MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, JULY 18, 2011 

COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Monday, July 18, 2011.  We have in attendance with us this evening: Community Development Director Aaby, Building Official Houpt, Auditor Ferrero, Engineer Dylewski and Law Director Stergios.  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:  Gary Anderson, Kathy Catazaro-Perry, Dave Hersher, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 7 present.

COUNCIL PRESIDENT GAMBER – Mr. Hersher, we have two absences.

COUNCILMAN HERSHER – I know lately we’ve been asked to split the question on motions for excusing members.  So I’m going to make the motion separately.  First I move that we excuse Councilman Mang.  Seconded by Councilman McCune.

Roll call vote of 7 yes to excuse Councilman Mang.

COUNCIL PRESIDENT GAMBER – Mr. Hersher, your second motion?

COUNCILMAN MANSON – I move that we excuse Councilman Manson.  Seconded by Councilwoman Catazaro-Perry.

Roll call vote of 6 yes, 1 no to excuse Councilman Manson.  Peters voted no.

2. INVOCATION

COUNCIL PRESIDENT GAMBER - I will recognize Councilwoman Kathy Catazaro-Perry for the invocation and the Pledge of Allegiance. 

COUNCILWOMAN CATAZARO-PERRY – Tonight we have Pastor Berry from City Bible Church.  Pastor Berry was an integral part of City Splash with our homeless shelter.  He also is on the Akron-Canton Connection on Wednesday mornings with Rick Mirenzi.  If you would come up and do our prayer tonight Pastor Berry.

PASTOR BERRY – Led those in attendance with the invocation.

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN CATAZARO-PERRY  – Chairperson 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 (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

DAVID FROST – 1632 Amherst Rd NE, Massillon.  I’d like to know what the decision the councilmen had made from last Monday meeting.  On my property for my fence to be extended 40 feet from east to west. 

COUNCIL PRESIDENT GAMBER – To answer your question that will be on the agenda tonight it may come up for a vote or they may put it off for another two weeks.  But we have not voted to this point. 

DAVID FROST – My I ask why?

COUNCIL PRESIDENT GAMBER - Because this is the first council meeting since your request was submitted.  Last Monday you attended a committee work session where it was discussed. 

DAVID FROST – Yes, sir.

COUNCIL PRESIDENT GAMBER - But no votes are taken in the work session

DAVID FROST – I understand.

COUNCIL PRESIDENT GAMBER - the votes are taken at the council meetings.  This is the first council meeting since then. 

DAVID FROST – Okay, so another words you’re saying sir that it probably may be brought up this evening?

COUNCIL PRESIDENT GAMBER - It will definitely be brought up this evening, yes.

DAVID FROST – Okay, then thank you sir.

CHERYL WATKINS – I live at 1659 Dexter Rd NE.  I’m here on Resolution No. 11 – 2011 Mr. Frost’s fence.  Mr. Frost is requesting that a 6 foot chain link fence be extended into his front yard.  There are many reasons that I don’t think this should be allowed and one reason is that first of all we live in a city with zoning.  The zoning is that you know we don’t have front fences especially 6 foot chain link fence in our front yard.  It will cut down on the visibility for people who are trying to go out onto Amherst.  I think it will detract from our personal property values.  If somebody in your neighborhood put something in that’s undesirable it can affect your property values from 5 – 10%.  So I’m respectfully asking council to really consider this because it’s going to set a precedent that anybody who wants a 6 foot chain link fence in their front yard will be expecting to get such.  So thank you.

DAVID FROST – Excuse me, Mr. President.

COUNCIL PRESIDENT GAMBER – Sir, I’m going to ask you to sit down for a moment Mr. Frost.  Is there anyone else who would like to speak?  Okay, we’ve given you your opportunity this is not a back and forth question and answer. 

DAVID FROST – I have my right sir.

COUNCIL PRESIDENT GAMBER – You have your right yes you do and you have spoken.  When we get into the agenda you may or may not be called on again.  But we just can not have a back and forth Mr. Frost I hope you appreciate that.

