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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 19, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Law Director Stergios, Engineer Dylewski, Park & Rec. Superintendent Kenn Kaminski and Fire Chief Larry Layne. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN TOWNSEND led the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND Chairman of the Rules, Courts, Civil Service 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 JAMES H. DUTROW – This evening I would like to address council in regards to Ordinance No. 99 – 2006. It’s the concern of the adoption of an easement agreement with Wheeling and Lake Erie and Power Resources who I am a representative of. Back when we bought this line and commenced using the line at the time one of the agreement was not recorded. Due to the upcoming sale to Dave Eikel with NIED Corporation I discovered it was not recorded at this point. I ask city council to understand the situation and grant the easement to Power Resources hoping we can then therefore transport the easement to so they can continue operation of supplying the customers with gas on that line. Thank you. DAVE EIGEL – I’m with Northern Industrial Energy Development I’m also working with Jim on this. This line currently serves three customers up in Massillon and the purpose of this is a transfer of ownership with the system but line will continue in operation serving those customers. So we’re asking for this approval of the assignment to help in the transfer of the sale. This was something that really should have been done with easement when it was originally taken from the railroad. But it was an oversight it wasn’t recorded and so it’s now it’s just to assist in the transfer of ownership. It’s just to be able to assign the easement that’s already in place. COUNCIL PRESIDENT GAMBER Alright, thank you very much. Mr. Law Director, would you like to come forward please? LAW DIRECTOR STERGIOS – I just wanted to inform council that you can do it now or when we read the ordinance that the two gentlemen just discussed. But I know all about it and I can explain to you briefly what’s going on since it probably is confusing to hear what they just said when you don’t know the background. So whenever you want to ask me anything feel free to ask. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 90 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – At our work session we had a gentleman here that would like us to create this new zone. He’s anticipating building a 7,200 square foot facility to be located on 2 acres on a parcel Inventuous Circle SE which is in an industrial park. With the Massillon Enterprise Zone at a total investment of $545,000.00 that’s provided that the development incentives are available to support the economic development said project. The Perry School District and Board of Education has been notified of this and they have been given a copy. As I understand we have not heard anything back from them, but our job is to notify them of this enterprise zone. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 90 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 91 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG –.I think most of us have had the opportunity to listen to Judge Elum when he came in and talked about this project. This project involves around the recently purchased state hospital land. At the time of the purchase the city’s main interest was to maintain one of the buildings that they have on that parcel of land that they could use for a maintenance Jed for the Park and Rec. Through this lease that we have here that is before you leasing this land to the CIC which would in turn be looking again to lease the property to Heartland Behavioral Institute would still preserve the building the city originally wanted. When this all takes place the city will at that point receive in return all the money that we have paid for the land. The new owner will accept and pay for the land. I know that the judge has been pretty adamant about that we’ve been dragging our feet on this even though this is the first time it’s been brought before this body. But I do think that the project is well worth wild and I don’t hesitate asking you tonight to suspend the rules. COUNCILMAN BRYAN My questions one is which is for the Auditor. So Mr. Auditor, should the ordinance include what I’m getting at do we have problems from time to time with the State Auditor if we don’t direct in the ordinance where the money received is supposed to go? AUDITOR HAMIT – That’s one thing I’d like to read into the record tonight that I can read the location the deposits should be made in during the minutes maybe that’s sufficient for the State Auditor we can always go back and get them. I’d like to see them in writing in all the ordinance as to the deposit location. That’s one of the items. COUNCILMAN BRYAN We’re all in agreement that any monies received under this lease should go to the Park & Rec. Capital Improvement Fund is that correct? AUDITOR HAMIT – Right, $319,750.00 should be deposited within the 1733.505.4.1430 and the $50,000.00 going back to the court system that fronted this whole purchase. In the