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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 18, 2007. We have in attendance with us this evening: Mayor Cicchinelli, Safety Service Director Loudiana, Auditor Hamit, Law Director Stergios and Engineer Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Jayne Ferrero, Chuck Maier, 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 Councilwoman Catazaro-Perry, seconded by Councilman Manson. Roll call vote of 8 yes to excuse Councilwoman Catazaro-Perry. 2. INVOCATION COUNCILMAN MANSON – Gave the invocation for tonight. We also had a moment of silence in recognition of Cory Endlich and Zachary Grass both made the ultimate sacrifice in Iraq this week. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON – Chairman of the Environmental 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 LOIS MCCUE - 523 3rd Street NE and I’d like to speak in support of the ban on parking in front yards. Thank you. NINO MULLIN – I reside at 511 Wellman Avenue SE. I’m a member of the Wellman Neighborhood Association I’m also treasurer and I represent the association tonight when I said that we’re also in support of a ban against parking in the front yard areas. Thank you. CAROLE CLARK – I live at 702 Young Street SE in Massillon. I am in favor of the ordinance on banning parking in the front yards. I do have some questions if that’s permissible? COUNCIL PRESIDENT GAMBER Well, this is an opportunity for you to make comments not to ask questions. (Okay) So if you’d make your comments the councilman will hear your comments. CAROLE CLARK – Well, my comment would be in the form of a question. COUNCIL PRESIDENT GAMBER You may ask the question what I’m saying is you may not necessarily get an answer. CAROLE CLARK – Okay, alright. Well, I want to know that how this ordinance would be enforced and also there’s some places out by the stadium and how that would affect those people out there that they have parking you know when they have games and stuff like that. I just want to know how this ordinance is going to be enforced. COUNCIL PRESIDENT GAMBER Alright, I’m sure that the council members will take up in their discussions. Thank you. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 71 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for, receive sealed bids and enter into contract with the lowest and best bidder for the South Massillon Trunk Sewer Extension Project. COUNCILMAN MANSON We discussed this at last week’s committee session and we have the engineer here if there’s anybody would like to discuss it. This is a line, Keith you may as well come up and correct me if I say anything wrong here on this. This is a line that will be run behind I believe the 84 Lumber Company and go under the railroad tracks and it will service the industrial park down there on Millennium Boulevard. ENGINEER DYLEWSKI – It will service any future development. COUNCILMAN MANSON Any future development not just the… ENGINEER DYLEWSKI – The current development that’s there now go to the Navarre plant. COUNCILMAN MANSON Anybody have any questions? COUNCILMAN BRYAN Mr. Dylewski is there any pending development that’s going to happen soon that we need to put this line in for or is this future… ENGINEER DYLEWSKI – I’m not aware of any correct, that’s for future. COUNCILMAN BRYAN Future and as the person in charge of all waste water treatment collection and wastewater treatment plant do you feel that the fund you’re going to pay for this extension with is going to have sufficient funds for all the other needs through the rest of the year? ENGINEER DYLEWSKI – Yes, there’s already a fund set up for this project. We will have to appropriate some extra dollars from the Wastewater Treatment Capital Improvement Fund to cover any costs that are going to run over what’s in that account. COUNCILMAN BRYAN Right and that’s going to be about another $100,000.00 to extend the trunk down to… ENGINEER DYLEWSKI – That’s correct, currently I think I believe there’s $94,000.00 in the South Massillon Trunk Sewer Fund. COUNCILMAN BRYAN Okay, so it will be the difference that needs to come out of capital improvement or wastewater capital improvement. ENGINEER DYLEWSKI – That’s correct. COUNCILMAN BRYAN Okay. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 71 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 72 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with the Wheeling and Lake Erie Railway Company for the South Massillon Trunk Sewer Extension Project. COUNCILMAN MANSON Yes, this ordinance pertains to the same project only this is I believe for a permit and maybe an easement I’m not sure we’ll let our engineer explain that to go under the railroad down there. Keith, would you like to come up and explain how that works for us please? ENGINEER DYLEWSKI – It’s just a standard permit that the railroad requires since we’re going to be working in the right-of-way. The lines are going to border the railroad then we have to acquire a permit through them. COUNCILMAN MANSON And what does that permit cost us can you tell me about what the… ENGINEER DYLEWSKI – Total cost will be $16,800.00. COUNCILMAN MANSON It’s not a cheap thing. Any questions anybody I intend to do the same thing with waive the rule if there are no questions. