sewer line shown under the storm sewer line under the Great Escapes Theater. That is an old line that has been vacated before and also coming off of Cherry there’s a replat of that area where the entrance is that is actually the way it is right now. That’s not going to be any bigger that what it is right now. They’re just clearing up the plat on it. COUNCILMAN BRYAN Do you know, Mr. Manson, do we have now I think we used that entrance and exit to get to the back of the Rec. Center for instance to haul away the trash. COUNCILMAN MANSON I know how you mean; that little alley or whatever behind the Rec. Center. COUNCILMAN BRYAN Yeah and its also I think for fire protection purposes that we need to be able to get in and out of there. Will we still have the access for to get our trash in and out through this same? COUNCILMAN MANSON Like I said it’s already you know it’s already constructed like that. So I would assume that, but Mr. Mayor could you answer that question for us? Perry? LAW DIRECTOR STERGIOS – I believe from prior discussions with Mr. Hamit that if you look at the last paragraph or the last sentence in section 1 there’s going to be separate easement dedicated by separate plat along the south side of Cherry Road at the location of the former well no that’s I know that that’s been discussed and has always been the plan. Now that sentence might mean something different, but that’s always been the intention they have to leave this access to get back there. COUNCILMAN BRYAN Is this just an easement that we’re granting them in this little square down here? LAW DIRECTOR STERGIOS – Well, it’s dedicating it as an easement for private ingress and egress to these other two lots because they really don’t have any frontage on a public street. But my understanding is the back part is all going to stay the same because we have to get back there. COUNCILMAN BRYAN Okay, but if we’re just granting them an easement that means we still… LAW DIRECTOR STERGIOS – No, they’re dedicating the easement; that’s not us granting them an easement they’re dedicating one on land that they own for ingress and egress the out lots that are being created by the replat. COUNCILMAN BRYAN Okay, so any ingress or egress easement we have would be in the original documents that wouldn’t really be changed by this. LAW DIRECTOR STERGIOS – Right and I think by default if there’s a road there we can go across if an emergency situation anyhow. I think its okay maybe the Mayor can add more. COUNCILMAN MANSON moved to suspend the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 75 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 76 2006 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE COUNCILWOMAN FERRERO – Okay, this is for the City Annex Building and the Huntington Bank building. What they are going to do is they’re going to fix the curbs, the sidewalk and put in a disability ramp as well as fix the steps that are going down on the city side. This is just so that the engineering department can come in and we’re not having competitive bidding it’s going to McCoy Associates for their engineering services. The cost will not exceed $6,000.00. If you have any questions I’ll be happy to answer them, if not I will be asking for emergency measure tonight. I do want to state that I do work at Huntington Bank, but I don’t have a financial interest in the building or do we pay $1.00 rent to the City of Massillon. So I wouldn’t think that would be any kind of conflict for myself at this point. Law Director, you can come up and say what you think. I’m calling you forward, so just to make it clear I wanted to have your opinion on whether or not you think that I should be voting on this Ordinance No. 76. LAW DIRECTOR STERGIOS – I don’t believe that Mrs. Ferrero has any sort of conflict or anything that would prohibit her from voting on this ordinance based upon the fact that the City owns the building and the fact that you work for Huntington I don’t think it creates any problem on this type of thing. COUNCILMAN BRYAN I have a question for our City Engineer. At our work session a question arose as to why we needed an outside engineering firm for this work. Could you help us with that question, why we can’t do the engineering ourselves? ENGINEER DYLEWSKI – From what I’m aware of what’s going to be done there’s some structural work being done and that’s getting some specialty work and I think it was decided that that should be subbed out. COUNCILWOMAN FERRERO 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. 