MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, TUESDAY, SEPTEMBER 3, 2013 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Tuesday, September 3, 2013.  We have in attendance this evening; Interim Police Chief Bill Peel, Budget Director Ken Koher, Law Director Perry Stergios, Engineer Keith Dylewski, Community Development Director Ted Herncane, Auditor Jayne Ferrero, Mayor Kathy Catazaro-Perry and the Interim Safety Service Director Jim Johnson.  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 down or on vibrate. 

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Quenessa Hampton, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa and Larry Slagle.

Thus giving a roll call vote of 8 present.

COUNCIL PRESIDENT TOWNSEND B Thank you, Madame Clerk, we have Councilwoman Nancy Halter she’s absent today.  So may I have a motion to excuse her?  That’s your motion Mr. Peters.

COUNCILMAN PETERS – No, I’d like to make a motion that we excuse Councilwoman Halter from tonight’s meeting.  Seconded by Councilman Slagle.

Roll call vote of 7 yes, 1 no to excuse Councilwoman Halter.  Peters voted no.

2. INVOCATION

COUNCILWOMAN CUNNINGHAM-HEDDERLY B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Chairperson of the Public Utilities Committee led those in attendance in the Pledge of Allegiance. 

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - 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

COUNCIL PRESIDENT TOWNSEND – We are now at item #5 this is the section of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you want to discuss at this time. 

RENEE BOGUE – I live at 204 Willow Avenue NE.  Actually I’d like to briefly touch on zoning and then talk on the Wastewater Treatment Plant.  I just have a question on the zoning for these on the old agenda for the City’s Vacant Land Reutilization Program.  I just wanted to know if the zoning would remain the same for those properties and if not there would be a public hearing correct and the public hearing would be in the newspaper correct.

COUNCIL PRESIDENT TOWNSEND – Excuse me, Renee, Mrs. Bogue, this is not a question and answer session.  So you know just tell us what you want to know and we will make sure that we provide you with the answer at the end of the meeting. 

RENEE BOGUE – Okay, alright, I just would hope that the zoning would remain the same.  Is there someone I could ask that question to after the meeting? 

COUNCIL PRESIDENT TOWNSEND – That would go to oh Keith.

RENEE BOGUE – And then as far as the Wastewater Treatment Plant I never got a clear figure on how much the city is responsible for.  The newspaper suggested that the amount was nearly 24 million dollars.  It’s been suggested that approximately half of that the city would be responsible for.  I’m not sure.  Then I believe too the city is still paying on the loan from the last expansion.  I wasn’t sure how much we still owe on that.  If that is correct.  And then I wanted to point out that we are currently $2.5 million dollars in debt or will be that at by the end of the year.  A lot of people think that the city is an abstract concept you know the city does this, the city does that.  But you are the city, you are the city, I’m the city and these people out here in our community are the city.  To go into debt approximately $12 million dollars when the city is struggling and will show a $2.5 million deficit at the end of the year is something I do not want to see happen.  Now it was very hard to hear at the hearing and we have no minutes on our or excuse me on our work session and we have no minutes on our work sessions.  But what I thought I heard is that currently we’re using 9 million gallons of water a day.  And this is way under our capacity which is 15 million gallons a day.  There was polling I don’t think it was done by the city but if I’m correct 1.4 million the currently the industry current industry that we have in Massillon will be using that in the future.  2.5 million that’s the prediction for use for the future for industrial land and 1.4 million for residential use.  Which if I do my math currently would be .6 million increase on that.  If you add those up that’s 4.5 million gallons for what they project.  We’re currently at 9 that would bring us to 13.5 millions which is still under the capacity we now have which is our 15 million.  The economic outlook if you read the newspaper in the last couple of weeks is horrible globally, nationally terrible.  Locally we have three businesses that I believe were listed that would be expanding.  But we’re in bad times and if there is a recovery in our economy its going to be slow there’s not going to be a boom in our economy.  It’s going to be very slow.  And later if we have a boom then at that time could we seek grants or might the updates be more affordable or might there be newer technology involved rather than going into such enormous debt to do this when we actually from what I see don’t really need it.  I think our goal should be to get our city out of debt.  For the people of Massillon, Massillon is not Jackson Township obviously.  We have poor, we have people raising families, we have retirees.  Our cost are increasing, almost all my utilities have gone up.  The recent being sewer and water.  My homeowner insurance has gone up, my car insurance, my property taxes have gone up.  Our sales tax has gone up.  My healthcare insurance premium and the deductable has gone up $1700.00 in just two years.  My income will never go up.  So if you look at the trickle down theory alright how do I compensate for all these increases and we will pay the 12 million if this passes.  The taxpayers will or the community Massillon will pay this either directly or indirectly they will be responsible for the 12 million dollars.  Alright, now how do we offset because our like I said my income isn’t increasing.  A lot of people are not getting raises and they’re healthcare insurance is skyrocketing as well.  Okay, does that mean we don’t go to the movie theater in Massillon?  Does that mean we don’t dine out in the Massillon restaurant, does that mean we don’t shop anymore unless it’s an utter necessity in a Massillon store?  Does it mean we drop cable service Massillon Cable?  And that hurts our economy as well.  I know one council member said oh its just a little rate increase.  But if you look at all the increases that the people are facing at this time its you know it could be the one that breaks the camel’s back.  Alright, and levies this will affect might have an affect on our levies because the ballot box is the one time people get to say no.  We’ve got a school levy coming up and it’s a renewal.  Thank God renewals usually pass.  And I am for education totally will vote for any school levies any time they are on the ballot.  But I worry about our levies because people are going to say enough is enough and they might vote no.  I don’t want to see that happen especially when it comes to education.  If we get this debt this 12 million additional debt

