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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, October 1, 2007. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Bill Hamit, Law Director Perry Stergios 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 COUNCILMAN MAIER – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MAIER – Chairman of the Police and Fire Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Mr. Mang, do you have a request? COUNCILMAN MANG – Yes, I would like to move Ordinance No. 99 and Ordinance No. 100 – 2007 as the first two items for introduction. COUNCIL PRESIDENT GAMBER Does anyone have an objection to moving those two items forward in the agenda? There are no objections Madame Clerk would you please read the title to Ordinance No. 99 – 2007. 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, we had a public hearing tonight and also had the opportunity all council people to express their thoughts regarding Ordinance No. 99. So Ordinance No. 99 is before us for what discussion that you may wish to do. COUNCIL PRESIDENT GAMBER Is there any comments or discussion? Mr. Manson? COUNCILMAN MANSON We had you know we had quite a bit of discussion here and it seems like the only sticking point was the six months. I could agree to you know a motion to amend the ordinance and vote on it without the six months or if you want to bring it forward with the six months I’ll be voting against it personally. But I think there was some good things in there and I think it gave the developers a couple different options to work with people. COUNCILMAN MANG No one else hasn’t any other comments. Tim? COUNCILMAN BRYAN I have a question, a procedural question at least does it takes seven votes I mean somewhere it was written or reported at one time that it would take seven votes to defeat the ordinance. Is that true or false? COUNCIL PRESIDENT GAMBER Let me answer that if I can. If the planning commission has acted on an application of some type and that recommendation comes to council it does takes seven votes. This is strictly a recommendation in policy change they were not reacting to anything presented to them by an individual or council. It takes a simply majority to either defeat it, amend it, change it or whatever you’d like to do to it. COUNCILMAN MANG Jayne? COUNCILWOMAN CATAZARO-PERRY Well, I did voice my opinion that I would like to see it be amended so if we would take out the frequency of the applications and omit that part of it I would be able to support it. But the way it reads now I will be voting against it. COUNCILMAN MCCUNE As we discussed in the work session last week the time frame of six months from a year to six months is the one sticking point that we’re all hung up on. I believe that and I agree Paul and Jayne that if we amend that portion out leave the year in place that we could go forward as this does hold some good tooling with in it. COUNCILMAN MANG Okay, we’re talking about under 1137.08 “Frequency of Application” subsection (a) application for change in a zoning district of any property record can be submitted only once in a twelve month period, is that what you’re asking? It presently says “in any six month period with the following exceptions” so if that would be the case we’d have to can only be submitted only once in a twelve month period with the following exceptions am I on the right page or the wrong page? COUNCIL PRESIDENT GAMBER Give me just a moment here I’d like to call the law director forward? Mr. Law Director, under item 1137.08 “Frequency of Applications” (Yes, sir) do you know that if the only change in that entire section is the word “twelve” to the word “six” does the rest of that remain the same as it has been? LAW DIRECTOR STERGIOS – Yes it does, what I would suggest and I’m scratching it on my cover sheet is that if everyone has the ordinance in front of them if we amend the title by deleting the last basically the last sentence and half where it says (a) (2) (f) put a period there and scratch out the rest of that sentence because we are not we’re not going to amend the next part which is six to twelve months. So if we change that in the title I guess we’ll copy this for the record so Mary Beth has it. Then in section 1, in the third line after “details of procedure” put a period there and delete the next part that says and 1137.08 “Frequency of Applications” all the way to 6 and then that leaves what is in place in place which is the 12 months. COUNCIL PRESIDENT GAMBER 1137.08 would remain