76 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO. BRYAN VOTED NO. ORDINANCE NO. 77 2006 BY: PARKS AND RECREATION COMMITTEE COUNCILMAN BRYAN I’ll try to say a little bit about this ordinance then I’m going to ask the Mayor to bring us up to date. The Mayor spoke to us I think a couple of weeks ago on this. The City of Massillon first placed an option to buy this property a couple of years ago with Mr. Cottrill and its been extended one time. The option to purchase this property is set to expire on May 20th; so back in April the Mayor, the Law Director, myself, the Park and Rec. Director met with the Cottrills and their attorney in an attempt to work something out that we could secure this property maybe not have to pay the entire amount upfront. Because we have sources for the dollars to be spent, but we don’t have all the dollars in hand yet. So at our work session the Mayor pointed out the 4 different sources where we were going to get the money and then said that in the intervening couple of weeks they would be attending meetings etc and talking to the donors. So I’d like to have the Mayor to come up if he would please. Mr. Mayor, could you just bring us up to date on the funding sources and what progress you’ve made. MAYOR CICCHINELLI – The funding sources have not changed. There was an Enroc meeting scheduled for last week that was cancelled it’s going to be held this Thursday. However, I’m happy to report that the funding for this parcel I’ll repeat $200,000.00 will come from the Aultman Health Foundation, $50,000.00 for 2005, 2006, 2007 and 2008; I have been in contact with Aultman to keep them informed to what’s going on. The archeological report that is necessary to get the state funding the $200,000.00 that we’re getting from the state the tentative report came back positive. Which means that they don’t feel there’s anything there that would negate their participation. As of this date we have not received the $200,000.00 however, we feel very strongly that in the very short period of time that $200,000.00 will be sent to the city by the State of Ohio. Ken is working very diligently to working with them so those dollars will be forthcoming. So that gets us to $400,000.00 you know our plan as far as the Enroc board which Thursday they are going to appoint new members to that board and then call a meeting of that board. It’s our hope that we can convince them that they give us the $180,000.00 that the City of North Canton has turned in because they are not going to do the project that they thought they were going to do. If they don’t do that they will get that $180,000.00 and recirculate it for the dollars I think it’s a little over a million dollars that they are going to get from the state. It appears and I repeat it appears that the Enroc board will look favorable upon our project. The reason I say that is we finished I believe 5th before and the other I believe that’s we finished in position that did not get funded may have been 3rd or 4th. But it doesn’t matter the point is they ranked our project high last year and we think that they’ll rank it high this time. It’s just a question of when that if they approve it when that $180,000.00 will come in. They operate on a fiscal year budget so those dollars will be some will probably be available sometime in late fall. If that’s the case you can that all up and that gives you $580,000.00. We are going to attempt to seek other types of grant monies however I think it’s worth the city through its Park and Rec. Department of putting in that extra $50,000.00 to go ahead and acquire it one way or the other. So that gives you a little idea so we can have a 76 acres tract of land that will be preserved for future for present and future generations for recreational purposes on our west side of town and only have $50,000.00 maximum in of city dollars. So I think it’s a good deal; and that pretty much updates you. I think that it moves us forward with this project because time is of the essence to get this done. I’ll be more than happy to take any questions. COUNCILWOMAN CATAZARO-PERRY – Mr. Mayor, I realize that we possibly have secured the majority of the funding. But the down payment for the month of June where is that $200,000.00 coming from? MAYOR CICCHINELLI – We are going to work with the Aultman Health Foundation to give us a portion of those dollars and also the rest will come out of the Park and Rec. Department. As soon as the state dollars come in then we will replace those dollars from Park and Rec. with the state dollars. You can it’s a reimbursable grant another words we’ve already with checked with the state and they will allow us to do that. So the monies will either come from the Aultman Health Foundation or city Park and Rec. funds. That will get us if you read the ordinance that will get us in a pretty good shape. COUNCILWOMAN CATAZARO-PERRY – I just had one other question. This will be we’re not going to ever develop this, this will preserved for green space or a park or…? MAYOR CICCHINELLI – Mrs. Catazaro-Perry when you say develop you mean like houses? No, absolutely not the purpose of this whole project is because of the rapid growth of our west side. To have a 76 acre tract secure for future recreational purposes is very important. It shows that we are very sensitive to the needs of when development takes place primarily in this case residential development that you preserve open spaces as much as possible. So 76 acres is a pretty good size parcel and will be preserved for future generations. The reason I asked what you mean by develop it because a portion of this will have recreational facilities on it. But its not going to be developed for houses or anything like that; strictly for parks and rec. COUNCILWOMAN FERRERO – I hate to be a devil’s advocate here. But it somewhat troubles me I think this is a great project. However, it troubles me that now we’re behind the eight ball again because we have to have decision by May 20th and we don’t have the funds there. What if the state doesn’t