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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 17, 2006. We have in attendance with us this evening: Safety Service Director Loudiana, Pat Pantello from the Auditor’s Office, Law Director Stergios, Engineer Dylewski, Community Development Director Aaby and Treasurer Lambert. 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 COUNCILWOMAN CATAZARO-PERRY led the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN CATAZARO-PERRY Chairperson of the Finance 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 COUNCILMAN MAIER Yes, I’d like to make a motion that we adjourn into executive session on a personnel issue, seconded by Councilman Mang. I’d like to invite the law director also; Mr. Loudiana didn’t want to come in. Roll call vote of 9 yes to adjourn into executive session. We’re back in session. ORDINANCE NO. 109 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – At the work session Aane Aaby explained the project and what was going on, but I felt that and he felt that since we had a number of you on vacation that he came back tonight to make sure that we cover the basis with everybody. So I’d like Aane if you would come up to the microphone and give us the background on this ordinance. COMMUNITY DEVELOPMENT DIRECTOR AABY – U.S. Chemical and Plastic located in Massillon in the early 90’s. They currently have 123 employees and their involved in the automotive industry with epoxy compounds, vinyl adhesives and various kinds of paints for auto repairs that’s their business. They currently have I think 123 employees at their Massillon site, they have recently acquired a paint company in the United Kingdom and they want to transfer some of that paint production from Britain over here to this facility. Also relocating some manufacturing equipment they have a smaller facility in Gnadenhutten and they currently are not using this equipment and they want to transfer it to the Massillon site. They are going to build a 14,400 square foot manufacturing building for this additional paint line. They are also going to build a 4,200 square foot training center where there will be training people in the application and use of these paint products that they will be producing. They are going to invest 6.2 million dollars and create 5 new full time permanent jobs. They’ve applied to the city for a 75% 10 year tax abatement on these improvements. Their existing facility will remain taxable but they are applying for a 75% tax abatement on these 2 buildings they’ll be planning to construct. COUNCILMAN BRYAN They got a tax abatement when they first built, correct? (That’s correct. That tax abatement has since expired.) That one’s expired so it’s over. I think that answers my question. 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. 109 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 110 2006 BY: HEALTH, WEFARE & BLDG REGULATIONS COUNCILWOMAN FERRERO – It was discussed at the work session in my absents between Mr. Manson and Mrs. Catazaro-Perry that we need to pay for insurance to Love Insurance Agency for boiler and machinery insurance and crime insurance for the years of 2006 to 2007. It looks like there was an increase of $196.00 that includes both of those coverages. 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. 110 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 111 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 111 has 4 sections to it. The first section is $17,000.00 they would like for us to approve from the unappropriated balance of the Legends fund for capital equipment. This we talked about last week at the work session and did not sign off on and then I did get a call from Mr. Hamit saying that he did approve that. So he has signed off on that and it’s for lease payment that we need to make for the Legends and it will come out of the Legends fund. Section 2 is $10,000.00 we need to appropriate from the General Fund and that’s for arbitrator’s services and contracts and that is to continue negotiations with several of the union organizations with Mr. Mike Loudiana. Section 3 $10,000.00 for new equipment and $8,000.00 for services and contracts from the capital improvement fund. The $8,000.00 is for the fire department and the $5,000.00 is the repair of the hose tower roof at Fire Station No. 2 that we discussed and $3,000.00 is repair the apparatus floor and bathroom at Fire Station No. 3. Then the $10,000.00 that we were talking about is for the Auditor’s office for new computers. Section 4 is to appropriate from the Muni Motor Vehicle License Fund and that is to pay for Stark Regional Planning administrative fees for the Richville Drive Rehab Project and that amount is $2,113.50. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 111 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 14 2006 BY: COMMITTEE OF THE WHOLE COUNCILMAN BRYAN I can’t tell you too much about this resolution since I wasn’t at the work session but the 911 Stark County Planning Committee I know must have a representative of the cities and an at large mayor position. So they the people involved have agreed that Mayor Toni Middleton from Alliance should serve in that position and they’re asking us to approve that. I don’t if anyone knows any reason why we shouldn’t I don’t. COUNCILMAN MANSON This is probably a replacement for Mr. Loudiana I believe, right? You weren’t on this oh I thought you were on this okay. I would like to know where the opening came from does anybody know Michael. COUNCILMAN BRYAN I think it’s a new position from what I read. Then 911 Planning Committee is a new form of an old committee. COUNCILMAN MCCUNE – I know Mayor Middleton pretty well. I worked with him on the Stark County Manufacturing Advocacy Council. He is a regionally thinking person, believes in the improvement of the region not just his city although he’s doing a heck of a job with Alliance. I think he’s a perfect pick for this. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 14 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 15 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY I do see Mr. Paul Lambert here in the audience I don’t know Paul if you can up we did not get a chance to discuss this at the work session last Monday. But if you could come up and just tell us a little bit about this. I believe it’s supposedly something we do it looks like every 5 years and just like to have you speak on it for just a moment. PAUL LAMBERT – 577 23rd NW, City Treasurer City of Massillon. Yes, this is a necessary thing it has to be renewed every 5 years according to state law. The previous treasurer thought that it went to 2008 and then we discovered it expired this year. So that’s why we put it on and declared it an emergency. So I appreciate all your help in it very much thanks. 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. RESOLUTION NO. 15 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING 9. BILLS, ACCOUNTS AND CLAIMS - NOTHING 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JUNE 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings we will skip next Monday and meet on July 31st at 5:45pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN PETERS I have a report I guess it is. We’re one step closer to being on television I think we’re going to start it the second meeting in August. I have I just finalized everything last Thursday we have a gentleman that’s going to do it and work with Bob Gessner at Massillon Cable TV. So just a couple more small things and we’re all on television. 13. CALL OF THE CALENDAR – NOTHING ORDINANCE NO. 73 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCIL PRESIDENT GAMBER Mr. Mang, I would also mention too that this ordinance had been tabled to today’s meeting. If it had just been tabled indefinitely we would have required a vote to bring it back onto our agenda. Mr. Mang? COUNCILMAN MANG Yes, I think all of you know why its been tabled and that reason being that the $100,000.00 that the Mayor wishes to give to the Polymer people for moving here was based on the receipt of a $1,000.00 from some property that we own near the market place. The last meeting is the Auditor indicated that we had not received that. In between I’ve been told that we have I just had that reaffirmed that we haven’t. So at this time Mr. Perry Stergios? LAW DIRECTOR STERGIOS - I can tell you that we have not received the money because the conversation I had with the seller’s attorney last Monday a week ago was they were hoping to have it in by the end of the week and the end of the week has come and gone. It was coming in; it was coming through my office so I know it hasn’t come in. I know that it’s a partnership between the local people and an outside investor and they’re supposedly waiting for their chunk of change to come in that’s all the specifics that I know. COUNCILMAN MANG We still hold the deed to this property? LAW DIRECTOR STERGIOS - Oh, they haven’t received anything the deed is in my file I don’t give the deed until I get the cash. So I’d table it another 2 weeks I know I said before I’m hopeful it’s coming in, but its out of my hands, but they keep saying that’s any day now. So… COUNCILMAN MANG moved to table Ordinance No. 73 – 2006 until August 7th 2006, seconded by Councilman Townsend. ORDINANCE NO. 73 – 2006 WAS TABLED UNTIL AUGUST 7, 2006 BY A ROLL CALL VOTE OF 9 YES. 