MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, AUGUST 15, 2011 

COUNCIL PRESIDENT GAMBER - I‘d like to welcome all of you to Massillon City Council for Monday, August 15, 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, Paul Manson, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 7 present.

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

COUNCILMAN MANSON – Yes, I would like to bring them forward separately.  I’d like to make a motion that we excuse Councilman Ron Mang.  Seconded by Councilwoman Catazaro-Perry.

Roll call vote of 6 yes, 1 no to excuse Councilman Mang.   Townsend voted no.

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

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

Roll call vote of 5 yes, 2 no to excuse Councilman McCune.  Peters and Townsend voted no.

2. INVOCATION

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

COUNCILMAN MANSON – Led those in attendance with the invocation. 

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN MANSON – Chairman 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 (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

BOB HARRIS – I live at 2455 Cyprus here representing the St. Andrews homeowners association.  Regarding Ordinance No. 102 and we’re looking for support of council for repairs to the streets.  I don’t know how many of you have had the opportunity to go out there and really take a look Tony could you give me a hand here for a second?  What I did I took the liberty of taking some photos like I said I know everybody here probably doesn’t have the occasion to come out and walk around our neighborhood and see what’s been happening with our streets out there.  Now we’ve been out there now I’ve been there for 15 years the cement streets were probably poured four, five years prior to that.  So you’re looking at cement streets that are starting to deteriorate.  The first picture I passed out to you is just random shots as we went around the neighborhood looking at some of that what’s happening there.  They’ve done some repairs in the past and the second set of photos I’m going to show you it does benefit to patch the cement with cement.  Tony could pass those around.  What you’re going to see in the second photo is where we have had areas repaired.  Just not hot tar placed in the cracks where we actually and I believe it has to be about six years ago I think they came around and initially started cutting out some of the seams and replacing and pouring cement.  These aren’t as good as I as I’d like to see but if you do look at that closer you’re going to see where we actually the repairs have held up much better than the original material that was put down.  Lockhart developed the allotment out there I don’t know what type of quality of cement work he did.  I don’t believe it was very good and we’re kind of paying for it right now.  So from an aesthetic stand point yes it’s falling apart out there Tony one more thing I hate to impose on you but if you would you’re my councilman you get to do this stuff.  Yeah, we are concerned with what’s happening out there but the one thing I think that we really want you to look at as far as the appropriations is to take care of the streets out there.  There is a safety issue involved with this the last set of photos are of the storm sewers and the drains into those storm sewers and how they’ve been undermined.  There was one on Cyprus that was just been replaced after it collapsed.  As I say if you walk around the neighborhood out there and you walk past these storm sewers and see where they’re starting to erode and cave in behind there’s definitely safety issues involved with this.  That either be kids or somebody taking a walk you know where they could not knowing what’s going on get out of their car and walk on one of the berms out there and step into a hole and you know break a leg.  So you know with it being such a safety issue as well you know that’s the consideration I want you to take all things into consideration.  I think I used my three minutes.  Thank you very much.

DAVID FROST – 1632 Amherst Rd NE, Massillon.  I have just a couple questions for Frank the mayor.  He lives close to the golf course or in that neighborhood this is what I heard I don’t know if anybody else heard it.  Before he is out of the office he is getting his whole neighborhood streets redone.

COUNCIL PRESIDENT GAMBER – Mr. Frost, may we have you speak to the microphone please?

DAVID FROST – He’s getting his whole neighborhood street done before he is out of the office.  He don’t care about you or anybody else just himself and his neighborhood.  This is what I heard I’d like to have his answer please.

COUNCIL PRESIDENT GAMBER – This is not a question/answer period.  This is your comments.   

DAVID FROST – Okay, alright.

COUNCIL PRESIDENT GAMBER – But yes the mayor lives near the golf course that’s common knowledge. 

DAVID FROST – So he is not for the people all he care about his pocket and his neighborhood that’s it.  Thank you.

JIM TRINER – I live at 2375 Cyprus Drive SE.  I’m also here concerning the streets of Cyprus and Augusta Drive because of the concrete that’s coming out.  Today the street cleaners were in there and went down the streets probably four or five times and you should be surprised the amount of concrete that those brooms swept out of the holes.  In fact some of it is loose down there yet.  So I’m asking you also to look at those streets for repair.  I’ve also been a resident down there for over 16 years and I can tell you that after 16 years that concrete is starting to deteriorate and go away.  I appreciate your time. 

ALEAN CASTELLANOS - I live at 893 Walnut Rd SE Massillon.  I was just going to address the Ordinance 102 also for any repairs.  On Arch and 3rd there’s the drain has no cover on it and for safety I would think that if any kids fell in it or some cars would fall in it.  Also there’s a hole there going south of Shriver Park that cars have been falling in that also.  So just want you to be aware of that and the concerns that we might have.  Okay, thank you.

COUNCIL PRESIDENT GAMBER – Have you talked with your Councilman Mr. Townsend?

ALEAN CASTELLANOS - Yes.

COUNCIL PRESIDENT GAMBER – Okay so he’s aware of it.  Thank you very much.  Before we get into the introduction of ordinances and resolutions Mr. Manson, do you have a motion to make?