beginning it should be in 1204.125.4.1830 and then any subsequent deposits should be made into the Park’s Capital Improvement. COUNCILMAN BRYAN Do you have that in writing, sir? AUDITOR HAMIT – I got it here. Yes sir, I can give it to the Clerk. COUNCILMAN BRYAN Would you give the Clerk a copy and I’m going to ask the Law Director another question about that. AUDITOR HAMIT – I got one more statement also. The page 2 of the agreement I talked to the Law Director Friday reference to it, it being issue number 7 listed in this agreement. They have A & B should be together the parks system originally in the first year gave up $250,000.00 of their Capital Improvement and the Judge paid $50,000.00. So that will adjust the $300,000.00 at the first and then April of this year the parks system also made the second payment of $69,750.00 so that should be those two should be combined and then C should become B, D, C, E then D to keep things in proper order. COUNCILMAN BRYAN If I could continue I have another question this time for the Law Director. Mr. Stergios, should we amend the ordinance to reflect that because I too wanted to make sure that we were clear on where the repayments were going. Also then my second question as far as changing this lease payment schedule as the auditor indicated to $369,700.00 immediately. Do you see a problem with that? LAW DIRECTOR STERGIOS – Can I answer the second question first? (Sure) We purposes put section 3 of the ordinance to read that myself, the Mayor, the Safety Service Director shall approve the terms of the lease after negotiations are completed this lease is substantially similar to what we will enter into. So it’s designed for changes to be made to the body of the lease which I think covers what Mr. Hamit told us about on Friday to change the payment schedule. So it is a working draft for lack of a better word Judge Elum made a number of changes to it of you know nothing of extreme significants that changes the intent of the legislation. So the lease will be different than what we have here, but its substantially similar in that we will get back all of the money that the city has expended and get to keep the maintenance building for the Park & Rec. Department from a practical stand point. So I don’t think we need to start toying with the terms of the lease tonight for those things. I guess you have to rely on me to remember to correct it. First question I don’t have a problem with amending it to put the account numbers in and passing it tonight. I don’t have a problem if you want to give it first reading and add that in and pass it in two weeks. I know that some parties have been adamant about pushing this forward, but I’d be honest I have not heard anything from the developer recently my discussions are always with Judge Elum and the city officials I’m waiting. So either way is we can account numbers very easily. COUNCILMAN BRYAN Except to say that what you do with the ordinance is up to Mr. Mang. But… COUNCILMAN MANG Knowing that there’s going to be changes to this I’d much rather see this lease in the format that its going to not be I’d rather pass it that way. We’ve run some difficulties in the past years where some things have been amended to council was not aware of. I’m going back into the site before the theater it’s not that I don’t trust the law director I do but council never ended up seeing that contract and there’s some changes made. So tonight I would prefer to just give it first reading. ORDINANCE NO. 91 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 92 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Yes, as you know that this is the second time that we’re being requested to act upon this Hunters Pointe annexation. The first time the county turned it down. But our part here tonight really is to advise the county and advise everybody else as to what the services would be if in fact this Hunters Pointe is next. And we’re talking about in section 1 and I think its that is the most important part of this issue is what section 1 delegates as to what will be available of the municipal services to that area. I don’t know if you’ve had the opportunity to read them, but if you do you’ll notice that they’re the exact services are presently being provided to the City of Massillon or to the Massillon residents. I think the only thing in here one of the things that may differ there’s no street lighting in here. So… COUNCILMAN MAIER Are we on 92 or 93? COUNCILMAN MANG 93. Sorry about that members of council. Somehow 93 jumped out ahead of 92 and it really jumped out ahead because I don’t even have it in front of me. Madame Clerk if you will disregard all the common sense that happened prior to this we’ll get back to Ordinance No. 92. COUNCIL PRESIDENT GAMBER Just change the name and keep the comments the same. COUNCILMAN MANG Okay, we recently accepted the Sanders Annexation. This here is now petitioning the County Commissioners to annex the land from Perry to the corporate limits. Whereas the corporate limits would now be include the Sanders Annexation. The annexation is 4.213 acres I think everybody’s quite familiar with the annexation in the area. I will be asking for suspension. