MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JULY 2, 2012 

COUNCIL PRESIDENT GAMBER B I'd like to welcome all of you to Massillon City Council for Monday, July 2, 2012.  We have a number of city officials with us this evening Mayor Catazaro-Perry, Safety Service Director Maier, Chief Building Official Kraft and Law Director Stergios.  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.  For the purposes of introduction of our new police chief I’d like to call the mayor forward please.

MAYOR CATAZARO-PERRY – Tonight we would like to introduce our new police chief to you.  Some of you already know him; many of you already know him we have had two swearing in ceremonies, one with his family semi privately and then one with the community.  So I’d like to welcome tonight our new chief, Chief Keith Moser. 

COUNCIL PRESIDENT GAMBER B Welcome aboard chief, you come on during a nice easy quiet time right?

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

COUNCILMAN PETERS – I gotta ask Mary Beth something but I really don’t want to do it but can I go up there? 

COUNCIL PRESIDENT GAMBER What does this pertain to?

COUNCILMAN PETERS – The meeting.

COUNCIL PRESIDENT GAMBER I mean…

COUNCILMAN PETERS – An ordinance.

COUNCIL PRESIDENT GAMBER Okay, I’ll tell you what why don’t you wait till after the invocation and the Pledge of Allegiance.  Alright, I will recognize Tony Townsend for the invocation and the Pledge of Allegiance. 

2. INVOCATION

COUNCILMAN TOWNSEND Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN TOWNSEND – Chairman of the Streets, Highways, Traffic & Safety Committee led those in attendance in the Pledge of Allegiance.  

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT GAMBER - We’ll take a just a moment for some housekeeping here. 

COUNCIL PRESIDENT GAMBER - Madame Clerk, are the minutes of the previous meeting transcribed and open for public viewing?  (Yes, they are)  Are there any additions or corrections to the minutes?  If not the minutes stand approved as written.     

5.  REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 73 - 2012                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the General Fund, 1401 Capital Improvement Fund, Economic Development Fund, Bond Retirement WWT Fund, Tax Increment Fund, WWT Capital Improvement Fund, Menards Inc., Infrastructure Fund, Stormwater Utility Fund and the Inn at University Village Fund, for the year ending December 31, 2012, and declaring an emergency.

COUNCILMAN PETERS – These I’m not going to read through every single one of these we’ve already done that at our work session.  They are available for public viewing if they want to come and pull them up that’s fine they’re just transfers.  The only one that is different and in all fairness to the rest of council, Councilman Manson and myself signed off on a legislation because it was there was a time constraint on it.  It was to appropriate $424,123.00 from the unappropriated balance of the capital improvement fund.  As the 90% matching funds from FEMA grant to the account 1401.325.2531 fire department.  This is so that we could take the money from the grant and put it into the account and transfer it into the fire department.  We’ve already talked about this grant but we got we got the money for the grant so we had to act on it real fast we would never made it by the next meeting.  So to in order to do this so that’s the only thing that’s any different than we talked about last Monday.  If there’s any questions I can get them answered for you now or…

COUNCIL PRESIDENT GAMBER For the record I’d like to mention that this item was emailed to everyone last week and it was also included in the packet that you received on Friday.  So it was no surprise it was added after the meeting but it’s not a surprise at all. 

COUNCILMAN PETERS 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. 73 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 74 - 2012                      BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and received sealed 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 PETERS – Exactly as the clerk read this is for the safety service director to go out and receive bids for the purchase of our gasoline and fuel for our vehicles.  Something we do every year but we have to authorize him to do so.  If there’s any question the safety service director is here to answer them if not.

COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Slagle.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 74 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 75 - 2012                      BY:   FINANCE COMMITTEE 

Repealing SubSection 965.09 (j) of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” of the Codified Ordinances of the City of Massillon, and enacting a new SubSection 965.09 (j) of CHAPTER 965 “GARBAGE AND REFUSE COLLECTION” and declaring an emergency.

COUNCILMAN PETERS – Basically what we’re doing is we had a split to the solid waste fund I believe it was 96/4 if I’m not mistaken.  But we’re not going to have any split going into capital improvement for that department.  We’re going to make 100% of the amounts collected deposited into the solid waste to be used for operating costs, 0 shall be deposited into the capital improvement fund for that department. 

COUNCILMAN PETERS 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. 75 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). AUDITOR SUBMITS MONTHLY REPORT FOR JUNE 2012 B COPY FILE

COUNCIL PRESIDENT GAMBER – We do have one report from a city official that would be the auditor with her monthly report.  Mr. Peters we need a motion to accept.

COUNCILMAN PETERS – I move that we accept the auditor’s report for June 2012, seconded by Councilman Manson.