come through with their $200,000.00 then what happens? MAYOR CICCHINELLI – Well, I would beg the difference with you I don’t think you’re behind the eight ball. Over a month ago we were here explaining to council the situation. We have already been approved for that $200,000.00. Now, I’m not going to sit here and tell you have we have it in budget or in fund because we don’t. We the part that was very important was the archeological study and preliminary reports indicate we’re okay there. Those dollars are coming here the state is committed to those dollars, but if you want to play the role of devil’s advocate also. If you feel the projects good enough to pursue then we find alternative methods of finding the dollars to do the project. I’m convinced it’s a great project for the city regardless of where we get the money. But here you have a project that the vast majority of it will be funded by outside sources tax dollars not connected with the city other than a potential $50,000.00. I feel its worth that risk, but I mean we’ve done as well as we can do to try to get other dollars into the city to buy this land. So I don’t think we’re going to be facing a situation where “well, I guess folks we can’t come up with the dollars.” I feel confident with some of the other projects that we’re doing for example the state hospital project that we’re working closely with Judge Elum. Some dollars are going to be coming back to the Park and Rec. Department keep that in mind. So there will be some dollars there even in the future months to work with. But I think we need to get on with this and I feel very confident that we will as I present it to you ten minutes ago is how it’s going to end up. COUNCILWOMAN FERRERO – My other concern is the 6% interest that we’re paying are we paying interest on a lease purchase agreement and we’re also paying interest to Mr. Cottrill is that correct? MAYOR CICCHINELLI – Well, Mr. Stergios could you? COUNCILWOMAN FERRERO – Because we’re not paying him all a lump sum. We’re not paying him that $630,000.00 right off the bat. LAW DIRECTOR STERGIOS – The interest will be owed on the unpaid balance. What’s been discussed is the interest will be paid on the unpaid balance. So if $200,000.00 is paid in June then we’ll pay 6% interest on the balance of $430,000.00 as it gets reduced. So the faster we pay the less interest we pay and it will be reduced. So MAYOR CICCHINELLI – I may say I think that’s fair. I mean the land owner’s sort doing us a favor folks. Okay, so I think that’s fair and it behooves us as the Administration to push forward and get these dollars in so we can show everybody that we’re bound and determined to do this. I think it’s a great project I can’t say it enough. I think we need to do more of this. COUNCILMAN BRYAN Mr. Mayor, I think that it’s a great project and I fully support it. I share some of Mrs. Ferrero’s frustration what I was hoping to hear when we came here tonight was that you talked to Enroc of course you’re not in charge of their agenda and when they hold their meetings. But we thought we would have a meeting this week or last week instead of this week. MAYOR CICCHINELLI – It’s definitely this week Mr. Bryan, I mean they cancelled their own we had nothing to do with the cancel… COUNCILMAN BRYAN Yeah, I know you don’t control when they hold their meetings. You did talk to Aultman, though? (Yes) In the intervening couple of weeks, did they give you any indication how much of the $200,000.00 they could actually hand over immediately in June? MAYOR CICCHINELLI – Half of it. COUNCILMAN BRYAN So we can definitely count on a $100,000.00 (Yes) from Aultman Foundation. Now as far as the company doing the archeological study they are the other hold up so to speak. Have you talked has Kenn talked to them? Who’s riding herd on them to get that done because you know it’s just a matter of concluding their report so we can get our funding, right? MAYOR CICCHINELLI – The preliminary report which means its not in writing indicates there’s nothing there archeologically that would prohibit state’s participation in this project like I said earlier. It’s for them now just to put it in to form and sent to us. Actually, I talked to Kenn again today he’s really on top of this and he’s working with the state making sure the person at the state level that needs this information will be given this information here shortly. So I mean they are talking but they want to see it in writing too or something from the consultant that it’s fine and it’s fine. It’s just not been written yet. COUNCILMAN BRYAN We’re paying it again. I think I understand it right we’re paying the archeology studying company a fee to do this thing and I just want to be assured that you’re applying the appropriate amount of pressure to get this thing done. Because we’re now committing to handing Mr. Cottrill a check and if we commit to hand him a check we will hand him a check. MAYOR CICCHINELLI – I agree and that’s why if you look at it it’s structured in the way it’s after June 1st we did that for a reason. Mr. Stergios was correct in doing it then because that gives us enough time that we think that will be in hand. But we don’t work the state doesn’t work for us, but we feel confident that this thing is moving ahead folks we just