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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, June 16, 2008. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Jayne Ferrero, Engineer Keith Dylewski, Community Development Director Aane Aaby and from the law director’s office we have Bob Cyperski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune. Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MAIER – Yes, I’d like to introduce Theresa Emerly a good friend of mine from the Massillon City Schools. She brought the schools out of fiscal emergency and she’s doing a great job over there. I’d like to introduce her for the invocation. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MAIER – Chairperson of the Police and Fire Committee led those in attendance in the Pledge of Allegiance. COUNCIL PRESIDENT GAMBER I’d like to mention too all of us are aware that Councilman McCune lost his father recently. I’d like to extend our condolences and suggest just a moment of silence and sympathy for the McCune family. Thank you, again our sympathies Dave. 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. 89 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor to enter into an agreement with the Board of Stark County Commissioners and the City of Alliance, Ohio, to form a consortium for the purpose of becoming a participating jurisdiction in the Federal HOME Investment Partnership Program, and declaring an emergency. COUNCILMAN MANG As it was explained to us in the work session the city does not qualify for home funds on its own. For this reason this piece of legislation we have here is to join with Alliance to form a consortium to apply for and receive these funds. The consortium last year received approximately $155,000.00 and these funds were used to provide housing rehab assistance to low income home owners and help to provide a down payment assistance for first time buyers. The city uses this along with our Community Development Block Grant funds to provide emergency home repairs assistance to low income families. As you can see its not only is it great to receive but the city is doing it out of an area that I think helps considerably for people to try to keep their homes up. If there’s any objections here receiving money I’ll take those objections first if there’s no objections Mr. President then I would ask for suspension of rules. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 89 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 90 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Accepting the replatting of Out Lot 313, located on the south side of Harsh Avenue SE, east of 20th Street SE, in the City of Massillon, County of Stark, State of Ohio, presently on file in the office of the City Engineer, and declaring an emergency. COUNCILMAN PETERS We discussed this at Monday’s work session. This property is being replatted so that all the building structures will be located on the same parcel. And as sometimes the case in older areas the property line extends to the center line of the street which that being Harsh Avenue SE for this reason the plat includes the dedication of the existing roadways, the public right-of-way. Although the replat of the lots was approved by the Planning Commission the right-of-way dedication needs to be passed and accepted by city council. If there aren’t any questions or if there are any questions we can get Mr. Dylewski up here to answer them. If not I’m going to move forward on this. 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 9 yes. ORDINANCE NO. 90 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 91 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into contract with the lowest and best bidder upon the approval of the Board of Control for the Lincoln Way (SR 172) Resurfacing Project, and declaring an emergency. COUNCILMAN PETERS The city has been awarded a grant in the amount of $158,000.00 from the municipal road fund which is administered by the Stark County Commissioners for this project. The project limits are from Tommy Henrich NW to 3rd Street NE with the main project components being resurfacing the existing roadway with 2” of asphalt, rehabilitation of the sanitary and storm manholes, storm rehabilitation curb ramp installation. The total engineer’s estimate for this project is $283,453.00. Again if there’s any questions we can bring our engineer forward. We talked about this at Monday’s work session and I believe he answered all the questions there. If there aren’t any questions I’m going to move forward also. COUNCILWOMAN CATAZARO-PERRY I would like to ask Keith where the $125,000.00 left over what account is that going to come out, Keith. ENGINEER DYLEWSKI – We’ll meet with the auditor to figure out if that’ll come out the street fund or motor vehicle license fund at the appropriate time. COUNCILWOMAN CATAZARO-PERRY Thank you. ENGINEER DYLEWSKI – Sure. 