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COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, May 21, 2007. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Law Director Stergios and Fire Chief Burgasser. 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. We also have in the audience tonight a young man named Kyle Kish, Kyle is a ward 6 resident working on his eagle ranking for the boy scouts. He’s with Troup 916 out of St. Paul’s Lutheran Church. He’s the son of Jeff and Kim Kish. Welcome and good luck as you work your way through that eagle badge. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN I move to excuse Councilman Maier, seconded by Councilwoman Catazaro-Perry. Roll call vote of 7 yes, 1 no to excuse Councilman Maier. Peters voted no. 2. INVOCATION COUNCILMAN PETERS – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN PETERS – Chairman of the Streets, Highways, Traffic and Safety 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. 58 2007 BY: POLICE AND FIRE COMMITTEE Amending Chapter 1511 “OPEN BURNING” of the Codified Ordinances of the City of Massillon, Ohio, and enacting new sections 1511.06 “DEFINITION AND EXEMPTION”, 1511.07 “LOCATION, MATERIAL, SIZE, DURATION AND ATTENDANCE”, 1511.08 “APPROVED EXTINGUISHING EQUIPMENT” and 1511.09 “PROHIBITED OPEN BURNING” and declaring an emergency. COUNCILMAN PETERS Yes, we discussed this last Monday at our work session the chief was here to answer any questions that we might have had. He also was concerned that we’d get this passed tonight because this is the season where people will be starting to do camp fires and so forth. The chief is here maybe he’d like to come up and just briefly explain it again for everyone. FIRE CHIEF BURGASSER – Just briefly again and we did talk about this at the work session. What we’re trying to do is make this more user friendly in terms of a vehicle which city residents can actually use to their advantage. We changed it from cooking fire to a recreational fire where you could use it for warmth, for fellowship, for all kinds of things. We amended the constraints with respect to 50 feet of a structure we changed that to 25 feet within a structure or a fire hazard. So we kind of made it more common sense we made it more user friendly if you will. We also changed the constraints in terms of application for our purposes we found that notifying the Red Center and notifying the fire department in advanced did really nothing in terms of something that the city could use to its advantage. All it did was take up the time of the Red Center employees and certainly the firefighters. If any citizen or resident has a complaint about a burn issue whether it’s an illegal fire or a recreational fire you call us and we’ll come out. We always do that we always have done that what we’ve found is that when they called in we found that it was fire we went out and investigated it the middle of the other constraints except for the fact that they called in we would extinguish it anyways. So really we kind of rendered useless the purpose for calling in and this addresses that. We’ll just assume that all fires are perfectly legal recreational fires that won’t upset anybody unless someone makes a complaint and then we’ll respond. That’s our job. COUNCILMAN BRYAN – Mr. Donnie, I’d just like to make clear since the chief did speak to it tonight that this does not mean you can burn your leaves or you can burn rubbish or anything like that in the City of Massillon. It’s just purely for camp fires and that kind of thing. COUNCILMAN PETERS 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. 58 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 59 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Vacating a portion of a certain public alley – 14th Street NW. COUNCILMAN PETERS Yes, this is an ordinance to vacate an alley on 14th Street NW. We talked about this also Monday and went over where it was and so forth. All of the adjacent property owners have signed the petition saying they don’t have problem with that. It’s so that the people that are living in the house on 14th Street can turn it into a concrete driveway. COUNCILMAN PETERS 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. ORDINANCE NO. 59 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 60 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Massillon Police Department Safety Forces Equipment Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 60 – 2007 is $15,000.00 from the Police Department Safety Forces Equipment Fund for jail repairs and improvements. 