Roll call vote of 9 yes to accept the auditor’s report for June 2012.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Regarding committees the next committee work session will be Monday, the 9th at 6:00pm.    

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Is there anyone who has a report, request or resolution?  Mr. Lewis?

COUNCILMAN LEWIS – Yes, I’d like to call the law director forward, please in reference to the environmental committee. 

LAW DIRECTOR STERGIOS – Ordinance No. 47 – 2012 which we passed a few weeks is my recollection this is the one that changed the rates for the sewer rates, surcharge for industrial waste and so forth.  On the attachment the engineer informs me that somehow in all the versions that were passed around the attachment regarding effective dates has a couple of typos in it.  None of this changes the amounts, the increases or anything but the one that we believe was attached to the ordinance says starting in ’08 and then starting in 2011 and it’s not consistent with the rest of the ordinance.  It’s clearly a typo I think it’s safe to call it a typo and instruct the clerk to put the correct page in there which I have.  I can show anyone but it I don’t know how else to put it it’s a typographical error but I thought it important enough that it ought to be brought to everybody’s attention.  Mr. Dylewski thinks so and it’s the right thing to do because otherwise the dates make no sense and would retroactively increase the industrial discharge rates which was not what any of you none of you I don’t think we could go backwards so it just doesn’t make any sense unless we use this correct page.  So we thought the best thing to do was to bring it up at this point in the meeting and I can give Mary Beth the corrected page to attach to the ordinance and then we’ll make sure that it’s published correctly in the book and on the website and so forth. 

COUNCIL PRESIDENT GAMBER – Are there any questions for Mr. Stergios?  Mr. Chovan?

COUNCILMAN CHOVAN – Not a question I’d just to know if we could get like a copy of that it doesn’t have to be tonight I mean it could next meeting or it could be emailed.  I just want to attach it to my documents.

COUNCIL PRESIDENT GAMBER – Mr. Stergios, you’re getting that to the clerk, Madame Clerk make sure that council members get this. 

LAW DIRECTOR STERGIOS – Okay, I’ll write the date on it. 

COUNCIL PRESIDENT GAMBER – Are there any other requests or report from a committee or council member?  Mr. Manson?

COUNCILMAN MANSON – Yes, at next week’s committee meeting I would like to have the law director there and somebody from the administration.  I’d like to go into executive session and have some discussion about fire negotiations, police negotiations and any negotiations going on with the solid waste and there maybe even be a couple more that come up before then.  But I specifically would like the law director to be there and I would like to see the safety service director and the mayor possibly and talk about it. 

COUNCIL PRESIDENT GAMBER – Anyone else?  Under Item 13 we do have several items that were tabled in June first of those is Ordinance No. 48.

13.  CALL OF THE CALENDAR – TABLED FROM JUNE 4, 2012

ORDINANCE NO. 48 - 2012                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1331 “REGISTRATION OF VACANT BUILDINGS”, of the Codified Ordinances of the City of Massillon.

COUNCILWOMAN HALTER – We tabled this ordinance in order to have time to look it over and make some changes.  I met with Mr. Kraft, Mr. Kraft and I met with the mayor and the health, welfare and building regulations committee has had two committee meetings to go over these.  We now do have a lot of changes on these ordinances all of you should have received them on Thursday in your email.  My intention tonight is to they’re up for votes but my intention is to amend this ordinance and the following one to reflect the changes and then we’re going to give them first reading so that Monday night at the work session the rest of council can go over this and see if there’s anything else that we think needs to be changed.  We want to do this right and we want to get it passed. 

COUNCILWOMAN HALTER moved to amend Ordinance No. 48 – 2012 as per the new changes, seconded by Councilwoman Scassa.

Roll call vote of 9 yes to amend Ordinance No. 48 - 2012

ORDINANCE NO. 48 – 2012 HAS BEEN AMENDED.

COUNCILWOMAN HALTER – I’d like to give it first reading.

ORDINANCE NO. 48 – 2012 WAS GIVEN FIRST READING.

ORDINANCE NO. 49 - 2012                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 1330 “REGISTRATION OF NON-OWNER OCCUPIED”, of the Codified Ordinances of the City of Massillon.  

COUNCILWOMAN HALTER – Same thing we met on these both of these ordinances.

COUNCILWOMAN HALTER moved to amend Ordinance No. 49 – 2012 as per the new changes, seconded by Councilwoman Scassa.

Roll call vote of 9 yes to amend Ordinance No. 49 - 2012

ORDINANCE NO. 49 – 2012 HAS BEEN AMENDED.

COUNCILWOMAN HALTER – I’d like to give it first reading.

