|
MINUTES OF THE REGULAR MEETING COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Tuesday, September 4 2007. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Bill Hamit, Law Director Perry Stergios, Engineer Keith Dylewski and Community Development Director Aane Aaby. 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 COUNCILWOMAN CATAZARO-PERRY – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILWOMAN CATAZARO-PERRY – Chairperson 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 (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 BRAD GOLDBERG – I’m with the Visconsi Company, 30050 Chagrin Boulevard, Pepper Pike, Ohio. I just wanted to make a few brief remarks regarding the passage we’re asking for tonight on the Genshaft Road parcel. I know that there’s some concerns from some of the council members at what point the Visconsi Company would be going public with who are tenant is and our site plan. What I wanted to share with you as soon as there’s passage and we’re under contract that as soon as we then can get the document executed in a actual form we present our deal to our potential tenant. Once that deal goes through the real estate executive committee there’s really no problem with us going public at that time. What I’ve had the opportunity tonight to express to some of the council members and including the Mayor is I think within 30 days I feel confident that not only would we be able to share with the city who our tenant is but also initiate the first work session with the city not only have an idea who the tenant is but we’ll also have they will look at a vision at what we are planning on this site. So before we got too far into tonight’s agenda I just wanted to express that so when it comes time to vote you know we understand how important it is for the city to know who is and what it is we’re developing as soon as possible. Thank you. COUNCIL PRESIDENT GAMBER Thank you very much. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 98 – 2007 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 the various programs through the Community Development Block Grant Programs for the fiscal year 2007 which the city has provided through the CDBG Program fund, and declaring an emergency. COUNCILMAN MANG – Members of council, at the work session Mr. Aaby took the time to go through and explain to us the various segments of this piece of legislation. But basically we get down to its what council approved in the 2007 CDBG Program. This is the listings of the funds individually that was approved by council; what this piece of legislation would do would be we would then enter into separate contracts with each one of these programs as they are listed. Now I don’t think there’s any great hurry in doing this I think we can, I think we can go ahead and give it one reading, two readings it depends on how council feels about this. We went through public hearings for this, its been before this body before and then this body has approved it and now we’re in the final stages where the city would start to work out an individual contract with each one of these programs. I think Aane said we are in no hurry to do this its not a case of hurrying to do this its council want to keep it on the agenda since we’ve already addressed these programs. I’m not seeing any big… COUNCILWOMAN CATAZARO-PERRY Mr. Mang, I just wanted to make sure that you were aware of that in finance in Ordinance No. 105 we’re going to appropriate the money for those programs this evening and we’ve not split that out I just want to make sure you’re okay if we don’t go ahead we’ll go ahead and appropriate tonight. Is that okay with you? COUNCILMAN MANG – It’s okay to go ahead and appropriate because I’d like you know I don’t see a real reason to and I’ve been called on the carpet for using the word emergency. Okay, council does not nothing but pass everything under an emergency. Well, I can give you the definition of emergency if you fellows what to know what that is. But anyhow, I’m not saying this is an emergency I think it’s a case of trying to clear our agenda with programs that we’ve talked about we’ve had public hearings about its been publicized and these people are now I’m sure would like to have the money that we’ve talked about. For all those reasons other than if there’s no objections from council I’ll wait for a second. COUNCILMAN MANG 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. 