COUNCILMAN MANSON – Yes, I would like to make a motion we had Ordinance No. 105 – 2011 it was left off the agenda is that what you’re talking about?

COUNCIL PRESIDENT GAMBER – This was approved by the finance committee last Monday but the law director did not have it completed by Friday. 

COUNCILMAN MANSON – Exactly and I would like to have it included in tonight’s agenda.

COUNCIL PRESIDENT GAMBER – Seconded by Councilman Hersher.

COUNCILWOMAN CATAZARO–PERRY – Excuse me, Mr. President, I haven’t had time to look at that.  So just one more moment please.

COUNCIL PRESIDENT GAMBER – Alright.  Mr. Manson, you did your committee sign off on this last week? 

COUNCILMAN MANSON – Yes.

COUNCILWOMAN CATAZARO–PERRY – Yes, it’s fine.

Roll call vote of 7 yes to amend the agenda to include Ordinance No. 105 – 2011.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 98 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Indicating what services and zoning conditions the City of Massillon, Ohio, will provide to the Bit of Eden Area Annexation, upon annexation. 

COUNCILMAN HERSHER – First reading.

ORDINANCE NO. 98 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 99 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract agreement with various programs through the Community Development Block Grant Programs for the fiscal year 2011 which the City has provided through the CDBG Program funding, and declaring an emergency.

COUNCILMAN HERSHER – First reading.

ORDINANCE NO. 99 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 100 - 2011                    BY:   ENVIRONMENTAL COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with A J Diana Sons for the disposal of leaves for 2011, and declaring an emergency.

COUNCILMAN HERSHER – This is our annual agreement for the leaf disposal program.  It’s at the same price per ton of $28.50 as last year maximum contract of $15,000.  I was out-of-town last week I wasn’t at the work session so I don’t know if there was any questions or controversy but if there’s nothing outstanding that we can’t handle tonight I would like to go ahead and pass it this evening. 

COUNCILWOMAN CATAZARO–PERRY – Mr. Hersher, I’ve been looking into something and I would appreciate it if we could just give this a first reading tonight so that we can further evaluate this contract.

COUNCILMAN HERSHER – Yeah, I’d be glad to give it first reading.  I’d also love to hear what the councilwoman has been looking at since we’ve starting discussing this. 

COUNCIL PRESIDENT GAMBER – Are you asking?

COUNCILMAN HERSHER – No sir.

ORDINANCE NO. 100 – 2011 WAS GIVEN FIRST READING.

ORDINANCE NO. 101 - 2011                    BY:   HEALTH, WELFARE & BLDG REGULATIONS

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with Love Insurance Agency for boiler and machinery insurance and crime insurance coverage, and declaring an emergency.

COUNCILMAN TOWNSEND – This here is an annual renewal since been on council for the last six years we have renewed this insurance.  I’m trying to find my form so I can go through more in detail.  It has something to do with the boiler and machinery insurance and the crime insurance coverage for 2011 and 2012.  If you have any questions I can someone up maybe they can answer them.  If not I would like to waive the rules and bring Ordinance No. 101 forward for a vote.

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

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

COUNCILMAN SLAGLE – Is there a deadline on this of some sort?

COUNCILMAN TOWNSEND – One ordinance is due the insurance with the boiler was due August 1st, the second one with the crime insurance I believe is due October 1st.  In the information that I received they requested that we waive the readings and bring them forward. 

COUNCILMAN SLAGLE – Don’t we I’m sorry.

COUNCIL PRESIDENT GAMBER – You still have the floor.

COUNCILMAN SLAGLE – Don’t we have some particular system so that these would come up to us before they are passed and we could actually discuss them?

COUNCILMAN TOWNSEND – Actually we should but I think you’ve been on council long enough to know that’s not the case.

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

ORDINANCE NO. 101 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.
 
ORDINANCE NO. 102 - 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 various street improvements in the City of Massillon, and declaring an emergency.

COUNCILMAN PETERS – First reading.

ORDINANCE NO. 102 – 2011 WAS GIVEN FIRST READING. 

ORDINANCE NO. 103 - 2011                    BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund, 1409 Municipal Road Fund, Home Program Fund, 2105 Stormwater Utility Fund and the Summer Concert Fund, for the year ending December 31, 2011, and declaring an emergency.

COUNCILMAN MANSON – First reading.

ORDINANCE NO. 103 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 104 - 2011                    BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to submit an application for financial assistance to the Muskingum Watershed Conservancy District for the Levee Infrastructure Improvement Project and to execute all necessary documents needed to secure the funding for the project, and declaring an emergency.