COUNCIL PRESIDENT TOWNSEND – Ms. Bogue, you have about 30 seconds.  

RENEE BOGUE – I know I can do it Tony.

COUNCIL PRESIDENT TOWNSEND – Okay.

RENEE BOGUE – It will cloud if we take on this debt it will cloud every future financial decision that you make.  Because you’re going to say “well you know we just went into 12 million dollars more debt how are we going to afford this or how are we going to afford that”.  So please take all this into consideration when you vote.  Thank you. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Ms. Bogue.  Some of your questions you have in your speech maybe answered when we arrive at Ordinance No. 80.  Okay, we are now at introduction of ordinances and resolutions.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 101 - 2013                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from R-1 Single Family Residential to RM-1 Multiple Family Residential.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Thank you, Mr. President.  I will be giving this first reading we have a public hearing scheduled for Monday, September 16th at 7:00pm.  That will be on the night of second reading.  So first reading.  

ORDINANCE NO. 101 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Okay, Ordinance No. 101 has received first reading.

ORDINANCE NO. 102 - 2013                    BY:   PARKS AND RECREATION COMMITTEE

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

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President, first reading.

ORDINANCE NO. 102 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 102 has received first reading.

ORDINANCE NO. 103 - 2013                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 1206 Municipal Motor Vehicle License Plate Fund and the Local Law Enforcement Trust Fund, for the year ending December 21, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has two sections; first section appropriate from the unappropriated balance of the 1206 Municipal Motor Vehicle License Plate Fund, for the year ending December 31, 2013 the following: $6,282.24 to an account entitled 2012 Target Area Street Resurfacing Project 1206.435.2519.  This is these funds are needed for the project change orders.  $305.00 to an account entitled 2012 Target Area Street Resurfacing Project 1206.435.2519.  The second section appropriate from the unappropriated balance of the Local Law Enforcement Trust Fund, for the year ending December 31, 2013 the following: $2,000.00 to an account entitled Local Grant 1215.305.2510.  This is a local grant to the police department from Wal-Mart to be used for the purchase of police department safety equipment.  If there aren’t any questions I’m going to ask that we waive the rules.

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

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

ORDINANCE NO. 103 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 103 has passed. 

ORDINANCE NO. 104 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to submit an application for Ohio Public Works Commission Fund for the 2014 funding year, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  The Council of the City of Massillon, Ohio, determines that is necessary in public health, safety and welfare to authorize the Mayor of the City of Massillon, to submit an application for the Ohio Public Works Commission funding for 2014 funding year and execute any such documents necessary to obtain such funding.  The Mayor of the City of Massillon is hereby authorized and directed to submit an application for the 2014 Ohio Public Works Commission funding and execute any documents necessary to obtain such funding.  Said project shall be as follows: Hankins Road NE Improvement Project and 9th Street SW Improvement Project.  Are there any questions?