98 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 99 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending CHAPTER 1137 “CHANGES AND AMENDMENTS” of the Codified Ordinances of the City of Massillon, by amending existing Section 1137.02 (a)(2) “DETAILS OF PROCEDURE” by adding a new Subsection 1137.02(a)(2)(f) and 1137.08(a) “FREQUENCY OF APPLICATIONS” by changing the time requirement for the frequency of applications. COUNCILMAN MANG – Members of council, there is a piece of legislation that’s going to be around a little bit with us. This is going to have to go through three readings and its going to have to go through a public hearing. There’s some very definite changes in the process of applying for a zoning change. It deals with the individual who is requesting it and it actually puts an awful lot of I don’t want to say pressure, but a lot of things that has to be done by that individual to secure some of the comments out into the neighborhoods to have meetings with these people and to discuss what their intentions are. It also draws to the changes of time element that you can ask for a rezoning on a parcel of land for the same purpose from 12 months to 6 months. So, Mary Beth, do we have a public hearing date set for this? COUNCIL CLERK MARY BETH – Yes, its October 1st at 6:45pm. COUNCILMAN MANG – October 1st at 6:45pm; so this will be first reading. ORDINANCE NO. 99 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 100 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending Section 1151.02 of the Massillon Code of 1985 rezoning a certain tract of land from MR-1 Multiple Family Residential, R-T Two Family Residential and R-1 One Family Residential to B-3 General Business. COUNCILMAN MANG – We now have another piece of legislation that’s going to be with us little while. This piece of legislation was with the planning commission for quite a while as a matter-of-fact I think it came up before three different times for the planning commission. We’re talking about rezoning a parcel a large parcel of land down on 1st Street NE on McCadden Avenue. It’s in the neighborhood of the what’s the name of the discount? (Discount Outlet Store) Yeah, Massillon Discount Outlet on Erie Street North. So this will have three readings plus a public hearing and that’s scheduled for? COUNCIL CLERK MARY BETH – October 1st at 7:00pm. COUNCILMAN MANG – October 1st at 7:00pm; first reading, sir. ORDINANCE NO. 100 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 101 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Enacting of the Codified Ordinances of the City of Massillon, entitled “Construction Contracts.” To authorize the Mayor to execute a Project Labor Agreement (“PLA”) with the East Central Ohio Building and Construction Trades Council (“ECOB & CTC” or “Council”), its successor, or any individual union that is a member of the Council or the Council’s successor, for any Construction Project undertaken by City of Massillon, and declaring an emergency. COUNCILMAN MANG – As members of council know that at the work session Councilman Bryan proposed this legislation. As we know this legislation again, has been talked about by this body and several work sessions by Councilman Dave McCune. But for whatever reasons it never got into ordinance form so at the last work session the community development committee signed on to bring this piece of legislation forward. We brought forth the language that was proposed by Tim. In my conversations with Mr. McCune who’s been a large part of this he has stressed to us as matter-of-fact he did it in work sessions that he wanted to make sure that council would take all the necessary time to make sure that we actually crossed the T’s and dotted the I’s and didn’t put ourselves in a position that the city to the north of us found themselves in. We want to make sure that what we do is correct and its legal I think there’s any question that its needed its just making sure that the language will stand whatever challenge it may have. Dave, do you have other words at this point. COUNCILMAN MCCUNE – I have some residency language that I’d really like to see be a part of this and I mentioned that at the work session last week. So before we go forth any further with this I would really like to have it in a work session where we can discuss the language that I have been waiting on for some time and we just got the go to go forth with. COUNCILMAN MANG – Well, I think what I’ll do is we’ll give it its first reading since we have it out on the table that’s where we want it you know a lot of things can happen. This whole thing can changed, amended and whatever and that way we can have or we can have it as long as we wish. You know we decide that we want it to go whatever we can do we definitely would have a couple work sessions and everybody have that opportunity and feedback and I think as soon as we get some of the language that you’re interested in seeing put in here it would be helpful if we get some of that together so everybody sees it and then at a work session. So if nothing else we’ll be giving this first reading. ORDINANCE NO. 101 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 102 – 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to submit an application for Ohio Public Works Commission Funding for the following project for the 2008 funding year, and declaring an emergency. COUNCILMAN MANSON – Yes, I wasn’t here at last week’s work session to explain this. I