MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, MAY 19, 2014 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, May 19, 2014.  We have in attendance with us the following city officials:  Mayor Kathy Catazaro-Perry, Safety Service Director Al Hennon, Community Development Director Ted Herncane, Engineer Keith Dylewski, Building Code Superintendent Bill Kraft, Police Chief Keith Moser, after June 2 the new Community Development Director Larry Marcus and Law Director Perry Stergios.  For those of you who like to follow tonight’s meeting we have agendas over to the left for anyone like I as I stated who wish to follow the meeting.  Also if you look on the agenda 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 them down.  

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Michelle Del Rio-Keller, Nancy Halter, Ed Lewis, Paul Manson, Andrea Scassa, Megan Starrett and Shaddrick Stinson.

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT TOWNSEND Councilman Manson, I will need a motion to excuse Councilwoman Cunningham-Hedderly.

COUNCILMAN MANSON – I make a motion that we excuse Councilwoman Cunningham-Hedderly, seconded by Councilwoman Halter.

Roll call vote of 8 yes to excuse Councilwoman Cunningham-Hedderly from tonight’s council meeting.

2. INVOCATION

COUNCILMAN CHOVAN B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN CHOVAN – Chairman of the Police and Fire Committee led those in attendance in the Pledge of Allegiance. 

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - 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 TOWNSEND – We have arrived at #5 this is the section of the agenda where the public can speak on any item that appears on tonight’s agenda.  I would like to remind everyone when you come to the microphone you have three minutes to voice your concerns or share your ideas or anything you’d like. 

SCOTT GRABER – 1218 Tremont Avenue SW in the city.  I will be very brief.  I want to sincerely thank the Massillon City Council for adopting Ordinance No. 57 – 2014 without emergency language.  Although as part of the recovery plan for declared fiscal emergency council had every right to include emergency language.  I am of the opinion that this was intentional and the statement of council that council actually wants the people of this city to have the final say on this legislation.  I also want to thank the local newspaper the Independent for a very nice article published in the weekender edition regarding the circulation of this petition.  Thank you, thank you and thank you sir.  I have in my hand a referendum petition to place the question of the approval or rejection of Ordinance No. 57 – 2014 on the ballot in the City of Massillon the upcoming General Election.  I’m requesting that all members of council, the president of the council, the mayor, director of law and any other city officer or department head who are electors in the city and who are in attendance tonight to sign the petition.  The effect of signing this petition is not the expression that any person signing it is in favor of or opposes the imposition of the tax.  But only whether or not the person signing it is of the opinion that the people of the City of Massillon who are being taxed should have the right to vote on whether they agree and consent to be taxed or not.  If a person believes that the people of the City of Massillon should be able to vote on whether they are taxed or not the person must sign the petition.  That is because if a person refuses to sign the petition he is indicating by his refusal that he believes that the people should be denied the opportunity to vote on this specific question of taxation.  And that it should be simply imposed without a vote.  If he signs it he is indicating that he believes the people should have the right to vote on their direct taxation.  I will only need your signatures I will fill out the addresses from council records.  And I now present the petition to the Clerk of Council for presentation to her by her to each member for signing beginning with the mayor please. Ms. Clerk may I approach and present this to her?

COUNCIL PRESIDENT TOWNSEND – You can pass to one of the council members.  Is that it?

SCOTT GRABER – I have to wait to witness the signatures. 

COUNCIL PRESIDENT TOWNSEND – I don’t think no one is going to sign it tonight. 

COUNCILMAN MANSON – I thought this was supposed to be short.

COUNCIL PRESIDENT TOWNSEND – Yeah, actually yeah it is three minutes now.  I gave you an extra 30 seconds.

SCOTT GRABER – Can you present that to the mayor for her signature?

COUNCIL PRESIDENT TOWNSEND – After the meeting we will. 

SCOTT GRABER – What’s the problem?

COUNCIL PRESIDENT TOWNSEND – Because it’s not that type of forum for you to give us petitions to pass around and to give to someone to sign.  And I think you know that Mr. Graber.

SCOTT GRABER – No, I don’t know it but so you’ll sign it after the meeting is that what you’re telling me?

COUNCIL PRESIDENT TOWNSEND – I can’t speak for them.  I won’t.

SCOTT GRABER – You’re not going to sign it?

COUNCIL PRESIDENT TOWNSEND – No, sir and I work out of town too.  So I just want to make that clear.

SCOTT GRABER – After the meeting though that’s what you’re telling me?

COUNCIL PRESIDENT TOWNSEND – Thank you.   Sir, please state your name and your address.