COUNCILMAN MANSON – Yes, and then I would like to revisit 103 and a little discussion on that if that would be alright.  We’ll do 104 please prepare legislation to authorize the Director of Public Service and Safety to submit an application for financial assistance to the Muskingum Watershed Conservancy District for the Levee Infrastructure Improvement Project and to execute all necessary documentation needed to secure the funding.  Ordinance No. 49 – 2008 authorized the Mayor to sign a letter of agreement to comply with the Code of Federal Regulations, Title 44 Section 65.  Request for provisionally accredited levee designation FEMA is requiring levee owners and communities to ensure that levees providing flood protection meet the requirements stated in the said Code of Federal Regulations of the city in conjunction with the United States Army Corp of Engineers does not comply with the request FEMA will no longer accredit the levee and all areas within the flood plain will be considered flood prone and will be required to secure flood insurance.  The main components of this project will be slip lining of various size storm sewer piping that penetrates the levee structure modification and rehabilitation of existing sanitary sewer siphon chambers and installation of gate valves, cleaning of existing sanitary sewer lines and the application of an epoxy lining along with the cast in place pipe.  The project design is currently being completed by the City of Massillon Engineering Department with preliminary construction estimates being approximately $2 million dollars.  Combination of funding sources including grants and loans are being sought to complete this project.  Right now it doesn’t matter to me if I give this first reading and we take it to the next meeting.  But if there any questions from any council members we have the engineer here I would like to have him up there and answer anything you may have to help expedite this.  Is there anybody that has any questions for the engineer, yes?

COUNCILMAN SLAGLE – You may be able to answer this.  This is just to submit the application right for public assistance…

COUNCILMAN MANSON – Could I ask that the engineer come up and just give us a brief explanation of what we are being asked to do right here.

COUNCILMAN SLAGLE – This is just to submit the application?

ENGINEER DYLEWSKI – That’s correct at this stage we’re just going to the application is due the first of October.  So this is just exactly that.

COUNCILMAN SLAGLE – In submitting the application obviously you’re in a position to do so will that affect it whether we file it now or file it closer to October 1st in terms of numbers or…

ENGINEER DYLEWSKI – Not at all.

COUNCILMAN SLAGLE – So the earlier the better.

ENGINEER DYLEWSKI – I mean we’re still finishing the plans so that’s going to be attached to the application so I mean I guess the timeframe is we have all the way up to the end of September to pass authorization. 

COUNCILMAN SLAGLE – How soon will the plans be done?

ENGINEER DYLEWSKI – Probably within the next two to three weeks.

COUNCIL PRESIDENT GAMBER – Are there any other questions for the engineer?  Mr. Manson?

COUNCILMAN MANSON – Yes, seeing how we have some time we will give that first reading.

ORDINANCE NO. 104 – 2011 WAS GIVEN FIRST READING.

COUNCILMAN MANSON – Then I would like to go back to Ordinance No. 103 if it would be okay. 

COUNCIL PRESIDENT GAMBER – You have the floor we won’t read the title again but we have Ordinance No. 103.

ORDINANCE NO. 103 - 2011                    BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund, 1409 Municipal Road Fund, Home Program Fund, 2105 Stormwater Utility Fund and the Summer Concert Fund, for the year ending December 31, 2011, and declaring an emergency.

COUNCILMAN MANSON – Well, I was a little hasty there.  The first part of this applied to the CDBG Budget and we gave that first reading so I agree I think we should give that part first reading.  But I would like to amend this and look at sections 2, 3, 4 and 5.

COUNCIL PRESIDENT GAMBER – Are you making a motion?

COUNCILMAN MANSON – Yes.

COUNCIL PRESIDENT GAMBER – Can you state that again please?

COUNCILMAN MANSON – I would like to make a motion that we amend this Ordinance No. 103 and remove the first part as far as CDBG Program funding.

COUNCIL PRESIDENT GAMBER – Delete section 1?

COUNCILMAN MANSON – Yes,

COUNCIL PRESIDENT GAMBER – Renumber the remaining?

COUNCILMAN MANSON – Continue to look at section 2, 2, 4 and 5.

COUNCIL PRESIDENT GAMBER – A second, seconded by Councilman Hersher.  Section 1 is deleted section 2 becomes 1, section 3 becomes 2, 4 is 3.

COUNCILMAN MANSON – Can we just leave the numbers the same?

COUNCIL PRESIDENT GAMBER – No, we’re deleting section 1 we’ll renumber everything consecutively ending with section 5.  Mr. Peters?

COUNCILMAN PETERS – I’ve got a question why can’t we just split the question instead of amending?  I mean why can’t you just split that out of there without doing any amending?

COUNCIL PRESIDENT GAMBER – Well, this is something of an awkward situation in that this council approved the budget for this year’s CDBG funds.  Ordinance No. 99 coming from the community development committee would have approved all of those.  That was not approved tonight that was given first reading.  So Ordinance No. 103 now includes all those items which you would be giving approval to without having the previous ordinance approved.  Mr. Hersher?

COUNCILMAN HERSHER – I’m more than willing to bring 99 forward for passage this evening.  I only didn’t because I wasn’t at the work session I wasn’t sure what the discussion…

COUNCIL PRESIDENT GAMBER – As I say council has approved this entire list in my opinion there’s no reason not to pass it but you’re the chairman.  Right now we’re talking about 103 if you all would like to skip around…

COUNCILMAN MANSON – Could I make a suggestion we revisit 99 first and see what…

COUNCIL PRESIDENT GAMBER – Does anyone have a problem if we go back to 99?  Alright, we will leave 103 and go back to 99 Mr. Hersher?