think its pretty much self explanatory we have the engineer here tonight if anybody would like to have any questions for him on this. Otherwise, I think that we should get this moving ahead. COUNCILMAN BRYAN – Yeah, I have a question for the engineer then since he’s here. Just give me a general idea here of why we’re making this our 2008 is this going to be the only thing we apply for OPWC funding for 2008 or several things. ENGINEER DYLEWSKI – No, this is the only thing. This was part of if you recall earlier in the year we replaced a small section of this pipe down by the apartments on Jolynn Street right in that area. Well, as we investigated the pipe further it was found that this is a corrugated metal pipe. So in that one section was all rotted out most of the sections of the pipe almost all the way to Amherst is basically in the same condition. So that is the reason we’re going to seek funding to replace this line. COUNCILMAN BRYAN – This is a storm sewer pipe? ENGINEER DYLEWSKI – That’s correct 48 inch storm sewer pipe, yes. COUNCILMAN BRYAN – And normally we apply for OPWC funding for $100,000.00 type amounts what’s the application for how much money? ENGINEER DYLEWSKI – It still be finalized right now the preliminary estimate around $300,000.00 for the total construction costs. So depending on city dollars that would be available will you know determine what we ask for from OPWC. COUNCILMAN BRYAN – This runs from Amherst down to Jolynn? ENGINEER DYLEWSKI – Yeah, right around the corner it ties in basically just pass the apartment entrance there. COUNCILMAN BRYAN – Thank you. ENGINEER DYLEWSKI – Sure. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 102 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 103 – 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to grant a 20 to 30 foot wide easement to Aqua Ohio Water Company in the City of Massillon, and declaring an emergency. COUNCILMAN MANSON – Yes, this would have been discussed at last week’s meeting with all the council people. It’s a routine easement other than if there aren’t any questions that we can’t answer I intend to waive the rule. I personally have one question myself that I would like to ask the engineer and if anybody else that has anything to ask him. Usually, we see them request a specific footage why does this say 20 to 30 feet wide? Is there any reason why we aren’t asking for a 20 or 30 specifically or is part of it 20 and other parts of it are 30? Is that what I’m seeing here? ENGINEER DYLEWSKI – Yes, that’s correct. It goes from 20 to 30 feet. COUNCILMAN MANSON – Okay, that’s all after I looked closer I say that’s probably it. COUNCILMAN BRYAN – Is this replacing an old water main is that why they’re doing this? ENGINEER DYLEWSKI – Yes, that’s correct. COUNCILMAN BRYAN – Okay. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 103 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 104 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Enacting CHAPTER 771 JUNK DEALERS, OF PART SEVEN – BUSINESS REGULATION CODE OF THE CODIFED ORDINANCES OF THE CITY OF MASSILLON. COUNCILWOMAN FERRERO We did touch on this lightly at our work session on Monday at this time my intention is to give it first reading. ORDINANCE NO. 104 – 2007 WAS GIVEN FIRST READING ORDINANCE NO. 105 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Community Development Block Grant Program Fund, Home Program Fund, CDBG Fund, Waste Management Grant Fund, Law Enforcement Fund and the General Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Before we introduce Ordinance No. 105, through finance I’d like to ask all council members to delete section 3. We’re deleting section 3 because it’s listed already in section 1. COUNCIL PRESIDENT GAMBER Excuse me would you also then instruct them to re-number the rest of the sections? COUNCILWOMAN CATAZARO-PERRY Yes, then section 4 will become section 3, section 5 will become section 4, section 6 will become section 5, section 7 number 6. In section 1 we’re going to appropriate from the community development block grant fund a list of items and I’ll read them quickly $95,000.00 to Target Area Street Improvements, $60,000.00 to Main Street revitalization, $25,000.00 to demolitions, $20,000.00 to the Boys and Girls Club of Massillon, $10,885.00 to salaries, $10,000.00 to the Elderly Homemaker Program, $10,000.00 to the Western Stark Medical Clinic, $8,000.00 to Family Living Center, $8,000.00 to the Domestic Violence Shelter, $8,000.00 Lighthouse Visions Program, $8,000.00 housing counseling program, $6,000.00 Faith in Action Care Giver Program, $3,000.00 Massillon Literacy Commission, $3,000.00 Family Economic Success Program, $3,000.00 YWCA child care program, $1,510.00 PERS, $600.00 to hospital, eye, dental and life and $435.00 to Medicare. All these areas will receive these dollars from our Community Development Block Grant Program and I feel that this is a wonderful thing that the city can