JACK DARNELL – 2945 Crest Circle NW.  I’m here to ask the question on this here street lighting thing.  It’s $25.00 the way it’s worded per lot and with a structure on it.  And so I’m wondering I’ll try to get it changed and ask and I was told by two people that this would be a single family fee only.  Well the reason I question this it don’t sound like a big deal the reason I question this I went through the same thing with the wastewater thing and they told me no that was a single family dwelling and don’t worry about it.  Then I got two bills for those couple of lots and I questioned and I even talked to the previous director and I said you know a dollar a month that don’t sound like a big deal and nobody’s going to complain but you know that’s the starting point.  Next thing I’ll look at it’ll be $10.00 a month and he laughed and he said you’re right.  I said that’s the way it operates.  But my question is am I going through the same thing again now I’m up to $6.00 already before the next election year comes on it.  So what I’m saying is this what this is is that a single family dwelling or is this per each lot $25.00 for each lot?  That’s my question?

COUNCIL PRESIDENT TOWNSEND – Okay, I’m quite sure one of the council members if you hang around a little bit quite sure one of them will answer your question. 

COUNCILMAN LEWIS – There is an amendment tonight that will be made to that legislation that will secure that it’s only for the residence.

JACK DARNELL – It will be a single family?

COUNCILMAN LEWIS – Correct.

JACK DARNELL – Well that sounds great but they told me that last time and when I talked to her and she said every lot and every structure and I said you mean it had a little shed anything you got it.  So you know it starts off like everybody saying its not a big deal but when you’re on social security and working up and not only a couple bucks here but the taxes you know how it keeps going and going up so I’m going to say my peace any ways tonight.  So that sounds good okay, I appreciate that. 

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?

RICK BROWN – 2500 Trillium Circle NE.  And I just want to applaud the mayor and respond to the ordinance creating a commission on disabilities.  It’s critically important I think for Massillon it creates an awareness for people unlike ever before.  The federal government, the state government is asking us to address people with disabilities a little different in our communities than we ever have before.  They’re asking that we create employment first opportunity for individuals that we make community first for the individuals with disabilities.  This is a natural and a great environment in order for us to do that.  I’m a professional in the field for the past 25 years and also a personal advocate as are many individuals in this room.  Massillon is on the map as far as I’m concerned where it concerns people with disabilities to create that natural capital that natural support for people to succeed no matter what they do whether its social environment, work environment, life, residential this is the perfect opportunity to make that and create that awareness in the City of Massillon.  Again, I applaud the mayor for doing this I’m in big support and I think that people that work in this field in this community and beyond are looking at Massillon saying this is a perfect opportunity the opportunity for people with disabilities to succeed in our community.  There’s an old African proverb that says it takes a village to raise a child.  This is that village that is making that happen and I applaud all of you and I hope that you will vote very positive on this commission. 

COUNCIL PRESIDENT TOWNSEND – Thank you, sir.  Is there anyone else?

SAM DAUT – 835 Cherry Rd NW.  I too am opposed to this street lighting I realize it’s the third reading.  Did anybody get an opportunity at the last meeting I had mentioned about the street lighting up on 17th Street which would be your ward Mrs. Starrett?  Had you gotten an opportunity to go out there and count those street lights?

COUNCILWOMAN STARRETT – I did not.

SAM DAUT – Do you really think there’s a need for 22 street lights in eight tens of a mile?  There wasn’t there before the annexation I’m just assuming that was a trade off for Frank to help the power company to make a little money to put the infrastructure.  So basically what you’re saying here is that nobody took the time to go out there and look at that or any other parts of the community that way you could save money.  So I’m to assume and I think the taxpayers are to assume that basically you’re not interested in saving money you’re only interested in spending it.  Because to me I see no reason that’s just one area alone I could drive around this community and I know that there’s areas where there’s nobody no street lights at all on streets.  I mean I feel sorry for those people because they’re basically victims of attacks that’s you’re going to impose on them that they’re going to have to pay for and I believe though that’s what I’m saying I would think that you people who have children and grandchildren they’re going to grow up in this community that you’re if this were a temporary tax I wouldn’t be here.  It’s going to have to get to the point where you people will have to stop passing on taxes and burden because if there’s seniors in this community there are people who are less fortunate that are working two and three jobs that they have to earn those two or three jobs just to make up for what people make in one.  And I really think that you people are going to start taking a hard look and doing what’s best for the interest of the community and not for city hall here.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Daut.  Is there anyone else?  Okay, we will move on to introduction of ordinances and resolutions.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 67 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Gallery 121 to provide an economic development “inducement grant” to assist the company in renovation expenses at 121 Lincoln Way West, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  I will only say that I am very much in support of this at this point.  But I intend to give this at least two readings so we can have some discussion on it.  So first reading.    