DAVID FROST – I’d like to make a suggestion…

COUNCIL PRESIDENT GAMBER – Madame Clerk, would you please read the title to the first ordinance please?

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 87 - 2011                      BY:   RULES, COURTS AND CIVIL SERVICE COMMITTEE

Authorizing the Law Director of the City of Massillon, Ohio, to enter into an agreement with Bricker and Eckler LLP, to provide legal services in the form of representing the City of Massillon, and declaring an emergency.

COUNCILWOMAN CATAZARO–PERRY – This ordinance tonight is to foreclosure on the senior Massillon Senior Apartments.  I would like to make it known for the record that city council just learned of this.  This has been a long standing contract where we hold the first mortgage on these apartments.  In order to free us from making continual payments in our future we need to proceed with the foreclosure on these.  So we truly just learned about this this has been going on for years and years and years.  Several of us on council many of us on council have just learned of it.  So tonight will be I’d like to have discussion if there’s any and if not I’d like to get this moving and do this as an emergency measure. 

COUNCIL PRESIDENT GAMBER – Are there any questions?  Mr. Peters?

COUNCILMAN PETERS – I have a couple of questions for the law director.  Don’t yell at me because I’m putting you on the spot and I didn’t call you today.  Okay, I got yelled at last week about it.  One of my constituents called me today and this is the only reason I’m asking the question.  About Bricker and Eckler why were they chosen to do the foreclosure?

LAW DIRECTOR STERGIOS – They have been involved since 1994 in the original financing specifically in the past two years they have been in constant conversation with the Mayor’s office, the auditor, myself about this issue and the lack of payments and possible steps to take.  They because of being familiar with the project they were the logical choice.  I did talk to them today and they did assure me that in all probability the legal fees would probably be around $2,000 courts cost which I think I told you guys about before could easily be $1,500 or $2,000 also.  I would handle any court hearings that are required that would save I’ll be on the pleadings with them so it would save paying anyone to drive here.   But they do have the expertise and the familiarity with the project.  I don’t see many local firms doing big foreclosures anyhow.  It usually seems to be a collection firm and again these guys are more familiar with what’s transpired.  So that’s why I thought it was a good choice. 

COUNCILMAN PETERS – That’s all I just wanted it on the record Mr. Stergios just so that my constituents can’t say that I didn’t ask the question. 

LAW DIRECTOR STERGIOS – That’s fine.

COUNCILMAN PETERS – I’m satisfied with that answer I don’t know about any other members of council.  So that’s the only question I had.

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – Mr. Stergios, while you’re up there could we just review our payments so far for this year are going to be about $178,000 is that correct?

LAW DIRECTOR STERGIOS – That sounds right I don’t have those things down to memory but I think that’s about right. 

COUNCILWOMAN CATAZARO–PERRY – And then next year we’ll balloon to about $370,000 is that correct?

LAW DIRECTOR STERGIOS – $350,000 sticks in my mind but it could have been $370,000 there’s a chart that I could get out of my office. 

COUNCILWOMAN CATAZARO–PERRY – I just want to make council aware again that that’s one of the reasons why we’re foreclosing is because these this company is not making their payments we have to come forward and make those payments for that.  We’re obligated with our contract to do so.  It’s just going to keep getting higher and higher if we do not proceed with this foreclosure.  Correct?

LAW DIRECTOR STERGIOS – Correct, and it will give us the opportunity to make a deal potentially with another developer and refinance those debt obligations as we go. 

COUNCILWOMAN CATAZARO–PERRY – But we are not expecting any payment back from this company or any company that assumes these this contract.

LAW DIRECTOR STERGIOS – Not to my knowledge, no.

COUNCILWOMAN CATAZARO–PERRY – Okay, I just want to make sure council is aware of that.

COUNCIL PRESIDENT GAMBER – Mr. Anderson.

COUNCILMAN ANDERSON – Yes, I have a question too.  Doing the math that gives them about 7.5 hours of billable time because they charge what $265.00 an hour? 

LAW DIRECTOR STERGIOS – It various depending on whose doing it a lot of this might be done by lower staff meaning paralegals who are a cheaper hourly rate.