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. 60 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 61 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY first reading. ORDINANCE NO. 61 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 62 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 62 – 2007 is to appropriate $1,000.00 from the Wastewater Treatment Capital Improvement Fund for the county to collect our delinquent sewer funds. This is what the county has charged us is $1,000.00 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. 62 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR APRIL 2007. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee sessions next Monday is Memorial Day so we will meet on Tuesday the 29th. Are there any other committee reports, any resolutions any requests from council members? COUNCILMAN BRYAN – As far as Parks and Recreation Committee a couple of reports. We’ll be meeting I will be meeting tomorrow with Mr. Kaminski and I believe two members of his staff to talk further about the skate park and how we might proceed with the skate park. That will be tomorrow at 11:00am at the Rec. Center I’ve notified the press just in case a quorum shows up. I’m also I don’t know if all of you got a copy of this tonight but we have a copy from the law director of a letter he wrote to Michael Francis’ attorney. This is regarding the lease agreement from the city to the CIC to Michael Francis’ company of the buildings and land surrounding our recreation department maintenance building close to Heartland Behavioral and the golf course. So the law director indicates he plans on submitting this lease to us next work session. Mr. Mang, I don’t know if it will come to your committee or mine in any case we should be ready to get this passed I hope and finalize this deal which will mean an excellent stream of revenue for our parks department. In essence, we’ll end up owning the park recreation maintenance building in the long run at no cost to the citizens of Massillon which would be a wonderful outcome. So if you have any questions about that please be prepared to ask them at the next work session and hopefully we can pass this at our first meeting in June. COUNCIL CLERK MARY BETH – I can email a copy to everybody tomorrow morning. COUNCILMAN PETERS – When did you say that meeting was? COUNCILMAN BRYAN – About the skate park? (Yeah) Tomorrow at 11:00am. (Where at?) At the Rec. Center I don’t know which room they didn’t tell me that. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS LAW DIRECTOR STERGIOS – The committee meeting on the deal with Mr. Francis I will come to that on Tuesday so if anybody has any questions let me know then. The leases are I believe I gave Tim copies we can certainly email them to everybody if anybody wants to read them they’re pretty much along the same lines as what we had before. I also intend on Tuesday and I’ll get this out on Wednesday to the proper committee most of you would recall that when we did the transaction with the movie theatre that council basically made a commitment to sell a very small parcel to Elum Music. So I intend to bring legislation forward to finalize that the surveys have been done, but needs the final signing off and Mr. Manson will give everyone the history and I think Tim knows it also. But it’s like you know it’s like $12,000.00 not a huge deal, but we do need to approve that. So I hope to have both of those, so anyhow any questions we’ll be ready to answer them in the committee meeting. Thank you. 13. CALL OF THE CALENDAR .SECOND READING ORDINANCES AND RESOLUTIONS 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 MANG Ordinance No. 50 deals with the city’s intent to convey the property to a private commercial developer as part of Lincoln Center Phase III project. We’ve got a public hearing scheduled for June 4th. The only thing that’s been brought to my attention that we don’t have a sketch or we don’t have anything as to what’s going to be done. I just wondered if we’ve got anything coming forward. Second reading tonight. ORDINANCE NO. 50 – 2007 WAS GIVEN SECOND 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 MANG Ordinance No. 51 deals with the proposed development it’s bound by Federal and 3rd Street and North Avenue and Fourth Street. Converting it from multi family to central business they proposed a 13 residential townhouse with possible mixed business. Tonight it will be for second reading; public hearing will be on June 4th at 6:35pm. ORDINANCE NO. 51 – 2007 WAS GIVEN SECOND 