ORDINANCE NO. 67 – 2014 WAS GIVEN FIRST READING.               

ORDINANCE NO. 68 - 2014                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amending CHAPTER 159 “SENIOR CITIZENS COMMISSION” of the Codified Ordinances of the City of Massillon, by enacting a new Section 159.02 “Mission Statement”, and declaring an emergency.                         

 

COUNCIL PRESIDENT TOWNSEND – Councilman Stinson.

COUNCILMAN STINSON – Yes, Mr. President.  This committee already exists and we wanted to amend the language in it to make it more current and allow with the new language it allows it to it broadens the scope of this commission and gives it current meaning.  This is the one on senior citizens which we already have the commission on we just want to change the language in section 2. 

COUNCIL PRESIDENT TOWNSEND – Could you share with council the language that was changed from the previous ordinance?

COUNCILMAN STINSON – From the previous one?  No, I don’t have that with me actually I do its right here.  It’s stated that the mission of the Massillon Commission on Disability is to seek out potential issues of individuals with disabilities in order to eliminate any boundaries.  Oh I’m sorry I’m looking at the wrong one.  That’s my fault.  Hold on a second its right here.  The mission of the Senior Citizen’s Commission is to serve as a resource for senior citizens and city officials the commission strides to assess the needs of senior citizens communities Massillon by gathering information and determine the address and needs of senior citizens.  The commission will promote the social, economic, health related services which have a positive impact on safety, independence and well being of senior citizens living in Massillon.  And so with this just making the amendment to this we’d like to make motion to suspend the ruling for three readings and vote on this tonight.

COUNCILMAN STINSON moved for suspension of the rules and passage, seconded by Councilwoman Halter.

COUNCIL PRESIDENT TOWNSEND – Are there any questions pertaining to this ordinance?  Okay, seconded by Councilwoman Halter.  Roll call for suspension.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 68 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 68 has passed.

ORDINANCE NO. 69 - 2014                      BY:   HEALTH, WELFARE & BUILDING REGULATIONS

Creating a Commission on Disabilities, and declaring an emergency.                                                                                

 

COUNCIL PRESIDENT TOWNSEND – Councilman Stinson.

COUNCILMAN STINSON – Yes, thank you, Mr. President.  This is the one on to vote in a commission for disabilities.  It’s been in the paper I think it was either Thursday or Friday of this week or last week and as you see we have support from the community to endorse this.  I move that we suspend the ruling for three separate readings and move to pass this tonight. 

COUNCILMAN STINSON moved for suspension of the rules and passage, seconded by Councilwoman Halter.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 69 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 69 has passed.

ORDINANCE NO. 70 - 2014                      BY:   PUBLIC UTILITIES COMMITTEE

Enacting CHAPTER 741 “OIL & GAS LEASING PROCEDURES” of the Codified Ordinances of the City of Massillon, and declaring an emergency.                                                                               

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.    

ORDINANCE NO. 70 – 2014 WAS GIVEN FIRST READING.   

COUNCIL PRESIDENT TOWNSEND – Thank you, first reading.           

ORDINANCE NO. 71 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Wastewater Treatment Fund, 1409 Municipal Road Fund, Parking Enforcement Fund and the Massillon Area Credit Union Fund, for the year ending December 31, 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, these are all pieces that we went over during the finance committee.  The first section we’re acting as a pass through for the upgrade to the Wastewater Treatment Plant.  Section 2 for $102,550 is for the resurfacing on scenic Route 241 which extends from 93 all the way down to Erie Street.  This is part of the local match I believe it is an 80/20; 80% with the state, 20% with the city.  The $750 in section 3 is for parking tickets I believe purchase of new parking tickets so that they can give them out.  And then the last one is the county collection fees this is the fees the county charges us when they are collecting our fees for real estates and things of that nature.  The only question I do have and maybe Mary Beth has it directly in front of her; section 2 for the resurfacing project we have all signatures from the auditor on that one correct?  That’s the only way it would have made it this far correct?  (Yes)  Okay, because I don’t have a copy of that right before me that’s why I was making sure.  I just wanted to make sure that all the funds are where they needed to be in order to fund this that’s all.  Okay, with that being said we did discuss these and if we don’t have any questions I would make the motion that we suspend the rules requiring three readings and bring this forward for a vote.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 71 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 71 has passed.

COUNCILWOMAN HALTER – Excuse me Mr. President.

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILWOMAN HALTER – I think the law director would like to be called up please.

COUNCIL PRESIDENT TOWNSEND – Please come up please.

