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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, July 2, 2007. We have in attendance with us this evening: Auditor Bill Hamit, Law Director Perry Stergios, Community Development Director Aane Aaby and Police Chief Rob Williams. 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 and Donnie Peters. Thus giving a roll call vote of 7 present. COUNCILMAN BRYAN I move that we excuse Councilwoman Catazaro-Perry and Councilman Townsend, seconded by Councilman Mang. Roll call vote of 6 yes, 1 no to excuse Councilwoman Catazaro-Perry and Councilman Townsend. Peters voted no. 2. INVOCATION COUNCILMAN MCCUNE – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MCCUNE – Chairman of the Public Utilities Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER This is the point of our agenda where citizens may speak on items that appear on our agenda. If you would like to speak I invite you forward to the microphone please give your name, address and make your comments. Let me remind you this is an opportunity for your comments it’s not necessarily a question and answer session. Also if you plan to speak please come forward don’t wait for another invitation. JUDY MILLER – I live at 201 Lake Avenue NE in Massillon. I just wanted to give you some more of my petitions that my neighborhood associate groups have gathered. I still have more outstanding, but this is what I have as of today and I’ll just give this to Mr. Manson. COUNCIL PRESIDENT GAMBER And these petitions are for? JUDY MILLER – For the passing of the ordinance for the parking on the front yard. Thank you. COUNCIL PRESIDENT GAMBER Is your name on there somewhere is there somewhere that we can identify where these petitions came from? JUDY MILLER – No, my name is on there but I can put my name and phone call where you can reach me. COUNCIL PRESIDENT GAMBER Alright, if you would please that way…When Mrs. Miller sits down we’ll invite the next person forward. SUSAN SARACINA – I live at 504 Lincoln Way East here in Massillon. I am for the parking ban I live on the corner of 5th and Lincoln Way East. I’ve heard discussions about there’s no place to park for people well living on Lincoln Way East there’s no place to park as everyone knows. On the corner 5th, 5th is a street that has one sided parking and with this one sided parking there’s a lot of tenants in the area and they park there. I have two parking places in the back of the house we have two vehicles. We also have a double lot where we could park vehicles in there we could maybe get two, three, four cars in there. I have a large family that comes from Cincinnati they have no problem parking on Federal or 5th if they can find a spot. I would not be proud to have any cars parked in my front yard. I do live in a commercial area this area consists of Wendy’s and a new car lot and a few other rentals beside me. But I take pride in my property and I’ve put we’ve put a lot of money into this property and I would never, ever think or consider parking any type of car in the front yard. Thank you. CHIP SHEW – I’m the mill manager down at Greif at 9420 Warmington Road SW in Massillon. I’m here to speak in regard to the ordinance that you’re going to talk about again tonight on sewer surcharge and the environmental issues that are at stake there. As a business manager for Greif I speak on behalf of all of Greif I can tell you that there’s a lot of issues that are still unresolved in this matter. I understand there will probably be an ordinance put before you tonight which we were led to believe that we see would see first so there would be some give and take in reply between the businesses of Massillon and ourselves. So with that as I said there’s a tremendous expense to our business if this ordinance were to go through with an extreme cost escalation as you’re proposing and we ask before this becomes legislation that you table this discussion again tonight because we are still waiting to get back with the Mayor and the other businesses together as a forum and get together collectively to I think re-read this ordinance and we’ll ask for your consideration on further discussion on this ordinance. Like I said on behalf of Greif we thank you for your time. COUNCIL PRESIDENT GAMBER Mr. Shew, if I might you indicated you were under the impression you were going to have an opportunity to discuss this ordinance before it came back up. (That’s correct) And you have not had that opportunity? (That’s correct) Okay. Thank you. (Thank you). COUNCILMAN MANSON Could I clarify…? COUNCIL PRESIDENT GAMBER In a moment. Mr. Morgan, if you’d like to you can raise that microphone or pick it up. SYLVESTER MORGAN – I’m with the board with the parking ban. I live at 1525 Walnut Road SE, Massillon. The ban goes in affect well its in affect now and I am tired of looking at cars in people’s front yards, sitting on top of blocks whatever. I think it’s wrong because we’re trying to beautify the southeast end and the only way to beautify it is get rid of those cars and on the grass. I don’t have no problem with the handicap