ORDINANCE NO. 99 - 2011                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract agreement with various programs through the Community Development Block Grant Programs for the fiscal year 2011 which the City has provided through the CDBG Program funding, and declaring an emergency.

COUNCILMAN HERSHER – Thank you.  Seeing that it appears that council’s prepared to pass this evening then I make a motion that we waive the rule requiring three separate readings and bring 99 – 2011 forward the question of its passage.

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

COUNCIL PRESIDENT GAMBER – Are there any comments or questions on Ordinance No. 99?  Mr. Slagle?

COUNCILMAN SLAGLE – I thought the numbers for the CDBG money might change.  Did they change or are they what they originally were?

COUNCIL PRESIDENT GAMBER – This is the budget that council approved in May.

COUNCILMAN SLAGLE – Okay because I didn’t go back and look I too was not here last week.  But as long as this is the same money as I understood it there was a time in which there was thought to be a reduction in these funds therefore which would require a change in the numbers.  But if you’re telling me that there wasn’t a reduction and there is no change in numbers then that’s the only question I had. 

COUNCIL PRESIDENT GAMBER – Mr. Hersher, do you have an answer would you like to call the Mayor up?

COUNCILMAN HERSHER – It’s my understanding that they did not change but certainly we could call him up.

COUNCIL PRESIDENT GAMBER – That’s my understanding also.  Mr. Slagle, you still have the floor.

COUNCILMAN SLAGLE – Well, let’s ask the Mayor.  Mr. Mayor, I remember Aane talking to us when this first came through last I don’t know early summer or late spring that there was some concern about the CDBG dollars being reduced.  Do you know if that is expressed in this or is there no concern that this is the money we were expecting and we did in fact get 100% funding. 

MAYOR CICCHINELLI – The money for those services we received dollars for.  So we can do the services that you have there.  Then with program income we’re very capable of fulfilling our obligation for that budget.  There may have been few dollars difference but our basic concern is of course for next year.  But we received close to what we anticipated give or take a few dollars.  But the important thing here is can we meet our obligations to those agencies and the budget that we put together and council passed and the answer to that question is yes we can. 

COUNCIL PRESIDENT GAMBER – Mr. Slagle, Ordinance No. 99 is not the entire CDBG budget this is basically the bottom two-thirds of that list for the programming.  There are other dollars yet that have to be approved.

MAYOR CICCHINELLI – That’s correct.

COUNCILMAN SLAGLE – Alright, so that is correct then what we had earlier passed is not exactly this but these are the numbers in part of the section we had earlier already discussed that we hoped the money would come in for.

MAYOR CICCHINELLI – You approved the budget that you sent to HUD that we sent to HUD.

COUNCIL PRESIDENT GAMBER – Are there any other questions for the Mayor?  Thank you.  Mr. Manson lets do a little housekeeping and have you withdraw your motion please.

COUNCILMAN MANSON – I withdraw my motion.

COUNCIL PRESIDENT GAMBER – It’s withdrawn.  Now we’re back to Mr. Hersher’s for 99 we’ve had the motion to suspend we had discussion.  We’ll have a roll call vote for suspension.

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

ORDINANCE NO. 99 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

COUNCIL PRESIDENT GAMBER – Now, Mr. Manson, we’re back to you with 103.  It appears there’s no need to amend or delete anything at this point.
 
COUNCILMAN MANSON – Okay, we’ll take it section 1 is the CDBG budget and the only difference between what was there and I believe when Mr. Hersher’s ordinance there is a $100,000 for target street improvement.  Is there any questions on that part?  Then next part section 2, is $100,000 please appropriate I’m sorry I have a little problem here.  Line says $110,000 okay we’re talking about the $100,000 for the home housing program request is to appropriate the following amounts from the home program fund for the following activities $100,000 to an account entitled home housing program.  The city receives HUD home funds through a consortium with Stark County and Alliance.  The city uses the home funds to carry out housing rehabilitation and home ownership assistance programs.  All home funds are provided to the program clients in form of grants and deferred payment loans.  That is section 3.  Section 4 is I’m sorry I don’t have 4 here.  Oh what a minute no I do here I have it.  Please appropriate $30,000 from the unappropriated balance of 2105 stormwater utility fund for the replacement for catch basins located at various locations throughout the city.  I won’t go through the whole list we have a list of them there and we have some on Lincoln Way East, we have some of them on Lincoln Way West.  If there’s any questions we have the engineer here we can bring him up and we can discuss those. 

COUNCIL PRESIDENT GAMBER – Mrs. Catazaro-Perry?

COUNCILWOMAN CATAZARO-PERRY –  I do have a question on section 2 the Carmont Avenue Street resurfacing for the engineer.  Mr. Dylewski, have we received any types of dollars for this through grants or…

ENGINEER DYLEWSKI – Yes, it’s a 100% grant dollars for the project this is a joint project with Stark County.  This that represents our share going towards the project and it is through the municipal road fund. 

COUNCILWOMAN CATAZARO-PERRY – I just wanted to get it on the record.  Thank you.

ENGINEER DYLEWSKI – Sure.