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 MANG The applicant for this Ordinance No. 52, Mr. Oser has requested that we table this piece of legislation until September 18th to give him more time to present to this body and to the public his intentions on how that will be developed. So I will be making the motion to table this until September 18th, which would require that prior a month prior to September 18th we would have to re-advertise this and we would also have to send letters to the public involved. I would request the media here tonight if they would be so kind as to make note of this in the paper so that if we can’t get to the people that we’ve already sent letters to that the notification in the paper would help. COUNCILMAN MANG moved to table Ordinance No. 52 – 2007 until September 18th, 2007, seconded by Councilman McCune. COUNCIL PRESIDENT GAMBER Before we move for a vote let me mention also that we did discuss sending notification out to everyone that received a letter about the hearing for two weeks from now so that they will also know that meeting has been tabled up until September. COUNCILMAN BRYAN – Just a technical question I guess. So the ordinance has been read for the second time so when it comes up in September will that be the third reading then, right. COUNCIL PRESIDENT GAMBER That will be the third reading, correct. COUNCILMAN BRYAN – Okay. COUNCILMAN MANG You know it might be possible when we send that letter out that we also establish a time memo for the public hearing and get it all done at one time. COUNCIL PRESIDENT GAMBER We can discuss that next Tuesday whatever you’d like to put in that letter we can do it at that time. Roll call vote of 8 yes to table Ordinance No. 52 – 2007 until September 18, 2007. ORDINANCE NO. 52 – 2007 WAS TABLED UNTIL SEPTEMBER 18, 2007. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILWOMAN FERRERO – Yes, I’d like to ask the Mayor to come to the podium please? MAYOR CICCHINELLI - This is not why I asked to speak, but Mr. Mang, you mentioned about a preliminary site plan for the property the 3.5 acres I will attempt to give you that or get you that by the public hearing. When is that public hearing? (June 4th at 6:30pm) Okay, I will attempt to get you something. Just an FYI just to inform council I am going to be calling a special meeting of council next Tuesday night prior to your work session to ask for you to pass an ordinance concerning the Cottrill property the nature preserve as all of you know. We’re in the process of acquiring that the next payment is due on or before June 1st and as all of you know we have applied for 2 grants, 1 is $200,000 directly from the Clean Ohio fund the other is $250,000 grant from Enroc. Both of those grants have been approved but we’ve not been able to secure those dollars yet. There’s a couple of different reasons with the changes of administration there are some changes I believe personnel, maybe procedures and reviews and everything else. So it’s been a little delayed further than what we thought. I’m going to attempt to get you letters from both entities to show you that the city has been approved for these grants. But in the interim we have an agreement with Cottrill with Danny Cottrill and I think we should proceed with making the next payment as we all agreed to do in the ordinance that specified when each payment was due. We have an interim method of paying for it and we’ll get into further details on Tuesday, but basically it’s again taking $40,000 out of our economic development fund and then taking another $100,000 out of capital improvement. Please keep in mind that when these other dollars come in and we’re sure those dollars will be forthcoming then the appropriate funds will be the dollars will be replaced in those appropriate funds. But we think we should follow through and abide by the ordinance that we passed and you know the administration feels very strongly about this project and we want to keep moving the project forward. I’ll take any questions. COUNCILMAN MCCUNE – It’s as we know it’s in the sixth ward and as everyone knows I feel very strongly about this. I think its one of the most important things we as leaders of the city can do for our future generations. So I look forward to making sure we get that done. MAYOR CICCHINELLI – Keep in mind, there’s also been another $200,000 put into this project by the Aultman Health Foundation. So as we there’s been no city dollars spent other than the fore mentioned dollars that were taken out of these funds, but sometimes when you deal with the state I’m certainly