do for these programs. Section 2, will be to appropriate $100,000.00 from the home program fund and that is to an account entitled home housing program. Aane, I will bring you up here as soon as I’m finished going through all these sections. Section 3, we’ve deleted so section 3 became actually 4 became 3 which will be to appropriate from the waste management grant fund $55,000.00 to an account entitled recycling services and contracts and this is for the cost of recycling. Section 4 is to appropriate from the law enforcement trust fund $3,900.00 to supplies, materials and postage. This is to pay for half of our bulletproof vests which a grant will reimburse us. So we are going to pay $3,900.00 half of what the bulletproof vests cost for our swat team. Section 5, we’re going to appropriate from the general fund $3,230.00 to an account entitled services and contracts and this is for our firefighters exams, medical and drug screening, the psych evaluation, legal advertising and internet and cable fee. Then section 6, we’re going to declare this as an emergency and pass this, this evening. Aane, would you come up please, we did have a question at our work session about the home program fund $100,000.00 and you graciously sent out an email which was shared with everyone. Could you explain that to us where the $100,000.00 is going for the home housing program? COMMUNITY DEVELOPMENT DIRECTOR AABY – The city has entered in previously entered into an agreement with Stark County which is the participating jurisdiction with the U.S. Department of Housing Urban Development to receive federal funds from HUD under what’s called the home investment partnership program. Due to our participation in the consortion we get pass through dollars. We use those dollars for housing rehabilitation and home buyer’s assistance programs. Money is administered through Marilyn Frazier’s office where she provides full rehabs for low income homeowners to fully rehabilitate their homes and also to help low income home buyers with down payment assistance and the funds are used for all that. COUNCILWOMAN CATAZARO-PERRY Are there any other questions for Mr. Aane Aaby? Thank you. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 105 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 106 2007 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sell to the highest bidder, according to law, various vehicles and/or equipment, which is no longer needed for any municipal purpose, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 106 is just that we’re going to advertise and sell to the highest bidder. The list that we received from the safety service director which includes cars, trucks, snow plows, salt spreaders, leaf machines and a brush guard. We’ll be able to obtain some dollars from these. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 106 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY REPORT FOR AUGUST 2007. COPY FILE COUNCILWOMAN CATAZARO-PERRY I move that we accept the auditor’s report for August 2007, seconded by Councilman Bryan. Roll call vote of 9 yes to accept the auditor’s report for August 2007. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committees will meet next Monday the 10th starting at 5:45pm. I know Mr. McCune has people scheduled to appear. If you’d make sure you coordinate with Mr. Bryan to make certain when they’re going to appear etc, etc. Are there any other reports of committees, any resolutions or requests of council members? Nothing at all? 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR – TABLED FROM JULY 2, 2007 ORDINANCE NO. 173 – 2006 BY: ENVIRONMENTAL COMMITTEE AN ORDINANCE amending CHAPTER 925 “SEWERS GENERALLY” and CHAPTER 937 “WASTEWATER TREATMENT REVENUE FUND” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Sections 925.20 GENERAL DISCHARGE PROHIBITIONS, 925.51 ADMINISTRATIVE PENALTIES, 937.05 PAYMENT DATES; PENALTY CHARGE, 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTIRAL WASTES” and enacting new Sections 925.20 GENERAL DISCHARGE PROHIBITIONS , 925.51 ADMINISTRATIVE PENALTIES, 937.05 PAYMENT DATES; PENALTY CHARGE, 937.09 ANNUAL RATES FOR SEWER SERVICE and 937.10 ADDITIONAL SURCHARGE FOR INDUSTRIAL WASTES” of CHAPTER 925 and CHAPTER 937, and declaring an emergency. COUNCILMAN MANSON - At last Monday’s meeting I think Mrs. Ferrero gave a brief explanation on what the administration wants to do with this the wastewater treatment manager and the administration. I met with Mr. Ulrich about a week and a half ago and we discussed the status of this ongoing ordinance. He wishes to table this indefinitely there’s a lot of head way being made right now. The companies involved are working very hard on their own pre-treatment processes and trying to reduce what they are giving to us. As I said when this first started there would probably be some changes in the ordinance and already Mr. Ulrich is showing me some that he does intend to present in the final