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 86 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON Yes, talking with the Administration they would like to wait until we hear something from Mr. Regula’s office and get an idea of where maybe some federal funding may stand on this. So I would my intension is to make a motion to table it for one meeting. COUNCILMAN MANSON moved to table Ordinance No. 86 – 2006 until August 7th 2006, seconded by Councilman McCune. ORDINANCE NO. 86 – 2006 WAS TABLED UNTIL AUGUST 7, 2006 BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 91 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG To date I’m still looking to receive a copy of a lease. I have a draft and etc, but I have not received a copy of a final lease or a final proposed lease. Mr. Stergios, would you be so happy… LAW DIRECTOR STERGIOS - I can tell you I received a memo from Judge Elum earlier or late last week that Mr. Francis had been out most of June and most of July and just returned from either vacation or something working on another deal and until I talk with him I’m not making more revisions. So I would same thing table until August 7th would be my recommendation. Hopefully maybe we’ll have some communication between now and then plus they are working on designating the walking the property that determines where the lot lines are going to be between the two parcels and the surveys. So I know they’re supposed to be starting on that. COUNCILMAN MANG moved to table Ordinance No. 91 – 2006 until August 7th 2006, seconded by Councilman Townsend. ORDINANCE NO. 91 – 2006 WAS TABLED UNTIL AUGUST 7, 2006 BY A ROLL CALL VOTE OF 9 YES. 15. SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 105 2006 BY: PARKS AND RECREATION COMMITTEE COUNCILMAN BRYAN I spoke with the Auditor’s office this week and they’re still holding up on this so I’m going to give it second reading. ORDINANCE NO. 105 – 2006 WAS GIVEN SECOND READING. ORDINANCE NO. 106 2006 BY: STREETS, HIGHWASY, TRAFFIC & SAFETY COUNCILMAN PETERS second reading. ORDINANCE NO. 106 – 2006 WAS GIVEN SECOND READING. COUNCILWOMAN FERRERO – I would like to ask Law Director Stergios to come forward please were you able to see the memo about the illegal fireworks that we got it from this Delta Epley? LAW DIRECTOR STERGIOS - No, I was not copied with that or given one to look at. COUNCILWOMAN FERRERO – I’ll give it to you really in it she states about illegal the city selling allowing us to sell illegal fireworks. My understanding is I do think that there are places in the city out on 32nd Street I believe that’s in the city and they have to sign a form stating that they won’t put them or set them off in the State of Ohio is that true Chuck? Yeah, I think that is true and also there are mandatory fines if people are caught doing that is that true as well? (That’s correct) Right, so would it be possible for this woman is in your ward Mr. Peters. COUNCILMAN PETERS How come I never got a copy of that letter? COUNCILWOMAN FERRERO – Did you get it? COUNCILMAN PETERS No. COUNCILWOMAN FERRERO – What? It’s in your pile COUNCILMAN PETERS I just went through my pile. COUNCILWOMAN FERRERO – It has Mary Beth at the top. COUNCILMAN MANSON I have a question is that in the city down there? That’s right on the edge I don’t I’m not sure that is in the city. John Jones owns property down there we’re just looking at the map his property is out of the city and he surrounds that. COUNCILMAN PETERS Jayne, I’m sorry I got it last week that’s why okay. COUNCILWOMAN FERRERO – But I do think that she deserves a phone call to let her know that it was brought up on the council floor and yes, we have all these things in forced and thank her for taking the time to write to us. Because I appreciate it because she signed her named and when people do that you know it just gives us its just so much more valid to me. If you don’t want to call her I will be happy to, but I just and she gave you her phone number and I think its great and I think she’s at least a concerned citizen and we owe her the right of a response. COUNCILMAN MAIER Jayne, some of the things that are being sold at like Kmart and Marcs the sparklers and that those are not illegal it’s just the explosives. COUNCILWOMAN FERRERO – Yeah, those bombs that go off and that’s what she’s really complaining about is about the smoke bombs and things like that. COUNCILMAN MAIER Some of the smoke is not illegal either… COUNCILWOMAN FERRERO – I mean I hate them when they go off all night long, you know but what do you do I mean you can’t go out and chase them down you know. So thank you. COUNCILMAN BRYAN – I think we all got a copy of tour of Massillon homes here does anybody know the author of this document? Is this yours Donnie I just want to know if you COUNCILMAN PETERS Yeah, it’s mine we talked about it at the work session, but you weren’t here. COUNCILWOMAN FERRERO – And I wasn’t at the work session, but I would just say I think this is a great tool that you put together, but I probably could have lived without your comments at the bottom of some of the pages. Thank you Mr. Peters. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA CATHY ENDLICH – I live at 561 Carver Street NW. I’m here again the traffic light at Grosvenor and Lincoln Way. I went out and I got I did a petition and I had people in our neighborhood sign plus people outside of our neighborhood and I have 254 people that have signed my petition. In our neighborhood alone if the people were home only 6 people said “I do not sign petitions so I don’t want to sign it I agree we need the light, but I don’t sign petitions”. I have not any flat out no I do not like the light it was either they were not home or they just simply do not sign petitions. I did get people outside of our neighborhood and a lady down at the shopping center at Baltzly’s and a lady at the beauty shop said the last time we did not have that light they stood there and watched 6 to 12 accidents in that time zone that the light was not running. It’s a bad intersection and I was told that’s going to be a 4 lane road when they get completely done with it that’s going to be even worse. They took out the turning lane in front of the bank going into the village so you don’t know if somebody’s going turn or not so that means you have to look even harder if you know to see what’s going on. But everybody’s main concern was the blind spots looking to the right. There are too many blind spots right there you have to get out into the intersection to see if something is coming from the right. These older people have flat out said they feel that is entirely too dangerous and they do not feel comfortable you know rushing out there and not being able to see. COUNCIL PRESIDENT GAMBER Do you have those petitions to turn in? (Sir, I do) Alright, if you would hand those to Mr. McCune and we’ll pass those over to the Clerk. Thank you. I apologize for overlooking you, you were behind a rather large gentleman right in my line sight of sight. CATHY ENDLICH – I do have another question though. I would like to know if they don’t want to put that light in there why is the light at the bottom of the Tremont Viaduct still going. I mean it’s flashing red two ways and yellow the other way. But who knows when that viaduct is ever going to be reopened. Why don’t they just put three stop signs there? COUNCIL PRESIDENT GAMBER All I can tell is those projects are handled by professional engineers part of every project planning is the signal during the construction and afterwards. So that’s all I can assume. CATHY ENDLICH – Okay, well I just wondered and other people were asking that also because they basically quit working on that bridge for quite a while now and we know its supposed to be done nobody knows when, but we thought well that would save the city some money. COUNCIL PRESIDENT GAMBER I’d like to call Mr. Loudiana forward, please. Can you shed some light on the Tremont project and on the light at 6th and Tremont? SAFETY SERVICE DIRECTOR LOUDIANA – The Tremont project looks like it’s on for like fairly part of 2009. Well potentially next year I say 2009 next years 2007, 2008. So within the next year, year and a half it should be done. But as you saw tonight we’re not we haven’t gotten the final word on the funding. The blinking light it’s probably there because it will just be there when they open it back up is all I say. I don’t know what the reason was if the state left it there we can find out. CATHY ENDLICH – I just wondered if I mean you know why they didn’t just turn it off and put three stop signs right there. I mean to me if it’s costing so much money to run these lights that when it’s very unnecessary at that time when the viaduct is opened back up yes I agree then its needed there. But… SAFETY SERVICE DIRECTOR LOUDIANA – Yeah, it’s the state’s bridge it’s their detour and it was their determination to let that light on. Now I can ask them CATHY ENDLICH – Well, I mean that’s fine you know I understand now if the state says leave it so leave it on. SAFETY SERVICE DIRECTOR LOUDIANA – If it was up to us we’d take down every light we could believe me. COUNCILMAN PETERS I think what you’re eluding at is why can’t we take that light down and use it at Grosvenor is that what you’re kind of asking? CATHY ENDLICH – Well, I’m just asking why you know why are we paying for one that nobody is really using when we don’t want to pay for one that 254 people feel we do need. COUNCILMAN PETERS Okay, I guess you’re not eluding to that then so I won’t say. We can’t use that traffic light on Grosvenor, okay? (I understand) It’s whole different thing that’s… SAFETY SERVICE DIRECTOR LOUDIANA – Well, regarding the electric I mean we get one big electric bill probably if we pull that off it would make that much difference in it. We can ask the state why they felt it there that’s all we can do. CATHY ENDLICH – Thank you very much. 18. ADJOURNMENT COUNCILWOMAN CATAZARO-PERRY I move that we adjourn, seconded by all. _________________________ ______________________________ |
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