LAW DIRECTOR STERGIOS – Mr. President, ladies and gentlemen of council, my comment would be I do not believe it is I think it is disruptive and interruptive of our meeting for someone to be circulating petitions to people who are sitting in the audience.  If he wants to do so he can do so when the meeting is over.  But I will back the president if he makes that call.

COUNCIL PRESIDENT TOWNSEND – I agree with you 100%, 30 seconds I was 30 seconds from telling Mr. Graber.

ORDINANCE NO. 72 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Economic Development Fund, for the year ending December 31, 2014, and declaring an emergency.                                                     

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance goes in conjunction with the community development for the yes so for the piece with I forget what it was called the development of 121 Lincoln Way W.  So we will be giving this first reading.     

ORDINANCE NO. 72 – 2014 WAS GIVEN FIRST READING.               

COUNCIL PRESIDENT TOWNSEND – Thank you, sir, first reading.

ORDINANCE NO. 73 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriation from the unappropriated balance of the Local Law Enforcement Trust Fund, for the year ending December 31, 2014, and declaring an emergency.                                                                   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, could I please call the chief to the back microphone? 

POLICE CHIEF MOSER – Yes.

COUNCILMAN LEWIS – The $3,000 amount that is for the purchase of video equipment correct?

POLICE CHIEF MOSER – That is for purchase of equipment to wirelessly download the videos from the cruisers that we currently have. 

COUNCILMAN LEWIS – Okay and then $9,000 which I’m jumping ahead of myself forgive me for a second is for the upgrade to the programming for scheduling…

POLICE CHIEF MOSER – Scheduling payroll.

COUNCILMAN LEWIS – That’s all I need to do is make sure we clarify that.  With that said on Ordinance No. 73 – 2014 first reading.

ORDINANCE NO. 73 – 2014 WAS GIVEN FIRST READING.               

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilman Lewis, Ordinance No. 73 has received first reading.

ORDINANCE NO. 74 - 2014                      BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Local Law Enforcement Trust Fund for the year ending December 31, 2014, and declaring an emergency.                                        

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This ordinance is in reference to the purchase of scheduling and payroll improvements.  Currently they do it by hand all their scheduling of officers, the payroll and things of that nature and this would allow them to be welcomed into the 21st century and use a computer to do these things.  I would recommend that we go ahead and suspend the three readings and bring this forward for a vote. 

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 74 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 74 has passed.

ORDINANCE NO. 75 - 2014                      BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to accept the 2013-JG-LLE-5424 “Mobile Computers” Grant from the Ohio Department of Public Safety for the Massillon Police Department, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this is a grant that’s being offered to our police department.  There is no cash or in kind match prior to this.  It’s simply a grant that we must approve to receive. 

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 75 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 75 has passed.

ORDINANCE NO. 76 - 2014                      BY:   FINANCE COMMITTEE

Establishing a fund entitled “Baker Hughes Infrastructure Fund 1431”, creating line items within said fund, and declaring an emergency.                                                                 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this ordinance is simply developing or creating the fund that will allow us to receive the TIF dollars and place them somewhere as is appropriate. 

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilwoman Del Rio-Keller.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 76 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 76 has passed.

RESOLUTION NO. 5 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Adopting the decision of the Tax Incentive Review Committee made on March 10, 2014 wherein they recommended that those certain Enterprise Zone Agreements listed on the attached exhibit “A” be continued, and declaring an emergency.      

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President.  We had quite a bit of discussion about this at our committee meeting the other night.  We discussed that a few of these here most of them we’ve continued the abatement.  We had one with Vasco Asphalt that is expired; we had one with Cloverleaf Cold two with Cloverleaf Cold Storage that were rescinded.  That company was purchased by Fresh Mark and Fresh Mark does not usually ask for abatements.  We terminated Polymer Packaging I don’t believe they filled out the appropriate paperwork for that and we had another one for Pepsi Cola that expired.  If there’s any questions on anything Mr. Herncane is here he can answer those.  Otherwise I will be moving for passage on this tonight.

COUNCIL PRESIDENT TOWNSEND – Any questions for Mr. Herncane.  There are none.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

The rules were suspended by a roll call vote of 8 yes.

RESOLUTION NO. 5 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Resolution No. 5 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR FAB LLC DBA GALLERY 121 121 LINCOLN WAY W MASSILLON OHIO 44646

COUNCIL PRESIDENT TOWNSEND – Thank you and did that council person receive a copy?  (Yes)  For the ward thank you.

9.  BILLS, ACCOUNTS AND CLAIMS

A.  REPOSITORY – $877.20

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis, I need a motion to pay the bill.

COUNCILMAN LEWIS – I make a motion that we pay the bill. Seconded by Councilwoman Del Rio-Keller.

Roll call vote of 8 yes to pay the bill.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, the clerk will pay the bills and charge them to the proper account.

