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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 18, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Auditor Hamit, Law Director Stergios and Engineer Dylewski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MANSON For one moment I’d like to defer to Councilman Maier. COUNCILMAN MAIER Yes, prior to the invocation I would like to ask for a moment of silence because of for the family that had the tragic accident over the weekend and lost a son and they have two sons that are in the hospital yet. So if we could just have a moment of silence I would appreciate that. COUNCILMAN MANSON gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANSON Chairman of the Environmental 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. 140 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – Early this year Council, we approved the 2006 CDBG program where the city allocated block funding to a number of local agencies to assist in the operation of the various program and services. The 2006 CDBG grant has been approved by HUD and funding is now available for those programs in order to proceed I would like to request council’s authorization for the city to enter into contract agreements for the following agencies. I will list the agencies all members of council had an opportunity to see the agencies and what they intend to do with the money. Massillon Main Street - $50,000, St. James AME Zion Church Day Care Center - $20,000, Westark Family Services Inc., Elderly Homemaker Program - $10,000, Western Stark Medical Clinic - $10,000, Community Services Stark County Family Living Center - $8,000, Domestic Violence Project - $8,000, Lighthouse Visions Inc., Life Skills Education Program - $8,000, Greater Stark County Urban League Housing Counseling - $5,000, Massillon YWCA Child Care Center Program - $3,000, Massillon Commission to Advance Literacy - $3,000, Faith in Action of Western Stark County - $3,000 and the Tuscarawas Elks Lodge #632 – Entrance Ramp - $2,000. In order for these programs which I think are very worthwhile and council apparently felt the very same when we approved this I’m going to ask the rules to be suspended so that we can bring Ordinance No. 140 – 2006 forward for a vote. 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. 140 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 141 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON – Yes, this ordinance is on there I guess it was pointed out at our last committee session when we talked about this particular problem in finance. We had to have an ordinance to enter into contract. I know I don’t want to have a lot of discussion here I know our president discourages a lot of discussion at our regular council meetings. But if there are any serious questions or problems that anybody has bring them out and we’ll talk about them if we are uncomfortable we can talk about this at another committee session. Otherwise I would like to my intention is to wave the rule and bring this forward tonight. COUNCILMAN MANG – Paul, I understand the odor problem and I understand the need to take care of the odor problem. I also understand some of the areas of discussion we talked about in the way of this study. I also understand that CTI is also made themselves aware of other communities and the problems that they may have or had. I only hope that this study encompasses everything not only the things that we’ve talked about covering, but everything that is possible that could possibly be an odor problem. I know that at the end of this study there’s going to be a recommendation, there’s also going to be a tag, a cost tag put to this project. Since we just built a very large plant in the way of dollars I have some great concerns about what this cost will be. I have great concerns from the stand point of the residents paying more. I think our residents probably feel as I feel that this problem should have been taken care of during our last expansion. But it hasn’t and I can’t expect the people, the residents of that area to continue to have to put up with this odor. So I will support this, but I will be very careful in what the final outcome of this is and to what degree and money we spend only to the degree that I hope for all for all of us, everybody is convinced that things are being recommended will alleviate this smell to at least 99%. COUNCILWOMAN CATAZARO-PERRY Mr. Manson, I did notice in the scope of services that CTI said that they would have one meeting with the client to discuss the study. I was hoping that they would also come to council to explain what they have found and answer any questions that we may have. Do you think that’s going to be possible? COUNCILMAN MANSON – Well, like Mr. Mang said, whatever this study shows that we have to do it it’s going to cost something. Personally, I would not be in favor of moving forward until they made it perfectly clear what the plan was. I would be one of the first people to say I would like to have CTI back here along with the management of the sewage treatment plant and have a very thorough discussion of this. I can assure you I’d support you on that if and when that time comes. I’d just to say I know it’s not an easy thing I know that it’s this is a tough decision we’ve already spent a lot of money down there. This isn’t just a Massillon thing this is a regional thing or at least Western Stark County. So because of the developments place and stuff I think we have to start moving ahead. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were passed by a roll call vote of 9 yes. ORDINANCE NO. 141 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 142 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS We discussed this at our work session last Monday. The councilman in that ward is Councilman Maier he is looked into this he seen no problem. Councilman McCune has also looked into this not seeing any problem with this replatting was approved by the Planning Commission at the meeting on August 9th. It’s basically to take two lots and create a third residential lot. COUNCILMAN MAIER – Yes, Mr. Peters, I will be supporting this ordinance the owner of the property has discussed it with me and told me that it’s a family thing up there. I’ve been up there looked at it it’s not going to affect anything and I think we should pass this. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 142 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 143 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 143 has three sections to it. Section 1 is to appropriate from the unappropriated balance of the Community Development Block Grant Fund into all of these different accounts and I’ll try to read them quickly: $50,000.00 to Main Street Revitalization account, $20,000.00 to St. James Day Care Center, $10,000.00 to account entitled Elderly Homemaker Program, $10,000.00 to an account entitled Western Stark Medical Clinic, $8,000.00 to an account Family Living Center, $8,000.00 to an account Domestic Violence Shelter, $8,000.00 to an account Lighthouse Visions Program, $5,000.00 to Housing Counseling Program, $3,000.00 to an account Massillon Literacy Commission, $3,000.00 to an account entitled YWCA Tots Day Care, $3,000.00 to an account Faith in Action Caregiver Program and $2,000.00 to an account Entrance Ramp for Tuscarawas Elks Lodge. We recently approved the contract with this earlier this evening and this is just to appropriate the money. Section 2 is to appropriate from the unappropriated balance of the Solid Waste Fund for the year ending December 31, 2006. The total amount is $48,700.00 and we’d like to put $27,000.00 to an account entitled salary, $13,000.00 to gas and oil, $8,200.00 to PERS and $500.00 to solid waste overtime. These are to cover expenses through 2006. Section 3, we’d like to appropriate from the unappropriated balance of the Wastewater Treatment Fund. This is the $24,900.00 on the contract that we approved earlier this is to appropriate the money for the odor study by CTI. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 143 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 144 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY This Ordinance No. 144 is to do just that liability insurance for vehicle, property, general and public official liability and law enforcement coverage. Also included in this is the Massillon City Health Department. The total amount is $325,618.00 and we have been approved to pay quarterly. This is just $3,000.00 more than we paid last year for this insurance. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 144 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 145 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 145 is to appropriate which is to transfer from the 2006 appropriate from the General Fund from accumulated sick leave to $32,554.50 to disability and pension transfer. $25,006.06 to disability and pension transfer and $18,420.00 to law director salary. This is to meet the police and fire pensions and part of the law director’s salaries. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 145 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING 9. BILLS, ACCOUNTS AND CLAIMS 1. GAP OFFICE - $138.96 COUNCILWOMAN CATAZARO-PERRY I move we pay the bill, seconded by Councilman Peters. Roll call vote of 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY PERMIT REPORT FOR AUGUST 2006. COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee sessions will be held next Monday, September 25th at 5:45pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MAIER Yes, I would just like to commend the police department this evening. They had a four year old juvenile that was missing from 1:15pm to just minutes before city council started tonight. They worked diligently and found that juvenile the police department, the school district administrators, Stark Ambulance, the fire department, they were all working together as they should when something like this happens. I’d like to commend them publicly. COUNCIL PRESIDENT GAMBER So noted we’re glad everything came out well in that circumstance. COUNCILWOMAN CATAZARO-PERRY Yes, next Monday evening ward 3 is having their town hall meeting with the Mayor at Smith Elementary at 7:00. Donnie Peters will be there representing me as I will be on vacation. So if there’s any questions or concerns they can always call my home or cell phone and Donnie will be updating me while I’m on vacation on any concerns. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 119 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Earlier this evening we had the public hearing on Ordinance No. 119. This is in regards to the Sanders Annexation. It started out as an annexation to the city that was accepted earlier this year. Then we had to go through Perry Township Zoning to Massillon Zoning which is B-3 General Business. At the hearing there was no one in attendance. Council has given this now three readings and I recommend we that proceed with Ordinance No. 119 establishing the B-3 General Business. COUNCILMAN MCCUNE I agree that this is something that we should act on as quickly as possible. We passed this sometime ago and there was no one that spoke up against this in the public hearing. COUNCILMAN MANG moved for passage, seconded by Councilman McCune. ORDINANCE NO. 119 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 120 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Ordinance No. 120 also had a public hearing this evening. This is its third reading, first reading was August 21st, second reading was September 5th. Menard Inc. wishes to have approximately 800 feet by 310 foot deep portion of an Out Lot 581 rezoned from I-2 General Industrial to B-3 General Business. There’s approximately 45 acres of land located on the west side State Route 21 between U.S. 30 and Warmington Road SW. Menard’s intends to use this property to develop their business and other businesses. The area that they wish to have rezoned now is the front portion. We had a public hearing tonight there was no one in attendance. I recommend that we move forward with rezoning request to B-3 General Business. I’m sorry Mr. President, I wish to table this piece of legislation the individual from Menard Inc would like to be here at a council meeting to talk to this council before we proceed with zoning or proceed with voting. He’s asked me to table this until October 16th and this is requested by Mark Lee and he’s from the properties division of Menard Inc. COUNCILMAN MANG moved to table Ordinance No. 120 – 2006 until October 16, 2006, seconded by Councilman McCune. ORDINANCE NO. 120 – 2006 WAS TABLED UNTIL OCTOBER 16, 2006 ORDINANCE NO. 121 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Public hearing was held tonight on Ordinance No. 121 – 2006 at which time we had no one in attendance. But this ordinance deals with nonconforming structures in a statement that we have in a nonconforming use we state that should such structure be destroyed by any means to an extent of more than 60% of its replacement cost exclusive to the foundation it shall be reconstructed only in conformity with the provisions of the zoning ordinance. Which this means is if they if a business is located in a residential area and other 60% of it has been destroyed that business if they wish to locate at the existing site they will have to go through a zoning request. This is not the case for a residential property that would happen to be in an industrial zoning. If those individuals would wish to stay where they’re at they would be permitted without going asking for a zoning they would be permitted to stay in a nonconforming situation in an industrial area. That is the change. COUNCILMAN MANG moved for passage, seconded by Councilman Townsend. ORDINANCE NO. 121 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. . SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 136 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS At the request of Councilman McCune and his residents of ward 6 I’m going to give this a second reading tonight because there’s still some questions that he wants answered. We’ll discuss those at the work session on Monday. ORDINANCE NO. 136 – 2006 WAS GIVEN SECOND READING. ORDINANCE NO. 137 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS We’re going to give this second reading. ORDINANCE NO. 137 – 2006 WAS GIVEN SECOND READING. RESOLUTION NO. 16 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG Resolution No. 16 deals with HydroThrift Corporation. At the last meeting I asked for a first reading because on August 31 Mr. Aane Aaby sent a letter to T.K. Heston who is president of HydroThrift Corporation. I was hoping that if Mr. Heston would make an appearance here in an attempt to save his company from being removed, but to my knowledge he has not contacted anyone. So I’m going to recommend tonight that we agree with the Tax Incentive Review Committee and rescind the tax exemption to the HydroThrift Corporation. 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. RESOLUTION NO. 16 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILMAN BRYAN – I’d like to ask our law director a question concerning the proceedings with the cell phone tower on the west side. Perry, since the last time we met and discussed this has as I understand that they’ve applied for a building permit. Have you had any further contact with them or with the building department about this? LAW DIRECTOR STERGIOS – I met with Mr. Kraft from the building department last Wednesday, it would have been after the committee meeting. Wednesday he was in the office and showed me the application for building permit that they had made he intends to follow the normal procedure initially they did not submit set of plans the need for the building permit things of that nature. So he was going to tell them to submit everything as our rules require and then send it to the plan examiner to review the plans, but it seems like an exercise that they do not need to go through because I know the building permit will be denied because they can’t meet zoning requirements. So but it will probably be solid week, two weeks before that is actually done, but they’re entitled to go through the process if they wish to submit everything. So that’s where it stands right now. COUNCILMAN BRYAN – And they need to go through the process so then we can formally turn them down and then they can formally go to court and try to override our decision. LAW DIRECTOR STERGIOS – That’s my assumption and that was the last I heard of this was Wednesday when he told me all that. COUNCILMAN BRYAN – Okay. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANSON I move that we adjourn, seconded by all. _________________________ ______________________________ |
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