need your cooperation to get it done. COUNCILWOMAN CATAZARO-PERRY – Mr. Mayor, Mr. Keminski said at our work session that he was not looking at any Capital Improvement dollars that he would think that there would be some money from the state hospital grounds. Do you agree with that statement that he made last week? MAYOR CICCHINELLI – He said Capital you mean the city’s capital improvement dollars? Yes, I think for the first payment like I told you the rest will come from his funds and he will borrow the money from his accounts to get the other $100,000.00 to make the first payment and then as those dollars come in those funds will be replenished. As far as future yes, and the way the scenario is playing out we feel confident we’ll get enough grant money other than the $50,000.00. But let me say this and I mean this with all sincerity if for one reason something happens and we don’t get that other $180,000.00 I do think that this project is so important that I would come back before you and ask for capital improvement monies from the city to do. It’s that important I think for the future of this community. I don’t think that’s going to happen, but we wanted to lay everything out on the table we feel confident that Enroc with come through, but you know we don’t know we can only ask that board to fund what we want to do. They have in the past looked favorable on it just wasn’t enough money to do it last year. This gives them an opening one way or the other. I feel confident and so does other people that have talked to some members of Enroc board. They will look favorable toward us. But I think Kathy that its important enough to do this project that we need for the future generations of this community to get this thing done one way or the other. We’ve done above and beyond what most projects and this is no city money in here yet. I mean this is pretty good, but I don’t think we’re going to be back, but I’m saying we need to get it done and we need to move forward. COUNCILWOMAN CATAZARO-PERRY – You didn’t address the state hospital funds will you be using those? MAYOR CICCHINELLI – Yeah, I said earlier. Some of those dollars are going to come back to us as that project unfolds and that’s it. I think there’s plenty of money in talking to Kenn that he can do through his capital improvement monies that he can do on a temporary basis. If there is a short fall I feel confident that those dollars could come out of there. But I just don’t want to close the door on anything because I think all of us agree this is a good project for our community and all of our citizens will benefit. COUNCILMAN MCCUNE- Mr. Mayor, I’ve had conversations with numerous people since this has come out in the paper and it’s supported very strongly in the community. At least with the people that I have talked to and I commend you for putting this plan together because as I stated before putting green space aside for our future generations is very important. I think this is a very worthwhile effort. MAYOR CICCHINELLI – Thank you. One other I think another reason a lot of people like this project is because you’re taking a resource we already put a lot of money in and it’s the Sippo Valley Quarter Hiking and Biking Trail which goes all the way to Dover or all the way to Dalton excuse me. We are the northern end of this property is adjacent to that so it’s perfect. You can’t find a more perfect site to do what we want to do. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 77 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 78 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY I don’t know if it was just overlooked at this time, but I had requested that these be separated out. So I’m giving this first reading this evening. COUNCIL PRESIDENT GAMBER Alright, can you expand just a little bit? COUNCILWOMAN CATAZARO-PERRY Sure, I wanted you know I wrote on my form here from our work session that I wanted to hold on one of these and then to separate these others out for the trench rescue and the Seifert Technology and that didn’t happen at this time. So I’ll just give this first reading. ORDINANCE NO. 78 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 79 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Same for this one, Mr. President. I requested that these be placed on separate ordinances; because I feel that there is a possibly a separation among the council members that they may want to support one and not the other and that’s why I requested that. So I’m going to give this first reading. COUNCIL PRESIDENT GAMBER My I suggest that after the council meeting you and I and the clerk meet back here and we’ll see what happened and see what we can do to fix this? (Thank you). ORDINANCE NO. 79 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 80 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY This is to transfer these monies into these separate accounts for the rest of the year. The Auditor’s assistant is here to answer any questions that you may have them. This is for the one person retired and the position was not going to be filled they created another position and that’s why we are transferring the money from Rosie’s position to this new service director clerk position. 