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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, September 15, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Auditor Jayne Ferrero and the Law Director Perry Stergios. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. We do have several guests with us this evening and I hope I say the name correctly Anthony Gorfido. Anthony, if you would stand up for a moment. Anthony is with Troup #916 he’s here tonight working on his citizenship in the community badge. So thank you very much for being here. Would you like to address us for about half an hour? That’s a no. We also have young Joey Sinay with us. He’s with Troup #933 he’s working on a communications badge. Welcome and thanks for being here with us. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Donnie Peters, Larry Slagle and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCIL PRESIDENT GAMBER Mr. Mang, do you have a motion? COUNCILMAN MANG – Yes, Mr. McCune called earlier this morning and he along with many of our citizens does not have power. He’s been kind of running back between his home and his mother’s home trying to keep everything going. So he will not be with us tonight for that reason. I move that he be excused, seconded by Councilwoman Catazaro-Perry. Roll call vote of 7 yes, 1 no to excuse Councilman McCune. Peters voted no. 2. INVOCATION COUNCILMAN TOWNSEND – Gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWSEND – Chairman of the Parks & Rec. 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. 115 – 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into an agreement with A J Diana Sons for the disposal of leaves, and declaring an emergency. COUNCILMAN HERSHER – It’s hard to believe it’s already time to discuss a piece of legislation related to leaf pick up. But this ordinance authorizes the Director of Public Service and Safety to enter into an agreement with A J Diana for leave disposal for our pick up program. The contract will be funded by grant money so if there’s any questions I’d be glad to get them answered for you. COUNCILMAN HERSHER moved for suspension 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. 115 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 116 – 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into the Settlement and Joint Prosecution Agreement with Kokosing Construction Company, Inc., regarding the construction and upgrade of the Wastewater Treatment Plant, and declaring an emergency. COUNCILMAN HERSHER – This is the third step in an issue we’ve been working through for a good part of the year. This allows us to enter into an agreement with Kokosing to settle their potential claims for different site conditions and work order changes and things like that from the upgrade to the Wastewater Treatment Plant. As we talked about at our work session as part of this agreement we used the loan that we authorized to be signed for in an earlier legislation to settle with Kokosing assign any potential claims against CTI to Kokosing. Then Kokosing will move forward from here with any litigation. Should there be any recovery or settlement with CTI above Kokosing’s attorney fees then that will be split 90% to them and 10% to us. If there’s any questions the law director is here we’ll get them answered for you. I know in the agreement there’s a deadline of September 30th so I would like to ask for suspension and passage this evening. COUNCILWOMAN CATAZARO-PERRY – Yes, Mr. Hersher, could we bring the auditor up just to answer the question that we had at the work session about repaying the loan. We talked at the work session Mrs. Ferrero about repaying this loan and possibly being able to put a little bit more on it. You said that you thought would be possible to get this loan paid down a little bit sooner. AUDITOR FERRERO – Especially out this particular fund they have the money in there that they will probably be able to do that. But they do have a plan and they have a payment plan that’s in the works and they are very well established to pay it off. COUNCILWOMAN CATAZARO-PERRY – Great. Thank you. COUNCIL PRESIDENT GAMBER Are there any other questions for the auditor? Thank you Mrs. Ferrero. COUNCILMAN HERSHER moved for suspension 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. 116 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 117 2008 BY: HEALTH, WELFARE & BLDG REGULATIONS Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign the Master Equipment Lease-Purchase Agreement with Tax-Exempt Leasing Corporation for the Early Warning Siren System located throughout the city, and declaring an emergency. COUNCILMAN SLAGLE We have not had the opportunity to review this particular piece of legislation it came in late on Friday. But the Mayor is here to discuss any questions we might have. This is the actual leasing of the equipment for that early warning siren system that we authorized the bids on back in either last meeting in June or first meeting in July frankly I don’t remember exactly which meeting. The American Signal is the equipment that we’re getting as can be seen the five year contract has been reviewed by Law Director Stergios. Obviously his approval has been given to it the Mayor further has been advised that the entire sum of the lease payments will be paid for by the