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 9 yes. ORDINANCE NO. 91 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 92 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Park & Rec. Fund, 1202 State Highway Fund, Veterans Park Fund and the Federal Law Enforcement Trust Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have four parts to this ordinance I’ll go thru them one at a time here. If you have any questions you can stop me after each one if you want or wait till the end it doesn’t matter. The first one we have $100,000.00 the Parks and Recreation Department is requesting an ordinance appropriating $100,000.00 from the unappropriated balance of the Parks & Rec, Fund 1234 to an account number 1234 and the last numbers are 2410. #2 please appropriate $5,905.00 from the unappropriated balance of the 1202 State Highway Fund to add a battery backup system to the intersection of Lake Avenue and State Route 21. Part #3 the Parks and Rec. Department is requesting an ordinance appropriating $5,000.00 from account 1240.125.1750 to account and the last four digits are 2410 for payment of annual maintenance to the Medal of Honor Park. These funds come out of court fees and fines. #4 we have $5,000.00 please appropriate $5,000.00 from the unappropriated funds of the Federal Law Enforcement Trust Fund into an account 1216.305.2410. These funds are needed to pay for the storage fees for the receipt into the police department of a 2008 Chevrolet Malibu that was forfeited. This is to pay for the storage and towing and everything. That’s it. COUNCIL PRESIDENT GAMBER Are there any questions on any of these items? Mr. Townsend? COUNCILMAN TOWNSEND I maybe wrong but I think there’s a section 5. COUNCILMAN MANSON 5, what is 5, 5 is just declaring it an emergency, that’s all. Any other questions? COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 92 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 12 2008 BY: COMMITTEE OF THE WHOLE Recommending the appointment of Mayor Francis H. Cicchinelli, Jr., to serve as the “at large” mayor’s position on the Stark County 911 Planning Committee. COUNCIL PRESIDENT GAMBER Councilman Mang? COUNCILMAN MANG We’ve been hearing over the last several month’s changes that they would like to see happen on with the 911. The Clerk of Council received a letter from the county administrator Michael Hanke stating that the Board of Commissioners is considering or going to establish a planning committee made up of mayors, trustees, various people in the townships and in the cities. They would like to appoint Mayor Cicchinelli to an “at large” position. This has to be done on a piece of legislation the only thing I don’t see here Mr. Cicchinelli will accept this appointment if so moved? (Yes) By seeing his head move. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 12 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. INDEPENDENT - $18.12 COUNCILMAN MANSON I move that we pay the bills, seconded by Councilwoman Catazaro-Perry. Roll call of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR MAY 2008 COPY FILE COUNCIL PRESIDENT GAMBER Thank you, would you please file all of those in the proper location. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regarding committee assignments next Monday is the fourth of five so there’s no council action. We will meet again on June 30th at 5:30pm. Mr. Mang, I don’t if you want to bring up the topic you were going to regards to meetings. If anyone else has anything cooking for those work sessions please let Mr. Mang be aware of it. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCIL PRESIDENT GAMBER Are there any resolutions or reports or requests from any council members or committees? Mr. Mang? COUNCILMAN MANG Just some commentary, okay? I’m not quite certain what we’re able to do but I’m now seeing a number of vacant homes and I think most of them are rentals. We’re having a problem with the grass being considerably high. I’m not sure if the city’s calling or how or what’s happening but they go in and cut the grass I guess I should say they top the grass. It’s kind of lay it over and lay it over and I guess this meets our ordinance that says the grass has been cut. It looks like they’ve been trying to do hay out there. I’m not really sure what if we have enough enforcement or we should have a little more enforcement because I guess if they go out and cut the grass I guess no matter what it happens to like after they’re done I guess it meets whatever our ordinances read. The one that comes to mind tonight is one that’s been a problem I work for a long time. First it was because it was a vacant lot that an individual tried to build a home on and that didn’t work out because it turned out that it was felt that it would not become structurally sound because of the base of the ground. I think the city ultimately back filled the lot and did all that but here again I’m faced with an individual who’s not taking