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Mr. Peters?

COUNCILMAN PETERS – Seeing none I’m going to ask that we or make a motion that we waive the rule requiring three separate readings and bring Ordinance No. 104 – 2013 forward for a vote.

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

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

ORDINANCE NO. 104 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 104 has passed. 

ORDINANCE NO. 105 - 2013                    BY:   FINANCE COMMITTEE

Making certain transfers in the 2013 appropriations from within the 2102 Solid Waste Fund, for the year ending December 31, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President, first reading for Ordinance No. 105 – 2013.

ORDINANCE NO. 105 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 105 has received first reading.
 
ORDINANCE NO. 106 - 2013                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the 2102 Solid Waste Fund, for the year ending December 31, 2013, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – First reading, Mr. President for Ordinance No. 106 - 2013

ORDINANCE NO. 106 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Alright, thank you, Mr. Councilman Peters, Ordinance No. 106 has received first reading.

ORDINANCE NO. 107 - 2013                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the General Fund, for the year ending December 31, 2013, and declaring an emergency.

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President, first reading.

ORDINANCE NO. 107 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 107 has received first reading.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A). REPOSITORY - $1,254.60

COUNCIL PRESIDENT TOWNSEND – Mr. Peters, may I have a motion to pay the bills?

COUNCILMAN PETERS – I’d like to make a motion that we pay the bills, seconded by Councilman Slagle.

Roll call vote of 8 yes to pay the bills.   

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk. 

10.  REPORTS FROM CITY OFFICIALS

A). AUDITOR SUBMITS MONTHLY REPORT FOR AUGUST 2013 B COPY FILE.
B). MAYOR SUBMITS MONTHLY REPORT FOR JULY 2013 – COPY FILE.

COUNCIL PRESIDENT TOWNSEND – Thank you.  May I have a motion to accept the auditor’s report?

COUNCILMAN PETERS – I’d like to make a motion that we accept the auditor’s report, seconded by Councilman Manson.

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

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Do we have reports of committees? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Any resolutions or requests of council members?  Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  At the request of the members of council I’d like to ask the law director if he would attend Monday night’s work session at 6pm.

LAW DIRECTOR STERGIOS – No problem.

COUNCIL PRESIDENT TOWNSEND – He shook his head and said no problem.  So that’s a yes.  

COUNCILMAN PETERS – Okay, thank you.

COUNCIL PRESIDENT TOWNSEND – Alright, any thing else?

COUNCILMAN PETERS – That’s all I have.

COUNCIL PRESIDENT TOWNSEND – Okay. Now we’re at third readings of ordinances and resolutions.

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 80 - 2013                      BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a joint venture agreement with CTI Engineers, Inc, and O’Brien & Gere for professional services for the Wastewater Treatment Plant Improvement Project at the Wastewater Treatment Plant, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, in light of conversations that we had last week and some concerns that some individuals have expressed specifically about emergency language in all of our legislations I would tonight to give the opportunity for us to vote one way or the other on these particular pieces.  So therefore I would like to make a motion that we amend Ordinance No. 80 – 2013 removing section 4 from the language of the ordinance. 

COUNCIL PRESIDENT TOWNSEND – And that is the emergency language even though we are at third reading. 

COUNCILMAN LEWIS – Does that automatically drop off?

COUNCILMAN PETERS – At third reading it does.

COUNCILMAN LEWIS – My understanding it would have remained on because its part of the legislation.  So if it’s going to remain on I would like to give the people the opportunity to have it taken off before we go into passage if its going to automatically drop off I’d like to maybe hear if from the law director if he feels that it removed automatically. 

COUNCIL PRESIDENT TOWNSEND – Mr. Stergios, could you come up to the podium please? 

LAW DIRECTOR STERGIOS – Mr. President, ladies and gentlemen.  Mr. Lewis the in order accomplish what you would like we should delete well delete all the way to “provided it receives the affirmative vote” if we delete that first sentence then it will go into emergency effect if two-thirds of you pass it.  If not two-thirds pass it it’s subject to referendum.  So it doesn’t it hurt to delete that first sentence if on section 4.