unchanged? (correct) Alright. LAW DIRECTOR STERGIOS – I think or 1137.08(a) would remain the same as it is. COUNCILMAN BRYAN Could I ask the law director to do that one more time I was trying to keep with my pen here? COUNCIL PRESIDENT GAMBER Starting at the title the third line says “add a new subsection 1137.02(a) (2) (f) place a period delete the rest of that line. Under section 1 third line under “details of procedure” a period delete the rest of that sentence. COUNCILMAN BRYAN Okay, Mr. President? COUNCIL PRESIDENT GAMBER You still have the floor Mr. Bryan. COUNCILMAN BRYAN Give this back to the law director and comment then in the section 1 in the first line it still refers to “frequency of application” as being amended. COUNCIL PRESIDENT GAMBER We just deleted that. COUNCILMAN BRYAN It’s not deleted on the law director’s copy. COUNCIL PRESIDENT GAMBER Oh, I’m sorry okay, alright. LAW DIRECTOR STERGIOS – Oh, well, I was talking and deleting at the same time that also needs to go which would be in the first sentence of section 1 where it says “1137.08(a) “frequency of applications” that should also be deleted and are should be changed to is. That’s a little better sense. COUNCILMAN MCCUNE Something that Tony brought up although highly unlikely is the possibility and I would like maybe us to consider putting some language within this that would dictate that the meetings are held within the ward or at the council chambers so that no hanky panky could be pulled and a meeting be held in some God forsaken place to just to make it difficult for our citizens to get there. COUNCIL PRESIDENT GAMBER Alright, when we’re finished with discussion if anyone wants to follow up on that I would suggest a recess and take the time to formally write that out rather than do it on the fly. COUNCILWOMAN CATAZARO-PERRY Mr. Stergios, I just want to be clear because we stated something different then I just want to be clear that the entire 1137.08 is deleted? Is that correct? Because what we… LAW DIRECTOR STERGIOS – 1137.08 will remain exactly as it previously was. COUNCILWOMAN CATAZARO-PERRY Right, but what we said earlier to the audience was that it was 300 feet and this says 200 feet. So I don’t know if that’s changing but I just want to make sure that we cover that because we did state in the public hearing that it was 300 feet. LAW DIRECTOR STERGIOS – Well, the 300 feet that you’re referring to I believe is with regard to the petition and who should be contacted. In 08 where it talks about 200 feet that’s exceptions to the 12 month rule. They’re two different items 08 the only thing that was proposed to be changed in 08 was 12 months to 6 everything else is the same there as currently in effect. COUNCILWOMAN CATAZARO-PERRY They stated earlier its 300 feet. COUNCIL PRESIDENT GAMBER I’d like to expand on that what this is saying that is if there has been a change in the adjacent property the 12 month period can be waived if any of these are met. It’s a different matter entirely within the notification. This still remains 200 feet and its listing ways that the 12 months can be waived. COUNCILWOMAN CATAZARO-PERRY Okay. LAW DIRECTOR STERGIOS – And the notification is still 300 feet in the other part of the ordinance which is right that’s still the same. COUNCILWOMAN CATAZARO-PERRY It still is okay, that’s my issue is I want to make sure because we did state earlier that it is 300 feet. LAW DIRECTOR STERGIOS – Yeah, that’s consistent, that’s right. COUNCIL PRESIDENT GAMBER Is there any other questions? Mr. Mang, we’re back to you, sir? COUNCILMAN MANG – You have a motion on the floor, you have a second… COUNCIL PRESIDENT GAMBER We have no motion. COUNCILMAN MANG – Do you have a motion to do this? COUNCILWOMAN FERRERO – I move that we make amend Ordinance No. 99 – 2007, seconded by Councilman Manson. Roll call vote of 9 yes to amend Ordinance No. 99 – 2007. ORDINANCE NO. 99 – 2007 WAS AMENDED BY A ROLL CALL VOTE OF 9 YES. 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. 