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 8 yes. ORDINANCE NO. 80 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 81 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCIL PRESIDENT GAMBER Before I call Mr. Townsend I’d like to call the law director forward. Mr. Law Director in view of the circumstances and how this ordinance was put together can we consider some errors as typos and you can tell us what to change? LAW DIRECTOR STERGIOS – Yes, we can consider them as typos. Specifically it should be Ordinance No. 81 in the ordinance number. Then in the title the address of the facility is 800 Navarre Road SE as opposed to Sterlite address. Again, in the title instead of 18 new jobs they will be creating 50 new jobs and if we really want to get technical the square footage of the warehouse is approximately 72,500. Let me back up the second sentence Polymer Packaging Inc. is planning to improve, modify and enlarge an existing warehouse of 72,500 square feet located at 800 Navarre Road SE. COUNCIL PRESIDENT GAMBER I would like to thank the Law Director and the Council Clerk for the efficient way they pulled this together at the last minute. Mr. Bryan, thank you for finding it and now we can move forward. COUNCILMAN TOWNSEND –.Mr. Aaby had spoken at great detail about Ordinance No. 81 last week at the work session. But if there are any questions I would like for the Mayor to come up answer some of the questions. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 81 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 12 2006 BY: COMMITTEE OF THE WHOLE COUNCILMAN BRYAN Representatives of the Massillon Rotary were at our work session and you know a very thorough presentation. I won’t go through all the details again; this clock will be installed at the corner of Lincoln Way East and 1st Street SE. It will be a feature in a beautiful part of our downtown for many, many years. I will tell council that last Thursday the 11th Rotary made the same presentation to the Park and Rec. Board and the Park and Rec. Board unanimously approved the project. So I hope you will approve it tonight and sometime in June I believe they’ll have a dedication. COUNCILWOMAN CATAZARO-PERRY I just have a comment Mr. President, I made the comment to Ray last week I think this is a wonderful addition to the city. I think the Rotary Club does an outstanding job and really appreciate all the work that they have done. I think this clock will be here for a long time and I think this is wonderful. COUNCIL PRESIDENT GAMBER Mr. Bryan, I’d like to ask a question for the record. Who will own the clock and who will maintain the clock? COUNCILMAN BRYAN The City of Massillon will own the clock. I have already talked to the Safety Service Director and we are prepared to add it to our insurance policy on the appropriate date. The Rotary Club will maintain the clock in terms of any mechanical repairs or cleaning or you know maintenance. It’s granite and steel so and the Park and Rec. Board and the Rotary and the foundation all three are working together to maintain the planning’s and that kind of thing at the clock. The insurance was sort of key because Rotary promised to maintain the clock and then we started to think what if a semi truck hits it. Rotary didn’t want to have to rebuild the clock so we’re adding it the city’s insurance policy. COUNCIL PRESIDENT GAMBER There’s a written agreement to that affect? COUNCILMAN BRYAN I have an email. COUNCIL PRESIDENT GAMBER Good enough. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 12 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS (A) LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM CHRISTOPHER ALAN ENTERPRISES INC. 14 LINCOLN WAY W 1ST FL MASSILLON, OHIO 44646 TO THREE OLIVES LLC 14 LINCOLN WAY W 1ST FL MASSILLON, OHIO 44646. COUNCIL PRESIDENT GAMBER Mr. Maier, that’s your ward do you have a copy of that? (Yes sir, I do) 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT - $1,785.00 COUNCILWOMAN CATAZARO-PERRY I move we pay the bill, seconded by Councilman Bryan. Roll call vote of 8 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR APRIL 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER We will meet again on the 30th we will not meet next Monday the 22nd. I’ll remind you that our clerk will be off that week. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN BRYAN Can I ask the Law Director a couple of questions, please I’ll make them brief. Mr. Law Director are we going to get legislation for the first meeting in June from you for the CIC you know the land down by the golf course? LAW DIRECTOR STERGIOS – We are making a sincere attempt to have that here for the next committee meeting. So that the legislation can be put on the agenda for the June or for the committee meeting on the 30th and then ultimately on council on the first meeting in June. COUNCILMAN BRYAN that’s important as you know because that gets us on the track to recovering that 300 some thousand dollars which the Mayor spoke about earlier. So we want to and I understand you have a full plate, but we’ll hope to see that the 30th. LAW DIRECTOR STERGIOS – I guess an update the deeds putting title into the name of the city were finally recorded today. I think some of you were aware that we had to get survey work done and further approvals, but title as of today