COUNCILMAN LEWIS – So in section 4 you’re saying delete the first sentence?

LAW DIRECTOR STERGIOS – And leave it with “provided it receives the affirmative vote of two-thirds of the elected members”.  Because by law if it gets two-thirds of the members on third reading it doesn’t matter but if doesn’t then its 30 days.  And also my advice would be if someone wants to referendum it we let them.  That’s easier to permit it then to argue about it these days.  I would still delete the first sentence too accomplish what you’re saying. 

COUNCILMAN LEWIS – I agree.  Then my motion should stand as removing the first sentence of section 4 on Ordinance No. 80 – 2013. 

COUNCIL PRESIDENT TOWNSEND – Okay, may I have a second?  Who has a question?

COUNCILMAN MANSON – No, I have a second.

COUNCIL PRESIDENT TOWNSEND –  Seconded by Councilman Manson.  Roll call to…

COUNCILMAN MANSON – I have a is there a question I could ask the law director before we vote on it?

COUNCIL PRESIDENT TOWNSEND – Sure, could you come back up?

COUNCILMAN MANSON – Should we remove the emergency part in the title?

LAW DIRECTOR STERGIOS – Can’t hurt I forgot that was up there “and declaring an emergency” take that out of the title. 

COUNCILMAN MANSON – Yeah, I think that we probably should do that too.

COUNCILMAN CHOVAN – So we’re removing any reference to emergency language is that what we’re doing? 

COUNCILMAN MANSON – Yeah, he’s going to amend here again. 

COUNCILMAN LEWIS – In the last sentence, okay.  Let’s try this a third time. Don’t worry we’ve got two of these tonight so next time I’ll be ready to go.  So the motion will be that I move that we remove the first sentence of section 4 and the words in the title that read “and declaring an emergency” in Ordinance No. 80 – 2013.

COUNCIL PRESIDENT TOWNSEND – Do you have that Madame Clerk? 

COUNCIL CLERK BAILEY – Yes, who seconded it?  Did someone second it?

COUNCIL PRESIDENT TOWNSEND – Councilman Manson seconded it.  Roll call please for the amendments.

Roll call vote of 7 yes, 1 no for the amendments.  Peters voted no.

ORDINANCE NO. 80 – 2013 HAS BEEN AMENDED.

COUNCIL PRESIDENT TOWNSEND – Okay, then I do believe we go back to you to first reading and Councilman Lewis.

COUNCILMAN LEWIS – Well, I’d like to go to discuss it.  We can have Keith come up so we can address some of the concerns that may have been brought up. 

ENGINEER DYLEWSKI – Mr. President, members of council, Mr. Lewis?

COUNCILMAN LEWIS – Yes, some of the concerns that have been brought up I wanted to make sure that we were all tracking on the same page.  The money that is going to pay back from the loan or pay back the loan or what not is going to be coming out of the fees and everything that’s generated its not coming out of  the general fund dollars correct?

ENGINEER DYLEWSKI – That’s correct.

COUNCILMAN LEWIS – So when we’re discussing about a short fall of approximately $2.5 millions dollars we’re looking at two pools two separate pools of money?

ENGINEER DYLEWSKI – Correct.

COUNCILMAN LEWIS – The other question I had when we were first approached about this some months ago part of the issue that we’re having is the EPA if I remember correctly did issue some different standards and regulations that we have to upgrade to meet?

ENGINEER DYLEWSKI – That’s correct in our new permit cycle we have limits we have to meet which we don’t currently have the processes in place to remove the phosphorus.  As you recall council we foreseen in the future nitrogen being on of those limits too.  So council said lets do it now versus in another 15 years because obviously if you do the math of compounding we’re going to you know it would be more expensive in the future.  So that’s what was added to when we were authorized to apply for the loan. 

COUNCILMAN LEWIS – Thank you.  Then I guess the last question I had is this plant also treats much of the wastewater that’s coming out of numerous communities outside of Massillon in the western part of the county.  Is that also accurate?

ENGINEER DYLEWSKI – Well not just western I mean we’re partners with Stark County so most of Jackson Township you know obviously Tuscarawas, Perry Township.  That’s where you saw that the county is about currently about a 50% partner in the plant. 