COUNCILMAN ANDERSON – Is there any way that we can be kind of assured that this is going to be $2,000 or less?

LAW DIRECTOR STERGIOS – No guarantees in the legal world.  I mean if somebody contests this foreclosure which I think is unlikely then it could go on longer.  But I don’t think that’s likely but I can’t predict with any certainty.  

COUNCILMAN ANDERSON – Could it go to $20,000, $30,000, $40,000 instead of $2,000?

LAW DIRECTOR STERGIOS – I think that’s highly unlikely we could pull the plug before we ever got to that point if in fact it did.  We can always stop and then we’ll pay what Kathy just said $350,000 on the note next year and $350,000 after that.  What I’m saying we could always stop…

COUNCILMAN ANDERSON – Yeah, it just seems like 7.5 hours…

LAW DIRECTOR STERGIOS – I don’t disagree but that’s what he…I asked that question today because I figured it would come up tonight.  That’s the answer that I was given.

COUNCILMAN ANDERSON – Very good.  Thank you.

COUNCIL PRESIDENT GAMBER – Mr. Townsend.

COUNCILMAN TOWNSEND – Who oversees the rent from the tenants this month and next month?  Would it go to the…

LAW DIRECTOR STERGIOS – I have no idea that’s never been I’ve never been involved in that.  Possibly Aane might tell us but the rent will keep going where ever its gone before which I think is either Victory Economic Development or the other entity.  I’m not in charge of that and I don’t know that answer.

COUNCIL PRESIDENT GAMBER – Mr. Slagle.

COUNCILMAN SLAGLE – I think that brings up the other question was asked earlier not today but before.  Is there any possibility of appointing a receiver is that counterproductive?

LAW DIRECTOR STERGIOS – It’s never been recommended by them because of the fact that we hold the first mortgage position I believe.  If we intent to convey it to a new entity then receivership doesn’t get us entitle as this potential owner with the ability to convey I don’t think. 

COUNCILMAN SLAGLE – We couldn’t just appoint someone to collect the rents other than Victory Development?

LAW DIRECTOR STERGIOS – I don’t know if the rents are enough to cover the total expenses plus the note because of the way the note escalates.  I just really have never been asked to figure that out.  I don’t necessarily have that information.

COUNCIL PRESIDENT GAMBER – Mr. Townsend, first of all, is there anyone else for this first round?  Mr. Townsend.

COUNCILMAN TOWNSEND – Could we have Mr. Aane Aaby come up maybe he can answer questions.

COUNCIL PRESIDENT GAMBER – Okay, I had planned to do that but are there any other questions for Mr. Stergios while he’s up here?

COUNCILMAN TOWNSEND – Okay.

COUNCIL PRESIDENT GAMBER – Thank you.  Mr. Aaby.

COMMUNITY DEVELOPMENT DIRECTOR AABY – Victory Economic Development is currently managing the project and collecting the rents.  All the financial reports and operating expenses have been submitted to Bricker and Eckler for them to go over and analysis.  So Victory Economic is managing it and all the financial management reports and documents are currently with Bricker and Eckler. 

COUNCILMAN TOWNSEND – So if this foreclosure proceedings lasts say three months they could continue to collect the tenants rent they can continue to receive the rent for three months?  Victory Economics?  (Yes)  Does the city considering after Victory Economics for that rent and payments maybe reimburse attorney fees?

COMMUNITY DEVELOPMENT DIRECTOR AABY – It hasn’t been discussed as far as I’m aware of.

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – Mr. Aane Aaby, we were told and council was told that you would go and meet with the residents of the Massillon Senior Apartments and you’ve done that. 

COMMUNITY DEVELOPMENT DIRECTOR AABY – We’ve done that.  We did that last Monday.

COUNCILWOMAN CATAZARO–PERRY – Okay, so they’re aware that they don’t have to move and that we’re not going to kick them out and that they do have a home.

COMMUNITY DEVELOPMENT DIRECTOR AABY – The meetings we had with them were very positive they were very happy that we met with them before hand before this was announced publicly.  Everybody that we met with there they love the apartment complex they’re living in.  Nobody has plans to move and they were all appreciative of the work that John Lucas has been doing since he’s taken over the day to day management of the hotel.  They were they all spoke very highly of him.