was put in the city’s name for that property and we have been in the process quite some time of drafting the lease agreements between both the developer and the Community Improvement Corporation and the city. So hopefully I should have something real pretty solid for you at the next committee meeting is our plan with Judge Elum and both myself. COUNCILMAN MANSON – Yes, this is the discussion we had at the committee meeting the other night and I disagreed quite adamantly with Mr. Bryan about the count on the traffic out on Grosvenor Avenue. I’d just like to read a paragraph to you. He was right and I was wrong this is from Debbie Weaver that did the count for ME Company. She said “I would like to point out that the total 24 hour count of vehicles traveling south bound on Grosvenor Avenue was 795 vehicles in May of 2004 and 1,009 vehicles during October 2004”. So it did increase. COUNCIL PRESIDENT GAMBER I was talking about the Federal Avenue Pump Station do you have anything to report there at our next committee meeting? COUNCILMAN MANSON – Next meeting we will have somebody here from the engineer is going to bring from Tetra Tech and McCoy. I believe Tetra Tech was the low bidder. COUNCIL PRESIDENT GAMBER Mr. Manson, would you like to call the engineer forward? COUNCILMAN MANSON – I don’t think we even need to get into it. He’s going to have representatives here and we will discuss it at the May 30th meeting. COUNCIL PRESIDENT GAMBER Mr. Bryan, any problems if that’s on first item on the agenda? COUNCILMAN BRYAN No, I don’t have any problems with that. I did want to thank Mr. Manson for being man enough to say he was wrong not many people will do that actually. COUNCILMAN MANSON – It wasn’t easy. 13. CALL OF THE CALENDAR - NOTHING 14. THIRD READING ORDINANCES AND RESOLUTIONS - NOTHING 15. SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 65 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN TOWNSEND Yes, I would like to give Ordinance No. 65 – 2006 second reading. The public hearing is being held on June 5th at 7:00pm. ORDINANCE NO. 65 – 2006 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA BOB BLICKENDERFER – I live at 531 Jackson Avenue, Massillon that’s the township. I wrote a letter to the editor about two weeks ago and Mr. Cicchinelli talked to my neighbor I think it was last Thursday and invited me to come down to the meeting. I had a little concern about the possibility that Jackson Avenue is going to be made into a three lane road. I have a lot of problem with that simply for the fact a couple of reasons. One is our house is particularly on the Massillon side toward the top part of the road or actually real close to road right now. You’d have to take 5 or 6 feet away from us right there which is going to make it very difficult pulling in and out of traffic on that highway. Secondly, I’m afraid that running a three lane road up there is going to make that a man thorough fair between 12th Street and Lincoln Way. Right now you’ve got Genoa and you’ve got Perry Road and you’ve got Jackson Avenue. Jackson Avenue needs improvement no doubt about that, but as far as the widening of the road I just don’t understand what the reasoning would be to put three lanes in there rather than just improving it possibly putting a berm on each side or a pull off whatever. But three lanes just doesn’t seem to make a whole of sense to me. COUNCILWOMAN FERRERO Yes, I’d just like to ask you one question. Do you live up before Sundale? BOB BLICKENDERFER – Yeah, just before if you’re coming from Kmart about 2-21/2 blocks from there. COUNCILWOMAN FERRERO And Mr. Archinal lives there as well is that your neighbor? My question is so you do not live in the city you actually live in Perry Township? BOB BLICKENDERFER – That’s correct. COUNCILWOMAN FERRERO And you have talked to Mrs. Campbell have you? (That’s correct) And what are they telling you? BOB BLICKENDERFER – Basically, that the idea is to put three lanes up there a middle lane for turning and then also on one side to put a sidewalk. Sidewalk isn’t a bad idea because we get a lot of people walking up and down including myself and I take my grandson walking constantly I walk up the road to Kmart. So they’re talking three lanes and a sidewalk again I don’t see the problem with a sidewalk that’s fine. But the three lanes itself is just the part that I don’t understand. COUNCILWOMAN FERRERO Well, my understanding is that the bids are coming this week. So that should probably tell us a lot at our next work session which would be on the 30th. So we may have a report from the Mayor by then. COUNCILWOMAN CATAZARO-PERRY I was just going to make a comment. From what I understand is that the City Engineer designed that three lane and maybe the Mayor is going to speak to that. But that’s my understanding is that the City Engineer the City of Massillon Steve Hamit that was here previously designed that three lane. Also that there is a possibility that that will be cut down. So…. MAYOR CICCHINELLI – Just a little clarification I don’t know how many of you I know today I passed out Archinal’s letter, okay. I’m not sure how many of you have the Holt’s letter, I think Donnie do you have one, did we give you? (Is that the one on the disability?) Yes. (Yeah, I have that) Okay this was