COUNCILMAN MANSON – I’m sorry I skip that.  Okay, now section 5 $4,000 please appropriate $4,000 from the unappropriated balance of the summer concert fund to an account 1212.505 summer concert services and contracts.  That money there is money that was left over from last year and that’s care of all the sections.  Anybody have any other 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 7 yes.

ORDINANCE NO. 103 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

ORDINANCE NO. 105 - 2011                    BY:   FINANCE COMMITTEE 

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

COUNCILMAN MANSON – Yes, I’m going to ask are there any questions would you like to have two weeks to take a look at this.  The other question is from the auditor’s office do we have a little time here with this.  (Yes)  Okay, alright, we’ll give this first reading.

ORDINANCE NO. 105 – 2011 WAS GIVEN FIRST READING. 

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A.  NORLSON - $90.00
B.  REPOSITORY - $659.83

COUNCIL PRESIDENT GAMBER – Mr. Manson?  
 
COUNCILMAN MANSON – I move that we pay the bills, seconded by Councilman Hersher.

Roll call vote of 7 yes to pay the bills.

10.  REPORTS FROM CITY OFFICIALS

A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JULY 2011 B COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR JULY 2011 B COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR JULY 2011 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR JULY 2011 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR JULY 2011 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR JULY 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’ll remind you again we will skip next Monday the 22nd because it’s the fourth of five Mondays.  We will meet again for work session on the 29th.  

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR

14.  THIRD 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 – This is something that we did last year and it worked out pretty well.  This is nothing more than giving Mike Loudiana the opportunity to go out and get bids on this.  This is pretty much a standard type thing.  Probably should have done it before the third reading but I’m going to waive the third reading and ask for a vote on this please.

COUNCILMAN ANDERSON moved to bring Resolution No. 9 – 2011 forward for its question of passage, seconded by Councilman Manson.

RESOLUTION NO. 9 – 2011 WAS PASSED BY A ROLL CALL VOTE OF 7 YES.

15. SECOND READING 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 – I will be giving this second reading tonight but it’s an important piece of legislation for the city and for the Wastewater Treatment Plant.  I know we had people in to talk to us about it at the work session on Monday.  I would just like to hear if possible from members of council this evening if they would like to see any additional liked to have anybody come back at our next work session the 29th.  If they could contact me at least within the next couple of days with any specific questions. 

ORDINANCE NO. 91 – 2011 WAS GIVEN SECOND READING. 

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 – Second reading.

ORDINANCE NO. 93 – 2011 WAS GIVEN SECOND 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 – Second reading.

ORDINANCE NO. 94 – 2011 WAS GIVEN SECOND READING.  

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT GAMBER – Is there anyone on council with new or miscellaneous business to bring forward.  Mr. Manson?

COUNCILMAN MANSON – Yes, I probably should have brought this up sooner but the engineer would like to discuss the street resurfacing project program a little bit.  Give a little clear it up for us a little bit.

COUNCIL PRESIDENT GAMBER – Mr. Dylewski.

ENGINEER DYLEWSKI – Yeah, Mr. Manson, as we discussed today I think there was over the weekend and last week there was a little confusion on the various street repair project.  So we just wanted to maybe shed some light on that.  This isn’t a resurfacing project this is basically as in the concrete sections of streets a 2 foot section is going to be cut out along the joint and be replaced a full depth replacement with concrete.  The same type of procedure on the asphalt streets so I know there’s maybe a little confusion that we were resurfacing full width of streets but that’s not what this project was intended to do. 

COUNCIL PRESIDENT GAMBER – Mr. Manson?

COUNCILMAN MANSON – This all pertains to Ordinance No. 102 right the Andrews Avenue NE, 17th Street NE, Augusta, Veterans Blvd and Cyprus?

ENGINEER DYLEWSKI – Yes, that correct.  Since we weren’t…

COUNCILMAN MANSON – It’s not resurfacing we’re just doing some repairs. 

ENGINEER DYLEWSKI – Right, since we weren’t having the traditional resurfacing program this year we looked at some of the streets that need attention for this type of repairs. 

COUNCILMAN MANSON – Anybody have any questions they’d like to ask. 

COUNCIL PRESIDENT GAMBER – Mr. Slagle?

COUNCILMAN SLAGLE – So when you say this is not a complete replacement of the street it’s only the sections that are bad is that what you’re saying?

ENGINEER DYLEWSKI – Yeah, for like the pictures that you received you know the previous project what it does along the joint of the road they’re breaking apart.  So what they do they come in and cut out a 2 foot section out along the joint and replace that section of concrete. 

COUNCILMAN SLAGLE – How were these streets determined?

ENGINEER DYLEWSKI – Through the our total list of streets we have a rating system.  You know typically on a resurfacing program what we’ll do is we’ll put in these types of repairs also to add into to go along with the resurfacing.  So we had you know need repairs targeted on our list previously so…

COUNCILMAN SLAGLE – And who developed the list and the rating system?  Is that your office or someone else?

ENGINEER DYLEWSKI – Yeah, we rate the streets every few years about three years ago SCATS through Stark County came in and rated all of the streets for the city which we keep an updated tab on. 

