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MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, August 21, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Pat Pantello from the Auditor’s Office, Law Director Stergios, Terri Argent from the Health Department, Fire Chief Larry Layne and Engineer Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MAIER gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MAIER Chairman of the Police and Fire Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 119 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – Ordinance No. 119 deals with the Progressive Cadillac Dodge. This piece of property was recently annexed to the city and at that time it carried a Perry Township zoning. What this ordinance would do is to establish a city zoning of B-3 General Business. We’ll hold a public hearing for this on September 18th at 7:00pm. ORDINANCE NO. 119 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 120 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – Ordinance No. 120 deals with Menard Inc. They’re proposing to develop 45 acres of land located on the west side of Route 21 between U.S. 30 and Warmington Road. The majority of this property is already rezoned B-3 General Business. The specific request at this time is to rezone 800 foot wide by 310 foot deep portion of Out Lot 581 from I-2 General Industrial to B-3 General Business. Public hearing for this will be held on September 18th at 7:10pm ORDINANCE NO. 120 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 121 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Ordinance No. 121 deals with nonconforming properties, nonconforming being a for instance a residential property located on industrial zoning. If in fact today that home would have a fire and lose 60% of it, it would automatically have to be rezoned again. If the person wanted to establish their residential there which would mean it would have to go to a different zoning which would require going thru a public hearing and etc. This would be the same way if it happened to be an industrial site. If more than 60% of it was destroyed by fire or etc they would have to go thru the same thing. What we’re proposing here that if a nonconforming residential structure or a nonconforming portion of a residential structure be destroyed by accidental means it maybe constructed in conformity with the regulation of the district where it is located on to its original use. Which means if a person had a residential home setting on an industrial site if they wish they could still live in that area and it could be zoned as residential in a nonconforming area. The change would be that if you have an industrial site located in a residential area they in turn then would have to apply back thru all the steps that we have and ask for a zoning which at that time probably was residential zoning other than where the nonconformity existed. So this will have a public hearing on September 18th at 7:20pm. ORDINANCE NO. 121 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 122 2006 BY: HEALTH, WELFARE & BLDG REGULATIONS COUNCILWOMAN FERRERO We discussed this contract at our work session I believe everyone was here for that. What this means is they’re going to vacating the Grand Mills Center and we’re going to go up to the building right next to Massillon Community Hospital and we’ll be rent free except for the space that we asked for in addition. Terri Argent is here from the Health Department along with the Mayor and the Law Director. The Law Director has looked over the contract and he would like us to go forward and pass this, this evening. COUNCILWOMAN FERRERO moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 122 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 123 2006 BY: PARKS AND RECREATION COMMITTEE COUNCILMAN BRYAN The City of Massillon currently has a lease agreement with this company for the cell tower in Kiwanis Park. The company approached our park & rec. department about extending that lease for an additional 20 years. This was agreed to after it was renegotiated by our park & rec. department and then agreed to our park & rec. board. It now comes to us the benefits to the city are that we will be guaranteed the lease payments on this thing for an additional 20 years. That actually extends this lease out 40 years from today from July. So it’s impossible to say in 40 years whether they’ll still be using cell phone towers or what they’ll be using. We have a lease and they’ll have to pay us we currently receive $11,000.00 a year for that lease and there’s an escalator clause after a certain number of years it goes up by $750.00 every 5 years. So the park & rec. board would like us to pass this it’s a good income stream for their parks and their services. COUNCILMAN MANG We’ve recently been talking about cell towers and the question has come up for proper zoning being an industrial zoning. Is this parcel of land zoned properly for that? COUNCILMAN BRYAN Well it’s an existing cell phone tower I don’t know when it was installed there. I don’t know how it was zoned at the time or what our ordinances were at the time. But it’s been there for quite some time. COUNCIL PRESIDENT GAMBER I have a partial answer. The ordinance was written in 1995 the towers are restricted to industrial zoning or publicly owned property. Other words if the city or the school board owns property they can install cell towers on that property. Kiwanis Park, of course, was owned by the city. COUNCILMAN BRYAN Interesting; aside I talked to the park director