COUNCILMAN LEWIS – Okay, I believe Milan had a question.

COUNCILMAN CHOVAN – Yeah, so our current licensing runs through early 2016 is that correct?  We have to have the new ability to handle the I guess the increased EPA requirement by did I see March 1, 2016 is that when it kicks when we have to that?

ENGINEER DYLEWSKI – I think it was ’16; do you recall that Bill?  Yeah, that sounds right, Milan.

COUNCILMAN CHOVAN – So it’s not next year but a couple of years.  Okay.

ENGINEER DYLEWSKI – Right, that’s obviously taken into account the timeframe of you know you got a year for design, you got a year and half for construction.  So by the time we get there.

COUNCILMAN CHOVAN – Yeah, yeah.

COUNCILMAN MANSON – Just to comment on that that’s looking at you know getting funding, planning and building and everything in place it’s probably a couple year project getting to that point.

COUNCIL PRESIDENT TOWNSEND – Any other questions?  Thank you..

ENGINEER DYLEWSKI – Can I make a comment?

COUNCIL PRESIDENT TOWNSEND – Sure.

ENGINEER DYLEWSKI – Mr. Lewis as I talked to you last week about the second piece of this with the county there were some modifications so if you wanted to table it that wouldn’t be an issue for now.  

COUNCILMAN LEWIS – Well, we’re at first reading now so I can give it first reading and we’ll be fine.

ENGINEER DYLEWSKI – On both of them right?

COUNCILMAN LEWIS – Yeah.

ENGINEER DYLEWSKI – Okay.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – I do have a question.  We will have to probably increase the fees then correct?  To be able to pay for this?

ENGINEER DYLEWSKI – Well there will be another rate study done which is what I stated before yes.

COUNCILWOMAN CUNNINGHAM-HEDDERLY – So there will be an increase?

ENGINEER DYLEWSKI – Well, the rate study not completed so I don’t know what that would be.

COUNCILMAN LEWIS – And I want to speak to that as well.  First off, the rate a rate increase can not occur unless this council approves.  So I want to make sure that as a council we understand that.  Even if we accept this legislation it doesn’t automatically mean a rate increase is going to occur unless this council says it’s okay.  Secondly, I believe and correct me if I’m wrong we don’t start repayment until the completion of the project which could be a couple years down the road correct?

ENGINEER DYLEWSKI – Well, it will probably be a three year process by the time things would start yes.

COUNCILMAN LEWIS – So we’re looking at 2016 before repayment is a major you know kicks in.  So again it’s not a rate increase unless the council now or in the future decides to make it so.  It’s not an automatic thing built into this legislation. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there anymore questions?  Councilman Chovan?

COUNCILMAN CHOVAN – This is not a related question but it’s a comment based on what Mr. Lewis just said.  True, I mean a rate increase could not go through without city council voting to put it through.  But if we’re on the hook for this loan it doesn’t isn’t it pretty much a given that it’s going to happen?  I mean what are you going to do default on the loan?  So you know what I mean?  So I just want to make that clear that even though its not you know its not a sure thing it pretty much is a sure thing somewhere down the line.  Thank you.

ENGINEER DYLEWSKI – Well I could anticipate you know we want to do a rate study before it would go to construction anyway.  So you know if council when we got to that point you’re going have that in front of you before you know would authorized to you know to go through the construction process.  So…

COUNCILMAN CHOVAN – But in the meantime you’re asking us to okay and get this project going now and I guess based on comments that I’ve heard from the community as well as you know with Ms. Bogue she’s just reiterated a lot of stuff that I’ve heard.  Well, I guess I’m just not sold on the project. 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – I just ask all my council people you know that I work with to keep in mind sometimes decisions like this are kind of tough.  But there was a time when they wanted to bring a railroad through Massillon and the guy that owned the canal fought it.  That cost us industrially and that was a long time ago but you have to look at that.  We want to make sure Massillon is looked at for development.  At least I do.  I’m pro-development and I think that you know its imperative that we stay in front of these things.  So you know you can you can to me its being foolish and that you may be costing us future development.  So I think that’s something everybody should think about.  You know just like Councilwoman Cunningham-Hedderly brought up you know that there could be rate increases in the future.  It’s just like the water every few years since I’ve been on council they come to us with a proposed rate increase.  I think anybody around here that is in business I’m sure Mr. Slagle has raised his hourly rate over the years some what.  That’s part of business.  This is part of running the city so I’m still very supportive of this and I think you should keep moving forward as the you know the city fathers we should be looking at these things for our future. 