actually addressed to Mr. and Mrs. Michael Holt this was a sort of a consulting rehab engineering firm that they had that the Holt’s got? COUNCIL PRESIDENT GAMBER Well, my question is who did they sent the letter to at the city? MAYOR CICCHINELLI – They, this is what happened. Last week, late last week they hand delivered the Holts’ hand delivered this letter to the engineering department, to Perry Township and to Stark County. Then the engineering department gave me a copy of it. I then called Pam Mrs. Holt to hear what she had to say even though she’s not one of our residents I if you read this packet and if you do want a copy of this maybe I will make sure all members of council get a copy of it. It really concern me because of her condition and what she was saying. So I did our due diligence and I called her and from our conversation is when she said there were other people in the neighborhood that were opposed to this project as designed as we speak. I said “well, you need to let council know that and you need to let the Administration know that. Now we’ve had conversations as far as whether they had conversation with Perry Township officials and like Mr. Blickenderfer said that’s when it came it yeah they were talking… I felt it was important that if anybody wanted to come down to council now is the time to it. So I told Mrs. Holt if anybody is in the neighborhood to call the City Council Clerk and come down and let council know how they feel. That’s what prompted Mr. Blickenderfer to come down and then this afternoon the Archinal’s dropped this letter off and you all received a copy of their letter objecting to the widening. These are all Perry Township residents but I still think because it’s a joint project we have an obligation to listen to what they have to say. We’ll see what happens when the bids come in on Wednesday we’ll go from there. I think we all agree that something has to happen there it’s just a question of what. COUNCILWOMAN CATAZARO-PERRY Have you have attended the township trustee meetings and shared your concern with the trustees? BOB BLICKENDERFER – This is the first I had actually heard of it. I didn’t realize that there was I knew originally awhile back they planned on possibly widening the road I never heard of three lanes. At that time Perry I think was against it and so forth and that was what we had been told at that time. I was just told probably a week and half ago Mrs. Holts pulled into my driveway explain it to me because I have a wheelchair ramp my wife is disabled we have a wheelchair ramp in order to get it our it comes part way toward the road. It’s not a whole lot of room once we pull up there and actually back out. So when she told me that that’s when I got concerned about it. She was probably a little bit in support she said “it’s a done deal they’re getting ready to start and so forth”. But that’s where all that information came from. COUNCILWOMAN CATAZARO-PERRY Okay, did anyone explain to you that we had to apply for this money and that we applied before and we didn’t make the cut. Now we did make the cut did anyone explain that part of the project to you? (No, I’ll have to find if they plan on talking to us and Perry as well) Okay, if you would like to stay I can fill you in I was on Streets and Highways last year. I can fill you in a little bit if you’d like to stay afterwards. BOB BLICKENDERFER – Okay. HERBERT HUFF – I live at 1184 Bradford Road NE in Massillon. I have spoken before you several times in relation to the casino issue. I just wanted to bring you a piece of news I thought might be of interest. It’s an article entitled “Supreme Court Rejects Indian Tribe’s Case” the Supreme Court refused Monday to consider whether the State of New York owed an Indian tribe about 250 million dollars in dispute over the seizure of tribal land. Now this goes back with criniology. The Justices had been asked to consider a decision by the New York 2nd U.S. Circuit Court of Appeals that the Smith Cayuga Nation 26 year old land claim for several reasons including the passage of time and the tribe’s long delay in seeking relief. A federal judge in 1994 had ruled that New York State illegally acquired 64,015 acres of tribal land. In Seneca and Cayuga Counties in the late 1700’s early 1800’s by entering into invalid treaties with the Cayuga’s. A jury awarded the two tribes 37 million dollars in damages in 2000 for the lands current worth and the lost of two centuries of fair market reputable values. The judge added 211 million dollars in interest. The whole point of this that the whole thing was thrown out. The Supreme Court refused to hear the case and basically upholding the U.S. Court of Appeals throw the case out. That may have a familiar tone to it in relation to the Eastern Shawnee Tribe’s claim against the State of Ohio. I just thought you may want to know that here’s copies for anybody who’s interested in reading that. COUNCIL PRESIDENT GAMBER I’d like to remind the Clerk and Mrs. Catazaro-Perry that we’ll be meeting in the room and if the Law Director would like to sit in you’re invited regarding translating legislation requests into the written ordinance. 18. ADJOURNMENT COUNCILMAN MCCUNE I move that we adjourn, seconded by all.
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