MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, AUGUST 1, 2011 

COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Monday, August 1, 2011.  We have in attendance with us this evening: Mayor Cicchinelli, Fire Chief Burgasser, Health Department Director Argent, Building Department Superintendant Houpt, Engineer Dylewski, Auditor Ferrero, 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, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT GAMBER – Mr. Manson, Mr. Mang is absent.

COUNCILMAN MANSON – Yes, I make a motion that we excuse Councilman Mang.  Seconded by Councilman McCune.

Roll call vote of 7 yes 1 no to excuse Councilman Mang. Peters voted no.

2. INVOCATION

COUNCIL PRESIDENT GAMBER - I will recognize Councilman Dave Hersher for the invocation and the Pledge of Allegiance. 

COUNCILMAN HERSHER – Gave the invocation for the evening. 

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN HERSHER – Chairman of the Environmental 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

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 91 - 2011                      BY:   ENVIRONMENTAL COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with CTI Environmental, Inc., for professional services for Roughing Filter Odor Control Analysis, Phosphorous Removal, and a Facility Plan Update at the Wastewater Treatment Plant, and declaring an emergency.

 

COUNCILMAN HERSHER – First reading.

ORDINANCE NO. 91 – 2011 WAS GIVEN FIRST READING. 

ORDINANCE NO. 92 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Authorizing the Mayor of the City of Massillon, Ohio, to enter into a lease agreement with the St. James AME Zion Church Life Center for office space to be used the Massillon City Health Department, and declaring an emergency.    

 

COUNCILMAN TOWNSEND – Mrs. Argent from the health department approached city council at the last work session to inform us that they were looking for a new location.  She found one which is located at St.  James Life Center formally Nova Mental Health Center located on Tremont.  There was some concerns about the length of the contract which was five years but I learned today that the church has agreed to a one year term.  The square footage is pretty cheap there was additional fees being paid for utilities but I believe WIC is going to cover some of the costs.  If anyone has any questions I believe Mrs. Argent is here I can call her up and she can answer them. 

COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Manson.

COUNCIL PRESIDENT GAMBER - Councilman Dave Hersher? 

COUNCILMAN HERSHER – Does Mr. Townsend intend to amend the ordinance because the lease or do we not need to amend it because the lease is an attachment?  The lease does say five years.

COUNCIL PRESIDENT GAMBER – Well we have a motion and a seconded, but Mr. Townsend will answer the questions.

COUNCILMAN TOWNSEND – Yeah, I think we probably you know they have to be in September 1st could we amend it tonight?  (Sure)  Okay, well we can…

COUNCIL PRESIDENT GAMBER – Well you need to take back your first motion. 

COUNCILMAN TOWNSEND – I make a motion that I rescind my first motion.

COUNCIL PRESIDENT GAMBER – Alright and what are we changing in the ordinance?

COUNCILMAN TOWNSEND – It’s the original lease had stated five years but we’re changing that to one year. 

COUNCIL PRESIDENT GAMBER – Okay, we’re changing the lease itself is that listed in the ordinance the five year term?  Call the law director please?  Mr. Townsend while he’s coming where are we making the change the first paragraph?

COUNCILMAN TOWNSEND – It’s the first page second paragraph towards the end the very last sentence where you see the #5 in parentheses. 

COUNCIL PRESIDENT GAMBER – Top of the page says lease?

COUNCILMAN TOWNSEND – Second paragraph to your far right top line okay then there’s any other one in the middle of the first paragraph.  

COUNCIL PRESIDENT GAMBER – Alright, so the one I was looking at is in the first paragraph 5 is changing to 1?

COUNCILMAN TOWNSEND – Yes sir.

COUNCIL PRESIDENT GAMBER – Then also in the second paragraph this is a further term of five years that’s the renewal option?

COUNCILMAN TOWNSEND – I say we should leave that in there.

COUNCIL PRESIDENT GAMBER – Whatever you would like to do.  Would you like to have the law director address that?

COUNCILMAN TOWNSEND – Yeah, he can give us his professional opinion on that. 

COUNCIL PRESIDENT GAMBER – Law director, in paragraph one the initial term is five years, second paragraph the renewal is for five years.  Do you have any suggestions?

LAW DIRECTOR STERGIOS – I’d leave the second paragraph at five years but then further in the second paragraph it says ending August 31st 2021 which would not be correct.  Because the first term is a year.