10.  REPORTS FROM CITY OFFICIALS

A.  TREASURER SUBMITS MONTHLY REPORT FOR APRIL 2014

COUNCIL PRESIDENT TOWNSEND – I was going to suggest I would like for Mr. Marcus to come up and just introduce himself.  You have a couple of minutes to do so.

LARRY MARCUS – Thank you, I think I’ve had a chance to introduce myself to most of the members of council.  I look forward to starting today was my first morning with Ted.  Was sworn in by the mayor this morning.  I have done a lot of time here in Massillon a lot of projects as a banker and with the Stark Development Board.  I’ve done a lot of financing through financing dozens of projects I think helping dozens of companies.  I think I’ve helped create and retain many jobs in this community.  So I’m looking forward to starting today and helping Massillon grow and help to continue the good job that Ted’s done.  Ted’s helped me a lot lay out a good plan to continue the work that he’s done and help the mayor and the city to continue.  So I look forward to working with council. 

COUNCIL PRESIDENT TOWNSEND – Thank you, sir.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Are there any reports of committees? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Any resolutions?  Councilman Lewis?

COUNCILMAN LEWIS – Not really a report but for lack of anywhere else to speak I will just say quickly that last week I had made mention that if anyone had any recommendations of individuals that may want to help with the campaign committee please get that information to me sometime tonight if you get an opportunity or email it to me.  I look to be making phone calls to organize that committee later on this week. 

COUNCIL PRESIDENT TOWNSEND – Oh yes come up the mayor would like to speak.

MAYOR CATAZARO-PERRY – I just wanted to have this opportunity I think this will be Ted’s last meeting then he’s going to be going onto chamber president.  So just would like to publicly thank Ted it’s been an honor and a pleasure to work with him and I know he’s done some great things with our city.  So thank you Ted. 

COUNCIL PRESIDENT TOWNSEND – Are there any resolutions or requests of council members?  Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President, last week I had the clerk of council email everybody a legal advertisement that was used in 2007 for a parcel of land down by the golf course.  It’s my intention before the next meeting to get with the law director and generate a new one.  I think with all the the discussion and the attention surrounding the property down there right now that I think it would be a good time for us to revisit what we tried back in 2007.  There will be some changes to what I propose on this.  At the time we talked about minimum bid of $48,000 I think we should just take that out of there.  But we did reserve the right to accept or reject any and all bids.  And like I said I think this is time I saw an email that there’s going to be some discussion and maybe at the parks meeting this week.  So I think we should do this I believe strongly that we about 20 years ago we built that golf course down there and we zoned the property around there as residential.  And I do not believe that we should be reneging on that commitment was at that time.  I’m not saying things never change but we made that commitment down there and we probably attracted maybe $20 to $40 million dollars worth of residential development.  And I do not believe that we should renege on our support of that.  I think though that is the time to maybe we should go out and look and see revisit this and see if we can find some developers that are interested in it.  It hurts us no way to at least go out and look and like I said anything that I propose it will say that we have the right to reject any and all bids.  There is interest now so I think I hope everybody will read what was sent out and take a serious look at it.  I will get with the law director and see about getting some some an ordinance drawn up some legislation drawn up.  And I hope to have that by the next committee meeting if not it will be the following committee meeting.  That’s all.

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 44 - 2014                      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 RCRD Condominium Residential.                                                                              

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Yes, thank you, Mr. President, I will have to tell you that normally or not normally but I had started for a while having the public hearings on the second reading to avoid exactly what happened tonight.  I got a little blind sided on this because I had heard from nobody, the councilwoman from that ward has heard absolutely nothing negative on this and some things came up tonight.  I still wholeheartedly support this but I would like to make a motion to table it for one meeting to bring it back on June 2nd and it is my intention to recommend it for passage.  But to answer some of these questions that came up that’s what I would like to do. 

COUNCILMAN MANSON moved to table Ordinance No. 44 – 2014 until June 2, 2014, seconded by Councilman Chovan.

Roll call vote of 8 yes to table Ordinance No. 44- 2014 until June 2, 2014.

ORDINANCE NO. 44 – 2014 HAS BEEN TABLED UNTIL JUNE 2, 2014 BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk.

ORDINANCE NO. 45 - 2014                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from R-1 Single Family Residential to RM-1 Multiple Family Residential. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson.

COUNCILMAN MANSON – Thank you, Mr. President, same thing here also I’m going to add to it that the planning commission recommended approval of these rezonings.  I have heard nothing negative up to this point I’m still a little disappointed that if there were any objections to this.  Also this is rezoned for multiple family; we’re just talking about two lots at the front part of this.  But we have probably 10 to 20 acres that are already zoned multiple family down there.  So the same thing I recommend that we table this to the June 2nd meeting.