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 72 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 73 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Law Director of the City of Massillon, Ohio, to enter into an agreement with Bricker and Eckler LLP, to provide legal services in the form of representing the City of Massillon, Ohio. COUNCILMAN MANSON Yes, this ordinance is the subject of another ordinance it’s a little further I think we’ll have for second reading here. We changed our positions the city how we’re going to move on this down there. I know I’m sure there may be a few more questions but we have our law director and our engineer here that can help us out if we have any questions. Otherwise its my intent to make a motion to waive the rules on this also and get moving on this. COUNCILMAN MCCUNE I’d like to for the law director to come forward please? Mr. Stergios, you said at last week’s work session that we discussed this and I was wondering if you had any updates for us on where we may be heading with it. LAW DIRECTOR STERGIOS – No updates since last week of consequence I know that documents are being reviewed, but that’s about the extent of it. COUNCILMAN MCCUNE Thank you. LAW DIRECTOR STERGIOS – You’re welcome. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 73 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 74 2007 BY: POLICE AND FIRE COMMITTEE Repealing Section 761.09 “Schedule of Rates” under CHAPTER 761, “TOWING COMPANIES” of the Codified Ordinances of the City of Massillon, Ohio, and enacting new Section 761.09 “Schedule of Rates” under CHAPTER 761 “TOWING COMPANIES” of the Codified Ordinances of the City of Massillon, and declaring an emergency. COUNCILMAN MAIER Yes, this ordinance deals with increasing tow rates for the tow companies in Massillon. At this time I’m going to give it first reading and we’ll have a chance to review it a little more and make sure we’re not way out of line with everyone else. COUNCILMAN BRYAN I could ask the law director a question about this? COUNCIL PRESIDENT GAMBER We’ve given it first reading Mr. Maier… COUNCILMAN MAIER Yes sir, I’m giving it first reading. COUNCIL PRESIDENT GAMBER Do you have any problems if we… COUNCILMAN MAIER He can, yeah, he…I call the law director up that’s fine. COUNCILMAN BRYAN We regulate what the towing companies charge to tow away from an accident or? LAW DIRECTOR STERGIOS – Historically, we have always had a schedule of rates to my knowledge and those are the maximum rates they can charge when they’re called out by our police department or fire department. I’m not sure if it applies when they’re not called out perhaps the director might know that off the top of his head but I think it might apply in all instances. (Well, I check into…) I’ve seen it in many other municipalities because it seems to be common that basically it’s sort of we give them a license to operate in the city and we’re allowed to say the maximum fees they can charge for these types of things. COUNCILMAN BRYAN – I don’t imagine they charge less than the maximum very often. LAW DIRECTOR STERGIOS – I don’t thinK so but I haven’t checked. COUNCILMAN BRYAN – Thank you. LAW DIRECTOR STERGIOS – You’re welcome Mr. Bryan. COUNCILMAN MAIER I would like to make a comment, Mr. Bryan. We already have this in place we’re just wanting to raise the rates. So its not something new they just want to bring it up a little bit and it hasn’t been done for several years. ORDINANCE NO. 74 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 75 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for, receive sealed bids, upon award and approval of the Board of control, with the lowest and best bidder for the Cherry Road NW Improvement Project in the City of Massillon, and declaring an emergency. COUNCILMAN PETERS Yes, we discussed this at our work session last Monday I think we’re all in agreement that the Cherry Road Project needs to be started. This is authorizing the director to go out and receive bids and enter into a contract. If there aren’t any questions I’m going to send this through tonight for passage. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 75 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 76 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with the Stark County Board of Commissioners for the Hills and Dales Road Widening Project, and declaring an emergency. COUNCILMAN PETERS Yes, this is for the Stark County Commissioners are going to widen Hills and Dales Road between Aaronwood Avenue and Brunnerdale Avenue. No city funds are being utilized for this project this is just simply entering into an agreement with the Board of Commissioners because parts of this I assume are in the city limits. If there aren’t any questions again, I’m going to ask that we put this forward for a vote tonight. COUNCIL PRESIDENT GAMBER Do we have any questions? Just for the record would you indicate you know how many lanes and that type of thing? COUNCILMAN PETERS What’s that? COUNCIL PRESIDENT GAMBER Can you describe the project? COUNCILMAN PETERS I don’t have that in front of me, Mr. President. We had that last week at the work session you must not been here when we talked about it. So… COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 