care of the lot and went in this past weekend with a brush hog or something and just knocked down everything down. I’m quite certain that probably puts him in compliance with whatever. One time when there wasn’t that many residents in the area probably not too many cared. But now it’s maybe the only lot that’s left up there off of Shaw Avenue. So I say its commentary because I’m not sure what we need to do but if the administration feels that there’s some things that we can do to tighten up what we have or if its whatever. I’d like to see some suggestion come back to this body to see if we can’t tighten some of this up. Because I don’t think it’s going to get any better. Tonight I was driving around a little bit and I noticed more tonight than I have in a long time. They’re really high and I know that we the city goes in you know we cut the grass but we don’t do a much better job honestly. You know we’re not out there to rake and fine tooth but I think we have to figure out what we’re going to do because I think it’s going to be a long summer with a lot of high grass. Thank you. COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON Yes, I’d just like to say that last year I ran into the same thing in my neighborhood and it usually seems like the problem is getting that first mowing done. The first mowing its usually looks as bad or worse than it did before it was mowed. But after we get them two or three times they start to straighten up a little bit. I think that’s what we’re going through right now. A lot of them are just being turned in for the first time. COUNCILMAN MANG Well, these are the few that I have are people that apparently have been notified by the city and they made contact with them. They’ve went in and made the initial cut. Now the follow up is whether that happens or not I don’t know. But… COUNCIL PRESIDENT GAMBER Is there anyone else? Also because next week is our off week Madame Clerk, I believe you’ll be taking vacation days is that correct? (Yes) Alright, so between the two of us we’ll monitor the phones and the mail occasionally. If you have a need for anything let us know. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 74 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Repealing CHAPTER 1185 “FLOOD PLAIN AREAS” of the Codified Ordinances of the City of Massillon, Ohio, and enacting a new CHAPTER 1185 “FLOOD PLAIN AREAS” of the Codified Ordinances of the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN SLAGLE This is the ordinance that is repealing our former flood plain area plan. It was recommended by FEMA and the Ohio Department of Natural Resources. It’s a requirement because it reflects the change in the federal code as well as the FEMA guidelines and its to make sure that we’re in compliance with this program so that we’ll always have continuous participation in the National Flood Insurance Program. The reason it was up for three readings is that the law director’s office was reviewing it for the numbering of the bill. However, despite that we’ve discussed this in its present form before in committee I there are two changes both of which are concerning the first two paragraphs that were originally with the bill according to Mr. Stergios. These really are changes are just deletions and if you remember the first paragraph was the statutory authorization that it’s the Ohio Constitution grants the municipality legal authority to adopt land use and control measures. The second was the finding of facts the City of Massillon has special flood hazard areas that are subject to periodic inundation which may result in lose of life and property and so forth. The law director Mr. Stergios obviously felt that those two paragraphs were not needed and the numbering of the statute has therefore changed because now 1.1, 1.2 are now gone and what use to be 1.3 is now 1.1 and from then on its identical. Mr. Stergios is not here because I know he left for vacation this afternoon but assistant law director Robert Cyperski is present should anyone have any questions regarding that need for that change or why the law director made that change. But certainly will I will move tonight that one we amend the ordinance to reflect those two changes and then the appropriate numbering and second I will then after that move that we suspend the rules because now the ordinance will have changed that would require three separate readings of the ordinance so that we can pass it tonight as is done by the law director’s office. COUNCIL PRESIDENT GAMBER Mr. Slagle, would you slowly go through those changes again from the top and if everyone would mark these down. COUNCILMAN SLAGLE The first change obviously is the numbering of the statute to put in compliance with the legislation. But then they took out section 1.1 which is the statutory authorization and its basically just residing that the Ohio Constitution grants the City of Massillon to take action. COUNCIL