COUNCILWOMAN CATAZARO–PERRY – Okay. Thank you.

COUNCIL PRESIDENT GAMBER – Mr. Slagle.

COUNCILMAN SLAGLE – When you said that Mr. Aaby, when you said that Bricker and Eckler were given the material to analysis does that mean they’ve been given the information regarding the rents being collected and what’s being paid out of the rents and the like?

COMMUNITY DEVELOPMENT DIRECTOR AABY – Yes.

COUNCILMAN SLAGLE – Will they share they’re going to share that with your office and the mayor’s office and then you’ll share it with us once you get.

COMMUNITY DEVELOPMENT DIRECTOR AABY – I imagine so, yes.

COUNCIL PRESIDENT GAMBER – Thank you, Mr. Aaby.  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – Are there any further questions.

COUNCILWOMAN CATAZARO- PERRY 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. 87 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 88 - 2011                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the 2011 CDGB Target Neighborhood Street Resurfacing Project in the City of Massillon, and declaring an emergency.

 

COUNCILMAN PETERS – We discussed this at last Monday night’s work session.  This is our Community Development Block Grant money for the target neighborhood resurfacing program.  As we all know the you know we didn’t have a lot of money from CDBG this year for the streets.  But the estimated project cost is $100,000 and it will be two streets North Avenue and Reservoir Drive NE.  If there’s any questions I’ll get them answered or I’ll answer them or our engineer is here to answer them.   If not I’m going to move for passage tonight.

COUNCIL PRESIDENT GAMBER – Mr. McCune.

COUNCILMAN MCCUNE – With the recent decision to close off Reservoir Drive how will that impact this project?

COUNCILMAN PETERS – Well, I think they’re only closing off one portion of Reservoir Drive so and I’m not we can bring Keith up and ask him that question.  If we could do so Mr. President.

COUNCIL PRESIDENT GAMBER – If that’s what you’d like.  Mr. Dylewski?

COUNCILMAN MCCUNE – Keith, I’m just curious as to how that decision to close off that section of the road will impact the resurfacing project.  Will it free up monies for…

ENGINEER DYLEWSKI – No, this is out of the limits to resurfacing the closure is to take place between Williams and Hankins.  This project is between North and Williams so this is south of the closure. 

COUNCILMAN MCCUNE –  Okay, thank you.

ENGINEER DYLEWSKI – Sure.

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 88 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 89 - 2011                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract upon approval of the Board of Control, with KCI Associates of Ohio for the Construction Administration Services for the 2011 Intersections Improvement Project, and declaring an emergency.

 

COUNCILMAN PETERS – Its just what it says its to enter into contract this is for the intersection improvement projects we’ve been talking about for it seems like forever.   This is just 100% funded through ODOT and Thompson Electric from Monroe Falls is the contractor for the project.  We anticipate construction beginning the week of July 18th which is today.  Are there any questions?

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 89 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 90 - 2011                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the 1410 16th Street Project Fund, General Fund, 1206 Muni Motor Vehicle Fund and the Capital Improvement Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN HERSHER – This is ordinance has four appropriation sections.  The first section is simply appropriating the $49,875 from the 1410 16th Street Project Fund for the project that we just approved under Ordinance No. 89 – 2011.  Section 2, is to appropriate from $15,000 for the purchase of 8.622 acres of land from the State of Ohio.  This is down by Indian River parcel was paid for by Wenger Excavating and the city will deed the property to them.  I believe this is to improve the washout of the Towpath or the trail in that area.  Section 3, is to appropriate $5,000 from the Muni Motor Vehicle Fund for fuel for street department to get them through the rest of the year and $3,000 from the same to repair an alley that intersects 4th Street near Thorne Avenue. Finally the last appropriation section is to appropriate $1,000 from the unappropriated balance of the Capital Improvement Fund for a copier in the income tax department.  So if there’s questions our auditor is here this evening otherwise I would like to bring it forward for passage tonight.

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – I’d just like to ask about the income tax copier is theirs broken.