76 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 77 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1406 Wastewater Treatment Capital Improvement Fund, 1423 South Massillon Trunk Sewer Fund, 1240 Veterans Park and Duncan Plaza Fund, Street Fund, 1206 Muni Motor Vehicle License Plate Fund and the Bond Retirement WWT Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILMAN BRYAN Councilwoman Catazaro-Perry’s daughter is in the hospital so she asked me to handle the finance ordinances tonight. In our first appropriation ordinance we have in section 1, $60,472.00 for Championship sewer repair from the Wastewater Treatment Capital Improvement Fund, we discussed this at our work session. There was more extensive repairs needed than what was originally thought according to our city engineer. So we have to appropriate additional money. Section 2, we have the $16,800.00 that will be paid for the permit to cross the railroad tracks for the South Massillon Trunk Project coming from the South Massillon Trunk Sewer Fund. Section 3, $10,000.00 from the Veterans Park and Duncan Plaza Fund and Section 4, $3,700.00 from the Street Fund for Services and Contracts. I believe that’s for an emergency repairs to a storm sewer at Duncan Plaza. Section 5, we have $3,500.00 for services and contracts from the Muni Motor Vehicle License Fund that will pay for signal warrant studies to study the intersection of First Street and Charles, 5th Street NE and North, 6th Street NE and North, 8th Street NE and North and 8th Street NE and State to tell the engineer’s office and the administration what the professional opinion is of what should be done with the lights at those streets. In section 5, we also have $700.00 from the Muni Motor Vehicle License Plate Fund for storm sewer repairs. In section 6, from the Bond Retirement WWT Fund $3,300.00 which goes to pay the county fees for collecting the money for us. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 77 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 78 2007 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for, received bids and enter into contract upon award and approval of the Board of Control, with the lowest and best bidder for the purchase of fuel for city vehicles at an off-site location, and declaring an emergency. COUNCILMAN BRYAN It’s just what it says we’re going to authorize the Director of Public Service and Safety to advertise for the lowest and best bids for the purchase of fuel for the city vehicles. Hopefully, we can get a reasonably good bid I noticed that coming down here tonight the price of gasoline jumped $.20 pretty much over night. I don’t understand how that can happen, but they do it over and over again. So without any objections we’ll give this we’ll put this up for a vote tonight and waive the rules so that we can get the bids in time. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 78 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM RICHARD S HASSELL DBA CAPT DICKS DRIVE THRU #2 1005 1ST STREET NE MASSILLON OHIO 44646 TO SERVISHAPR INC DBA CAPT DICKS DRIVE THRU #2 1005 1ST STREET NE MASSILLON OHIO 44646. COUNCIL PRESIDENT GAMBER Mr. Maier, do you have a copy of that? (Yes, sir I do.) Alright. 9. BILLS, ACCOUNTS AND CLAIMS 1. COPECO - $60.00 COUNCILMAN BRYAN I move that we pay the bills, seconded by Councilman Mang. Roll call vote of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR MAY 2007. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER We have committee meetings scheduled for next Monday, June 25th starting at 5:45pm. Are there any reports from anyone any requests, anything happening committees. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILWOMAN FERRERO Id like to call the Safety Service Director forward, please? You have a report you would like to give to us? SAFETY SERVICE DIRECTOR LOUDIANA – Yes, oh we’re ready. It’s not very often that a member of the administration comes before this body and doesn’t ask for anything. When I accepted this position 2.5 years ago, one of the big concerns that the Mayor had was our escalating cost of worker’s comp. So we did a study and we met with the Bureau of Worker’s Comp and the Mayor committed to them to get into a ten step program that would lower our worker’s comp. They claimed it could be lowered approximately $200,000.00 a year. We’ve begun back in 2005, we started half the year and I’m happy to report that in 2005 we got a check for $11,215.00, in 2006, we received a check for $54,564.00 and another check for $21,826.00. In 2007, we received a check for $83,759.00, $40,000.00 that they took from us at the beginning of the year and we objected and they returned that money. In August we’ll receive a check for $24,000.00 that comes to a total of $195,358.00 in May or May 16th I attended a dinner the Bureau of Worker’s Comp and the City of Massillon received the certificate award for achievement from the Bureau of Worker’s Comp and we received an excellence in safety award from the Stark County Council of Safety. We are preceding to get deeper and deeper into this and hope the savings will continue to grow. It takes a lot of work, it take a lot of work of the department heads the goal now is to eliminate injuries obviously. We went back and purged all