COUNCILMAN LEWIS – If you could do me a favor and maybe at the next work session show make sure we have a clear break down of what the EPA upgrades are costing compared with and then what the expansion upgrades.  Because I think we’re getting that lost that portion of this project is an EPA regulation.  We want to make sure we keep that.  With that said I will give this piece first reading. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilman Lewis. 

ORDINANCE NO. 80 – 2013 WAS GIVEN FIRST READING.

ORDINANCE NO. 81 - 2013                      BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Massillon-Stark County Sewer Service Agreement Supplemental #2 for the Wastewater Treatment Plant Improvement Project at the Wastewater Treatment Plant, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – Yes, to start off I would like to make a motion that we amend Ordinance No. 81 – 2013 removing the first sentence of section 4 and the last four words of the title that say “and declaring an emergency”. 

COUNCIL PRESIDENT TOWNSEND – Thank you, do I have a second?  Seconded by Councilman Chovan.  Roll call please.

Roll call vote of 7 yes, 1 no for the amendments.  Peters voted no.

ORDINANCE NO. 81 – 2013 HAS BEEN AMENDED. 

COUNCIL PRESIDENT TOWNSEND – Thank you and you are putting it at first reading.   Thank you, Ordinance No. 81 has received first reading.

ORDINANCE NO. 81 – 2013 WAS GIVEN FIRST READING.

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 90 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing and directing 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 2013 which the city has provided through the CDBG Program funding, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  As we talked about this we were waiting for the money for the funds to be released to us.  Mr. Herncane has contacted me and let me know that they have been released.  So I will be moving for passage.

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  Okay, and your motion Councilman Manson?

COUNCILMAN MANSON moved for suspension of rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 90 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

 COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk.  Ordinance No. 90 has passed.

ORDINANCE NO. 91 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the resale and conveyance of property Parcels #06-11422 and #06-11423 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said properties, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, I asked the other night two meetings now if anybody had any questions or anything.  I’m still asking if anybody has any questions about this I wanted to speak to it a little bit and that one of the residents questioned the zoning on it.  The only thing I can say is everything in the City of Massillon is zoned and these are zoned.  But that doesn’t mean they can’t be changed.  Anybody can petition to the Zoning Board of Appeals and change them.  So they could be changed down the road that’s you know but that would go to the Zoning Board of Appeals and then it would come to council.  So it’s possible that they could be changed.  But no they are zoned right now.  So it’s my intention to move this forward.

COUNCILMAN MANSON moved for suspension of rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 91 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 91 has passed.
 
ORDINANCE NO. 92 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Authorizing the resale and conveyance of property Parcels #06-11421 and #06-07613 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said properties, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Same thing it’s my intention to move to pass tonight. If there’s any questions.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 92 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 92 has passed.

ORDINANCE NO. 93 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Authorizing the resale and conveyance of property Parcel #06-01982 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said property, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  Exact same thing here unless there’s any questions or reasons to hold it up I intend to move to pass.

COUNCILMAN MANSON moved for suspension of rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 93 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 93 has passed.

ORDINANCE NO. 94 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the resale and conveyance of property Parcel #06-01987 pursuant to the City’s Vacant Land Reutilization Program, establishing the fair market value of said property, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, we’re talking about two properties here.  They were deemed as being blighted housing units.  The city purchased those for 0 dollars so now we have an offer from Buying Homes LLC to buy these.  I’ve been informed by Mr. Herncane that the CIC is meeting this Thursday I believe you said?  (Correct)  And he’s asking that we move these along so the builders can the builder can get at rehabbing them.  So…

COUNCILMAN SLAGLE – Is that for 94?

COUNCILMAN MANSON – Pardon?

COUNCILMAN SLAGLE  – Is that for Ordinance No. 94?