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 92 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 93 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG The first ward councilman is past his senior moment right now and he’s ready to move on with Ordinance No. 93. As I was discussing earlier this ordinance deals with the services that we would be provided to Hunters Pointe Annexation upon its acceptance by the County Commissioners. The services are the same as the residents and property owners of the City of Massillon. COUNCILMAN MANG moved to suspend the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 93– 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 94 2006 BY: HEALTH, WELFARE & BLDG REGULATIONS COUNCILWOMAN FERRERO – What we’re doing right here is we are I’m asking everyone to repeal the Ordinance No. 56 from 2005 so that we can act on Ordinance No 94 to amend the codified code. COUNCILMAN BRYAN I know we went over this at the work session. But would you please tell me again what we’re changing or what the change is doing. COUNCILWOMAN FERRERO – It’s just that we are amending or changing the ordinance to just the wording of it to what the Ohio Residential Code has asked us to do. The Ohio Board of Building Standards it’s with Bill Kraft’s department just a language change. COUNCILWOMAN FERRERO 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. 94 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 95 2006 BY: HEALTH, WELFARE & BLDG REGULATIONS COUNCILWOMAN FERRERO What you see on this ordinance is actual wording that’s going to changing , it’s going to be saying Chapter 1305 Residential Building Code of Ohio for One, Two and Three Family Dwellings that about takes care of that change. COUNCILWOMAN FERRERO 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. 95 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 96 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER No one has 96 in their packets at this time I’m going to give it first reading. We need to discuss it at the work session anyways. ORDINANCE NO. 96 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 97 2006 BY: PUBLIC UTILITIES COMMITTEE COUNCILMAN MCCUNE Yes, I’d like for the law director to come forward, please and just give us an overview of this ordinance. LAW DIRECTOR STERGIOS – 97 is and 98 both involve the city entering into a lease agreement with Great Lakes Energy who will be drilling I believe oil and/or gas wells on the properties in question. They will not be drilling on the property that the city owns. Most of you probably recall that to drill a well you need a 40 acre unit and we are one of many entities people that they come to and ask to grant them the right to use in 97 1.43 acres which the city owns. I can’t recall off hand if that’s just all street area or not without looking at the map I think this one might have been mostly street surface. But in either event they do not drill on the city’s property this is a non development lease. So we would get a royalty of some negligible amount if and when the well produces. Same thing would go on the next one except it’s a little larger parcel and I think it does include some land in additional to street area. COUNCILMAN MCCUNE We have a representative here from the Great Lakes Energy Partners and if he would like to come up and explain to us the time frame that he’s under and the actions that he intends to take we would appreciate it. BRIAN MORLEY – Representing Great Lakes Energy Partners what I have submitted in here is two leases. One is 1.43 acres it is street acreage the reason we need that street acreage under the Ohio Revised Code we have to satisfy two criteria’s for drilling these wells. One is acreage requirement to be able to satisfy the other one is a radius requirement that they did part of which would be Cambridge Avenue SE. In the past in talking to Mr. Hamit one of the Ohio Revised Code is in an municipality the mineral ownership of the street belongs to the city or the individuals on both sides. We determine that the city are claiming the minerals underneath the streets so at that time we enter into lease agreements for the streets. We have done it on the Massillon Booster’s Club which would be just to the east of this location 1.43. This one we’re calling it 1.43 called the Massillon Board of Education unit number 1 its all pretty much above the high school. We have terms with the board of education where we’ll be executing that lease this week. The problem that we have came up with this is the time frame. The time frame is they would like us to get in there by July 5th start drilling and be out of there by August 19th because of football practice starts on the 19th. The second parcel we’re talking about it 8.84 acre tract it falls to the south of the Massillon Booster’s Club which would be just north of Cambridge Avenue. That particular case there is 8.84 acre parcel tract that was at one time owned by the Massillon Boosters Club previous to our lease that was sold to the City of Massillon. So we did a correction with the Massillon Boosters Club on our lease. Both of these leases are non surface leases. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 97 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 98 2006 BY: PUBLIC UTILITIES COMMITTEE COUNCILMAN MCCUNE Okay, now on Ordinance No. 98 since we have heard from both our law director and the representative from Great Lakes if we have no questions I’d like to do the same with 98 as 97. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 98 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 99 2006 BY: PUBLIC UTILITIES COMMITTEE COUNCILMAN MCCUNE Yes, on the Ordinance No. 99 we heard from a couple of the participating members. I would like to get the law director to come up and answer any questions that any council members may have in regards to this easement. LAW DIRECTOR STERGIOS – Historically I can tell you very briefly that this is the property that was formerly the Wheeling & Lake Erie Rail Line I believe running from about Warmington Road north towards Republic Steel, RW Screw and thereabouts. Back in 93, 94 the railroad granted Power Resources an easement to lay a pipeline in that area. There after the city purchased the property from the railroad that easement was never recorded with the county recorder’s office. So the title search did not show that it existed ultimately we all knew the line was there because we’d been dealing with it with the crossings and so forth. So now they’re trying to correct basically what happened when the agreement was never recorded. We bought the property subject to this line being in there. So we’re really not giving anything aware we got what we got. So but in able to permit Power Resources to transfer the servicing of the line and to the clear the record up as to the property owner and the granting of the easement they’ve asked us to consent and sign the same easement again and consent to it being assigned to another entity. So that’s the short version but I can certainly elaborate more if anyone wants me to. COUNCILMAN BRYAN Mr. Law Director, where’s this railroad? LAW DIRECTOR STERGIOS – It’s the former Wheeling & Lake Erie tracks running from Warmington Road which is where Grief and Nickles Bakery are runs north along the river and I’m not sure where it ends maybe Jim can answer. We bought it in different stages this is what I call the southern part that we bought. The northern part FiberCorr bought and then gave it to the city is my recollection. I was involved in every one of the deals but this is the southern part right Jim? Yeah, so then it ultimately the line that comes off of there feeds three plants Ring Masters, I think RW Screw and another one who they’re not all using it right now, but the ability is there to use the gas off this line. COUNCILMAN BRYAN Are there any fees that the city’s going to have to incur on this transaction filing fees or…? LAW DIRECTOR STERGIOS – No, fees are our… They pay the recording costs, they paid for the documents to be done. I just reviewed them I have no objections to them they’re pretty straight forward. 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. 99 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 100 2006 BY: STREET, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS We discussed this at the council work session last Monday night it’s pretty cut and dry. It’s just to enter into an agreement with Stark County Commissioners to agree to maintain the road and the bridge so forth after it’s done. COUNCILMAN MANG Yes, is there still a beam going across? COUNCILMAN PETERS Yeah, part of its still there. I mean I’ve seen beams there. COUNCILMAN MCCUNE I believe that beams for some communication wires that are running across there. COUNCILMAN PETERS Yeah, that or gas lines. COUNCILMAN MANG I take it when the new the beams are put in that one will be removed? COUNCIL PRESIDENT GAMBER Would you like to call the engineer to discuss this? Mr. Mang, your question? COUNCILMAN MANG My question is the existing beam will that removed when the construction takes place on the new bridge? ENGINEER DYLEWSKI – Yeah, everything will be removed and a new structure will be put in its place. 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. 100 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 101 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY The first section is to appropriate from the unappropriate balance of Park & Rec. Capital Improvement Fund to an account entitled nature preserve. Section 2 is $100,000.00 from the Park & Rec. Operating Fund into an account entitled capital purchases. These dollars are for the Cotrill property this is to make our June payment for the agreement that we have with them. We do expect to receive grant dollars in late June to repay these accounts. If there are any questions I can have our Auditor Mr. Hamit or possibly Mike Loudiana approach the podium. Section 3 then is $45,000.00 for a new scanner that the Engineer Department does not have it all, a new printer and computers. They will be compatible with other computers throughout the city according to Siefert Technology. $1,270.00 for the Law Director printer and I believe that printer is going to also be a fax machine according to our capital improvement list. Section 4, then is $13,000.00 for crime mapping and I believe that’s all I have on this ordinance. COUNCILMAN BRYAN I have a question for either the Auditor or Park & Rec. Department