Aultman Health Foundation. So it won’t be causing the city any economic dollars obviously. I think we would all agree that after the events of the weekend that the faster we get this up and operating the better off and the safer the citizens of Massillon will be. But should anyone have any questions of either the Mayor and/or the law director they’re both available. Councilwoman Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY – I do have a question about that the project is fully funded by a grant from Aultman Health Foundation. Is that going to be the $44,000.00 every year for the next five years? MAYOR CICCHINELLI – The Aultman Health Foundation has agreed to supply us with $50,000.00 a year. Just to refresh your memory the health foundation helped in the acquisition of the Cottrill property which is going to be a nature preserve on the city’s west side. This type of project the siren system fits basically with what they like to do. So in talking to Mr. Roth at Aultman Health they thought it was a good project and they have agreed to participate. COUNCILMAN SLAGLE Any questions of the law director regarding the actual terms of the lease? I think at the end of the term of the lease or at any time during it the city will actually end up owning the equipment. So it’s not like they can pull it out. COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 117 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 118 2008 BY: PUBLIC UTILITIES COMMITTEE Amending CHAPTER 741 “OILS WELLS” of the Codified Ordinances of the City of Massillon, Ohio, by repealing the chapter in its entirety, and declaring an emergency. COUNCILMAN MANG At the request of Dave give this the first reading. ORDINANCE NO. 118 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 119 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund, Community Development Block Grant Program Fund, Street Fund, Home Fund, Park & Rec. Fund, 16th Street/Intersection Improvement Fund, Waste Management Grant Fund, Muni Motor Vehicle License Plate Fund and the Economic Development Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, section 1 we’re going to be appropriating from the unappropriated balance of the general fund 1100 to a fund called its 1100.305 its police disability and pension fund $130,656.00 and to 1100.325 fire disability and pension $143,047.00 for a total of $273,703.00. These funds are for the second quarter for police and fire pension payments. Any questions on one? 2, is the community development block grant fund and we’re appropriating funds from the 2008 CDBG program budget for the following activities and I’ll just read the first three. $90,000.00 to target area street improvements, $50,000.00 downtown sidewalk replacement and $25,000.00 to demolitions and then the other ones are to go to various area organizations and agencies for a total of $231,000.00. Anybody have any questions on section 2? Section 3, is this is from the unappropriated balance of the street fund they’re appropriating $7,000.00 for gas and oil, $70,000.00 to street salary, $10,000.00 street comp time to be paid, $16,000.00 to street overtime and $30,000.00 to supplies and materials for a total of $133,000.00. Section 4, we’re appropriating from the home program fund a $100,000.00 the city receives HUD home funds through a consortium with Stark County and Alliance. The city uses these home funds to carry out housing rehabilitation and home ownership assistance programs. All home funds are provided to the program clients in the form of grants and deferred loan payments. The specific appropriation is needed to meet projected program expenditures through the end of the calendar year. Any questions on section 4? Section 5, is there’s four parts to this. The first part please appropriate $40,650.00 from the appropriated balance of the park fund to an account 1234.505.2392. This money was deposited from the Public Entity Risk Services of Ohio for the demolition of the chapel fire at the Heartland Behavioral Center. Any questions on that part? Next three parts please appropriate from the unappropriated balance of the park and rec. fund 1234 $18,000.00 to services and contracts, $10,000.00 to salary parks and $5,000.00 to supplies and materials. That’s $33,000.00 that’s the total of the last three parts of section 5. Section 6; please appropriate $25,000.00 from the unappropriated balance of the 1410 16th Street intersection improvement fund. This money is for the design of projects and you have a list of four different projects we’re going to be looking at for intersection designs. Route 241 and Lake on Wales Road, Route 241 and Hankins Road on Wales Road, Route 241 Erie and Tremont Avenue and State Route 172 at 27th Street East. Section 6, please appropriate from the unappropriated balance of the 1410 I’m sorry I jumped, okay section 7, this please appropriate from the unappropriated balance of the waste management grant fund to an account 1222.605.2392 services and contracts. This is $21,000.00 that we talked about earlier for the leaf disposal. Any questions on that? And section 8, we have $10,000.00 in the muni motor vehicle license plate fund for a storm sewer repair on Spring Haven Circle NE for approximately 200 feet of 24 inch storm sewer and $8,400.00 from 1206 muni motor vehicle license plate fund for filling an