COUNCILMAN MANSON moved to table Ordinance No. 45 – 2014 until June 2, 2014, seconded by Councilman Chovan.

Roll call vote of 8 yes to table Ordinance No. 45- 2014 until June 2, 2014.

ORDINANCE NO. 45 – 2014 HAS BEEN TABLED UNTIL JUNE 2, 2014 BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 48 - 2014                      BY:   PUBLIC UTILITIES COMMITTEE

Establishing a street lighting district encompassing the entire City of Massillon, Ohio.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, I’d like to begin with this particular ordinance does not include the fee in it; 48 is only creating the district.  The next ordinance would be the one that has the fee in question.  It is third reading so barring any discussion I make a motion that we bring Ordinance No. 48 – 2014 forward for a vote.

COUNCILMAN LEWIS moved to bring Ordinance No. 48 – 2014 forward for passage, seconded by Councilman Stinson.

ORDINANCE NO. 48 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 48 – 2014 has passed.

ORDINANCE NO. 49 - 2014                      BY:   PUBLIC UTILITIES COMMITTEE

To assess a street lighting fee.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – This ordinance is the ordinance in question that does enact the fee.  It would be an annual fee of $25.00 to the person that would give payment.  I will say that this was part of the plan that was negotiated in good faith with the administration and with the participation of the commission.  So this is just one of those pieces that led to the plan being approved by the commission.  With that there are quite a bit of amendments that need to be made.  I’ve already discussed many of the amendments with Mary Beth to make sure we’re on the same page.  But I will go through them currently for the record.  The first section of amendments will be on the first page of the ordinance it’s the second whereas statement where we have a blank line so it reads: Whereas, the City has created line item and we will fill that line with street lighting assessment #1100.905.4.1503 and then it continues to read as stated for the collection of street lighting fees.  It you drop down two more whereas statements you will see again a blank line where it reads: whereas the cost of the city for street lighting is approximately we will fill that blank with $410,000 and then it will pick up again with annually; and.  When you turn to the second page you will see in sections 2 I’m throwing a curveball Mary Beth section 2 and section 4 it is said service by water and/or sewer for both section 4 and section 2 says water/sewer since we have a private enterprise that bills for water independently of our sewer we would like to strike the word water from both of those sections.  If you go back to section 1 immediately following April 1st, 2014 I’m going to read what it will state with the amendment.  It will state for the purposes of assessment of the fee if a single family residential property is serviced by sewer but situated on more than one lot or parcel of land it shall only pay one fee annually.  However, if the vacant lots are parcel of buildable under the applicable zoning and building code the owner of such lots shall pay the annual fee for such parcels or lots in addition to the fee for the parcel on which the residents is situation unless the vacant lot is located directly adjacent to the single family residential property owner’s residence. 

COUNCIL PRESIDENT TOWNSEND – Did you get that Mary Beth?  (Yes)  Okay, okay.

COUNCILMAN LEWIS – And I can explain if anyone has questions but that’s my motion for the amendments.

COUNCIL PRESIDENT TOWNSEND – Alright, everybody understand that?  Do you have a question Councilwoman Scassa?

COUNCILWOMAN SCASSA – I have a question but maybe for the audience could you maybe explain what that means and where we got to that and since there was a question earlier from an audience member.

COUNCILMAN LEWIS – Essentially what this section does is it is saying that if you own your home and you have a property right directly next to it you that’s also yours a parcel that is connected to your residence that you live in you will not pay the fee.  However, if you have a vacant property or parcel on the other side of town that’s not connected to your property you would still have to pay the fee there because that property is benefitting and it’s not being paid for by your residential. 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter?

COUNCILWOMAN HALTER – I’m just am curious to know about the streets that have no street lights those people will also be assessed even though they have no street lights.  Is that correct?

COUNCILMAN LEWIS – Correct at this time.  Now I will say that the mayor’s administration did pass on a street lighting ordinance from another city and they did have an exemption clause in there.  So I will be speaking with Councilwoman Cunningham-Hedderly to see if that is a potential addition that we can do at a later date.  And what that would be is that there has to be so many feet between you and the nearest street light and then you can file a petition to be exempted. 

COUNCILWOMAN HALTER – There are no street lights on Irvington or Oakwood.

COUNCILMAN LEWIS moved to amend Ordinance No. 49 - 2014, seconded by Councilman Stinson.

Roll call vote of 8 yes to amend Ordinance No. 49 – 2014.

ORDINANCE NO. 49 – 2014 HAS BEEN AMENDED.

COUNCIL PRESIDENT TOWNSEND – Okay, it reverts back to first reading. 