ordinance that he wants us to look at. Part of the reason for tabling it indefinitely and not just voting it down and taking it off as we are being the EPA is part of this and we don’t want to send a message to them that we are you know just taking this lightly or whatever. So I think we have the engineer here that’s been part of this process. Another part of this is there have been we’ve been pulling, talking with the companies involved and they have had some questions about how we had set our rates. Part of this process we feel here is to wrap this up as we want to do one last rate study and then the final proposal when its put together all the companies will be brought in and any suggestions or any questions they have answered before this does go does come before council for a vote. So for that reason I will be recommending that we table this indefinitely. Anybody have any questions they would like answered? COUNCILMAN BRYAN – Well, except for the explanation that you gave because I was going to ask for one Councilman Manson. I would have preferred that we just go ahead and vote no on this its been on the agenda up and down off the table since March or April I think. (December) Okay, since December and you know clearly there would appear that anything that we do or if council does eventually pass this not going to be what was originally proposed its going to be different. So I would think we could vote this down and then come back with a different ordinance that said what we were going to do. The other thing is as far as the rate study goes it seems to me that something we should have done last December if that’s you know if we had entered into the rate study then and taken the time and gone through all the steps and then proposed to council what was the proposal. Instead I think we rushed it and came up with something without enough deliberation, but I have you know given that maybe that would send a message to the EPA that we’re not taking it seriously I guess I can live with tabling it although I would have preferred to just vote it down and start over again. COUNCIL PRESIDENT GAMBER I would like to remind council that by tabling it indefinitely it will require majority vote to bring it off the table and back onto council’s agenda at some point. Are there any other comments or questions? Mr. Manson? COUNCILMAN MANSON – Yeah, I want to make it perfectly clear we are still moving on this in I think very productively. I think that this will help maybe make the final resolution hopefully go a little bit smoother. I can assure you the companies involved have been spending a lot of their dollars on trying to comply with what we are asking them. Another thing that’s still occurring right now is we are also looking at this thing with Shearers down there and everything. So this is probably the time that we should maybe take another look at our rates and I’m not talking about something that’s going to take a long time. The engineer thinks that we can get this done maybe in how long? (One month) One month, one month. So this will be I hope that we see the new legislation like late November or the first of December completed. COUNCILMAN MANSON moved to table Ordinance No. 173 – 2006 indefinitely, seconded by Councilwoman Ferrero. ORDINANCE NO. 173 – 2006 WAS TABLED INDEFINITELY BY A ROLL CALL VOTE OF 5 YES, 4 NO. BRYAN, CATAZARO-PERRY, PETERS AND TOWNSEND VOTED NO. 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 69 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Amending CHAPTER 351 “PARKING GENERALLY” of the Codified Ordinances of the City of Massillon, Ohio, and enacting a new Subsection 351.21 “FRONT YARD PARKING” and 351.22 “OFF-STREET PARKING IN RSIDENTIAL DISTRICTS OR ANY PARCELS USED FOR DWELLING PURPOSES” of the CHAPTER 351 ‘PARKING GENERALLY”. COUNCILWOMAN FERRERO Well, we have labored this ordinance for a very long time. COUNCILWOMAN FERRERO moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes, 1 no. McCune voted no. ORDINANCE NO. 69 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 6 YES, 3 NO. FERRERO, MANSON AND MCCUNE VOTED NO. ORDINANCE NO. 92 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement for the sale of the Genshaft Park land owned by the City and not needed for any municipal purpose in the City of Massillon, Stark County, Ohio, to Visconsi Land Company, Ltd, said purchase agreement to ultimately be assigned the Massillon Community Improvement Corporation (C), and declaring an emergency. COUNCILMAN MANG – At this time I would like for the Mayor to come to the microphone if he would please. Mr. Mayor, shortly before the council meeting I was asked a question of basically did the park board act on this? MAYOR CICCHINELLI – No. COUNCILMAN MANG – Okay, then I guess the follow up question is wouldn’t they is it I understand the land belongs to the city, okay, they are to maintain the facilities and the grounds and etc I guess the follow up question