COUNCIL PRESIDENT GAMBER – Can I make a suggestion that we hold this off till the end of our ordinances let the law director look through this and see if there are additional changes.

COUNCILMAN TOWNSEND – Yeah, actually when I got the email I thought the contract itself was possibly changed but that was my fault. 

COUNCIL PRESIDENT GAMBER – Ordinance No. 93.

ORDINANCE NO. 93 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Amend CHAPTER 517 “GAMBLING” of the Codified Ordinances of the City of Massillon, and enacting new Sections 517.17 “Definitions”, 517.18 “Operation, License Required”, 517.19 “Application Information”, 517.20 “Affidavit Required”, 517.21 “License Issuance; Effective Period; Fee”, 517.22 “Operation of Arcade” and 517.23 “License Revocation”, and declaring an emergency.    

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 93 – 2011 WAS GIVEN FIRST READING.  

ORDINANCE NO. 94 - 2011                      BY:   HEALTH, WELFARE & BLDG REGULATIONS

Enacting a new CHAPTER 519 “SWEEPSTAKES TERMINAL CAFÉ” of the Codified Ordinances of the City of Massillon, and declaring an emergency.    

COUNCILMAN TOWNSEND – First reading.

ORDINANCE NO. 94 – 2011 WAS GIVEN FIRST READING.  

ORDINANCE NO. 95 - 2011                      BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Local Law Enforcement Trust Fund and the 1201 Street Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have two parts to this.  I wasn’t at last week’s committee meeting so if there’s any controversy comes up I’ll ask for help here.  The first part is for $12,000 appropriate $12,000 from the unappropriated local law enforcement trust fund account 1215 to account 1215.305.  These monies are needed to replace two worn out servers and associated equipment being used to store information and run the software for computer programs and networking for police department records and reporting purposes.  The next part is for $800 prepare an ordinance to appropriate from the unappropriated balance of the street fund 1201 $800 to 1201.435 utilities.  These funds are needed to pay the telephone account until the end of the year.  Any questions we’ll ask the auditor or whoever may be here. 

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 95 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 96 - 2011                      BY:   FINANCE COMMITTEE 

Making certain transfers in the 2011 appropriation from within the General Fund, for the year ending December 31, 2011, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, this is for $63,000 my understanding is when we budgeted this that $63,000 was budgeted into the garage the department and it needs to be in streets.  So it’s just merely transferring $63,000 from garage supplies and materials 1100.440 to supplies and materials for streets 1100.435.  Any questions we have the auditor here we can ask her.   

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes.

ORDINANCE NO. 96 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

ORDINANCE NO. 97 - 2011                      BY:   FINANCE COMMITTEE 

Authorizing the Mayor of the City of Massillon, Ohio, to submit an application for Ohio Public Works Commission Funding for the 2012 funding year, and declaring an emergency.

 

COUNCILMAN MANSON – Yes, we have an error in this ordinance I believe where it says Keuper Blvd NE that should say 9th Street SW Improvement Project.  I’d just like to call it a typo unless there’s something else that we should call it. 

COUNCIL PRESIDENT GAMBER – It is a typo without objection please scratch Keuper Blvd NE and insert 9th Street SW.  Are there any questions on the ordinance?  Mr. Manson?

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

The rules were suspended by a roll call vote of 8 yes. 

ORDINANCE NO. 97 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – The law director has finished reviewing Ordinance No. 92 on the lease.  Call you forward again please?

LAW DIRECTOR STERGIOS – I would on the exhibit to the lease agreement in the first paragraph that will be one year instead of five.  Which I think we all agreed on that and then in the second paragraph we could leave it as a five year renewal but the 2021 will be changed to 2017 for the 31st day of August. 2017.  With those changes I think it covers what everybody intended. 

COUNCIL PRESIDENT GAMBER – Mr. Townsend, does that cover what you wanted?

COUNCILMAN TOWNSEND – Yes, yes.

COUNCIL PRESIDENT GAMBER – We need a motion to amend Mr. Townsend.

COUNCILMAN TOWNSEND moved to amend Ordinance No. 92 – 2011 as per the law director, seconded by Councilman Manson.

ORDINANCE NO..92 – 2011 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – Alright, it has been amended.  Now we’re at first reading.

COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Peters.

The rules were suspended by a roll call vote of 8 yes. 