the employees who were on the worker’s comp roles for us who retired 8 or 9 years ago and still receiving benefits. We notated with them and bought them out and that helps our record and hopefully will give us a good return next year. If you have any questions I’d be glad to answer them. COUNCILWOMAN FERRERO Well, I would just like to commend you and the administration on the fine job you’ve done on recovering all those funds. I would say that we’re very please about that. Thank you so much. SAFETY SERVICE DIRECTOR LOUDIANA – Thank you. COUNCIL PRESIDENT GAMBER Thank you, Mr. Loudiana. COUNCILWOMAN FERRERO I am not going to be here next Monday and so I’m going to have Mr. Manson take over for me for the parking ban. The only thing I would ask of all of you is that if you’ll consider changing who’s going to take care of that to the code officer. I’d rather see that than see the police handling that. I would also like to see some adjustments maybe as far as a warning letter going out first and then the fines being a responsible fine and I’m sure that’s something you’ll all discuss. I do want to thank the people that have come tonight to talk to us about it. I certainly think that tells us that people in our city are very concerned about it. So in my absence I will turn it over to Mr. Manson. He knows how I feel about it and I would ask you to discuss it and so that we can go forward with it for the first Monday in July. COUNCILMAN MANSON Yes, Mr. Gamber, that’s I would like to invite you back Monday that’s why we really wouldn’t comment at the meeting tonight it really wasn’t on the agenda yet but we’ll have a lot of discussion Monday. So I invite everybody to come back. 13. CALL OF THE CALENDAR COUNCIL PRESIDENT GAMBER Alright, we do have one item under Call of the Calendar, Reconsideration of Ordinance No. 64 – 2007. ORDINANCE NO. 64 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement for the sale of a 0.220 acre parcel of land owned by the city to Elum Music, Co. COUNCILMAN MANG I just passed you an amended version of Ordinance No. 64 – 2007. At our last meeting we passed this ordinance which was the sale of land to the Elum Music Company. In section we indicated that the money would be deposited into the Economic Development Fund and that was an error the money is to go into the Bond Retirement of Lincoln Center Phase III. So tonight I’m going to ask you to amend Ordinance No. 64 – 2007 and after we amend it then we’ll be asking for exemption of rules so we can go forward passing it. This is all due to making sure the money gets into the right account. We’re open for questions we have everybody here that can answer them. COUNCIL PRESIDENT GAMBER Are there any questions? What we need first Mr. Mang is a motion to reconsider; once we’ve agreed to reconsider then we need a motion to amend and then after the amendment we vote on passage. COUNCILMAN MANG moved for reconsideration, seconded by Councilman McCune. Roll call vote of 8 yes to reconsider Ordinance No. 64 – 2007. COUNCILMAN MANG moved for the amendment of Ordinance No. 64 – 2007 to read “the auditor is hereby directed to deposit the money from sale of said land into the Bond Retirement Lincoln Center Phase III 1303.940.1830” and that’s in section 4, seconded by Councilman McCune. Roll call vote of 8 yes to amend Ordinance No. 64 – 2007. ORDINANCE NO. 64 – 2007 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES. COUNCILMAN MANG 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. 64 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 14. THIRD READING ORDINANCES AND RESOLUTIONS – Was already taken care of. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 68 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement to arbitration an ongoing dispute with Kokosing Construction concerning issues with the sewer plat upgrade, and declaring an emergency. COUNCILMAN MANSON Yes, this ordinance pertains to the same subject as Ordinance No. 73. We have taken a little different approach on this and after discussions with the law director it’s going to be my recommendation that we table this ordinance indefinitely. If anybody has any questions we can bring the law director up. COUNCIL PRESIDENT GAMBER Mr. Manson, you want to table indefinitely that means it takes a vote to bring it back onto our agenda. (Exactly) Alright, is that a motion? COUNCILMAN MANSON moved to table indefinitely Ordinance No. 68 – 2007, seconded by Councilwoman Ferrero. COUNCIL PRESIDENT GAMBER Again, to the council members if you table to a date it comes back automatically otherwise you need a vote to bring it back. ORDINANCE NO. 68 – 2007 WAS TABLED INDEFINITLEY BY A ROLL CALL VOTE OF 7 YES, 1 NO. BRYAN VOTED NO. ORDINANCE NO. 69 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Amending CHAPTER 351 “PARKING GENERALLY” of the Codified Ordinances of the City of Massillon, and enacting a new Subsection 351.21 “FRONT YARD PARKING” and 351.22 “OFF-STREET PARKING IN RSIDENTIAL DISTRICTS OR ANY PARCELS USED FOR DWELLING PURPOSES” of the CHAPTER 351 ‘PARKING GENERALLY”. COUNCILWOMAN FERRERO Second reading. ORDINANCE NO. 69 – 2007 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANSON – I move that we adjourn, seconded by all.
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