is why didn’t they say something? I realize that their man was here and from the very beginning and went through all the discussions with us and every discussion I was a part and I was just kind of I don’t know I guess it was an assumption of mine that the park board had a meeting and passed it. I’m not saying that we need them to say its okay to do that but I just thought it funny that was you know nothing happened then. MAYOR CICCHINELLI – It is a requirement only of city council to sell property. It’s just like another board or commission of the city, yes, this one’s a little more unique in that it was established many years ago but then re-established in ’95 when the income tax increase was passed. But the bottom line is that the elected officials of the city make the final decision on any actions such as these and I think that’s the way it should be. I know some of the board members knew what was going on but I don’t think there’s any formal I know there’s not any formal action needed by the board. COUNCILMAN MANG – I did receive a little bit of information also that the board had discussed the issue and etc and that was brought forth by Mr. Bryan who attended the meeting. But and I’m not trying to hold anything up the question was asked 5 minutes before we sit down here to start the meeting I didn’t have an answer I said other than city council is the final determination on whatever happens we are the elected body. MAYOR CICCHINELLI – You can ask Mr. Stergios, but I think I’m correct in that analysis he’s nodding his head. COUNCILMAN MANG – Okay, while we’ve got the Mayor up there anybody have any other questions regarding, Tim? COUNCILMAN BRYAN – Regarding this ordinance? (Yes, sir) Yeah, a number of people have written me letters, have come up to me I went to the football game Friday night and several people stopped me at the game and then stopped me at other places and objected to this action on the part of the city. I intend to vote for it I think you and I have discussed it and you know that I think it makes good sense to do it. But what I’d like you to do Mr. Mayor as the spokesman for the administration is make the case for the City of Massillon selling this land at this time to this developer and so we can have it on the record and people you know if they watch TV and watch this at all the dozen or so people that actually watch this you know can give us an explanation of why you think the city should sell the land the park to Visconsi and what the benefits are. MAYOR CICCHINELLI – We discussed this before and that was also at a council meeting and that’s why we wanted to broach this subject at a regular scheduled council meeting. But before I try to give an analysis based on the history of the city, history of development within this region and things change and when Genshaft Park was developed that part of our community as a lot different and what has happened since that time is development has taken place of both the Massillon Marketplace retail development as well as Nova Technology Park and all the businesses around that area all the industry around that area as well as further south. The whole south Massillon area has changed dramatically in those 24 years. Because of that and because of that change sometimes land use changes with it. We’ve and I stated publicly that we did not seek and we didn’t go out and market or solicit proposals or developers build on this property. They came to us and because of the amount of money that we’re talking about I think it makes a lot of business sense for us to relocate Genshaft Park to a better location provide we feel a better quality of fields again because its 24 years old for the softball players both high school age and adult age and it also helps if you look at what’s happened there its sort of a just another feather in our cap to be able to attract additional retail development in an all ready hot market in the county. So when the Visconsi group approached the city and talked about the numbers that they talked about I felt compelled that we had to evaluate it. I think what it also does is it also positions the Parks and Rec. Department really in a more solid financial position and I think that’s important long term for the benefit of all Massillon including the tax payers. So if you put all that together I think it makes a lot of sense to make this move. You’re going to have some folks that are going to object I think its only natural and that’s fine they’re certainly entitled to their opinion, but I think it makes a lot of business sense to proceed. COUNCILWOMAN CATAZARO-PERRY – Mr. Mayor, you know that I have had two concerns from the very beginning of this one is that we have received federal dollars for that park so that’s a concern. Mr. Stergios and I just like you to assure me again that Mr. Stergios did say that they would make sure that they look into that and make sure we’re not violating any kind of rules or anything