COUNCILMAN MANSON – I’m talking about 95.  Oh I’m sorry.  I jumped ahead here.  I jumped ahead here.  Okay, I thought we did 94 here. 

COUNCILMAN PETERS – No, 92, 93, 94 are all about the same.

COUNCILMAN MANSON – 94 and 95 are the same name but they split them I’m sorry.  Okay, we’re on 94 then right?

COUNCIL PRESIDENT TOWNSEND – Yes sir.

COUNCILMAN MANSON – Alright, 94, I’m sorry that was not what I was talking about 95. 

COUNCIL PRESIDENT TOWNSEND – I do have a question.  Because you were stating information for Ordinance No. 95 should we should we discuss a little bit about 94?

COUNCILMAN MANSON – 94 is just like 93 it’s a piece of property that’s part of the you know the reutilization program. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions?

COUNCILMAN MANSON – It’s just a different piece of property but it’s the same the same as 93 as far as what we’re trying attempting to do here.

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions, no questions?  What is your motion Councilman Manson?

COUNCILMAN MANSON moved for suspension of rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 94 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 94 has passed.

ORDINANCE NO. 95 - 2013                      BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into negotiations and convey certain land that is presently owned by the City of Massillon to the Massillon Community Improvement Corporation in accordance with Section 1724.10 of the Ohio Revised Code, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Seems like we talked about this.  Okay, now we’re back to this these homes wanting to be they’re wanting they want to be purchased by Buying Homes LLC to rehab the homes.  We purchased them through the county we have 0 dollars invested in them.  We probably are mowing them so that’s costing us something.  We’d like to get them back into circulation.  Mr. Herncane is here if there’s any questions you’d like to ask we can bring him up if not it’s my intention to move these forward. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions?  Your motion Councilman Manson?

COUNCILMAN MANSON moved for suspension of rules and passage, seconded by Councilwoman Scassa.

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

ORDINANCE NO. 95 – 2013 WAS PASSED  BY A ROLL CALL VOTE OF 8 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 95 has passed.

ORDINANCE NO. 97 - 2013                      BY:   FINANCE COMMITTEE   

Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund, for the year ending December 31, 2013, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, President.  This ordinance is the finance portion of Ordinance No. 90 that Mr. Manson brought forward tonight for the Community Block Grant Programs.  If there are any questions we can get them answered.  But this is just like I said the finance portion of it. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions?  Your motion Councilman Peters?

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

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

ORDINANCE NO. 97 – 2013 WAS PASSED BY A ROLL CALL VOTE FOR 8 YES.

16.  NEW AND MISCELLANEOUS BUSINESS

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

YVONNE DANIELS – I live at 222 21st Street SE.  I have a complaint about my street, the potholes and I’ve been back in May I called the safety director’s office trying to get this strip of land cut.  It’s right on the west corner of 21st and Massachusetts.  This is always you got to call the city to get them to cut this grass or have whoever cut it.  Well I called in May before the school year was out.  Nobody ever showed up.  About a week before last I called the mayor’s office and the guy that I talked to there gave me the he said I needed to talk to the code enforcers.  So I got that office I talked to about two people they gave me a number.  Well it ended up it was a guy and I don’t remember the name I didn’t even bother to write it down that I left a message my phone number to call me back.  He never called back.  On this corner is the school bus stop kids have to stand in the street to wait on the bus or they sit in their parent’s car and the councilwoman I don’t think you ever come that way do you?

COUNCILWOMAN SCASSA – I come that way not frequently but I do go that way sometimes. 

YVONNE DANIELS – Do you know where I’m talking about?

COUNCILWOMAN SCASSA – Yes, I know where you’re talking about.

YVONNE DANIELS – Well, something needs to be done about it. 

COUNCIL PRESIDENT TOWNSEND – Alright, it is so noted.  Would you like to speak?

MAYOR CATAZARO-PERRY – Sure, Mrs. Daniels, we’ll take care of that.  Anytime you have a problem and you’re not getting through to someone feel free to call me.

YVONNE DANIELS – Well, I did call you but the guy that answered that I talked to it was a man that answered you know the phone.  He gave me the code enforcer am I right?

MAYOR CATAZARO-PERRY – That’s correct.