ORDINANCE NO. 49 – 2012 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT GAMBER – I would suggest that everyone double check your email and make sure you have it.  Do me a favor and print it out and bring it with you rather than have the clerk print out 10 copies of a multi page. 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 56 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Perry Township to I-1 and I-2 Industrial.

COUNCILMAN MANSON  – Yes, we had this is six weeks now we’ve been talking about this and we had public hearings tonight at 7:00 about it.  There was no one here to comment either for or against this.  I don’t see any reason why there should be any problems annexation is over with this is just a matter of giving it some zoning.  We definitely want to take care of this as far as the light industry because we know we have a potential buyer for that property out there in development.  So unless there’s any questions we can’t answer I will be moving for passage.

COUNCILMAN MANSON moved to bring Ordinance No. 56 – 2012 forward for passage, seconded by Councilman Peters.

ORDINANCE NO. 56 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 57 - 2012                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from Tuscarawas Township to R-MH Mobile Home Park.

COUNCILMAN MANSON  – Yes, it’s the same thing here this has been to the planning commission.  They made a recommendation on the zoning I don’t see how there can be any arguing with the R-MH mobile home.  There’s any questions we’ll answer them if not I intend to bring this forward for passage. 

COUNCILMAN MANSON moved to bring Ordinance No. 57 – 2012 forward for passage, seconded by Councilman Peters.

ORDINANCE NO. 57 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, I NO.  TOWNSEND VOTED NO.

15. SECOND READING ORDINANCES AND RESOLUTIONS

16.  NEW AND MISCELLANEOUS BUSINESS

17.  REMARKS OF DELEGATIONS AND CITIZENS TO ITEMS NOT ON THE AGENDA

COUNCIL PRESIDENT GAMBER – Is there anyone in the audience who like to address council on any topic at all whether it appeared on the agenda or not?  If so please come to the microphone at this time state your name, address and state your comments. 

DAVID BORRELL – 3005 Meadowcrest Street NW.  First item I’d like to start off with is to direct to the safety director I made a call to his office last Wednesday about a safety situation I’d seen in our neighborhood.  The girl that answered the phone was very courteous and professional the situation has been taken care of and do appreciate that.  My second is not going to be so short.  I was surprised and dismayed when I read the article in the Independent on June 25th about the City Auditor Jayne Ferrero chastising the council about not doing enough to prevent a $2.6 million dollar shortfall projected at the end of the year.  This coming from the same person that decided to arbitrarily strip $3.0 million dollars from the general fund as reported on January 19th of this year against the recommendation of the mayor and budget director is nothing but a slap in the face to a council that is trying to figure out how to deal with the financial mess left from an administration that included her as auditor.  Could it be that council was totally confused with all the numbers being reported such as on April 30th when the projected shortfall was $2.1 million dollars before the layoffs which in turn was to reduce the projected shortfall to $1.1 million.  This was followed up with a report on June 1st about a 7.6% increase in tax collections.  Now for a moment lets just do a short recap we have $3.0 million dollars stripped from the general fund on January 19th and April 30th shortfall of $2.1 million dollars but with layoffs it will be reduced to $1.1 million.  An increase of tax revenue of 7.6% on June 1st and then in the meantime the mayor mandates no overtime for staff, 15% health insurance contribution from staff and non-union employees, reduced paid days off, council moves a Legends debt payment to the park and recreation fund and passes a bond refinance to produce a savings.  Is this the new math that I have always heard about where saving money causes a bigger deficit?  How can anyone in their right mind expect the council to entertain a tax increase issue with such fuzzy math?  We are still waiting to hear the real numbers concerning the layoffs and if they are indeed creating a savings as told by the administration or putting us further into debt as projected by anyone that knows 2+2=4.  How many of you have been speaking to your constituents?  Why are we not having town hall meetings in order to ask questions and receive answers?  The conversations I have been involved in will tell you that people are more concerned about a well staffed, well rested fire and police department.  We are concerned about our streets are falling apart.  We are concerned about having a park system for our children, and grandchildren that is well maintained to enjoy from the special tax levy we agreed to fund for that purpose.  These are the issues near and dear to our hearts that our tax money should be going toward.  I realize not everyone on the present administration and council holds responsibility for the past errors of making the city a banker, lien holder, or a golf course operator but the ones that were here need to work harder at finding a resolution then placing blame.  From this day forward what is needed is our true calculations that the council can rely on, a team work, a resemblance of teamwork to problem solve the issues and open honest communication with the Massillon citizens.  Before even thinking about asking for an additional tax you need to gain the trust of the constituents that the money you have now is being spent responsibly and in the best interest of the taxpayer.  Thank you.

18.  ADJOURNMENT

COUNCILMAN TOWNSEND – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

©Copyright 1998 - present City of Massillon. All Rights Reserved
Designed and Maintained by Imaging 2000 Web Design