99 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 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 – This evening we had a public hearing on Ordinance No. 100 we had the individuals here from the owner explain their thoughts and what they wish to do. We also have one lady who still objects to the actually I guess the building of any thing across from her. Mr. Maier gave his thoughts and ideas. The only thing that I have is that we have been questioning other rezonings as to what is going in there name names, people, places and things. Now it’s up to this body what they wish to do but that has been our procedure the only time we didn’t do this we didn’t do that downtown. I asked that we talk about and this body seemed fit not to talk about that. So it’s the desire of the body how far they want to delve into what is going to be done there I don’t know we don’t know if a fast food is going to go in there if a fast food would go in there that may change some things the people maybe considered about I’m just asking the questions because there’s 9 people here that’s going to vote. COUNCILMAN MANG moved to bring Ordinance No. 100 – 2007 for a vote, seconded by Councilman McCune. ORDINANCE NO. 100 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO. MANG VOTED NO. ORDINANCE NO. 113 2007 BY: PUBLIC UTILITIES COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a contract with AT&T on all City government telephone lines for a period of three (3) years, and declaring an emergency. COUNCILMAN MCCUNE This is a pretty straight forward ordinance it’s requesting that we extend our current contract with Centrex thru AT&T for the next three years. It basically gives us the opportunity to get the best bang for our buck I’m going to be requesting that we waive the requirements for three separate readings and pass this as an emergency message tonight unless there’s questions or reasons otherwise. COUNCILMAN BRYAN Mr. McCune, do you know why it’s a three year contract? COUNCILMAN MCCUNE Mr. Mayor, would you like to come forward for us, please? MAYOR CICCHINELLI – I think a lot of companies are beginning to try to extend a year into two years into three years sort of try to tie us into maybe giving us a lower rate or similar rate but wanting to extend the period of time. I think that’s just maybe the way the business that part of the business world. COUNCILMAN BRYAN We had a company a vendor come in here six months or a year ago studied our phone line usage and made some recommendations. One of things they were pitching was running a new high speed internet line and doing our phones over the internet. I’m just wondering if there’s been any further thought given to going that direction. MAYOR CICCHINELLI – Not really. COUNCILMAN BRYAN Okay. MAYOR CICCHINELLI – In the future we might want to look at that, but this particular time really no. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 113 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 114 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Solid Waste Fund, Municipal Court Indigent Driver Alcohol Fund, Municipal Court Capital Improvement Fund, 1401 Income Tax Capital Improvement Fund, Home Health Fund and the Bond Retirement WWT Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Section 1 of Ordinance No. 114 says that they would appropriate from the Solid Waste Fund the unappropriated balance $40,000.00 to the account entitled salaries, this is to pay for salaries in this department and $15,000.00 for overtime. Section 2 is to appropriate from the unappropriate balance of the Municipal Court Indigent Driver Alcohol Fund $55,000.00, $25,000.00 will go to provide alcohol and drug services at the Wilson Hall Residential Project and $30,000.00 will go towards Quest services counselors for the indigent defendants. Section 3, we’d like to appropriate from the unappropriated balance of Municipal Court Capital Improvement Fund $15,000.00 and this is for the parking lot improvement in Duncan Plaza and landscaping. Section 4, we’d like to appropriate from the unappropriated balance of 1401 Income Tax Capital Improvement Fund $9,324.00 to Valerie Avenue NE and that’s a 60 foot storm sewer that needs repaired and $2,000.00 to Springhaven Circle NE and this is a roadway repair on Springhaven. Section 5, we’d like to appropriate from the Home Health Fund $7,000.00 to Home Health Supplies and this is for a new copy machine and $3,000.00 to an account entitled Home Health Services and Contracts and this is for services and contracts for the rest of the year. Section 6, we’d like to appropriate from the unappropriate balance of the Bond Retirement WWT Fund $1,500.00 and this is for fees for the property taxes collected. If there are any questions I can see if we can get those answered for 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. 