ORDINANCE NO. 92 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM THE DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE TO FOE AERIE0190 MASSILLON DBA AERIE 190 MASSILLON 303 WEIRICH BLVD NW & PATIO MASSILLON OHIO 44647

9.  BILLS, ACCOUNTS AND CLAIMS

A.  REPOSITORY - $1,338.41

COUNCIL PRESIDENT GAMBER – Mr. Manson, we need a motion to pay the bill.

COUNCILMAN MANSON – I move we pay the bill, seconded by Councilwoman Catazaro-Perry.

Roll call vote of 8 yes to pay the bill.

10.  REPORTS FROM CITY OFFICIALS

A). MAYOR SUBMITS MONTHLY REPORT FOR JULY 2011 B COPY FILE
B). AUDITOR SUBMITS MONTHLY REPORT FOR JULY 2011 – COPY FILE

COUNCIL PRESIDENT GAMBER – Mr. Manson, we need a motion to accept the auditor’s report.

COUNCILMAN MANSON – I move that we accept the auditor’s report, seconded by Councilman Hersher.

Roll call vote of 8 yes to accept the auditor’s report.         

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – Regarding the rest of our month for meetings there are five Mondays in August so we will not meet the 22nd we will meet the 29th. 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Are there any reports of committees any resolutions or requests of council members?  Mr. Manson?

COUNCILMAN MANSON – Yes, I think this is the appropriate place to discuss Resolution No. 8.  That was the resolution Mr. Mang and I signed on to put the city income tax on the ballot in the fall.  I know if we go by the rules that we don’t have to act on it I believe until the next meeting I’m not positive.  But I think that’s the way it is.  But we could move this ahead by a simply majority vote at this time.  Seeing how we just have until August 10th to make up our mind I don’t think we can take too much longer.  My intent here is to bring this forward with a motion and if we are going to take any action it will be tonight otherwise it will be dead.  I just wanted to let everybody know you know kind of remind you you’re not voting to raise the city income tax.  You’re voting to put it on the ballot and allow the residents of the city to make up their mind.  Just a couple of things as the Repository had a report here several months ago that the taxpayers of the City of Massillon are one of three government entities in the county that have not their taxes haven’t gone up in the last ten years.  If this were to be passed its only .20% increase if you made $50,000 a year it would cost you $100 a years.  If you made a $100,000 it would cost you $200 if you made $25,000 a year it would cost you $50.  There’s been a little controversy on this I can tell you from the beginning this has been primarily myself and the auditor discussion this.  In fact I brought it to the auditor long before she ever really came around to my way of thing on this.  There were some people saying that we’ve had discussions with the mayor and stuff I can only tell you that I’ve been discussing this with the mayor for probably seven and half years.  You can see what he said in the paper he does not support the what I’m talking about here this .20% increase.  He would prefer to work on the credit that we give taxpayers I don’t think that’s the way to go.  This I think is more appropriate we have many people that work in the city including many, many city employees that really if we looked at something like property taxes like as far as police or fire levies or something they wouldn’t be paying anything.  So this would cover everybody whether you live, whether you worked in the city or worked in another city there would be no credit for this .20% increase.  It would bring in approximately $2 million dollars a year little over $2 million a year.  I believe that in about two years we would be out the problem that we have right now and probably with money to spare.  So I am making a motion to bring Resolution No. 8 forward.

COUNCIL PRESIDENT GAMBER – Your motion should be to suspend the rules Mr. Manson.

COUNCILMAN MANSON – Well my motion is to suspend the rule and bring Resolution No. 8 – 2011 forward.

COUNCIL PRESIDENT GAMBER – Is there a second for the motion?  Is there a second?  Motion dies for lack of a second.  Is there anything else in the way of a report or request or resolution?

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

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 DEPARTMETN, 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 –  Yes, we’ve had this, this is the third reading for this.  We’ve been discussing it in our work sessions for the past six weeks.  This is for the creation of a deputy position to aid and assist the fire chief and for lack of a better term making a smooth more efficient department.  It would free him up to take care of his duties while allowing the deputy chief to take on some of the other I won’t say less important but duties that the chief really has to take double burden for right now.  The chief is here if anyone has any questions for him.  If not I will be of course bringing this forward for question of its passage. 

COUNCIL PRESIDENT GAMBER – Do we have any questions?   Would anyone like to have the fire chief come forward?  Mr. McCune?

COUNCILMAN MCCUNE moved to bring Ordinance No. 83 – 2011 forward for passage, seconded by Councilman Peters.