COUNCILMAN LEWIS – I guess is there any discussion about the ordinance at all tonight otherwise I would make a motion that we suspend the rules and bring it forth for a vote.

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, I had some questions the mechanics of this when we started talking about it and we run into this already.  If we move this forward tonight I will be voting against it. 

COUNCIL PRESIDENT TOWNSEND – Okay, is there anyone else?  Councilman Chovan?

COUNCILMAN CHOVAN – Considering that we are going to take a look at putting some wording in there for an exemption I would think that we would want to hold off rather than pass this now and then come back and have to make a change later.  I mean if that’s something that we could do at our by the next meeting wouldn’t it be prudent to do that?  I’m just for purposes of discussion.

COUNCILMAN LEWIS – I suppose we could I guess the concern would become is that the way the ordinance is currently run or read it picks this up as into the rears of April 1st.  If we continue to delay that quarter will no longer be in play which would cause us to default on the original plan which I would be then cost us could cause the commission to reopen the plan and you can where that can of worms continues and open and get bigger and bigger as we go. 

COUNCILMAN CHOVAN – But but really we would have until the end of the quarter would we not?  Just make it retroactive to April 1st which would be until the end of June.

COUNCILMAN LEWIS – Until the end of June I would assume?

COUNCILMAN CHOVAN – So I mean if we you made a change and did one more meeting just so the wording is in there.  Otherwise how would we do that?  I mean if we pass this tonight how would we go back in I mean we’d just have to amend an existing ordinance later?

COUNCILMAN LEWIS – Yes, like we do with everything else.

COUNCILMAN CHOVAN – Yeah, we could do that.  I would agree with you to do that.

COUNCIL PRESIDENT TOWNSEND – Are there any more questions for Councilman Lewis?

COUNCILMAN LEWIS – Again, I just restate that I know this has been a very difficult subject to broach for many of the council people and we’ve been not necessarily always in favor of this.  But when we did negotiate for the plan in order to get the commission’s approval so that we could move forward and avoid the 15% cuts to our departments which would devastate departments such as our police and our fire and would further devastate our roads department this was a piece that was in that plan and out of good faith that’s why I’ve continued to move forward with it.  With that said I make a motion that we suspend the rules requiring three readings and bring Ordinance No. 49 – 2014 forward for a vote.

COUNCILMAN LEWIS moved for suspension of the rules and passage, seconded by Councilman Stinson.

The rules were suspended by a roll call vote of 7 yes, 1 no.  Halter voted no.

ORDINANCE NO. 49 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 6 YES, 2 NO.  HALTER AND MANSON VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 49 has passed.

ORDINANCE NO. 56 - 2014                      BY:   FINANCE COMMITTEE

Amending CHAPTER 181 “INCOME TAX” of the Codified Ordinances of the City of Massillon and enacting new Section 181.03 LEVY OF ADDITIONAL TAX to reflect the increase in the municipal income tax rate from one and eight-tenths percent (1.8%) to two percent to be effective January 1, 2015 subject to the approval of the electors of the City of Massillon at the General Election to be held on November 4, 2014.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – Yes, this is the legislation that would place the income tax increase on the November ballot.  We’ve had much discussion about it.  The only addition I want to make into our discussion tonight is that the passage of this legislation in November would singlehandedly also address the issue that some citizens have with the tax credit reduction.  This legislation takes care of both because it gets rid of the reduction and replaces it instead with a cap at the 1.8.  So while many citizens are confused or maybe not quite sure what is going on I assure you that the credit reduction is a temporary measure to get us to the November election so that we can still operate as a city and if the citizens of Massillon pass this levy then the credit reduction would also go away.  That is how the language of the ordinances are written.  However if this levy were not to pass then the credit reduction would remain in effect.  I just want to clarify that because there’s a lot of discussion out there and some people may not quite understand how the language is there as it was written.  With that said it is third reading so if there is no discussion we’d be bring this forward for a vote. 

COUNCILMAN LEWIS moved to bring Ordinance No. 56 – 2014 forward for a vote, seconded by Councilwoman Del Rio-Keller.

ORDINANCE NO. 56 – 2014 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 56 has passed.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 59 - 2014                      BY:   ENVIRONMENTAL COMMITTEE

Amending CHAPTER 943 “STORMWATER UTILITY” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 943.04 “Stormwater Fee” and enacting replacement Section 943.04 “Stormwater Fee”.  

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President, at this point I intend to give this second reading I think there needs to be some more discussion on this.  This would raise the stormwater fee from $1.00 to $2.00 beginning July 1st, 2014.  I know there is some concern with just passed street lighting fee and with possibly raising this fee as well.  So I think council needs to continue to discuss this so I would just give it second reading.  