YVONNE DANIELS – Okay, and you know I want my neighborhood to be nice too. 

MAYOR CATAZARO-PERRY – Absolutely.  We want that for you and we’ll take care of that tomorrow.

YVONNE DANIELS – Thank you.

MAYOR CATAZARO-PERRY – You’re welcome.

YVONNE DANIELS – Okay, that’s all.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ms. Daniels.  That’s it.

YVONNE DANIELS – Okay.

MAYOR CATAZARO-PERRY – You have a good day.

YVONNE DANIELS – You too.  Thanks.

COUNCIL PRESIDENT TOWNSEND – Do we have anyone else?

JEANNIE PEDONE – I live at 1119 1st Street NE in Massillon.  I have lived there since 2000 and have I never seen my neighborhood fall apart in a matter of two months with people that I don’t even know where they’re coming from, where they belong and the carrying on at all hours.  I was recently given a federal grant to upgrade my home in April 30th.  Had I known before I signed that contract that my neighborhood in two months was going to fall apart I wouldn’t have done it.  As of today things have become calmer because thank you with the mayor’s office and talking with Mr. Johnson.  I also want to thank my Councilwoman Nancy Halter for taking the time to listen and to literally go by and drive by my neighborhood and see the appalling going, carryings on that I’ve been dealing with so that I’m not labeled the crazy lady in the neighborhood.  I am the homeowner, the lady next to me at 1113 is a homeowner.  The rest of them are renters.  My question is I want to know who owns property at 1129 and 1203 because I will write a letter to that owner and let them know it’s just unbelievable.  I have always felt safe in my home and recently with what I’ve dealt with I don’t feel safe.  Sorry, I’m referring to notes.  These people I call it dancing in the street from 1203 to a little bit to 1113 Discount Outlet.  I’m looking at an empty field across from me that recently was mowed and taken care because when I went to work that morning it wasn’t mowed.  Then it was.  But when I came home they trashed it.  We have trash in that field now.  These people at 1129 and 1203 my council lady asked me “who lives there”?  I couldn’t tell you who lives there or how many until recently.  I found out that at 1129 the people that live there are the representative from my northeast neighborhood association.  And I was a part of that I don’t want to be a part of it anymore.  I want to thank Officer JJ DiLoreto who has listened to me and has taken down license plates that I given him because these people were pulling into a vacant house at 1125 and that’s right next to my house.  They party in their cars and I can’t sleep.  I’ve been woken up as late as 2 in the morning.  So you know what I do I go out on my deck with a flashlight and I put it on their license plate and look at their faces and I write it down.  I’m appalled by what has happened to my neighborhood lately.  And I’m embarrassed to even have my son and his family come over and visit.  I don’t know what to do if anybody has any suggestions I’ll be glad to listen and I’ll be glad to be the bandwagon.  Because I’ve never lived in a situation like this.  I’ve been poor but my son and I have never lived like these people carry on.  If you look at how 1125 and then you look at 1129 and 1203 from the front if the lawn was mowed at 1125 that house looks better than the two rental properties.  I want to know who the owners are.  Mr. Johnson has helped me with this.  I don’t know what else to do.  It’s a scary neighborhood for me now and I love my home.  It’s a home I don’t know what those houses are.  Thank you for listening and if somebody has a suggestion somebody call me.

MAYOR CATAZARO-PERRY – Jimmy will help you…

JEANNIE PEDONE – Yes, he said for me to call him again tomorrow.  But thank you so much for listening.   Thank you.

COUNCIL PRESIDENT TOWNSEND – And also I just want to add also if you are a city official and if you’re not pretty much seated in this area I will not call the two I wanted to express that to are not here.  We have a couple who sits behind Mr. Lewis and Mr. Peters at times I can’t see them.  Then I’m looking over here or back here for some others so these individuals will be missed unfortunately because I’m not going to continue to scan the council chambers looking for city officials who are attending these council meetings when we have individuals who come and sit in the designated areas that has been a designated area since I was elected back in 2006.  So that’s all I have to say.  Are there anymore questions?  Any statements, comments or concerns? 

18.  ADJOURNMENT

COUNCILWOMAN CUNNINGHAM-HEDDERLY  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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