COUNCILMAN SLAGLE – Thank you.

ENGINEER DYLEWSKI – Sure.

COUNCIL PRESIDENT GAMBER – Mr. Townsend?

COUNCILMAN TOWNSEND  – My question is for Keith.  I drove out here and saw these streets they are pretty bad.  My question is this if we hold off on this considering all the rain and the snow this can possibly triple in cost or double in cost next year do you think?  Because I’m pretty sure they get worse.

ENGINEER DYLEWSKI – Well, yeah, that’s correct they’re going to get worse if they don’t get any attention.  What we’re doing in this project right is not going to cover the entire project that we really need to do.  This is going to hit most of the areas.

COUNCILMAN TOWNSEND  – Is there a are we going out for bidding for this project because I’m thinking maybe we can find someone that’s a little cheaper but still with good quality and maybe we can do what needs to be done and not just do a little band aid repair and then next year…

ENGINEER DYLEWSKI – That’s just the estimate at this point that’s the dollars available so yes we do have to go out to bid.

COUNCILMAN TOWNSEND  – Okay, now who started fixing on the front end of when you go into the Legends right across from as soon as you drive in there right by the apartments there.

ENGINEER DYLEWSKI – Yeah, I did see that I’m not sure if that was a utility company cut, electric company made a repair there.

COUNCILMAN TOWNSEND  – Alright.

COUNCIL PRESIDENT GAMBER – Mr. Anderson?

COUNCILMAN ANDERSON  – I noticed that the area on Augusta when you go around the bend and go up it looks like there’s been quite a bit of repair work with asphalt in that area.  Now that’s versus Cyprus I think Veterans Blvd turns into Cyprus doesn’t it?

ENGINEER DYLEWSKI – Yes, if you continue straight.

COUNCILMAN ANDERSON  – Okay, and then Augusta is the one that goes around?

ENGINEER DYLEWSKI – Right.

COUNCILMAN ANDERSON  – Okay, on the back end of Augusta it looks like there’s been a lot of repair work that was blacktopped type repair work.

ENGINEER DYLEWSKI – Yeah, I believe the street department was doing some patching to try to alleviate some of the pavement from breaking apart.

COUNCILMAN ANDERSON  – But tonight you’re talking about doing repair work with concrete for cement or whatever.

ENGINEER DYLEWSKI – Right, they’re going to cut out the full section of concrete.

COUNCILMAN ANDERSON  – Why didn’t they do that on that part over on Augusta?

ENGINEER DYLEWSKI – Well, the street department is not set up to do that type of work.

COUNCILMAN ANDERSON  – Oh.

ENGINEER DYLEWSKI – Yeah, so this project like I said we’ll be bidding out to contractors.

COUNCILMAN ANDERSON  – So are they going to tear that up over there and put concrete over there where they put the asphalt?

ENGINEER DYLEWSKI – Well, that depends how far we can stretch this project.

COUNCILMAN ANDERSON  – Okay. Alright, and just a question I might ask and it doesn’t necessarily have to do with those three streets over there but 1st Street NE is a mine field. 

ENGINEER DYLEWSKI – Sure.

COUNCILMAN ANDERSON  – I would love to have that cement over at the golf course over on 1st Street NE.   Because it’s just a mine field over there but nobody seems to care about that for some reason.  Is there any chance we might get some work done over on 1st Street between Cherry and Lake?

ENGINEER DYLEWSKI – Yes, if you recall last council meeting you approved OPWC projects and that is one of the projects we’re going to be applying for next year to OPWC.

COUNCILMAN ANDERSON  – Okay.

ENGINEER DYLEWSKI – So we are applying for funding for that project.

COUNCILMAN ANDERSON  – Just asking.

ENGINEER DYLEWSKI – Sure.

COUNCILMAN ANDERSON  – Okay, thank you.

COUNCIL PRESIDENT GAMBER – Is there anyone else before I call on Mr. Townsend again?  Mr. Townsend?

COUNCILMAN TOWNSEND  – If council could recall we did something similar like this a couple of years ago with University Drive.  Because the road is cement you have to do it in blocks and I can tell you today that street is still holding up.  I think some people are really getting caught up because it’s the golf course area and that area is the area that I represent.  I think we really shouldn’t get caught up with that because it is a part of Massillon it’s a street in Massillon.  But I’m afraid that some people may get caught up at it’s in the golf course area.  This is a street just like 13th Street the street I live on it needs fixed just like any other street.  So just kind of be mindful of that.  That’s it I’m done.

COUNCIL PRESIDENT GAMBER – Are there any comments or questions?  Thank you, Mr. Dylewski.