ORDINANCE NO. 59 – 2014 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 59 has received second reading.

ORDINANCE NO. 60 - 2014                      BY:   ENVIRONMENTAL COMMITTEE

Amending CHAPTER 943 “STORMWATER UTILITY” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 943.04 “Stormwater Fee” and enacting replacement Section 943.04 “Stormwater Fee”.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Starrett.

COUNCILWOMAN STARRETT – Thank you, Mr. President, this is the second part it kind of piggybacks onto the last ordinance this would raise the fee from $2.00 to $3.00 beginning January 1st, 2015.  I again intend to give this second reading for continued discussion.

ORDINANCE NO. 60 – 2014 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 60 has received second reading.

17.  REMARKS OF DELEGATIONS AND CITIZENS TO ITEMS NOT ON THE AGENDA

COUNCIL PRESIDENT TOWNSEND – Okay, is there any new or miscellaneous business?  Okay, we have arrived at #17 this is the section of the agenda where people can speak on any topic they wish.  If you come to the microphone please give your name, address and the topic you wish to discuss.

RENEE BOGUE – 204 Willow Avenue NE, Massillon.  First of all I would like to commend council for voting down the four ordinances to lease city owned land for drilling.  Thank you.  Tonight I am asking council to ban gas shale drilling also known as fracking on city owned property.  This will save residents from asking repeatedly for council to protect our family’s health, safety and welfare.  Council would not have to deal with every drilling company that comes in and it will send a message to current residents and future homebuyers that our city will not facilitate placing a well on taxpayer owned land or property rather in your neighborhoods.  It is the most clear and strongest action council can take.  We need to make it clear to drillers that drilling is not a solution for Massillon.  Tonight I passed out packets for you included in the packet is a flyer it is the case for a ban on gas fracking.  I also have extended information on that and that is presented in the book by the same title and I apologize I only have four copies of these but I’ll leave them with council clerk and you may borrow them from her.  In fact you may keep those.  Also I’d like to point out that I have for you on top from Plain Township a resolution that they urged Ohio General Assembly and the Governor’s administration to place a moratorium on the future use of horizontal hydraulic fracturing for shale.  And I included this because I just wanted you to see the reasons they use the logic they used and that was done in February 8th in 2011.  The second sheet that’s stapled is one of the most important thing in this packet it is the actual ban that Plain Township did.  And if you humor me I’d like to read two paragraphs: Now therefore be it hereby resolved by Plain Township Board of Trustees, Stark County, Ohio, that there be no fracking on public lands in Plain Township.  The Plain Township Board of Trustees in accordance with its responsibility to manage, control and protect the property of Plain Township hereby adopt this resolution to specifically preclude the entering into any agreement, contract and/or lease which allows a party to conduct oil and/or gas exploration, drilling and/or pumping by means of fracking on land, tenants and/or real property owned, controlled, managed or leased by Plain Township.  Now therefore be it further hereby resolved by the Plain Township Board of Trustees, Stark County, Ohio, that there be no transfer of mineral rights of Plain Township owned property.  The Board of Trustees further directs and ordains that no mineral rights of Plain Township shall be transferred, sold or otherwise encumbered to any party for the purposes of allowing such party to explore, drill and/or pump said property for oil and/or natural gas by means of fracking.  I also included the Hartville ban on fracking after that.  Thank you very much.

COUNCIL PRESIDENT TOWNSEND – Thank you, is there anyone else?

SCOTT GRABER – I have the petition in the Clerk’s hands could she please present it to the mayor and to yourself for signing I’d like to do that now since the meeting’s over.

COUNCIL PRESIDENT TOWNSEND – No, I’m not signing it so…

SCOTT GRABER – Can I have it back?

COUNCIL PRESIDENT TOWNSEND – Sure, absolutely.

SCOTT GRABER – She’s not going to present it to anybody?

COUNCIL PRESIDENT TOWNSEND – Yeah, we’ll give it back.  We will give it back to you shortly.

SCOTT GRABER – If any council member would like to sign it please go ahead and jump in there.  No council member wants to sign?

COUNCILMAN CHOVAN  – Scott, I think we’ll sign it those of us who are willing to will do it after the meeting is over.  I’ll sign it (okay) but I’ll do it after the meeting.

SCOTT GRABER – I’ll be outside, thank you, Milan.

COUNCIL PRESIDENT TOWNSEND – Is there anyone else?  Well this concludes tonight’s meeting I need a motion to adjourn Councilman Chovan.

18.  ADJOURNMENT

COUNCILMAN CHOVAN – I move that we adjourn, seconded by Councilwoman Scassa.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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