COUNCILMAN HERSHER –  It’s my understanding that it’s not working.

COUNCILMAN HESHER moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry.

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 90 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

RESOLUTION NO. 9 – 2011                     BY:  PUBLIC UTILITIES COMMITTEE

Authorizing all actions necessary to effect a governmental natural gas aggregation program with opt-in provisions pursuant to Article 18.04, Ohio Constitution and authorizing and directing the Director of Public Service and Safety to enter into an agreement with IGS Energy Consultants, Inc. for consulting services and any other required services related to natural gas aggregation.

 

COUNCILMAN ANDERSON – First reading.

RESOLUTION NO. 9 – 2011 WAS GIVEN FIRST READING.

RESOLUTION NO. 10 – 2011                   BY:  FINANCE COMMITTEE

A Resolution for the proposed budget for the fiscal year 2012.

 

COUNCILMAN HERSHER – This is what’s commonly known at the wish list budget and we’ll be giving this first reading.

RESOLUTION NO. 10 – 2011 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT GAMBER – Mr. Frost, this is your resolution coming forward.

RESOLUTION NO. 11 – 2011                   BY:  COMMUNITY DEVELOPMENT COMMITTEE

Reversing the decision of the Massillon Zoning Board of Appeals made on June 9, 2011 wherein the Zoning Board of Appeals denied a request for variance from the Massillon Zoning Code, Massillon Codified Ordinance Section 1187.08 (a), for a proposed fence at 1632 Amherst Rd NE, on Lot No. 11221 in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILMAN HERSHER – We spoke about this at great length at the work session on Monday.  We heard from Mr. Frost as well as Mr. Houpt and multiple residents in favor of supporting the Zoning Board of Appeals decision.  I’m prepared to vote on this this evening I know we had a couple council members who were absent.  I’ll make the motion to suspend and if they’re not ready to vote then of course that motion won’t carry.  But I believe that no doubt that the Zoning Board of Appeals…

COUNCIL PRESIDENT GAMBER – Mr. Hersher, you’ve made a motion we’ll look for a second do we have a second, seconded by Councilman Peters.  Alright, now you can go ahead with your comments.

COUNCILMAN HERSHER – I have no doubt that the Zoning Board of Appeals relied on several of the esthetic and safety reasons against a fence like this in their decision.  So I’m prepared to vote this evening to vote no on this ordinance which an affirmative vote would of course overturned their decision.  So I’m prepared to vote no on this ordinance this evening.  So with that I’ve already made the motion and second so I’m done talking.

COUNCIL PRESIDENT GAMBER – And just to expand what Mr. Hersher said this is a situation where it takes 2/3’s vote to overturn the decision by the Zoning Board of Appeals.  That means 6 votes a yes vote will overturn their decision and permit the fence a no vote will maintain their decision and deny the fence.  Are there any questions or any discussion?

The rules were suspended by a roll call vote of 7 yes.

RESOLUTION NO. 11 – 2011 WAS DEFEATED BY A ROLL CALL VOTE OF 7 NO.

COUNCIL PRESIDENT GAMBER – The resolution is defeated.  Mr. Frost what that means is that the decision of the zoning board has been upheld and the fence is denied.  I’ll allow you one minute to respond.

DAVID FROST – Mr. President, I do not like the decision that the councilmen gave.  What was your reason, what was your reason?  It will not obstruct the view from Amherst Rd.  I don’t give a damn what she says she don’t have no business to make a statement.  Her fence does not connect my property there’s only four residents that their fence is on my would connect my property.  None of my fences are connected to any of the properties.  She does not have no damn business here. 

COUNCILMAN ANDERSON – Point of order.

DAVID FROST – No, I’m sorry. 

COUNCIL PRESIDENT GAMBER – Well sir….

DAVID FROST – But what was your reason to deny?  There’s no obstruction on Amherst…

COUNCIL PRESIDENT GAMBER – Mr. Frost, I’m asking you to sit down please.