they can park on their lots because they’ve got to have access to their house. But as far as people parking on the grass it’s ridiculous. I’m really against it, my board’s against it and I would hope to have something done with this. Thank you. ORDINANCE NO. 79 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Bill Hawk, Inc., to provide tax abatement for the company to move from the City of Dover to the City of Massillon, and declaring an emergency. COUNCILMAN MANG We had the opportunity at our work session last Monday evening to have this application explained pretty well by Aane Aaby. We also had the two principals here from Bill Hawk, Inc. Tonight what we have is we have an agreement that if passed by this council would provide the enterprise zone and also would provide them with their 75% tax abatement that they’ve asked for over a 10 year period. They’ve indicated that the total cost of this project is over $2 million and it will result in the relocation and retention of about 72 existing jobs and the creation of about 13 new jobs. Looking at a payroll figure of about $4 million dollars. Now we do know that some of these jobs will not actually exist in the city as far as taxes go. But there will be a number of jobs that will. This lies in the Perry School District and Perry School was sent a letter notifying of the application for tax exemption and they have not indicated that they’re opposed to it and by not hearing anything from them we would agree that they don’t have a problem with it. If council doesn’t have any problem with it tonight why I will then be asking for suspension of rules. I don’t feel there’s any reason not to get these people into the city since they want to come up here from Dover to put up a new complex on 5. some acres and around 16,000 square foot the sooner that building gets started the sooner we have some new people working in the city and income tax can be collected. So I’ll leave the door open if you have questions and if not then I will be asking for suspension. COUNCILMAN BRYAN Can I ask Aane Aaby a question since he’s here? Mr. Aaby, the Ohio code still says we have to share income tax with the affected school district if the payroll is over a $1 million dollars or has that changed? COMMUNITY DEVELOPMENT DIRECTOR AABY – That’s correct, that’s still in effect, yes. COUNCILMAN BRYAN This particular tax abatement the payroll’s about $3.5 million, but we don’t know how much of that will be in the city and how much of it will be from field workers who won’t be paying city income tax. COMMUNITY DEVELOPMENT DIRECTOR AABY – That’s correct, I think what they had mentioned last week approximately 30 people maybe at the site. COUNCILMAN BRYAN Well, that’s after they add the 13. COMMUNITY DEVELOPMENT DIRECTOR AABY – Yeah, at the site they add the 13. So it’s based on the payroll scales I think they were quoting we’ll probably be over that $1 million mark. COUNCILMAN BRYAN Right, so we’ll probably be sharing the income tax with the Perry Local School, correct? And you will monitor that or who will monitor that? COMMUNITY DEVELOPMENT DIRECTOR AABY – Yes, we monitor that. I work with Linda McGill in the income tax office to do that. COUNCILMAN BRYAN Okay, that was my only question, Mr. Mang. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 7 yes. ORDINANCE NO. 79 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. ORDINANCE NO. 80 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to accept the dedication of a 40 foot wide and 30 foot wide sanitary sewer easement on Out Lot 569, located on the north side of Navarre Road SE, west of Millennium Blvd; for the South Massillon Trunk Sewer Extension Project, and declaring an emergency. COUNCIL PRESIDENT GAMBER Mr. Manson, before you begin discussing this let me mention that I know you wanted to make some follow up comments to Mr. Shew earlier. So if you would just hold those until we get to that ordinance you can make those comments. COUNCILMAN MANSON I am I up? COUNCIL PRESIDENT GAMBER You’re up. COUNCILMAN MANSON Thank you. Ordinance No. 80 as explained is a routine easement for sewer that’s going under the Wheeling/Lake Erie Railroad this is an area down I believe behind the 84 lumber yard area. We’ve already had two pieces of legislation at last council meeting we dealt with. I will be recommending that we waive the rule and move this forward 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 7 yes. ORDINANCE NO. 80 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. ORDINANCE NO. 81 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Amending CHAPTER 757 “TAXICABS” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 757.02 “LICENSE REQUIRED, FEE AND TERM; SAFETY INSPECTION; MARKING CABS” (a), (b) and (c) and Section 757.07 “MAXIMUM FARES POSTED IN TAXICAB” (a) and (b) and creating new Sections 757.02 and 757.07, and declaring an emergency. COUNCILWOMAN FERRERO As you know this is quite a lengthy contract and Mr. Stergios is here to answer any questions that we would have about this. This is so that any taxicab service would like to come into