ORDINANCE NO. 83 – 2011 WAS DEFEATED BY A ROLL CALL VOTE OF 5 NO, 3 YES.  MANSON, MCCUNE AND SLAGLE VOTED YES.

ORDINANCE NO. 86 B 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 MANSON – Yes, this request came from the director of public service and safety 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 of two police cruisers for the Massillon Police Department and two dump trucks for the Massillon Street Department.  We have $55,348 we’re paying on leases right now for cruisers that we’re leasing purchasing that will be coming off after this year.  That’s where the funds would come from to do this.  I think all of this equipment is all very much, much needed. 

COUNCILMAN MCCUNE – I’d like to bring the auditor forward please.  Jayne, in one of our work sessions you stated that that #1 you signed off on this ordinance.  (I did)  And #2 the funds are there because once previous lease falls off this lease will kick in.

AUDITOR FERRERO – Well, it would be funds that we would be using over again.

COUNCILMAN MCCUNE – So it basically wouldn’t…

AUDITOR FERRERO – It would be in the budget for next year it would be put aside for that particular thing.  Yes.

COUNCILMAN MCCUNE – And you’re supportive of it?

AUDITOR FERRERO –I am our fleet really needs we need to keep our fleets going and our street department trucks are really in very bad shape.  We have to keep our cruisers up and running so it’s just a good idea when these leases fall off that we bring more brand new trucks on board.  That’s’ just my that’s the only way we’re going to be able to replace them if we do it by leasing them.  We won’t be able to buy them out right. 

COUNCILMAN MCCUNE – Thank you.

COUNCIL PRESIDENT GAMBER – Are there any more questions for the auditor while she’s up, Mr. Peters?

COUNCILMAN PETERS – Okay, let me get this right in my head.  These current leases are going to fall off January 1st?  (Correct)  But when will this lease that we’re going to enter into a contract when will they start?

AUDITOR FERRERO – Well, probably they won’t get delivery on those until the end of this year and that won’t start till next year.  Because they have to order them they don’t even have them ordered or anything yet.  So it takes a while for them to out to bid for them and everything.  Since we’re in the month of August I’m sure it’s going to take at least until the end of the year for the four months to get these trucks and the police cruisers.

COUNCILMAN PETERS – Correct me if I’m wrong I mean if we agree to go out for bid and we do and it comes back and we decide that we’re going to purchase them it still has to come before council for the approval of that anyways for that correct. 

AUDITOR FERRERO – That is correct.

COUNCILMAN PETERS – So if we don’t if by some weird thing we don’t have the money we can always not get them at that time is that correct?

AUDITOR FERRERO – That’s correct.

COUNCILMAN PETERS – But this moves it forward so we can start?

AUDITOR FERRERO – That we can go out for bids.

COUNCILMAN PETERS – That’s all I have.

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – Yeah, just to make it clear though once we approve the purchase then we’re going to have to you know we’ll be committed to budgeting for it next year. 

COUNCILMAN PETERS – Right but it will still be another…

COUNCILMAN MANSON – Exactly.

COUNCIL PRESIDENT GAMBER – Any other questions for the auditor?  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – I just have a comment.  I’m going to be voting no on this tonight because as of August 19th we can no longer make payroll or that will be the last payroll we can make.  As I said last week at the work session we need to have a spending freeze.  I mean we are in trouble financially and we have no business buying anything at this point.  In the future when once we get things under control I say we can get this done.  But we’ve not even made our police and fire pension payment for the first quarter is that correct?  We’re still paying on that?

AUDITOR FERRERO – We’re still paying on fourth quarter. 

COUNCILWOMAN CATAZARO-PERRY – And we’ve not paid the first quarter?

AUDITOR FERRERO – No, but just so excuse me but we can make payroll just not police and fire.

COUNCILWOMAN CATAZARO-PERRY – Okay, so I really feel strongly that we need to be very, very careful and we need to get our financial status straightened out before we are buying anything.  It’s just like at home if you don’t have the money you don’t buy it even though you need it and I’m not saying we don’t need it.  We need it desperately but we don’t have the funds and we really need to watch our money. 

COUNCIL PRESIDENT GAMBER – With council’s permission may I ask a follow up question.  Mrs. Ferrero, you mentioned that we can make payroll just not police and fire.  Can you explain that?

AUDITOR FERRERO – Because the budgeted amount that we budgeted for police and fire their salary line items it expires August 19th. 