DAVID FROST – No, sir, there’s no obstruction on Amherst…

COUNCIL PRESIDENT GAMBER – Mr. Frost, if you don’t sit down we will summon the police.  I’m sorry it has to come to that but…

DAVID FROST – Boy what kind of country is this here.  Do you think its funny its not I’m looking at you sir. 

COUNCILMAN PETERS – I think you’re hilarious.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

COUNCIL PRESIDENT GAMBER – Do we have any communications? 

COUNCIL CLERK BAILEY – No, we do not.

9.  BILLS, ACCOUNTS AND CLAIMS

COUNCIL PRESIDENT GAMBER – Do we have any bills to pay? 

DAVID FROST – Excuse me, one more…

COUNCIL PRESIDENT GAMBER – No sir, sit down.

COUNCIL CLERK BAILEY – No, we do not.

COUNCIL PRESIDENT GAMBER – We have no bills to pay that’s nice to hear.

10.  REPORTS FROM CITY OFFICIALS

A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JUNE 2011 B COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR JUNE 2011 B COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR JUNE 2011 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR JUNE 2011 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR JUNE 2011 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR JUNE 2011.

COUNCIL PRESIDENT GAMBER – We have numerous reports from city officials all of which we will put on file. 

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – I will remind you that the month of August we do have five Mondays so the fourth Monday we will be off.  Works sessions will be held on Monday, July 25th at 6:00pm.  Is there any councilmen who has a report, request or anything of interest? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 77 - 2011                      BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Vacating a portion of 4th Street SW, and declaring an emergency.

COUNCILMAN PETERS – This is for an alley vacation.  This is the third reading we discussed this I promised the council president that I would look into it I did look into it.  I found nobody at all in the area that had any objection to it.  Safety service director of course he is pro vacating alleys and he is completely comfortable with it.  It has been signed by all the land owners that are adjacent to the alley.  I see no problem with it so if there aren’t any questions we’ll just go ahead and move it forward we don’t need a motion to waive. 

COUNCILMAN PETERS moved to bring Ordinance No. 77 – 2011 forward for its passage, seconded by Councilman Townsend.

ORDINANCE NO. 77 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 81 - 2011                      BY:   ENVIRONMENTAL 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 a contract, upon award and approval of the board of Control, with the lowest and best bidder for the WWTP Administration Pump Station and Sanitary Sewer Improvement Project of the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency.

 

COUNCILMAN HERSHER – This project would address a problem that’s been ongoing with the filtration pump station at the Wastewater Treatment Plant.  I gave this its second reading because you know we’re spending money on it to make sure that we had a couple work sessions to talk about it.  But the funds for the estimated $134,000 cost of the project will come from the Capital Improvement Fund within the Wastewater Treatment Plant.  I know that some our engineer and that department are certainly anxious to get this done and to have the plant working up to its full potential.  So I would like to go ahead and pass this this evening if there aren’t any concerns.

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

The rules were suspended by a roll call vote of 7 yes.

ORDINANCE NO. 81 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 83 - 2011                      BY:   POLICE AND FIRE COMMITTEE 

Amending Section 2(D) OCCUPATION LIST OF CLASS TITILES – FIRE DEPARTMENT of Ordinance No. 127 – 1997 by repealing Section 2(D) OCCUPATION LIST OF CLASS TITLES – FIRE DEPARTMENT, and enacting a new Section 2(D) OCCUPATION LIST OF CLASS TITLES – FIRE DEPARTMENT, in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCILMAN MCCUNE –  Second reading.

ORDINANCE NO. 83 – 2011 WAS GIVEN SECOND READING.

ORDINANCE NO. 86 - 2011                      BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder, for the lease/purchase of two (2) police cruisers for the Massillon City Police Department and two (2) dump trucks for the Massillon Street Department, and declaring an emergency.

 

COUNCILMAN HERSHER – Second reading.

ORDINANCE NO. 86 – 2011 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – I would just like to clarify that when we gave the Resolution No. 8 first reading it then came off the agenda and went into the finance committee is that correct?

COUNCIL PRESIDENT GAMBER – Resolution No. 8 from our last meeting.  Yes, that’s correct it’s in the finance committee.  That needs to be reported back to council on or before the meeting of August 1st.  Then after that meeting if council agrees it can be put back on for second reading.  Mr. Slagle?