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

CHUCK OSBORNE – 307 Fairview Street SE, North Canton, Ohio.  I appreciate the opportunity to speak.  I’d like to commend this council actions last week to not allow oil and gas drilling on a select piece of city property.  I’m sure your residents expect you to protect them from this kind of industrial activity within your city limits.  Furthermore from the risk that hydraulic slick water fracking brings with it.  You’re not an island unto yourselves over here the entire county many cities and townships are watching closely how you handle this issue.  I would ask that you not politicize this issue horizontal fracking has already been politicized being in the Bush Administration back in ’05 when they created a loophole commonly called the Halliburton Loophole.  Which exempted horizontal fracking from the Clean Air Act, Clean Water Act, Super Fund Act and all the other environmental laws that are currently in place.  Furthermore, we have more politicization from Columbus when they removed local control when it comes to oil and gas drilling.  I would urge this council to reach out and unite with other communities who are trying to slow down the rest to allow horizontal fracking in their communities.  I would urge you to issue a moratorium and I’m not sure if you’ve already done that.  You’ll have to let me know if that has been here have you sent a resolution to Columbus?  (No)  Stark County and everyone needs to unite and possibly even statewide I’m sure there’s communities throughout Ohio that are quite concerned.  We need to slow down allow studies to be completed in a non-political atmosphere and get the true facts. I’ve been very aware of this issue since late last fall.  I’ve looked at a lot of literature seen a lot of reports.  It’s clear that the groundwork was laid both at the federal level and the state level to cram this down the public’s throat.  I hope elected officials here throughout Stark County will sit up and do what’s right and what makes common sense.  We have wide scale brown fields and abandoned industrial properties throughout this county.  I don’t’ think you want to add to it widespread areas where horizontal fracking has ruined our water resources.  Thank you.

MIKE BASIEWICZ – Forest Avenue Massillon.  I’m not only against horizontal fracking but against urban drilling the straight wells which was going to go in over here at the plaza.  The roads you’ve been debating them tonight they’re already falling apart.  I was one of the last ones across Erie, South Erie before it washed down the hill.  My son come home and took a back road home at night he hit a pothole so deep it shoved the strut up through his hood on Richville Drive.  That’s used by trucks all the time.  We put 20 to 40 ton trucks out on these roads they’re going to hell tomorrow.  Just a couple of trucks running on them is going to kill them.  I read about the Stark Development Board in the paper and they’re a little bit bias I would say.  Two of the people have companies that have super fund sites.  Who pays to clean up the super fund sites?  We do.  They say there’s no problem here’s Tiger Stadium there’s a well there’s a hill going up to it it’s too steep to park on it looks like it would be a parking area.  Tony, but there’s no grass there it’s just a well site.  Here’s another one Friendship we’ll go to this one too Blooming Hills there’s a well at the end of the road Blooming Hills.  There’s 16 properties all empty lots going up to the round about and come back.  Here’s another one that’s a nice view too.  No wonder nobody bought any bought any properties.  I think it’s called Gray Ridge Estates it’s at the end of the 27th Street before you hit the railroad tracks this is a newer well.  But it just looks like crap I mean there’s no, no care taken for it whatsoever.  They have their gas they have it piping out there’s no care for that.  There’s about 45 properties there there’s six houses, 39 empty lots.  There’s some of your money you can’t raise here.  Friendship Baptist completed last summer look at these puny little bushes here.  They should grow a little bit faster than that lets hide that stuff at least if you’re going to sit it out in the open by the church lot.  And here’s the best one Friendship Baptist this is a release valve on the separator.  Here’s their fix aluminum foil wrapped over it.  That’s what gas companies do to you.  The gas companies in the Pennsylvania Marcellus okay, they claim 140,000 jobs.  This is industry week it’s more like 10,000 they create jobs but it’s more like 10,000 as of since 2007.  They’re bringing in employees from Texas to work it until there’s locals trained.  The (inaudible) paper regulations, regulations, regulations who pays for it my taxes, your taxes.  Oil companies are not going to regulate itself the Feds say more regulations, the state says the county says more regulations you need to hold off on all of this oil and gas situation until there’s more known and it is actually a safe operation. 

COUNCIL PRESIDENT GAMBER – Thank you.

MIKE BASIEWICZ – One more thing.  How many people here are against drilling in the city?  Thank you.

RENEE BOGUE – 204 Willow Avenue NE.  As you all know we, you helped defeat the ordinance that would lease land for the drilling here in Massillon.  I want to thank you.  I have received nothing but good wishes and thank you and thumbs up and good job from my neighbors, from the people I work with.  When I’m out at the car show with my sign nothing but positive remarks except for two people.  Mr. Anderson, Councilman Anderson, you are my  councilman I am a resident a ward 2 I received a phone call from my neighbor he said you are the hero of our neighborhood.  I’m not a hero this council is heroic you protected your citizens you protected the citizens of Massillon.  You protected our health, welfare and safety.  Councilman Anderson, thank you.  Councilman Slagle, you were eloquent, you could tell that you had done your research.  You’re argument was multi-faceted.  I appreciate you addressing the risk and environmental impact.  Councilman McCune, he talked about the need for local control and I appreciate those comments as well as the citizens.  It showed again as well as you Councilman Slagle that you are willing to protect the health, welfare and the safety of your citizens.  Councilman Townsend, you took approximately an hour to an hour and half after council meeting to talk to us.  You dialogued with us you answered our questions.  You impressed me when you said that your job is to represent the citizens of Massillon.  Not yourself interest but your job is to represent the citizens of Massillon.  Thank you for doing that.  Councilman Hersher, thank you for demonstrating to the citizens of Massillon your willingness to protect us.  Councilwoman Catazaro-Perry, you come out here before every council meeting and greet us and look us in the eye and that is impressive.  That tells us that you know that you represent us and you are willing to hear us and to get to know us.  You are not absent from council meetings.  I, you were the first person to accept some of the information that I brought.  You were the first person to review that which showed an openness to your citizens.  By your words I could tell that you had done your own research as well.  Thank you by way of your vote for protecting the citizens of Massillon and I look forward to you becoming the next mayor of Massillon.  We have had, we have had very briefly a lot of bad decisions here in Massillon with the golf course, the Duncan Place Apartments, the casino and the soil recycling plant.  The soil recycling plant reminds me much of the issue on fracking because we had the EPA come in and geologists and say what goes up in the air comes down in rain and goes into the ground water.  And with fracking we’re talking about the population of our ground water.  Please don’t make the same you know don’t please do not ban fracking we talked about the Pittsburgh style ban we talked about the Plain Township ban both excellent bans.  Ideally you want the Pittsburgh ban.  The USA Environmental Protection Agency study as it relates to the contamination of drinking water will not be done till 2012.  So there is no rush for fracking.  Thank you.