114 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 115 2007 BY: FINANCE COMMITTEE Reducing the appropriation in the Golf Course Fund, of the City of Massillon, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 115 would like us to reduce the appropriation in the Golf Course Fund. Section 1 states all of the items it will be $50,000.00 from an account supplies/materials and postage, $46,000.00 services and contracts, $45,000.00 salaries Legends, $10,387.65 PERS, $2,722.07 workers comp, $1,934.88 hospital, dental and eye, $1,500.00 sales taxes, $1,157.81 gas and oil, $797.59 Medicare and $500.00 travel and seminar. 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. 115 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 116 2007 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into the Planned Service Agreement with Johnson Controls for the maintenance of heating and air conditioning for the Wastewater Treatment Plant, City Hall and Fire Stations 1, 2, 3 and 4, Municipal Annex Building and the City Garage, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 116 in section 1 we’re just authorizing to enter into a Planned Services Agreement with Johnson Controls again, its just for the maintenance of heating and air conditioning for the Wastewater Treatment Plant, City Hall, Fire Stations 1, 2, 3 and 4, Municipal Annex Building and the City Garage. This is a one year continuation on the current ten year contract. Payment will be 75% from Wastewater Treatment and 25% City Hall Services and Contracts. A total of $64,437.00 it’s an increase of $1,529.00 from the last annual amount. 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. 116 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 117 2007 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. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 117 in section 1 it just says that we determine that its necessary to enter into contract with PEP for vehicle, property, general and public official liability and law enforcement coverage and section 2, we are authorizing the contract. 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. 117 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 13 2007 BY: PUBLIC UTILITIES COMMITTEE A resolution authorizing all actions necessary to effect a governmental natural gas aggregation program with opt-in provisions pursuant to Article 18.04, Ohio Constitution and authorizing and directing the Director of Public Service and Safety to enter into an agreement with Independent Energy Consultants, Inc, for consulting services and any other required services related to natural gas aggregation. COUNCILMAN MCCUNE Yes, before we go any further I’d like to ask that the law director come forward please? Mr. Stergios, we in anticipation of trying to move forward quickly when we heard our first presentation we passed a well, we had a first reading for Resolution No. 12 in regarding to this gas aggregation plan. As I intend to request that Resolution No. 13 be passed as an emergency measure this evening I was wondering should we vote No. 12 down prior to moving forward with 13 or how we should go forward from here? LAW DIRECTOR STERGIOS – I guess the order doesn’t matter if you, you can’t pass both of them. So if 13 passes you have to bring 12 forward and vote it down. So I thought Mr. Peters would want to table it indefinitely. So the order really doesn’t matter, but you can’t have them both. COUNCILMAN MCCUNE Resolution No. 13 deals with the gas opt-in gas aggregation plan for the citizens of Massillon. It’s an opportunity hopefully to provide our citizens a chance to pay a little less for their gas over the winter as the it won’t be an exorbant amount of money but every penny counts in these days and times. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson. COUNCILMAN MANG – What happened to Buckeye? COUNCILMAN MCCUNE Their price just didn’t quite meet you saw both presentations Ron, this was significantly less. COUNCILMAN MANG – But there was no prices? COUNCILMAN MCCUNE Yeah, they showed us in the presentation Buckeye was around $10.00, $9. and change and we showed about 6 with this one at their presentation Monday night. COUNCILMAN MANG – But you understand and I don’t care but no one can give a price… COUNCILMAN MCCUNE They gave us what the price was at that time. COUNCILMAN MANG – Yeah, but the price what I’m saying the price will be at the minute that we lock it in and that phone call will be made between whomever and the safety service director in a period of time. But there is no pricing now. COUNCILMAN MCCUNE No, but at the presentations they showed us what the price was at that day and they made it clear that that was fluctuating. But at that time what we have before us was