COUNCILMAN SLAGLE – I just want to remind the council clerk that I will be gone the week of August 6th the entire week.

COUNCIL PRESIDENT GAMBER – All of you received an email this week just asking for courtesy if you know you’re going to miss a meeting please inform the clerk and then she can notify the other council members.  Mr. Slagle?

COUNCILMAN SLAGLE – That’s actually Monday the 8th that week but I’m leaving the 6th.

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

RENEE BOGUE – 204 Willow Avenue NE.  I would like thank council for having the foresight to vote down the ordinance that would have leased city land for drilling.  This was a health and safety issue that would have diminished the quality of life for Massillon residents and Massillon businesses.  From my neighbors in ward 2 and from my Massillon City friends and colleagues the approval of council’s action has been unanimous.  I would like to propose that Massillon ban horizontal slick water hydraulic fracturing on the basis that this new unconventional method of drilling poses a threat to the health, safety and welfare of Massillon citizens.  Hartville has banned fracking and I have emailed council of the ordinance several weeks ago.  Last week Plain Township banned fracking and Lillian Fuquen has emailed their ordinance to you.  If you did not receive it please let me know and I will have sent again.  I have heard that North Canton is working on banning fracking as well.  Tonight I have hard copies of Pittsburgh, Pennsylvania’s ban which was passed unanimously.  As reported in the July 14th Repository the ordinance bans corporations from extracting natural gas in Pittsburgh with the exception of existing wells.  It also states the corporations violating the ban shall not have the rights of persons afforded under state and federal constitutions.  Finally it blocked any drilling permits.  The Pittsburgh ordinance makes clean air and clean water a civil right any fracking would be a violation of that ordinance.  It is very important that the Massillon ordinance like the Plain Township ordinance would ban fracking on any property that the city controls, owns, leases or maintains and that would include roads and right-of-ways.  I recommend that council contact Lou Giavasis a Plain Township Trustee for any details pertinent to your consideration.  Thank you.  Clerk of Council, please I have hard copies of the Pittsburgh, Pennsylvania ban if we could pass these out one to each city council member.  Thank you so much. 

COUNCIL PRESIDENT GAMBER B Is there something with your name or your organization on there.  It’s a yes or no question.

RENEE BOGUE – I can write my name on it.

COUNCIL PRESIDENT GAMBER B No, I’m about to tell the council members write down you know the date and under what circumstance you received that.  We get piles of paper and within two days when you go back to look you may not remember where that came from.  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO–PERRY – I just wanted to continually to communicate to council and make everyone aware I’ve been in constant communication with our auditor and currently our outstanding payables are almost a million dollars we’re at $957,000.  We haven’t paid bills since March and I just need everyone to continue to ask questions we need to know if there’s any hiring freezes, we need to know how many people have been hired this year, have we made any progress in any cutting back.  We need to continue to ask how short are we.  So I’m very, very concerned about the rest of the year the auditor said she can make payroll through 8-19.  So as council members we just need to stay on top of this and continue to work together on our city finances. 

JIM HUEBNER – 55 6th Street SE here in Massillon.  I would like to reiterate what the previous speaker said and urge council to put the consideration of such resolutions and ordinances on their agenda for the next council meeting so that we can hear your discussion of it.  We also have some concerns about existing wells in Massillon the vertical wells that could be even the dead ones that could be reopened and either opened to the Marcellus Shale and horizontally drilled from there or could be drilled deeper down into the Utica Shale formation and horizontal fracking technique used in those wells as well as any new wells that might be drilled.  So I provided to the city council at least attempted to via email or by hard copy some of the ordinances and resolutions that were passed by our neighboring communities North Canton, Plain Township, Hartville and the City of Canton to the governor’s office requesting a moratorium on hydraulic fracturing technique until the EPA studies have been completed.  I hope that council will consider also such resolution to join our neighbors in that regard.  Thank you.

18.  ADJOURNMENT

COUNCILWOMAN CATAZARO–PERRY – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

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GLENN E. GAMBER, PRESIDENT

 

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