COUNCIL PRESIDENT GAMBER – But the other salary items…

AUDITOR FERRERO – Yes, we funded those through the end of the year. 

COUNCIL PRESIDENT GAMBER – Thank you.  Mr. Slagle, for Mrs. Ferrero?

COUNCILMAN SLAGLE – This is not for the auditor. 

COUNCIL PRESIDENT GAMBER – Are there any other questions for the auditor?  Thank you, Mr. Slagle?

COUNCILMAN SLAGLE – I think we need to know what the cost for these four items will be.  Perhaps we can justify the expense for one perhaps even for two.  But without knowing what the expense will be I don’t know how we can know whether or not we’ll be able to purchase them. While I happen to think at some point an income tax maybe required because of the Kasich budget that was passed by the republicans in the state house will deplete more of our funds.  I don’t think we’ll ever get an income tax passed here if we don’t properly plow our streets.  I know that as I understand it we do need at least in the street department at least one.  So I just think that if we ever want to address the issue of increased revenues in that manner we’re going to have to provide the appropriate services.  So I’m going to at least hear what they have to say about what the cost will be and then I think we can make a decision once the bids come in whether we can purchase one, two, three, four or none. 

COUNCIL PRESIDENT GAMBER – Mr. Manson, is your list itemized at all?  (No)  Is there anyone else who would like to ask the first round of questions.  Mr. Peters?

COUNCILMAN PETERS – That’s kind of what I just said to the auditor.  I mean once we go out for bids we don’t have to do anything until we approve it.  So we will know the prices at that time and we can vote yes or no at that time.  It’s a good point that we need to know how much they are but we’ll know that but you can’t but you’ll never find out unless you go out to bid for them.  I mean and you know I’m I agree with Councilwoman Catazaro-Perry that we shouldn’t be buying anything but I mean I know tomorrow I’m going to need probably a dump truck and then I’m going to be you know.  That’s the first thing they’re going to say we don’t have one and it’s a city service we have to provide it we have to be prepared to provide it.  So I don’t see a problem with going out to bid and getting the contracts ready.  I think that’s being proactive at this time. 

COUNCIL PRESIDENT GAMBER – I think that was the jest of what Larry was saying.  Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY – And I think we can out to bid but I think if we are going to do that we scratch in section 1 and 2 that we enter into contract.  This is something I’ve said over and over again that we need to make sure our verbiage is very clear of what we expect.  So I’m okay with going out to bid but I say I’d like to amend this to say in section 1 that we are not entering into contract as well as section 2 that we are not entering into contract we are just going out to bid.  I can support that

COUNCIL PRESIDENT GAMBER – Mr. Manson, your motion to amend. 

COUNCILMAN MANSON moved to amend Ordinance No. 86 – 2011, seconded by Councilman Slagle.

COUNCIL PRESIDENT GAMBER – Can you reiterate again where you’re deleting?

COUNCILWOMAN CATAZARO-PERRY – Sure in section 1 well lets go to the title scratch and enter into contract upon award and approval.  Then in section 1 below that it says according to law and to enter into contract so I’d scratch and enter into contract upon award and approval.  Then also in section 2 right following receive sealed bids according to law scratch and into contract.  That way we’re just going out for bids we’re not saying we’re purchasing or lease.

COUNCIL PRESIDENT GAMBER – My I suggest in all those areas we follow up and delete with the lowest and best bidder since that’s part of the contract language. 

COUNCILWOMAN CATAZARO-PERRY – That’s fine.

COUNCIL PRESIDENT GAMBER – We have a motion and a second by Mr. Slagle.  Are there any comments or discussion on the amendment?.  Mr. Hersher?

COUNCILMAN HERSHER – Could I call the law director up please? 

COUNCIL PRESIDENT GAMBER – You may.

COUNCILMAN HERSHER – Mr. Stergios, then with the amendments is the ordinance legally sufficient for what we intended to do.

LAW DIRECTOR STERGIOS – Yes, I believe so.  They’ll have to come back to you guys to enter into contract.

COUNCILMAN HERSHER – Thank you.

LAW DIRECTOR STERGIOS – Okay, you’re welcome.

COUNCIL PRESIDENT GAMBER – Roll call vote on the amendment, please.

ORDINANCE NO. 86 – 2011 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT GAMBER – Mr. Manson, the ordinance is now back at first reading.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes. 

ORDINANCE NO. 86 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

15. SECOND READING ORDINANCES AND RESOLUTIONS

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 – Second reading.