our city we have revised some of the contract so that it meets the year 2008 charges. If anyone has any questions Mr. Stergios is here otherwise I will be asking to waive the rules. COUNCILWOMAN FERRERO moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 7 yes. ORDINANCE NO. 81 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. COUNCILMAN BRYAN If you would allow I wanted to make a comment on 81 which I forgot at the time. I just wanted to say in the first newspaper article or story that the Independent published about the taxicabs it sounded like somehow city council knew about this for six months and hadn’t got around to writing any new language. I just wanted to clarify that first city council knew about these inquires about taxicabs was a week ago and Mrs. Ferrero and her committee were not dragging their feet nor anyone involved with council was dragging their feet. I don’t know if anybody’s dragging their feet but certainly we got it a week ago that’s when it was brought to all of our attention and no sooner than that. There aren’t may legislatures in the world who would throw something together in a week get it to their law department and get it passed in like 8 days. So if the newspaper wants to criticize people for you know city officials for dragging their feet you know I just want to set the record straight it wasn’t anybody around this table. Thank you. COUNCIL PRESIDENT GAMBER Thank you, Mr. Bryan. I’m not exactly sure maybe I should ask Mr. Stergios I know the Mayor’s on vacation this week. Generally, he signs these ordinances on Tuesday, do you know if there’s been any provisions made? LAW DIRECTOR STERGIOS – No, I don’t. COUNCIL PRESIDENT GAMBER Madame Clerk, do you know? COUNCIL CLERK MARY BETH – Someone takes them to his house. COUNCIL PRESIDENT GAMBER Okay, what’s our policy been in the past? COUNCIL CLERK MARY BETH – Someone takes them to his house and he signs them. COUNCIL PRESIDENT GAMBER Okay, but we deliver them to his office and someone from his office delivers them. COUNCIL CLERK MARY BETH – Yes. COUNCIL PRESIDENT GAMBER Okay, alright, apparently they will be signed tomorrow then. Thank you. ORDINANCE NO. 82 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Accepting the replatting of Parts of Out Lots 560 and 566, located on the north side of Nave Road; east of Route 21, and including the dedication of portions of existing Nave Road SE and the dedication of a new road, Eva Shorb Drive 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 Yes, the city recently acquired this property from the State of Ohio. A portion of this property will be used for the park department maintenance and a portion will be leased for the uses of drug and alcohol treatment center. The replat will create separate parcels for each proposed use. In regards to the dedication of the new road Eva Shorb she was the mother of former PGA golfer Tom Weiskopf and we’re kind of keeping in the thing of naming our streets in honor of noted Massillonians. If there aren’t any questions on this we discussed this at the work session last Monday I’m going to make a motion that we move forward tonight. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 7 yes. ORDINANCE NO. 82 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. ORDINANCE NO. 83 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Capital Improvement Fund, 1401 Income Tax Capital Improvement Fund, General Fund, Park and Recreation Center Fund, 1201 Street Construction Fund, Massillon Police Department Safety Forces Equipment Fund and the 1206 Muni Motor Vehicle License Plate Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILMAN BRYAN Ordinance No. 83 contains in section 1 $18,657.00 from the Capital Improvement Fund for street resurfacing. This is in payment of street resurfacing that was done in the prior year 2006 and we are just now receiving the bill or the last part of the bill. Section 2, we have $10,400.00 from the Capital Improvement Fund again, for ornamental street lights. These are going in along Duncan Plaza by the Veterans Park area there in conjunction with a bit of an upgrade for that whole plaza. $5,000.00 for infrastructure repairs are also going into that same project. In section 3, appropriations from the General Fund we have $9,600.00 for salary deputy auditor, $2,400.00 for PERS in the auditor’s office and $300.00 for Medicare in the auditor’s office as we discussed at our work session due to some illnesses the auditor needs to bring on an additional staff member and this money along with a transfer that we handled at our finance committee meeting from the auditor’s own budget funds will cover that salary and benefits for the rest of the year. Section 4, we have $4,140.90 from the Park and Rec. Fund for an account called rec. center project and for the life of me I don’t remember what that was for. Does anybody else? $4,000.00 in the rec. center fund? I’m almost there, they’re purchasing some computers and doing some computer upgrades at the rec. center. In the next section we have $3,850.00 for storm sewer repair there was an emergency storm sewer repair. Section 6, $2,900.00 from safety forces equipment which is just part of our contract annual spending for safety forces equipment. Section 7, $800.00 for the Muni Motor Vehicle License Plate Fund for some additional storm sewer repairs that were an emergency repair and that’s all for the ordinance. If there’s any questions I’ll attempt to get them answered. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 7 yes. COUNCILMAN MCCUNE – I have a question. I am employed by the company that is going to make the ornamental street lights for this project should I abstain from voting on this? COUNCIL PRESIDENT GAMBER Your employment what’s the nature of your employment? COUNCILMAN MCCUNE – I am the weld inspector that inspects the final project before it goes out. COUNCIL PRESIDENT GAMBER Do you have anything to do with the bid process? COUNCILMAN MCCUNE - No. COUNCIL PRESIDENT GAMBER Do you have anyway to gain a nickel from this other than your normal wages? COUNCILMAN MCCUNE – Nope. COUNCIL PRESIDENT GAMBER I don’t see a problem, Mr. Law Director? LAW DIRECTOR STERGIOS – I see no problem with him voting under these circumstances. COUNCIL PRESIDENT GAMBER Alright, there’s your answer Mr. McCune. ORDINANCE NO. 83 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. RESOLUTION NO. 4 2007 BY: FINANCE COMMITTEE Resolution requesting the Stark County Auditor to certify to the City of Massillon the total current tax valuation of the city and the number of mills required to generate a specified amount of revenue or the dollar amount of revenue that would be generated by a specified number of mills, and declaring an emergency. COUNCILMAN BRYAN Just by way of a little explanation here. The Massillon Museum wishes to put a levy issue on the ballot that’s their job, their board. However, due to the somewhat arcane laws of the State of Ohio we have to do this in order for them to do that. So what we are voting on tonight is to ask the Stark County Auditor to determine how large a how many mills will generate the amount of money they’re asking for or how much money the number of mills they’re asking for will generate whichever it is. So this museum levy renewal or replacement or whatever it is will be allowed to go on the ballot. We’re not proposing it the museum is proposing it’s just that they can’t get it on the ballot unless we pass this legislation. So if anybody wants a clarification on that further than that we can ask the law director, but again we aren’t voting for a levy or against the levy we’re not passing a resolution in support of a levy or anything like that, but it’s just a necessary step to get their levy on the ballot. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 7 yes. RESOLUTION NO. 4 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. RESOLUTION NO. 5 2007 BY: FINANCE COMMITTEE Resolution for the proposed budget for the fiscal year 2008. COUNCILMAN BRYAN Resolution No. 5 is a resolution like one we pass each year. The process goes like this the Mayor asks his department heads and also the other elected officials to submit to his office budget requests for next year this occurs in May. They submit what they think they will require to operate their departments next year and they submit it to the Mayor. He compiles that and usually and I think again this year was the case there’s no editing, there’s no cutting, there’s no adjusting because this document doesn’t really appropriate any money. The Mayor calls it the “wish list” budget you know for obvious reasons. We then if we get the votes we then pass this each year some years amid arguing and some years without question. All it does is go over to the county and let the county make sure that we’re not collecting too much taxes from our property taxes and that we’re getting the proper amount from our share of the state local government funds and they file it. Then over the next several months then this is the beginning point for the Mayor as he widdles down to try to get it to something we can live with in December or January which will be usually quite a bit smaller than this budget as its written tonight. If there’s any questions I’ll attempt to get them answered and due to the fact that we have to get this document over to the county about the 20th I’d like to see us pass it tonight. COUNCILMAN MANSON The only question I’d have is if there’s anything the auditor would like to add to what Mr. Bryan said or anything? Because I know you’re going to be an important part of this before the year’s over. AUDITOR HAMIT – We have a handle on it. COUNCILMAN MANSON Okay. COUNCILMAN BRYAN After 17 times I finally got it I think. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 7 yes. RESOLUTION NO. 5 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR JUNE 2007. COPY FILE COUNCIL PRESIDENT GAMBER Alright, everyone has a copy of the Mayor’s capital improvement budget we don’t need to vote on that, but we do need to vote to accept the auditor’s report. COUNCILMAN BRYAN I move that we accept the auditor’s report, seconded by Councilman Mang. Roll call vote of 7 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Next Committee meeting will be Monday, July 9th starting at 5:45pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MCCUNE I just want to make a note that I will be on vacation the week of the 15th through the 21st and will be out of town during that time. COUNCILMAN BRYAN I have a couple of things I’ll try to be brief just a suggestion to council members if they feel like they’re going to have a potential conflict of interest bring it up at the committee meeting. Because if you actually do have a conflict of interest which is rare, but you aren’t even supposed to discuss it or be in the room when it’s discussed at the committee meetings even. So just try to keep that in mind I think I know we all deal with a lot of things and something’s get by us. Also we have a copy of a revocation letter here from the Mayor I’ve never seen one of these this is interesting. The Reach Out Agency Division of Volunteer Rescue Mission was soliciting funds in our city and the Mayor revoked their permit I guess in response due to numerous complaints according to our Mayor from our citizens about the way the people who are going door to door were conducting themselves. So the police department is aware of that if someone from the reach out agency comes to your door and isn’t behaving themselves just call the police. They aren’t permitted. That’s all I have. 13. CALL OF THE CALENDAR – TABLED FROM DECEMBER 18, 2006 ORDINANCE NO. 173 – 2006 BY: ENVIRONMENTAL COMMITTEE Amending CHAPTER 925 “SEWERS GENERALLY” and CHAPTER 937 “WASTEWATER TREATMENT REVENUE FUND” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Sections 925.20 GENERAL DISCHARGE PROHIBITIONS, 925.51 ADMINISTRATIVE PENALTIES, 937.05 PAYMENT DATES; PENALTY CHARGE, 937.09 ANNUAL RATES FOR SEWER SERVICE AND 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES and enacting a new Sections 925.20 GENERAL DISCHARGE PROHIBITIONS, 925.51 ADMINISTRATIVE PENALTIES, 937.05 PAYMENT DATES; PENALTY CHARGE, 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 “ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES” of CHAPTER 925 and CHAPTER 937, and declaring an emergency. COUNCILMAN MANSON – Yes, this was the subject of Mr. Shew’s comments earlier in the meeting. I want to assure you I have no intention of trying to move this forward. I sent a letter out last week to three of the industries that are involved by this ordinance telling them that it was my intention to recommend tabling this for an additional time period. There is a lot of work going on all of the industries are looking at pretreatment. The city has spent a lot of money on equipment to monitor our discharges. The companies that are involved has spent a lot of money on equipment. The EPA is right in the middle of this thing I think they are not putting more pressure on us right now because everybody is working on this and we are trying to resolve some of the issues involved with this. I did guarantee Mr. Shew that if and when the ordinance comes forward for action that I will make sure that all those industries have it in their hands before I make any recommendation on the floor of council. I don’t know if you’d like to comment on that or any I can assure you this is the same ordinance that was on there in December that was tabled for six months we’re not doing anything with it right now. My recommendation like I said is to table for two more months and we’re going to keep working on it hopefully we can resolve more of the issues here. CHIP SHEW – Basically… COUNCIL PRESIDENT GAMBER Mr. Shew, Mr. Manson this is not appropriate. COUNCILMAN MANSON – Well, I’m not… COUNCIL PRESIDENT GAMBER You have the floor. COUNCILMAN MANSON – Okay, could I ask…I did ask him if he would comment on it. We’re not going to sit here and spend a lot of time on it. The only reason I’m saying it Mr. President is I invited him by letter if they wish to come and say something. CHIP SHEW – My comment Mr. President is brief I just want to thank you for tabling it because there is a lot of work to be done. It is a serious issue in our book and as well as I guess on Massillon’s record as well. It needs a lot of thought process into it yet and with that like I said it’s just a thank you to the city because there needs to be cooperation here and the Mayor has expressed that would happen. COUNCILMAN MANSON – I’ll keep it short. I know some of our council people do not like to table issues and this is not a dodge on making any move at this time or anything this is what I assured these people we would do. Mr. Shew obviously does not have a problem with us tabling this. COUNCILMAN MANSON moved to table Ordinance No. 173 – 2006 until September 4TH 2007, seconded by Councilwoman Ferrero. COUNCILMAN BRYAN Yeah, I’d like to discuss the motion. Have you…in your discussions with Mr. Ulrich and/or the Mayor are either of them in a hurry to get this ordinance passed? COUNCILMAN MANSON – They are in a hurry to try to resolve everything revolving around this ordinance, okay? They are not in a hurry to say “pass it” like as far as “lets pass