or anybody who can answer it. How much money have we received toward the nature preserve the Cotrill property from Aultman or anybody else? PARK AND RECREATION SUPERINTENDENT KAMENSKI – Currently, we’ve received $100,000.00 from the Aultman Foundation for the purchase. We are still in the process of gaining grant money as soon as the archeological study is complete which they are working on currently. That would be $200,000.00 and then later on this year we’ll be hopefully receiving the enroc money for district 19. COUNCILMAN PETERS Yes, the Mayor told us at our work session Monday that we were supposed to hear maybe like last Thursday about the enroc money. We didn’t hear anything on that? PARK AND RECREATION SUPERINTENDENT KAMENSKI – No, we did not. The meeting is actually Wednesday afternoon at 2:00 and we’ll hear more at that point this Wednesday. Yeah, this Wednesday the 21st. 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 9 yes. ORDINANCE NO. 101 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 102 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Section 1 of this ordinance 102 is just to accept a grant from Community Health Foundation in the amount of $2,735.00 for the purchase of a rescue boat. Section 2 is authorizing the Director of Public Service and Safety to accept the grant from Community Health Foundation for the purchase of the rescue boat. However, we are not appropriating the money for this ordinance at this time. The fire chief wasn’t there to answer questions on that portion of that so we’ve taken that off of the ordinance and it reads as is. So we’re just accepting grant today. COUNCILMAN BRYAN Also recall that at our work session the Auditor and if I’m wrong please correct me Bill. But also recommended or didn’t sign the legislation requests to appropriate money because he didn’t have the money from the foundation yet. I was going to ask him if he has the money as of yet. AUDITOR HAMIT – I don’t know. That would be the Treasurer’s call but he hasn’t told me it’s come yet. FIRE CHIEF LAYNE – I guess that was deposited last week we had a little problem when they sent us the check that they made it out to Massillon Firefighters Local 251. So we had to return the check and we put in legislation before they sent us the check. Once we got it we had to send it back and then they sent us another one. It has been deposited. 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 9 yes. ORDINANCE NO. 102 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS COUNCIL PRESIDENT GAMBER We do have a petition did everyone receive of the open community petition. Alright, we’ll mention that for the record am I guessing Mrs. Klink brought this in? (No) Can I ask in the audience who brought this petition in tonight? COUNCIL CLERK MARY BETH – Someone stopped in today. It came from Pastor Dave Kimberly dropped it off today. COUNCIL PRESIDENT GAMBER Alright, we have a petition here from Pastor Dave Kimberly basically that says no to the casino with a capital NO in casino. 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT - $150.00 COUNCILWOMAN CATAZARO-PERRY I move we pay the bill, seconded by Councilman Peters Roll call vote of 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR MAY 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER We will meet again on the 26th at 5:45, if you have a guest or special programming please let Mr. Bryan know. COUNCILMAN BRYAN – I may not be here I’ll be in the Cincinnati area and leaving sometime late afternoon. So if I’m not here by 5:45pm I’ll ask Mr. Mang to handle chores for me. COUNCIL PRESIDENT GAMBER That ties into my next question. We do have a council meeting on Monday, July 3rd is there anyone right now who knows they will not be here? If it develops that you will be missing the July 3rd meeting please contact our Clerk so we can be aware of that. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS - NOTHING 13. CALL OF THE CALENDAR - NOTHING 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 73 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG This piece of legislation is being has been held up due to the fact of locating the $100,000.00 that’s to be granted to Polymer Packaging. My question would be to the Auditor Mr. Hamit regarding this $100,000.00 is it now available? (Again, I’ll go back to I don’t know that’s the Treasurer deposit I don’t know) Tim? COUNCILMAN BRYAN – I talked to the law director this evening. If I understood him right there was a detail that held the closing up and it hasn’t closed yet. Is that right Mr. Stergios? LAW DIRECTOR STERGIOS – The deed has been signed the closing statement is signed and I’m waiting for the check to come in the attorney for the buyer had requested a small change in the name of the buyer today. So I would anticipate I mean I dropped it off there last Monday for them to sign all their things and today we changed the name of the entity purchasing. So I would think this week we would have to check, but I said that last week too. I don’t see any reason for it not to it’s a done deal we’re just waiting for the final paperwork. COUNCILMAN MANG I guess my concerns is if council wishes to proceed in passing this legislation even though we do