PRESIDENT GAMBER The entire section 1.1 is deleted? COUNCILMAN SLAGLE That’s correct. Section 1.2 is the findings of fact section which will be entirely deleted and that merely sets forth that we do have flood hazard areas that are subject to periodic floodings resulting in the lost of life and property and the like. That in order to minimize the damages the regulations that follow will be adopted and the statute that we have before us tonight. COUNCIL PRESIDENT GAMBER Alright, 1.3 then? COUNCILMAN SLAGLE I.3 becomes 1.1 and then after that every section obviously into 1. section will change by go down two from what the original was discussed. Section 2.0 definitions, sections 3.0 administration they all remain as is and as was discussed in the work session. COUNCIL PRESIDENT GAMBER Does anyone have the need for the law director’s office to comment on these changes? Apparently not, Mr. Slagle, your motion to amend please? COUNCILMAN SLAGLE move to amend Ordinance 74 – 2008, seconded by Councilman Manson. ORDINANCE NO. 74 – 2008 WAS AMENDED BY A ROLL CALL VOTE OF 9 YES. COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Manson. ORDINANCE NO. 74 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 6 2008 BY: COMMITTEE OF THE WHOLE Urging a moratorium on home foreclosures and congressional enactment of a Homeowners and Bank Protection Act, and declaring an emergency. COUNCIL PRESIDENT GAMBER Mr. Mang? COUNCILMAN MANG Mr. Mang will recognize Mr. McCune. COUNCILMAN MCCUNE This is a resolution that we’ve been working on for several weeks now amending, editing and we’ve finally made it to third reading here tonight. As we know this nation facing a foreclosure crisis and this region in which Massillon sits I believe at last check is #5 in the nation in that crisis. My concern is a lot of the friends and neighbors in this city are being affected by this crisis and I believe even some of the high grass that Ron was talking about earlier is a direct correlation to some of the foreclosures taken place in this city. So I would like to recommend passage of this resolution by council tonight so that we can send a message to our leadership in Washington that we support acting upon this crisis in an expedient manner as possible. COUNCIL PRESIDENT GAMBER Mr. McCune, bring me up to date where are we in terms of the amendments that you had talked about. COUNCILMAN MCCUNE We amended this resolution to take out a lot of the entire second page sometime ago and have left it basically. COUNCIL PRESIDENT GAMBER So this is third reading of the amended resolution. COUNCILMAN MCCUNE Yes, this is third reading of the amended resolution. COUNCIL PRESIDENT GAMBER Alright, are there any comments or questions? COUNCILMAN MANSONS I just want to say as I did the last time that I will be voting against this for three reasons. One is the office that it was recommended to us from the people out of somewhere in Virginia I didn’t like them giving us the language I think the guys are crack pots. Also I think we should be very careful on a moratorium on foreclosures just a blanket moratorium. Quite honestly I don’t favor a homeowner’s bank protection act right at this time. So I will be voting against it. COUNCIL PRESIDENT GAMBER Are there any other comments or questions? COUNCILMAN PETERS I will also be voting against this for the same reasons as Councilman Manson. COUNCILMAN SLAGLE Yeah, I think philosophically its an appropriate place for our city council to express an opinion on. While I too would be somewhat concerned about the organization that pressured us to pass it. I think the actual resolution itself and the message its sending and the need that congress review the situation that has occurred through the recent explosion of home lending and the reason for the foreclosures that came about is an appropriate one. I certainly think its appropriate for the city council of Massillon and any city council to express from a grass-roots level the support for such a decision making process by the federal government. Obviously we are not doing it but we’re just expressing our concern about what’s occurred, why it occurred and how congress and the various leaders above us can avoid it in the future. So I will be voting yes on it I think its appropriate not that everyone deserves to have their foreclosure action stopped. I mean many people just made bad decisions and inappropriate ones. But there are people that did not and something certainly occurred and people should be looking into why that occurred and how it occurred. COUNCIL PRESIDENT GAMBER is there anyone else? Mr. Manson? COUNCILMAN MANSON Yes, I’d like to go back. I don’t have a problem with sending a message I think you know that’s good to send messages. I do have a problem with the language as it is and my problem is if you know if you put your name it you vote yes for it if somebody takes that language literally there’s serious problems, flaws with that ordinance in my mind that resolution in my mind. So that’s my fear if somebody takes it literally. COUNCIL PRESIDENT GAMBER Mr. McCune, your motion please? This is third reading so all we need is a motion for action. COUNCILMAN MCCUNE moved to bring Resolution No. 6 – 2008 forward for its passage, seconded by Councilwoman Catazaro-Perry. RESOLUTION NO. 6 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 2 NO. MANSON AND PETERS VOTED NO. COUNCIL PRESIDENT GAMBER Mr. McCune, will you work with the clerk to make sure that we have this sent to the appropriate offices that you want it to go to? (Sure, my pleasure) .