not faulting anyone but sometimes it takes a little longer than what we call for. But we have been approved for both grants and hopefully council will agree to do that and abide by our agreement with Cottrill. Prefer any time? COUNCIL PRESIDENT GAMBER I have a question. I assume that will go through the finance committee? MAYOR CICCHINELLI – Whatever committee you want me to send it through. COUNCIL PRESIDENT GAMBER Alright, one point they’ll need to sign off on it. Whatever your request is. COUNCILMAN BRYAN – It’s an appropriation I still believe it should come through the finance committee I can handle it because I think our finance chair may have another commitment that night. So if she can’t do it. COUNCILWOMAN CATAZARO-PERRY - I have a commitment Tuesday night. COUNCILMAN PETERS – I’m not going to be here either I’ll be out of town. COUNCILMAN MANSON – I’m out of town. MAYOR CICCHINELLI – Okay, well, we’re down to 7, so is everybody else going to be here. COUNCILMAN MANSON – I’m going to be out of town. COUNCIL PRESIDENT GAMBER For emergency passage, we need 7 to suspend the rules. MAYOR CICCHINELLI – Well, see I didn’t know any of that. Yeah, if I can call a special meeting this week I…as long as nobody has any objection I can call it for any day other than we have to of course notify the press. Any day better, Thursday afternoon? COUNCILMAN BRYAN – I would think Thursday might be better. COUNCILWOMAN CATAZARO-PERRY – I’m committed from 4pm to 6pm on Thursday already. COUNCILMAN MANSON – Let’s make it early in the day. COUNCILMAN MCCUNE – I don’t know if I can be here early in the day. MAYOR CICCHINELLI – I can call it Wednesday its 24 hour notice I can get it out. Wednesday, okay? COUNCILWOMAN CATAZARO-PERRY – I’m committed 6pm to 8pm on Wednesday. COUNCILMAN MANSON – Is Chuck going to be back in town I guess that’s another issue? COUNCILMAN PETERS – Yeah, that’s another problem. COUNCILWOMAN CATAZARO-PERRY – I think he’s off for a few days. I know for a few days. COUNCILMAN PETERS – It’s only a school trip so I don’t think they’re going for a week. MAYOR CICCHINELLI – Well, I can do it Friday; I wanted to avoid Friday, but I can certainly do it Friday. Is Friday okay can we all make it on Friday? COUNCILWOMAN FERRERO – Could we do it early on Friday, though? MAYOR CICCHINELLI – What does that mean, Mamam? COUNCILMAN MCCUNE – I can’t be here before I’ll have to arrange to be here by 4:00pm. COUNCILWOMAN FERRERO – Could you be here at 4:00pm? COUNCILWOMAN CATAZARO-PERRY – I’m interviewing people on Friday, I’m sorry until probably 5:00pm. MAYOR CICCHINELLI – 5:00pm, okay? It shouldn’t really take too long. COUNCILMAN MANSON – Next Wednesday? MAYOR CICCHINELLI – We’re sort of pushing it, but next Wednesday would be I mean I figured they were coming Tuesday so we’d have it on Tuesday. Let’s do it Friday will we have 8 if we do it at 5:00pm on Friday. We’ll have, we can do it at 5:00pm, Jayne, you’re okay, Kathy, you’re okay with it? (I’ll make it work) Okay, we’ll set it for 5:00pm on Friday take as long as you folks want to take. It’s pretty simple. Okay, thank you. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA FRANK SASZ – I’m with the Ohio Vietnam Veterans Memorial Park. I live in Portage Lakes, Ohio. We’re building the park over in Clinton, Ohio; we are having a ground breaking on the 16th of June. The governor will be up here to be the main speaker. We will have 16 extra monuments to go around the wall that we’re looking at I have a short DVD it’s narrated by Hal Moore, if any of you have seen We Are Soldiers he’s portrayed by Mel Gibson. There’s a possibility he maybe up here for the ground breaking, but he will be here for the opening which we’re opening to be in 2008, September. I have a short DVD I’d like to show you if I can show it to you now. At this time he was showing his DVD presentation to council. Frank Sasz had presented some literature to the council members which will be included as part of the record. COUNCILWOMAN CATAZARO-PERRY – Glenn, I have one thing I’d like to ask council members. I received a call from a board member from the Humane Society and he had asked me if I had any complaints in ward 3 about stray cats. But the Humane Society board of directors is very interested to find out if we are having problems with stray cats in our wards. So if anybody would you please let me know so I can share that back with the board of directors on the Humane Society. 18. ADJOURNMENT COUNCILMAN PETERS I move that we adjourn, seconded by all.
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