old canal bridge that has been located under Tremont SW near the intersection of 1st Street. I will be making a motion to waive the rule and if there’s any questions anybody has that we need to answer before I… COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 119 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 120 2008 BY: FINANCE COMMITTEE Making certain transfer in the 2008 appropriations from within the Park & Rec. Fund and the Street Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON Yes, we have in section 1 we’re transferring $15,000.00 from the supplies and materials fund $10,000.00 of it is going to go to services and contracts and $5,000.00 will go to supplies and materials. That’s a different account number that’s 1234.505. Then in section 2, we will be appropriating from the street fund from supplies and materials $13,550.00 to contracts and services $13,550.00. Any questions? COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 120 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 121 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with Public Entities Pool of Ohio (PEP) for the vehicle, property, general and public official liability, and law enforcement coverage for the City of Massillon, and declaring an emergency. COUNCILMAN MANSON This request comes from the safety service director and he wants to enter into contract with the Public Entities Pool of Ohio. That’s for vehicle, property, general and public official liability and law enforcement coverage and the City of Massillon health department. We have a total of $324,395.00 we also received a PEP loyalty credit of $25,244.00 that’s being deducted from that’s it’s a total of $315,000.00. Also that’s it, that’s it. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 121 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 19 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Adopting the decision of the Tax Incentive Review Committee made on August 26, 2008 wherein they recommended that those certain Enterprise Zone Agreements listed on the attached exhibit “A” be continued, and declaring an emergency. COUNCILMAN MANG As stated in the title on the 26th of August the Massillon Tax Incentive Review Committee met and received the city’s various enterprise zone projects. The tax incentive review committee consists of city, county and school district officials. The committee is required by state law to annually review each enterprise zone agreement to determine whether or not the companies involved have complied with the terms and conditions specifically with respect to project investments and on site employment. The committee also checks to see that the companies are not delinquent on any abated real or personal property tax. In the case of non compliance the committee can recommend to the city that the tax exemption granted under the enterprise zone agreement be modified or even terminated. However the city retains final authority regarding the ordinance of this agreement. This year’s list that was reviewed by the tax incentive review committee recommended all of them be continued except for the Meyer’s Control Power which is being terminated due to the company’s recent decision to relocate to North Canton. This is quite an involvement as you can see it involves the city, the county and the school districts to review all these tax abatements and many times people ask us about the tax abatements the 75, 50 the 100 and are these people complying or not complying. There is a committee that goes through and takes the and looks at each one of these and it goes back to this body to recommend or whatever whether they feel they should go forward. This year the recommendation is to go forward. This is not something that needs immediate passage but we do have to report this back to the state in an effort to clean up legislation I’m going to ask the rules be suspended and this piece of legislation be brought forth for its question of its passage. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Hersher. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 19 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $466.00 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilwoman Catazaro-Perry. Roll call of 8 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR AUGUST 2008 COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we will of course file all of those reports. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee reports next Monday is the fourth Monday of five so we will skip that and next committee meeting will be on the 29th. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS LAW DIRECTOR STERGIOS – Since Mr. McCune isn’t here some of you may know Thursday, September 25th at 7:00pm we’ve scheduled a meeting in council chambers over the for the residents around where T-Mobile wants to put the cell phone tower. Which is right off of Lincoln Way West behind Kraus’ Pizza 21st Street and Woodruff area. We’ve sent written notice to everybody within a 200 to 300 foot area the other day. But I thought and I think I gave copies to council, but if anybody wants to attend they’re certainly welcomed to. That’s all. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN TOWNSEND – I move that we adjourn, seconded by all.
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