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 79 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.08 of the Massillon Code of 1985 rezoning a certain tract of land from I-1 Light Industrial to B-3 General Business. COUNCILMAN MANG This piece of legislation deals with the now famous Genshaft Park which is presently zoned I-1 Light Industrial and the proposed change to B-3 General Business. This is the area that we’ve been informed Kohl’s will be occupy a portion of it. Madame Clerk, we have a public hearing scheduled for what time. (7:00pm) Public hearing scheduled for 7:00pm and that date is July 7th. This will be second reading. ORDINANCE NO. 79 – 2008 WAS GIVEN SECOND READING. ORDINANCE NO. 80 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.08 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township to I-2 General Industrial District. COUNCILMAN MANG This rezoning is the Prophecy annexed area that presently showing a zoning code of Perry Township. They’d like to establish a zoning for that as I-2 General Industrial District. This also will have a public hearing that public hearing will also be on the 7th and the time 7:25pm. Second reading. ORDINANCE NO. 80 – 2008 WAS GIVEN SECOND READING. ORDINANCE NO. 81 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Range Resources Appalachia, LLC for a 9.47 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE Yes, this is another one of those ordinances where basically we get the City of Massillon gets some money because we own within the radius of development. I’m going to move that waive the rules tonight but I wanted to let council know that I am continuing to work with one of state officials in hopes of having this looked at as it seems like we’re in the midst of some wild west drilling where cities and municipalities have no control over stopping these if they should have a concern over it. But because there’s nothing we can do in the immediate I’m going to waive the rules and pass this here tonight. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Mang. COUNCILMAN TOWNSEND I thought we had discussed at one of the work sessions that one of these lands were owned by a private owner. COUNCIL PRESIDENT GAMBER Are you directing the question to Mr. McCune? COUNCILMAN TOWNSEND Yes. COUNCILMAN MCCUNE Keith, do you want to come up and explain this to us again. We own part of this or in the radius of where this drilling will take place, Tony. But I’ll Keith explain it to you. ENGINEER DYLEWSKI – Well, the actual well will be drilled on private property but since we own property within the 40 acre radius that’s why we are entering into an agreement. COUNCILMAN SLAGLE And we do have requirements regarding the procedure by which the drilling occurs how to protect the drills from like children climbing on like that as well, right? ENGINEER DYLEWSKI – I’m not familiar with the zoning code on that particular issue I don’t know if Aane can shed some light on that or not. COUNCIL PRESIDENT GAMBER My understanding is those are state regulations at this point. Our entire chapter in our ordinance is obsolete. Either Mr. McCune or Mr. Mang I forget which we’ve asked to looked into either revising or deleting that chapter. But if you’d like to have Mr. Aaby come forward we’d be happy to. Any other questions for the engineer while he’s here. Thank you again Mr. Dylewski. Are you requesting Mr. Aaby? COUNCILMAN SLAGLE Yes, please. COMMUNITY DEVELOPMENT DIRECTOR AABY – As of one of the most recent council meetings or work sessions there was some emails back and forth with the law director’s office who have been looking into this. The state legislature passed a law a few years back taking control of the entire permitting in oil and gas well drilling process. So all the permitting goes through the Department of Natural Resources and they’re responsible for all the administration and enforcement of whatever the procedures are involved with drilling a well. The city we really have no jurisdiction in that. COUNCILMAN SLAGLE We and… COMMUNITY DEVELOPMENT DIRECTOR AABY – Oh, I know we have a law on the books but its really I think the way the law director was looking at it its really unenforceable. We have no state law that was passed superseded the ordinance that we had in effect. COUNCILMAN SLAGLE So we don’t