COUNCIL PRESIDENT GAMBER B Thank you.

COUNCIL PRESIDENT GAMBER B Is there anyone who would like to come forward please do. 

DARLA BRUNO – I live in Jackson Township.  I’m here because I get my water from Massillon so what you guys decide around here also impacts me.  I want to talk about that Stark Development Board report because if anyone read it which I did you look at the footnotes all the sources that they used for their report comes from pro-fracking sources, pro-industry sources.  I also include the Ohio Department of Natural Resources when I said that because 100% of their funding is now coming from the permits that they grant to drill.  So if those guys don’t want to get laid off they’re going to have pretty good incentive to keep granting permits.  So you know to hear that that report to hear or excuse me read a quote from the Mayor in the paper that that report was unbiased was ridiculous.  I’m sorry but it was.  And to say that it was thorough is also ridiculous because they’ve spent what a few weeks maybe a couple of months on it.  The US EPA is taking about 18 months to do a thorough report on it.  Propublica, they’re independent news source they did an 18 month investigation so those are things I would call thorough.  You know not a few weeks or maybe one or two months.  I’m putting together a report that clearly just came from industry sources that anyone of us could of just looked up on the internet.  I mean really its an embarrassment and I hope no one uses that report to make any decisions.  There’s no environmentalists involved in you know presenting any those ideas when they created that report.  It was closed to the public it was private it should have been open and I hope you just don’t take that into consideration in any decisions you make.  Thank you.

JIM HUEBNER – 55 6th Street SE here in Massillon.  I just want to make a point to the Mayor if I could that he talks about the people who coming into town and getting involved in Massillon’s politics as carpetbaggers.  But indeed these people that come and support us as citizens when we’re talking about these issues don’t have anything personal to gain by coming here.  They’d rather be at other places then be here home with their families whatever.  The ultimate carpetbaggers in my view are these Texas drilling companies that come into towns like Massillon, Ohio get everything that they can take it and then they’re gone.  The jobs that we’re talking about I think many of them are going to be short term jobs I know they talked about the first phase being development phase just 10 to 15 years.  Well after all the drilling is done and the hauling is done the water is gone where will we have jobs then?  Won’t we be back in the same predicament that we’re in now?  Aren’t these pretty much short term things we’re looking at.  These are questions that I have after reading the Mayor’s article in the paper the other day.  I appreciate your taking the time to listen to us tonight.  Thank you.

COUNCIL PRESIDENT GAMBER B Thank you.

LILLIAN FUQUEN  - I live at 2819 Brentwood Rd NW in Halls and Dales Village.  I’ve just wanted to say first of all thank you for taking the step that was much appreciated by your constituency to not allow the drilling to be done within the city.  The recent proposal from Chesapeake I also wanted to point out that we are in the middle of sort of a slow motion watershed moment.  Watershed moment being a point in time when the decision that you make at this point will affect everything and nothing will ever be the same.  So I’m not sure how many people are fully cognoscente of what we are in the middle of.  But I was on a conference call with the Department of Energy earlier today and this is something that is going to be enormously huge not only here in Massillon but throughout the rest of the United States.  There is a lot of publicity a lot of myths a lot of people who are being misled and it is up to us to be fully informed to our best capacity to the best of our knowledge and to seek out those who can help us become informed and to inseminate that information.  That’s not enough we then have to take steps to be the leaders to be the game changers in those game changing moment.  So by that I mean I encourage you to work not only amongst yourselves but with other townships, councils, city councils, other municipalities to strength your local power.  In that sense I mean to protect your people and your own properties and your own families.  By that I mean banning fracking until it can be proven a safe endeavor which at this point there is so much proof that it is not.  So I again encourage you become informed and take the proper actions you are in a watershed moment and we’re in it with you and we’re counting on you.  Thank you.

COUNCIL PRESIDENT GAMBER B Is there anyone else would like to speak to council.  If not Mr. Manson we’ll look to you for a motion.

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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