not have the money this is part of the reason why it’s up for its third reading tonight. COUNCILMAN BRYAN – A personal opinion I would prefer to table the ordinance until our next July 3rd meeting. COUNCILMAN MAIER Yes, I would agree with Mr. Bryan. COUNCILMAN PETERS – I’m not in agreement Mr. Stergios said the money is there. I mean it’s just a matter of getting it I think we’ve held this thing up long enough. I don’t know what the big deal is why don’t we just pass it my opinion. COUNCILMAN MANG I will entertain a motion to table this. COUNCILMAN BRYAN moved to table Ordinance No. 73 until July 3rd, seconded by Councilman Maier. ORDINANCE NO. 73 – 2006 WAS TABLED UNTIL JULY 3, 2006, 6 YES, 3 NO. MANSON, PETERS AND TOWNSEND VOTED NO. ORDINANCE NO. 78 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance 78 in section 1 $50,000.00 we will be appropriating from the General Fund into income tax refunds. $5,000.00 into the account entitled web page and that is for the police department. Section 2 is $6,000.00 from the Capital Improvement Fund into services and contracts and that is for the study that will be done by McCoy Associates for the sidewalk and $6,000.00 from the Capital Improvement Fund into an account county collection fees this is for our inheritance tax. If there are any questions I can have the Auditor or Mike Loudiana answer those questions for you. This is the third reading for this ordinance. COUNCILWOMAN CATAZARO-PERRY moved for passage, seconded by Councilman Peters. ORDINANCE NO. 78 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 79 has had a little bit of controversy and since it is our third reading I am going to make a motion to split the question on section 1 pertaining to voting on these two entities separate. So the $10,085.00 we would like to appropriate from the Capital Improvement Fund into an account entitled fire department equipment. This is actually for the trench rescue now we did ask Chief Layne previously have we had any need in the past for a trench rescue and he said no. Chief could you come to the podium and answer any questions and maybe just answer that question one more time for the record. FIRE CHIEF LAYNE – We haven’t had the need, but there is the possibility about three years ago we got an assistance firefighter grant monies we used for training and part of that was trench rescue training. Our firefighters are trained they just need the equipment to use. We’re coming up on a refresher training and we would like to have the equipment to go with the refresher training. COUNCILMAN MAIER Yes, Chief, is there any trench rescue equipment in our immediate area if we had an emergency and we need it? FIRE CHIEF LAYNE – The only ones that we can think of is Green, the City of Green possibly have some and the Stark County Has Mat Team. The way the Has Mat Team works their members are members of fire departments all over the county when something comes up they got to page them in they go to Canton one of the fire stations in Canton pick the equipment up and take it where it’s needed. So if we would need it in a hurry it would take a while. COUNCILMAN MAIER Do you have a guess estimate of what we’re looking at 20 minutes, a half hour? FIRE CHIEF LAYNE – 20 minutes, a half hour, 45 minutes all depends on how fast they can get I think its Canton Station 8 that houses it to get to there and then respond to where we need it. COUNCILWOMAN CATAZARO-PERRY I do have a question for you, Chief. On the Capital Improvement list I would just like to know was this trench rescue included in that list where you have general renovations and equipment? FIRE CHIEF LAYNE – I don’t think we put it down as such. But it was just a general equipment request. COUNCILWOMAN FERRERO – So will that figure that you’re asking for be part of what your request is from Capital Improvement? FIRE CHIEF LAYNE – Yes. COUNCIL PRESIDENT GAMBER Both of these items will be coming from the Capital Improvement Fund. COUNCILWOMAN FERRERO – But have been budgeted. COUNCIL PRESIDENT GAMBER – That’s up to Councilwoman Catazaro-Perry and the Chief to decide what the budget included. COUNCILWOMAN CATAZARO-PERRY That’s what I was asking you Chief, on here we already did the fire truck lease payment and I was just and we also did $65,000.00 for renovations. I was just asking was that part of your plan for the Capital Improvement list. You have $35,000.00 down for general renovations and equipment and I just wanted to know if you had included that in that number? FIRE CHIEF LAYNE – I might not have at the time, but we just kind of thought how much money we’d need to get a couple stations and any equipment needs for the year. COUNCILWOMAN CATAZARO-PERRY So you would subtract that from the $35,000.00 number there? FIRE CHIEF LAYNE – Yes. COUNCIL PRESIDENT GAMBER – Does that answer your question Councilwoman Ferrero? (Yes.) COUNCILWOMAN CATAZARO-PERRY moved to split the question on both line items, seconded by Councilman Peters. Roll call vote of 9 yes to split the line items. Roll call vote of 9 yes on $10,085.00 for fire department equipment. Roll call vote of 9 yes on $5,706.00 for fire department equipment. ORDINANCE NO. 79 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES ON BOTH LINE ITEMS. COUNCIL PRESIDENT GAMBER Do you have a comment or question, Councilwoman Catazaro-Perry. COUNCILWOMAN CATAZARO-PERRY No, I was just going to review what Siefert Technology said last week that’s not a problem everyone must have remembered. So thank you. 15. SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 82 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG The lots in question are located on 4th Street just south of Isabella Avenue. The lot numbers are 4099, 4132 and 4135 we’ll have a public hearing on this next Monday at 7:15 this will be second reading. ORDINANCE NO. 82 – 2006 WAS GIVEN SECOND READING. ORDINANCE NO. 86 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON First thing I’m going to have to do here is we have an amended Ordinance No. 86. Does everybody have the amended copy? The original ordinance it said the cost of said contract shall not exceed $320,000.00 and the engineer asked for half or not even half of what the project would take. I told you at the meeting the committee meeting last week we would probably be amending it and that’s what the amendment will be. It will reflect the total cost will not exceed the $750,000.00. COUNCILMAN MANSON moved to amend Ordinance No. 86 – 2006, seconded by Councilwoman Ferrero. Roll call vote of 9 yes for the amendment. COUNCIL PRESIDENT GAMBER Ordinance No. 86 is amended is now back to first reading. COUNCILMAN MANSON Okay, now I had hoped to maybe move this along a little quicker, but I guess we have a lot of questions or some questions that haven’t been answered yet. My intention will be to give it first reading. I would like to get those questions out so we can get them to our engineer and he can have those for us by the committee meeting. We’ve been through two rather lengthy sessions in committee discussing this so I think we have a pretty good general understanding of this project. I think now its time you know if we have some specific questions we’d like answered please forward them to Keith and we will get those answers back before committee next Monday. COUNCILMAN MANG The only thing I would like is to get some idea as the money that we anticipate receiving. I know you’ve talked about some grants and I understand there’s some talk about possibly getting something out of Congressman Regula’s committee, but I would like to see something as I understand this project is somewhere in the neighborhood of who knows 6.5, 7 million dollars. The biggest concern I have is debt that the city has. It’s not really a question of its need I know its need, but I know also that we have to be concerned about our debt and the ability to pay. COUNCILMAN MANSON Okay, that’s your question you want that answered okay, got that Keith? (Yes) COUNCILMAN PETERS – I might want to add to not directed at anybody in particular, but let our engineer know that you know there were several good questions asked at the work session on Monday night and the gentleman that was here to answer them didn’t do a very good job of answering them. At least in my opinion so maybe have somebody that’s a little more prepared to answer the questions be here so that we can ask a question and they don’t say “oh, I knew you were going to ask that” but then don’t answer it. So if you know we’re going to ask it be prepared to answer it. COUNCIL PRESIDENT GAMBER Very good point it was embarrassing. COUNCILWOMAN FERRERO – Well, I got the communication from our engineer I’m sure that everyone did. That helped me quite a bit his outline that he sent to us did everyone receive it? So now I know that it doesn’t have to rain for 50 years to have a 50 year storm so I wasn’t sure exactly how many years it had to rain. So that was very helpful to me thank you so much. ORDINANCE NO. 78 – 2006 WAS GIVEN FIRST READING. COUNCILMAN BRYAN – I’d like to hear what the Safety Service Director would like to say. SAFETY SERVICE DIRECTOR LOUDIANA - I wanted to thank you for going easy on me tonight it’s been a rough day. I do want to let everybody know we issued a press release today that we’re going to shut down the digesters for about two days to repair that pipe remember that had the dip where the ground crushed it. So that will take place tomorrow possibly around noon. We’ve notified Deville to tell his people that the shopping center hopefully there won’t be any odors emitted that will be that bad, but just in case we want everybody to know. So once that pipe is fixed that eliminates one more problem. Okay? COUNCILWOMAN CATAZARO-PERRY I asked at the work session if the street sweeper had arrived yet. Does anyone know if it’s in and is it up and running and I’ve got a gentleman waiting on it. So… SAFETY SERVICE DIRECTOR LOUDIANA – The street sweeper did arrive we used it this weekend and now it’s out of commission. Something happened to one of the bearings I mean they’re going to fix it, but it’s just like when everything can go wrong everything goes wrong. So it’s been down since Saturday. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA - NOTHING 18. ADJOURNMENT COUNCILMAN TOWNSEND I move that we adjourn, seconded by all. _________________________ ______________________________ |
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