RESOLUTION NO. 9 – 2011 WAS GIVEN SECOND READING.

RESOLUTION NO. 10 – 2011                   BY:  FINANCE COMMITTEE

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

 

COUNCILMAN MANSON – Yes, I don’t really believe we need to go to a third reading on this.  I think everybody understands this is what we have to do.  We have to submit this to the county every year for them to determine our needs for the coming year.  This is no reflection this is not the final budget this is quite a bit larger than what the final budget would be is every year.  I will be asking to waive the rules if there’s any questions we have the auditor here if somebody want to ask her questions.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 8 yes. 

RESOLUTION NO. 10 – 2011 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT GAMBER – Mr. Slagle, you have a request coming up but can I let’s hold off until we have remarks from the…  Are there any new is there any new or miscellaneous business to bring forward?

16.  NEW AND MISCELLANEOUS BUSINESS

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

CHERYL WATKINS – I’m at 1659 Dexter Rd NE.  I’ve been to council before recently and to the business meeting.  My neighbors and I have spent approximately the last two months trying to prevent a 6 foot chain link fence from being erected in our neighborhood.  It went through the normal process of the zoning board and then they voted it down and it went to appeals and you voted against the fence.  I recently learned that he’s applying again for another variance for the same exact fence in the same location.  I wanted to know is there an ordinance that prevents you from revisiting an issue that’s already gone through the process. If there isn’t why isn’t there I mean I think you should be limited on the number of times at least in a calendar year that you can revisit something that’s been denied. 

MICHELLE RADTKE – 1705 Mohican St SE.  I just want to talk about something that’s kind of near and dear to Walnut Hills and several of our neighborhood associations.  We started talking about occupancy permits and stuff back in 2001, 2002 with Tony and several of the other neighborhood associations.  I feel that we have lost kind of lost sight on this landlord rental legislation.  We talked to Mr. Kraft, Mike Saracena and it was never about making money for the city it had to do with substandard living conditions, deplidated housing property and low to moderate affordable housing for tenants.  People were and they still are living in dwellings that are deplorable and they’re afraid to say anything because they’re afraid they’re going to have reprisals.  We wanted to bring these issues to light to get some way of enforcing landlords to keep up their properties keep on track as to the condition of them and to help all the neighborhoods maintain a neighborhood that people would want to live in.  We realize that to do this that there’s got to be some kind of fee because there’s got to be somebody to enforce this and track the offenses.  But if should not be a hardship however on the landlords as this will only drive the good ones away and the bad ones will continue not to comply.  It would also drive up the cost of rent and some of these people can’t afford it.  We’ve had many good landlords that are responsible they take care of their property, they maintain them and they’re safe.  Don’t penalize them this should be a complaint driven and there should be rules in place to protect the people who living there so that they’re not threatened and they can speak up.  I just feel that this fee that you’re suggesting kind of with this ordinance is too high and it should be adjusted.  Thank you.

LORETTA RITTENHOUSE – 226 6th Street NE.  Thank you for letting me addressing you tonight.  I’m going to further on Mrs. Radtke’s concerns about our ordinance against landlords.  I believe that our landlords are business owners are they not?  They are doing business in the City of Massillon, correct?  We make sure the laws are put down for any other business if they don’t put money aside for a roof that needs fixed why?  It’s a business you need to put that money aside and make sure that its there to make sure that those improvements are made.  That’s where the safety and the well being of their tenant the one paying them and the only giving them the business that they have.  I believe that is very important.  Now I’m going to address the council as you are the big dogs.  You are responsible to make sure that our landlords are doing what needs to be done.  You are responsible for making sure that the building department does their job.  So I’m going to label you the big dogs and when things happen stop passing the buck.  Just get the job done its that easy everybody wants to just keep passing it off and passing it off and blaming someone else and blaming this or this guy didn’t do this or this guy didn’t do that.  You know what just get it done we’re the City of Massillon we can do that.  We have done that in the past we need to stop letting them get away with it, make sure and you know what when you look around at these dilapidated buildings it’s your fault because you’ve allowed it to happen.  When we drive around and we see the improvements in the community it’s because you’ve encouraged it.  So what wolf are you feeding which one are you giving your most time to.  I think that’s very important.  Thank you very much for letting me address you.