it today” but we have the EPA involved in this and we asked them back in December to give us some time to work on this. That’s what we did personally I want to leave it out there as is to let everybody that this is still a very hot button issue. I believe it should be kept on our agenda and brought out periodically and my intention is probably two weeks before that September meeting to get the wastewater treatment people to make some kind of presentation to us to what progress we have been making. Like I said I can assure you when there is a proposal on an ordinance or an amended ordinance whether it’s this ordinance or whether its amended it will be going to all the industries before I ask anybody to take any kind of action. I don’t care what the Mayor or anybody else has to say about it that’s my position. I won’t forward it maybe somebody else may want to forward it but I won’t forward it until everybody involved knows very well what is going on. Like I said there’s a lot of time being spent there’s a lot of money being spent and it seems to me that Mr. Shew is part of one of the people involved here and he didn’t’ have a problem with tabling it and that’s my recommendation. COUNCIL PRESIDENT GAMBER Are you finished Mr. Bryan? COUNCILMAN BRYAN I just wanted to be clear once before I was accused of holding things up and dragging my feet when I went along with the wishes of the environmental committee. So I just wanted to be clear on it. COUNCILMAN MANSON – Well you can still you know you can still say that you supported my recommendation or you can vote against that too if you wish to. COUNCILMAN BRYAN I understand that. Roll call vote of 7 yes to table Ordinance No. 173 – 2006 until September 4, 2007. COUNCILMAN MANG – Procedurally I thought we had to bring a motion to bring Ordinance No. 173 before us since it was tabled. COUNCIL PRESIDENT GAMBER No, I have made the comment several times if an ordinance is tabled indefinitely it does require a motion if it’s tabled to a specific date it comes back automatically. COUNCILMAN MANG – Thank you. COUNCIL PRESIDENT GAMBER To me that’s a much cleaner way of assuring that an ordinance does make it back onto the agenda and it doesn’t have any question about it. Satisfied? COUNCILMAN MANG – Satisfied. COUNCIL PRESIDENT GAMBER Okay. ORDINANCE NO. 173 – 2006 WAS TABLED UNTIL SEPTEMBER 4, 2007. 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 69 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Amending CHAPTER 351 “PARKING GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, 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”, and declaring an emergency. COUNCILWOMAN FERRERO First of all I want to thank all of the citizens of Massillon for their interest in this ordinance and for coming and communicating with council members their feelings. My intention this evening is to table this until August 6th meeting because of the fact that I think that we need some language information we need to discuss it further we need to bring things in our work sessions out on the table. The police chief is here this evening I did speak with him this afternoon if anyone has any questions I would be glad to bring the chief forward. In fact I will ask him to come forward please? Thank you so much for coming tonight chief when I talked to this afternoon we discussed some of the language that was in this ordinance and I would just like you to express to council members and to the citizens of Massillon how you feel about the language the way it reads as written right now. POLICE CHIEF WILLIAMS – Certainly, first of all I would want to make it clear that certainly the police department is not taking an stance pro or against this particular proposal. But I would adamantly state that we are against the Massillon Police Department being the enforcement arm for this particular proposal. I mean if it was brought forth by the building department and stated that they have an additional code enforcement officer I believe that’s where that responsibility should lie. COUNCILWOMAN FERRERO Does anyone else have any questions? COUNCILMAN PETERS – Yes, chief, I’ve got one question. If the building department is going to enforce it the police department will still have to write the tickets am I correct? POLICE CHIEF WILLIAMS – Well, that depends on how you write the ordinance if it’s going to be considered a misdemeanor or an offense of some type of offense like that. COUNCIL PRESIDENT GAMBER Mr. Peters, are you finished? COUNCILMAN PETERS – Yes. COUNCILMAN BRYAN I agree with you chief, as a matter-of-fact that was the exact same points I made either a week or two ago. I feel since the building department did bring it to us and we were told that when we added a second code enforcement officer that was one of the justifications that was made was the possibility that council might add to that code enforcement. I completely agree I think it should be code enforcement issue and not a police issue. I know what Donnie’s getting at but I think I would suggest that he and Mrs. Ferrero work with the law director to establish how