there’s no way to require the drillers to protect the public in the event of some unfortunate consequence of that drilling procedure? COMMUNITY DEVELOPMENT DIRECTOR AABY – The state if the state has a web the Department of Natural Resources’ website that oversees this lists all their regulations and requirements and permitting requirements and operating requirements and whatever those procedures are they’re all mandated and spelled out and enforced by the Department of Natural Resources. COUNCILMAN SLAGLE Well, alright I guess that didn’t answer my question though. I can understand how we can’t have any because the state has taken jurisdiction over the actual drilling of the sites and what has to be followed they do it. But the state is not who would be affected by the unfortunate consequence of something occurring either during the drilling of the well or perhaps following with the operation of the well. I was just wondering if there’s anything that the city can do to protect the general public in that event. COMMUNITY DEVELOPMENT DIRECTOR AABY – Yeah, I’m not certain I know the law director is looking into it. COUNCILMAN SLAGLE For instance requiring them to post a bond or show satisfactory liability insurance. COUNCIL PRESIDENT GAMBER Mr. Slagle, I’ve asked Dave McCune as chairman of the public utilities to look into it and you know as Aane just said whatever the city can do we will re-codify whatever we can’t do it may take action at the state level to give us back a little bit of control over what actually happens here. COUNCILMAN PETERS Mr. Slagle, I can first hand from first hand experience answer some of your questions. When these oil companies or drilling companies come in they #1 they have to post a bond with the State of Ohio. Okay for I don’t know the exact dollar amount and they have to meet very stringent requirements as for protection of the public and so forth. They’re closely watched by OSHA, they’re closely watched by the state, there’s a state drilling inspector on site comes in and inspects it. I know all this first hand because the company I work for drilled several wells over the you know past 20 years. I know the procedures and I know that if Mr. Stergios was here he would tell you the same exact same thing because he was his firm was involved with those things and he could tell you really closely they are watched. I mean I hope that answers your question but I mean they’re watched very closely I mean they don’t just come in and stick a drill bit in the ground and a way they go. I mean they have to jump through a lot of hoops to do what they do. COUNCILMAN MCCUNE As I said earlier I’m hoping to work with one of our state legislators to try to have some that legislation amended to give the cities and municipalities some say in what’s going on in our own backyards. I don’t really hold out a lot of hope for that but as least we can have our concerns voiced and maybe heard in Columbus. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 81 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 82 2008 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Range Resources Appalachia, LLC for a 5.40 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE This is identical to Ordinance No. 81 and once again I’ll be asking to waive the rules. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 82 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 83 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing and directing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign a proposal with URS for professional engineering services for the design of certain intersections in the City of Massillon, and declaring an emergency. COUNCILMAN PETERS I held this up and gave it first reading the last time because at the request of our city auditor because she had some questions that needed answered. At our work session Monday those questions were answered by the city engineer and so what this basically is it to authorize the director of public service and safety to sign an agreement with URS for professional engineering services for the design of the following intersections. State Route 241 and Lake Avenue, State Route 241 and Hankins and State Route 241 Erie Street and Tremont Avenue and State Route 172 Lincoln Way East and 27th Street/Jackson Avenue. Construction for these projects are scheduled for 2009 and I believe that’s what our engineer said that we wouldn’t be asking for any funding until 2009. So that answered the auditor’s question so if there aren’t any questions or if there are our auditor is here and our engineer are here and we can bring one or both of them up here for any questions. But we answered most of them at the work session on Monday. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 83 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MAIER – I move that we adjourn, seconded by all.
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