after we approve this, this evening that’s one item. The second item is that Mr. Goldberg did address this evening my concern is what’s going in there and he did say within 30 days we would have an answer and I just would like to be assured of those two items. MAYOR CICCHINELLI – The I believe it’s the intentions of the law director to hire a private firm to work through that issue of the state money through the federal dollars that came to the city. Again, that’s 24 years ago a lot of things have changed and I would hope the federal and state governments understand a lot of things have changed. I think their main purpose of having that as a law is to make sure that recreational acres and properties are not taken away and not replaced. We’re replacing it so I think we’re going to make sure that everything is done to go through that exercise and that’s going to take us a while and we have not followed through on any on thing yet because of this ordinance wanting it to pass to make sure we had something to follow through on. The second question was oh, as far as the tenants is that what you’re talking about? I think the Visconsi Group has gone beyond a lot of developers will do and that you know fully well that they’re negotiating with one major anchor. He’s already stated that the jobs they’re talking about creating will be new jobs because the businesses that they are talking to are not in the Massillon Market as we speak. So I think that’s a very strong positive and to have be able to include council and the administration and the entire government in the process of knowing who this main anchor is within a short period of time I think is good. So I think you I think everyone in the final analysis will be happy. COUNCILMAN MCCUNE – Mr. Mayor, I’m sure you’ve received the same kind of concerning calls that I have about putting it in a residential area and so on and so forth. But the one thing that I keep hearing consistently is the concern about parking. I suppose I had a child that played football out there played baseball out there and there is a shortage of parking. So one thing that we want to make sure that we do when we make this move out there is that we have if anything an over abundance of parking and that is the consistent theme that I’m hearing from citizens is parking concerns. MAYOR CICCHINELLI – Well, the parking issue Mr. McCune its 40 acres we’re talking about so I think there’s sufficient parking there. I think you need to give us a chance to look at the community park comprehensively and come up with recommendations. Because as we speak there are other entities looking at Community Park to maybe locate their parks and recreational activities. This might be a perfect time to look at an overall plan to redevelop that entire or develop the entire 82 acres. That being said you mentioned as far as lighting the 40 acres that we are talking about sits right adjacent to State Route 241. It will not impact the Country View Estates that’s still pretty far north it will have a minor impact on adjoining rural areas of course. But not to the extent of I mean you put parks you put a park in that area there’s a lot of activity. I happen to think especially with the recent vandalism out there that if the park was a little bit more lighted it would be better overall and more used. It would be better long term to discourage that kind of negative activity. So all things being considered I do feel that it’s a win, win for all of us. COUNCILMAN MAIER – Yes, I have two things and I am in favor of this I think its good move for the city. Just wanted to make sure that we’re not going to do any construction and dismantle the present fields until the new ones are actually playable and I believe we heard last week that was the case. I just want to make sure that was still in place and the other thing is I just wanted to make sure that and I believe this is in place also they’re not asking for anything city help or any city funds or anything like that. I think you know that’s the way I understand this. MAYOR CICCHINELLI – Well, you know as far I’ll take the last question first as far as any incentives they’ll be no tax abatement but just to be upfront with council we did discuss a tax increment financing which is not an abatement they still pay taxes but there has to be side agreements with the city and the affected school districts and in this case the Massillon City Schools. We did just briefly discuss it, it wasn’t anything etched in stone we will be looking at that again I couldn’t report back to council other than they mentioned it as a possibility and the other two projects have worked out pretty well with the city and the affected school districts both Massillon Marketplace and Meadows. So they are going to look at that whether its usable there we need to continue to look at that. However, we can’t do it until we have an agreement and I think that’s something that we will do. Your first the