DARLA BRUNO – 6519 Pebble Creek Ave NW, Canton well actually Jackson Township.  I’m here to ask the council to consider the Pittsburgh style ban on horizontal hydraulic fracturing.  We gave a copy of the ordinance that was drawn up with the help of the lawyer that drew up the Pittsburgh style ban for Plain Township.  If you would like your law director to be in touch with Ben Price that’s the attorney’s name that originally drew that Pittsburgh ban up.  I can certainly put him in contact with Ben to discuss how Massillon might be able to do this as well.  I know Plain Township had this drawn up it is a consideration but of course everyone’s afraid to stick their neck out because of the unlimited resources of the drillers.  So I’m proposing that all the local governments ban together and go ahead and pass this ban.  All of you together we know we can get Hartville, Plain and North Canton for sure, Canton probably we know we can we’re pretty sure we can pull Monroe Falls and Garrettsville, Alliance and Louisville.  So all those combined resources may be formable enough thus far the Pittsburgh style ban when it has been enacted has not been challenged.  That would be really bad PR for them to be challenging civil rights.  Because the Pittsburgh ban that’s what they do they make clean air and clean water a civil right.  It was very smart way to go about it because Pittsburgh was in the same boat that we are where the state controls the laws regarding the drilling.  Well this was their way of getting around it they made clean air and clean water a civil right and to engage in that type of drilling is a violation of that ordinance.  Thus far it’s upheld and it’s not been challenged and I think we can do this.  I think we need to protect our aquifers and I know you’re probably saying well you don’t live in Massillon well I don’t but I have Aqua Ohio water and Aqua Ohio gets their water from Massillon and from North Canton.  North Canton has wells in Plain and if something should happen to our water and it becomes contaminated you know we may have to have Canton as a back up.  So we are all in this together and I’m hoping we’re going to start pulling in Sugar Creek and some of those south of us because some of our aquifers are down there too.  I know Canton’s is down there in Sugar Creek.  So you know something I’d like you to consider and I can send you out an email with information of how to contact Ben.  In fact a law director from another community wants to speak to Ben in a conference call and we’re trying to get that arranged.  So if your law director might like to join in that we could have him join as well. 

COUNCIL PRESIDENT GAMBER – Have you talked with Mr. Anderson at all yet?  (No, I have not)  Mr. Anderson is chairman of the appropriate committee and I would suggest raise your hand here Mr. Anderson and talk with him afterwards.  He would be starting point on council.

DARLA BRUNO – Okay, thank you very much.

RENEE BOGUE – 204 Willow Avenue NE.  I propose that Massillon City Council adopt the Pittsburgh style ban that Plain Township is currently working on.  Plain Township did pass a ban but that was for fracking on land in which the city owns or I shouldn’t say city but township owns.  The Pittsburgh style ban goes further banning fracking on all township land in Plain.  I have 12 hard copies of the ban that they are currently working on for you to look at.  I would like to thank you for your consideration in this matter. 

MARY KLEVER – 1324 Pearl Ave SE.  I bought excuse me I built a new home several years ago I love my house but I don’t have to go very far to see people living in house where animals wild animals are in and out of their homes.  People are living in substandard conditions and I don’t know are you guys aware of it?  Have you seen them would you like a tour we can get the addresses.  Something that needs to be done has been on the agenda for way to long you act like you’re working in Washington or something.  You know can’t you get along?  Put it on the agenda and get it passed we need to get this taken care of.  People are living in unsanitary conditions you should have to live there for a month and see how we feel.

COUNCIL PRESIDENT GAMBER – Is there anyone else?  Thank you all for coming to speak.  Mr. Slagle?

COUNCILMAN SLAGLE – Yeah, I move that we go into executive session to discuss matters of a pending legal matter. 

COUNCIL PRESIDENT GAMBER – And who will attend this session?

COUNCILMAN SLAGLE – Members of city council, the administration, law director certainly and the auditor. 

COUNCIL PRESIDENT GAMBER – For the benefit of our audience we will be retiring into executive session to discuss a potential legal issue.  When we come back our meeting will be over you are welcome to sit and wait and then you can watch us bang the gavel or if you’d like to leave you may do that.  So at this point we need a second for the motion.  Seconded by Councilwoman Catazaro-Perry.  We now back from executive session Mr. Hersher we need a motion to adjourn.   

18.  ADJOURNMENT

COUNCILMAN HERSHER - I move that we adjourn, seconded by all.

 

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MARY BETH BAILEY, CLERK,

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GLENN E. GAMBER, PRESIDENT

 

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