the better bang for the buck. COUNCILMAN MANG – Well, there’s no value to that. There’s no value, there’s no one they can tell you the price of gas today is $.10… COUNCILMAN MCCUNE Based upon the two presentations that we saw it’s my recommendation… COUNCILMAN MANG – Okay, then do it on the presentation not upon the price of gas. I will argue with you over the price of gas because no one can give us the price of gas other than what the price of gas is right now. What you have to understand is that with the price of gas is right now doesn’t mean that someone will lock that in for you. COUNCILMAN MCCUNE It’s just like at the gas pump every day, Ron. COUNCILMAN MANG – Yeah, but I want to remove the fact that one gave you $.10 and someone gave you $.11 (based upon the presentation) you are basing it on the presentation. Thank you. COUNCILWOMAN CATAZARO-PERRY I did have a question. If someone is already locked in with another company what happens when we pass this. COUNCILMAN MCCUNE If it depends on how on you got in there may be a penalty to pay to opt-out which I don’t know that each individual has made the decision upon their self. I requested that there be no penalty to opt-out of this and there’s a couple extra cents charged by having it that way. But I felt that it was best that we not have a penalty involved in the opt-in program in case something would happen during the course of the winter where there’s a better deal somewhere else. COUNCILWOMAN CATAZARO-PERRY But this company never said that they would pay any penalties though correct? COUNCILMAN MCCUNE There was a it could have gone either way I requested that it be without penalty. COUNCILWOMAN CATAZARO-PERRY No, I mean to change to theirs would they pay the penalty to the other company do you know? COUNCILMAN MCCUNE Oh no, there was no question no one asked that question. COUNCILWOMAN CATAZARO-PERRY Okay, thank you. COUNCIL PRESIDENT GAMBER Mr. Bryan, Mr. Manson, you two are on this committee had you signed off on this request. COUNCILMAN BRYAN Yes, sir. COUNCILMAN MANSON I believe we did last week I’d have to have the paper right in front of me but I believe we signed off on this. COUNCILMAN BRYAN I am on the committee discussed this with Mr. Manson and Mr. McCune and we did feel that on the strength of the presentation and on the historical data as far as what their pricing of aggregate programs that this organization that Ron compared to others that this was the stronger presentation. I remember signing the legislation request. COUNCILMAN MANSON I would like to comment, yeah, it is the presentation Mr. Mang, is exactly right when they go out to bid that can change I mean the other company may even end up slightly lower there’s no guarantees. COUNCILMAN MCCUNE moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 13 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A NEW LIQUOR LICENSE FOR COLUCCIS LLC 716 LINCOLN WAY E MASSILLON OHIO 44646 COUNCIL PRESIDENT GAMBER That’s right on the border isn’t it, Mr. Maier, Mr. Mang which ever one. Mr. Mang, okay you have a copy of that (Yes, sir I do) 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT - $1,738.48 COUNCIL PRESIDENT GAMBER Councilwoman Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY I move that we pay the bill, seconded by Councilman Peters. Roll call vote of 9 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR SEPTEMBER 2007. COPY FILE COUNCIL PRESIDENT GAMBER Alright, we need a motion to accept the auditor’s report. COUNCILWOMAN CATAZARO-PERRY I move that we accept the auditor’s report for September 2007, seconded by Councilman Bryan. Roll call vote of 9 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Next Committee meeting will be Monday, October 8th starting at 5:45pm. COUNCILWOMAN FERRERO I think that Monday is Columbus Day that’s what they recognize as Columbus Day will we be meeting.? COUNCIL PRESIDENT GAMBER We generally do, yes. COUNCILWOMAN FERRERO We do, city hall’s closed. COUNCIL PRESIDENT GAMBER We will be here unless you all Mrs. Ferrero we will be here. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS – HAVE BEEN HANDLED ALREADY. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 108 2007 BY: STREET, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE Vacating a portion of Taylor Street SW, and declaring an emergency. COUNCILMAN PETERS Yes, although I have looked into this and have answers for everyone and want to move forward I didn’t have a chance to speak to all the council members so second reading we’ll discuss it at the work session. ORDINANCE NO. 108 – 2007 WAS GIVEN SECOND READING. RESOLUTION NO. 11 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE A resolution reversing the decision of the Massillon Zoning Board of Appeals made on August 9, 2007 wherein the Zoning Board of Appeals denied a request for a home occupation permit in an R-3 single family zoned district of the Massillon Zoning Code for the operation of a landscaping company out of the residence at 1345 Burd Avenue NE, in the City of Massillon, Ohio. COUNCILMAN MANG Have some of the members of council had an opportunity to take a look at this piece of property? This was turned down by the Zoning Board of Appeals back on August 9th and this is our second reading and if you’ve had an opportunity to drive by you will find that in my opinion it is a very full commercial operation and I don’t believe we’re looking to put that in a residential area. I gave it a first reading and a second reading because I wanted to make sure that we’re all on the same page. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. COUNCILMAN PETERS I’ve got a question? COUNCIL PRESIDENT GAMBER Alright. we have a motion and a second we’ll start with Mr. Peters. COUNCILMAN PETERS Give me the thing, a yes vote we’re turning this down, a vote. COUNCILMAN BRYAN First we’ve got to get through suspension. COUNCILMAN PETERS Yeah, but I want to know before I vote. COUNCIL PRESIDENT GAMBER Mr. Mang, would you please explain… COUNCILMAN MANG A yes will deny (okay) the request. COUNCIL PRESIDENT GAMBER Mr. Mang, why don’t we call the law director forward? COUNCILMAN MANG Mr. law director? LAW DIRECTOR STERGIOS – Mr. Mang, this ordinance is written to reverse the decision of the Board of Zoning Appeals and they determined to deny the request. So if you want a yes reverses the decision and grants the home occupation permit. A no vote upholds the decision denying the permit. I think I stated that correctly. COUNCIL PRESIDENT GAMBER Mr. Bryan? COUNCILMAN BRYAN Just for clarity sake we need a yes vote for the suspension of the rules before we ever get to voting on it. (that’s correct) So the committee’s recommending a yes vote for suspension and a no vote on the ordinance or resolution. COUNCIL PRESIDENT GAMBER Is that correct, Mr. Mang? COUNCILMAN MANG That is correct. Is that correct, Mr. law director? LAW DIRECTOR STERGIOS – That is correct. COUNCIL PRESIDENT GAMBER Alright, is there any other comment or question on the suspension aspect of this vote? Roll call please. The rules were suspended by a roll call vote of 9 yes. COUNCIL PRESIDENT GAMBER Roll call vote on the passage, Mr. Mang, you’re recommendation is? COUNCILMAN MANG My recommendation is we vote no. RESOLUTION NO. 11 – 2007 WAS DEFEATED BY A ROLL CALL VOTE OF 9 NO. RESOLUTION NO. 12 2007 BY: PUBLIC UTILITIES COMMITTEE A resolution authorizing all actions necessary to effect a governmental natural gas aggregation program with opt-in provisions pursuant to Article 18.04, Ohio Constitution and authorizing and directing the Director of Public Service and Safety to enter into an agreement with Buckeye Energy Brokers, Inc, for consulting services and any other required services related to natural gas aggregation. COUNCILMAN MCCUNE As I spoke just a few minutes ago this was our first presentation we gave it a first reading in an effort to be prepared in case the second presentation wasn’t didn’t come forth with what we were hoping for since we just passed Resolution No. 13 my recommendation per the law director that fail this. COUNCIL PRESIDENT GAMBER You’re recommending a no vote? COUNCILMAN MCCUNE Yes, I am. COUNCIL PRESIDENT GAMBER Are there any questions or comments? Mr. Bryan? COUNCILMAN BRYAN Yeah, I just want to say that I will follow that recommendation but its no reflection on Buckeye Energy Brokers I think they’re a fine operation, do a fine job we just like the presentation of the other company better. COUNCILMAN MCCUNE moved for suspension of the rules and a no vote for the resolution, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 12 – 2007 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO, 1 YES. PETERS VOTED YES. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILMAN MAIER – I’d just like to make a comment a couple students here from Central Catholic High School for government class I would like to welcome tonight. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MAIER – I move that we adjourn, seconded by all.
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