that’s going to be handled by the building department. Thank you. COUNCILMAN MANSON – Yes, this has been one of my points that I’ve been trying to make since we started discussing this proposed language. You know clearing up how it’s going to be handled, who’s going to handle it and that’s why I strongly support Mrs. Ferrero on her recommendation to spend at least two more work sessions discussing this. The way I understand it if it’s a misdemeanor it would be something that the police would have to enforce. It couldn’t be enforced by code enforcement people. So that’s something we have to look at. Also as you said it really depends on what procedure we set up in the ordinance for enforcement. You could still be one of the final steps in the process if after maybe a certain number of warnings or something like that it could become a misdemeanor right? So you could still be involved in the process further down if somebody does not comply. POLICE CHIEF WILLIAMS – That depends on how you write the ordinance. COUNCILMAN MANSON – Mr. Stergios? COUNCIL PRESIDENT GAMBER Mr. Manson? COUNCILMAN MANSON – I’m asking, yes… COUNCIL PRESIDENT GAMBER I know but we’re talking to the police chief right now. COUNCILMAN MANSON – Okay, he didn’t Mr.….the chief didn’t want to answer that I don’t believe. COUNCIL PRESIDENT GAMBER Alright, when he’s finished if we want we can call the law director forward. COUNCILMAN MANSON – Okay, okay. But anyhow I wanted to bring that up on the misdemeanor and that’s why we need more discussion on this. COUNCIL PRESIDENT GAMBER Mrs. Ferrero? COUNCILWOMAN FERRERO One other thing, chief, Mr. Morgan earlier came up and he talked about cars up on blocks and grass growing under them. Right now we do have enforcement of those kinds of issues do we not? (Yes) Thank you. COUNCIL PRESIDENT GAMBER Are there any other questions for the chief? Thank you. COUNCILWOMAN FERRERO Thank you. COUNCIL PRESIDENT GAMBER Would you like to call the law director forward? Mr. Stergios? COUNCILMAN MANSON – Yes, Mr. Stergios, if you would re-write this even for to have a code enforcement officer doing the enforcement on this there could be still a point in time when the police would become involved if we said after so many times that this became a misdemeanor, right? Am I wrong or could that… LAW DIRECTOR STERGIOS – Potentially, again it would depend like the chief said depending on how we wrote it. But if we’re going to change it to code enforcement then I think you need to have Mr. Saracina and the chief and maybe the parking enforcement all come to the committee meeting and talk about these things and I’m not being critical but as opposed to… COUNCILMAN PETERS – The law director. LAW DIRECTOR STERGIOS – You know I already wrote the ordinance you guys either vote it down or pass it. You know you keep changing on me every time I do something. So you know I mean but it ought to be done at committee meetings and not here tonight I guess is my you know I wrote what I was asked to write and then we debated it add in an item and now we’re going to change it and start all over again. So that’s fine that’s what we can do but I don’t know what took it so long to get it to this point and all of a sudden we change basis or change course of action. But that’s fine… COUNCILMAN MANSON – Like I said Mr. Stergios, I’ve been saying that and making that point since we began if this is not going to be a misdemeanor we need to take a look at it in a different way and I wish we’d started that right off the bat. LAW DIRECTOR STERGIOS – Well, I’d point out that we initially amended it to eliminate any penalties other than a minor misdemeanor which is a $100.00 fine no jail time that’s all that’s in here. The paper was wrong the other day when they talked about whatever they said and two who’s going to write these tickets after 4:30. You know that’s things and again that’s things I don’t think we need to go into tonight that’s for a committee meeting. So that’s my… COUNCIL PRESIDENT GAMBER Mr. Manson, are you finished? (Yes, I am) Mr. Peters? COUNCILMAN PETERS – No, the law director said exactly what I was going to say about writing the tickets after 4:30 when there’s no one in the building department. But I agree Mr. Stergios this isn’t the time to discuss it but I would also add that if he was here at the work session where he could have answered some of these questions for us at the work session Monday night. COUNCIL PRESIDENT GAMBER Thank you, Mr. Stergios. Mrs. Ferrero, you have the floor. COUNCILWOMAN FERRERO Thank you. At this time I’d like to make a motion to table Ordinance No. 69 – 2007 until August 6th meeting, seconded by Councilman Manson. Roll call vote of 7 yes to table Ordinance No. 69 – 2007 until August 6, 2007. ORDINANCE NO. 69 – 2007 WAS TABLED UNTIL AUGUST 6, 2007. .SECOND READING ORDINANCES AND RESOLUTIONS 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 Second reading. ORDINANCE NO. 74 – 2007 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MCCUNE – I move that we adjourn, seconded by all.
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