first part Mr. Maier? COUNCILMAN MAIER – I just wanted to make sure that the new fields would be put in place and be playable before the other ones are dismantled. MAYOR CICCHINELLI – Yeah, we discussed that I think what I said that depending on how everything falls we will make sure that the citizens that utilize Genshaft Park for their parks and rec. will have a place to play one way or the other. I would like to say then I want to give some accolades to President Gamber; he emailed me concerning this very issue as far as you know there are a lot of our citizens that play there at Genshaft. One of the things that we’re going to do at his suggestion I thought was an excellent suggestion is that we’re going to have the fall leagues are going to be starting here shortly and so I have instructed Mr. Kaminski to come up with a sort of a summary and a small hand out that we’re going to give to all the players all the softball players that utilize Genshaft Park to try to head off any misconceptions, misunderstandings on what’s really going on to transpire. I know Mr. Kaminski is working on that at the present time that he will hand these out and the citizens that utilize Genshaft Park will know exactly what’s going to happen and I thought that was a good suggestion and I thought and I just think you should know that and we’re going to do that. That might answer a lot of questions that some of our citizens have. COUNCILWOMAN CATAZARO-PERRY – Mr. Mayor, you and I talked as well as the rest of the council members at our work session about this is not going to be a medical facility, not going to be a hospital and you said that you would write that in the purchase agreement has that happened? MAYOR CICCHINELLI – We don’t have it in there yet, but we can certainly Perry can you put that in? (Sure) COUNCILWOMAN CATAZARO-PERRY – Great, I appreciate that, thank you. MAYOR CICCHINELLI – It will not be a medical facility. COUNCILMAN MANG – You know I was sitting here thinking and this is not to throw any water on the fire that’s been going on as far as discussing, but you know we spent an awful lot of time on somebody that wants to give us $3 million dollars we don’t spend this much time when we spend $20 million. I think its great that everybody is you know wanting to make certain that everything is the way we want it to be. I think its important. Tim? COUNCILMAN BRYAN – I did want to say because Mr. Mang, bought it up earlier that I do attend the park board meetings and whereas whoever informed you before the meeting that they had not voted on it is absolutely correct. They did discuss it at length and I was there when they discussed it and I did not hear any park board member object to this whatsoever at least they didn’t say anything about it if they do object to it. Everyone on the park board members who did speak about it they had questions like we did you know will there be enough parking, should you know we got to get the lighting right, but not one of them said “no you know tell them to keep their $3.3 million dollars we don’t want it”. They all said “I think this will be a good thing” ones that spoke because in my memory I think there was one park board member didn’t say much, but the ones that spoke were all positive about what they said about it. Now why they did not schedule a vote on it because they knew about it their last meeting was after the Mayor’s announcement of the project. If they wanted to schedule a vote on it I think they could have, but they did discuss it and they were overall positive and I didn’t hear any negatives about it. COUNCILMAN MANG – Thank you, Tim. I would inform council I do know what’s going there as you recalled the Mayor did mention here that some of this money was going to go to a mom and pop stores downtown. Mang’s grocery store is going to be right there that’s going to be the center spot I worked a deal and I got this grant from the Mayor and I’m putting a little mom and pop grocery store there. All kidding a side people this is a very important piece of legislation and I think its very important that we go forward with this. I think in the long run I think some of the individuals that’s criticized etc and etc I think in the long run will be happy with this. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 92 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 7 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Adopting the decision of the Tax Incentive Review Committee made on August 8, 2007 wherein they recommended that those certain Enterprise Zone Agreements listed on the attached exhibit “A” be continued, and declaring an emergency. COUNCILMAN MANG – Second reading. RESOLUTION NO. 7 – 2007 WAS GIVEN SECOND READING. 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILWOMAN CATAZARO-PERRY – I move that we adjourn, seconded by all.
|
©Copyright 1998 - present City of Massillon.
All Rights Reserved
Designed and Maintained by Imaging
2000 Web Design