today Mr. Kamminski he says the reason that the company wants to extend is so that they can lease more space on their tower to other mobile telephone companies and cellular companies. So maybe you know this would reduce the number of new towers being built since people don’t really like to see these huge towers built near their homes. They tell me there’s room for more users on this tower, but the cellular companies want a very long term lease and that’s why they needed to extend their lease with the city so they could market this to additional cellular companies. COUNCILMAN MANG I have one other question. You brought that up that’s interesting about the other being able to lease out some other space on the tower. In our original lease does it indicate that they will be permitted to add additional people to it and how many? COUNCILMAN BRYAN We, I don’t think we limit how many users they can use with the tower. COUNCILMAN MANG Well, generally when they make up a lease like this they have proposed that it will have no more than 3, 4, 2 or whatever. That kind of determines the amount of value that they so distribute. So I guess that’s my question. COUNCILMAN BRYAN I don’t have an answer Ron I don’t know that. COUNCIL PRESIDENT GAMBER Would you like to receive an answer before proceeding to a vote? COUNCILMAN MANG I don’t know if there’s anybody here that can give me that. LAW DIRECTOR STERGIOS – I can pull the original lease before you guys go on. COUNCILMAN MANG I don’t wish to do that. I think it would so be the original lease did not indicate the number or if indicated a number lets say 1 or something like that then I guess I would probably ask for reconsideration at the next meeting. But if everything is according to original lease I don’t have a problem. COUNCILMAN MAIER Yes, it’s my understanding that on the original lease they allowed us to put our police and fire equipment up there as far as the stations and the repeater and the tower that still going to be a comp to us right.? COUNCILMAN BRYAN Right, it’s just an extension of the lease. It doesn’t change the lease in any other way. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Mang. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 123 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 124 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, there is a crack a structural crack at the rear of Number One Fire Station. We have discussed this in committee and we have brought it forward before. It’s my understanding that we need to put this out for bids and get that fixed so that it doesn’t get any worse. COUNCILMAN MAIER moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 124 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 125 2006 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY COUNCILMAN PETERS Yes, we discussed this at the work session on Monday night. This is to vacate the south half of a certain south half of Southway Street between Sherbrook and Southway Street intersection. This all came about since the completion of the Richville Drive Project. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 125 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 126 2006 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY COUNCILMAN PETERS Yes, it’s just that it’s to enter into contract to find a bidder for the Amherst Road Resurfacing Project. The City of Massillon has received a $116,000.00 grant from the Municipal Road Fund Program thru the Stark County Engineers. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 126 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 127 2006 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY COUNCILMAN PETERS Yes, this is to redo the city parking lot at the Municipal Government Center. The estimated cost of the project is $250,000.00 it will be paid from the Massillon Municipal Court Special Project Fund. COUNCILMAN BRYAN I just wondered what the plan is for the parking lot. Are they are going to take that divider out between the existing parking lot and the parking lot that used to go with the bank? Are there going to be more spaces when they’re done, do you know? COUNCILMAN PETERS I was told they’re taking the divider out and they’re moving the entrance to the parking lot onto that I don’t know what street that is I’m not sure. But that parking lot runs adjacent to that’s where the new entrance is going to be off of that street to take down the traffic congestion that’s now on Tremont. So that will all be one parking lot the way I understand it. We could bring Keith up if you like and verify that. COUNCILMAN BRYAN Are we, what street is it that the entrance is going to come off of? ENGINEER DYLEWSKI – Well, two entrances on Second Street. COUNCILMAN BRYAN On Second Street. Okay, and are we picking up any spaces? ENGINEER DYLEWSKI – Yeah, there’s quite a few spaces I don’t recall the final number is, but there are quite a few. We as Mr. Peters stated we are combining both lots I guess where that divider is and the guard rail is. Also you know where the sidewalk is where city officials park and the police detectives on the side where the Charles Street is now that’s all going to be combined also. COUNCILMAN BRYAN Oh, that’s going to be combined also? When is this going to get underway do you think? ENGINEER DYLEWSKI – Probably take about a month to bid so probably little over a month before construction will start (How long do you think estimating?) Well, with an aggressive construction schedule about 3, 4 weeks. COUNCILMAN BRYAN 3, 4 weeks because we’re going to have a lot people finding parking spaces for 3 to 4 weeks. So the more aggressive the better. COUNCILWOMAN FERRERO Those spots that are along Charles Avenue will all be corporated into the new parking lot the private spots for the city officials those will all be part of the parking lot. So it will go clear back to where the Ohio Bell building is? (That’s correct). COUNCIL PRESIDENT GAMBER Mr. Dylewski will there be any parking in those lots during construction? ENGINEER DYLEWSKI – No, I think the judge is working with YMCA and a couple other surrounding places to park during construction. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 127 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 128 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY This Ordinance is to reduce the appropriation of the Parking Enforcement Fund due to the fact that the Parking Enforcement Officer is currently not working. The dollars that we would like to reduce are $7,367.00 from the account entitled salary parking enforcement. $1,200.00 from an account entitled PERS parking enforcement and $129.00 from an account entitled Medicare parking enforcement. This was discussed last week at the work session. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 128 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 129 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY This ordinance has 7 sections to it. Section 1, we’d like to appropriate money from the OPWC Projects Fund into an account entitled 27th Street/Jackson Avenue Project. That total is $764,263.00. Section 2, is to appropriate from the unappropriated of the Income Tax Capital Improvement Fund into an account entitled 27th Street/Jackson Avenue this dollars $363,865.88 is money from Perry Township since we are the lead on the project we need to place the money in this account and then pay it out of this. Section 3, is $116,000.00 we’d like to appropriate from the Municipal Road Fund into an account entitled Amherst Road Project which we just passed thru streets and highways. Section 4, there’s an appropriate from the unappropriated balance of the Waste Management Grant Fund into an account entitled recycling services and contracts this amount is $39,400.00 and this is the grant we received every year this is for leaf removal. Section 5 then is our Healthy Ohioan Grant we’d like to appropriate the money into an account entitled capital Purchases $15,099.58 and they’d like to purchase some exercise equipment, $6,639.26 into an account entitled services and contracts and that’s to teach the fitness classes and $5,309.16 into supplies and materials and this also for supplies to teach the class. Section 6, is to appropriate money from the General Fund $1,650.00 this is mandated by the Workers Comp insurance that we receive and this is to keep our insurance low as far as our payment and this is part of the drug free work place seminar that we’re going to be holding. This is a mandation that we have to complete. Section 7, then is $700.00 to appropriate from the Wastewater Treatment Fund and this is for sewer refunds people that maybe have moved out of the city that are entitled to a refund. COUNCILMAN BRYAN I’d just like to ask if we could get the engineer up and just give us an update because I hear they’re starting to stake things off on 27th Street. That’s a big project that I know we’re all interested in. We were talking before the meeting you were explaining that those stakes along 27th Street are not the boundary of the road right that’s just the boundary of the right-of-way. ENGINEER DYLEWSKI – That’s not where the road’s going to be that’s the boundary of the right-of-way. COUNCILMAN BRYAN I know some people were concerned that the road was going to be all the way up to where the stakes are, but that’s not way it is. They’re going to start construction when? ENGINEER DYLEWSKI – Technically they’re under construction now they’re doing tree clearing this week and towards the end of the week they’re going to start the storm sewer work. COUNCILMAN BRYAN Is the road going to be closed or partially opened or how are you maintaining traffic then? ENGINEER DYLEWSKI – We’re going to close it in sections while they’re working like the tree clearing people had it you know up by Lincoln Way closed today and they’re cutting trees down. It’s open to residents all the time they’re going to maintain that, but it’s just closed to (inaudible) they should follow the detour around. COUNCILMAN MCCUNE – Keith, are they doing both sides of the road at the same time as they did on the Lincoln Way West Project? ENGINEER DYLEWSKI – Yes, the contractor will widen it. COUNCILMAN MCCUNE –Fortunately, there’s no businesses on that road to be impacted as in my ward. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 129 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 130 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No 130 is to establish a fund entitled Law Department – Forfeited Funds and creating line items within said fund and declaring an emergency. Mr. Stergios would you approach the podium please so he can answer questions? There are two sections here the first section is establish the fund; section two the city auditor is authorized and directed to draw his warrants and make payments on vouchers for the proper department authority could you explain section 2 a little bit? LAW DIRECTOR STERGIOS – Certainly, I can probably explain the whole thing since it is somewhat of it’s not an odd request, but something you don’t see. This came about the we had a couple cases in Perry Township that were prosecutor thru our office which resulted in the Perry Township Police Department as part of the court case resolution receiving a large sum of money forfeited or ordered forfeited by the court. Chief Escola approached us and he wanted to give some of that back to the law department so that we could have some seed money for future investigations and things like that. We never really had anyone give anything back before usually the police departments keep it. So I didn’t have anywhere to put it so I established the county prosecutor has a similar type of statutory authority and fund where they receive money that’s forfeited from drug investigations or whatever the case may be. So we would anticipate that this would be used for future drug investigation, gambling things and so forth in conjunction with the police department in case we have to you know pay for some certain costs being video taping, expert witness whatever the case may be. So I believe Chief Escola is sending $5,000.00 is what will be coming into this I don’t anticipate seeing huge amounts coming in to it one way or another unless we have good case. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 130 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR MASS ENTERTAINMENT INC 14 LINCOLN WAY WEST MASSILLON OHIO 44646 LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM LUCKYS RETAIL MANAGEMENT LLC DBA LUCKYS RETAIL MANAGEMENT LLC 1630 KEUPER BLVD NE MASSILLON OHIO 44646 TO SWEETPEA RETAIL LLC DBA MAGGIORES DRIVE THRU “5 1630 KEUPER BLVD NE MASSILLON OHIO 44646 COUNCIL PRESIDENT GAMBER Mr. Maier, are those both in your ward? You have copies of both alright thank you. COUNCILMAN MAIER Yes, I have copies of both. 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT - $176.72 COUNCILWOMAN CATAZARO-PERRY I move we pay the bill, seconded by Councilman Bryan. Roll call vote of 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR JULY 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER I’m sure the members all have those and we’ll put copies in the appropriate file. As far as committee meetings next week we will meet on Monday, the 28th at 5:45pm. I’d like to remind everyone again about our council meeting in September. We will be meeting Tuesday, September 5th instead of Monday, September 4th due to Labor Day. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MAIER Yes, I’d like to ask Keith if he could come to the microphone for a minute. I’d like to ask about Lincoln Way West and see where we’re at with it with school starting up and our bus routes and everything. Just wondering if we’re on time and when that is going to finish up or whatever. ENGINEER DYLEWSKI – Everything’s on schedule as I said previously sometime mid to late September when the project was scheduled to be finally paved, the final paving as for the buses and the contracts will maintain traffic just like it does for residency. COUNCILMAN MAIER Okay, so the project in its entirety will be done when about? ENGINEER DYLEWSKI – Final paving will be done at the end of September then they’ll have to do landscaping, seeding, stuff like that. COUNCILMAN MCCUNE – I would just like to make a request I have had numerous phone calls on the T-Mobile cell tower that’s being sought in my ward. I was just hoping that Law Director Stergios could be here for the work session Monday or someone from his office to deal with some of the issues that I believe will be coming up. COUNCIL PRESIDENT GAMBER Dave, I understand from our Clerk that an appeal was filed today. 13. CALL OF THE CALENDAR ORDINANCE NO. 73 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Yes, actually this piece of legislation is dated May 15th 2006. So it has been for a while. Originally and is still intended to provide a $100,000.00 to the Polymer Packaging Company for an inducement grant. The city as of now is still waiting a $100,000.00 to receive back from the sale of Out Lots in the Massillon Market Place. My question is have we received the $100,000.00 two heads are shaking and that’s better than one. So obviously we are in receipt of the $100,000.00 so with that in mind members of council yours truly here is going to ask you to accept this Ordinance No. 73 and bring it forward for its question of passage. COUNCIL PRESIDENT GAMBER Mr. Mang, for the record can you indicate who assured us that the $100,000.00 was received? COUNCILMAN MANG The $100,000.00 was assured to us by the mayor and also by the law director. COUNCILMAN MANG moved for passage, seconded by Councilman McCune. ORDINANCE NO. 73 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 14. THIRD READING ORDINANCES AND RESOLUTIONS – NOTHING. . SECOND READING ORDINANCES AND RESOLUTIONS – NOTHING. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA PATRICK PERKOWSKI - 421 10th Street NE. Here at the Massillon Fire Department 451 Labor Management Committee we’d like to support the mayor in rebuild a new station 3. It’s in very poor condition I’d like to invite all council members to come inspect it. COUNCILMAN MAIER Yes, on that issue I had a discussion with the fire chief and we’re going to try and set up a time for council tour that station. COUNCILMAN MCCUNE – Because of my hours if you can make that a Saturday I would love to tour that. COUNCIL PRESIDENT GAMBER And if not Mr. McCune you can certainly make an arrangement to stop by at any time. (I’ll do that) 18. ADJOURNMENT COUNCILMAN MAIER I move that we adjourn, seconded by all.
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