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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 2, 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, Donnie Peters, and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN – I move that we excuse Councilman McCune, seconded by Councilman Mang. Roll call vote of 8 yes to excuse Councilman McCune. 2. INVOCATION COUNCILMAN BRYAN gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN BRYAN Chairman of the Parks and Recreation 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 APRIL MITCHELL – I’m number the resolutions about wanting the home occupancy permit so that I can work out of my home. I discovered after I purchased the home that the home was not zoned commercial which I was misled totally or else I would never purchased the home. Once I moved in, in January I had extreme amount of plumbing problem I have all my receipts that has to do with just residential nothing no any additions extra plumbing for the salon at all because the last garage was actually set up for business that’s why I purchased the house. Here are the receipts for all the additions and it’s with Whisler and Horvath and they’d be able to let you know what they have done. I just want to work out of my home to take care of my children I don’t want a big business I’d like to just continue with the clientele that I have I’ve been doing it for 17 years. I don’t desire to have anyone else to work with me I have plenty of parking space for two or three clients, four clients a day. It never interferes with anyone on the street, never blocks anybody’s driveway. That’s pretty much basically all that I have to say. I’m just anxious to know what the problem would be with me working from home is. That’s basically all that I have to say. Thank you. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 146 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – The request here to amend the Community Development Block Grant budget through the Mayor’s office. The Mayor’s statement for the request he states that in order to increase the city’s ability to help improve and revitalize neighborhoods is proposing to hire a second code enforcement officer. The Mayor believes that an additional officer will provide increase staffing needed to inspect vacant structures and rental properties, handle nuisance complaints and improve housing conditions in lower income neighborhoods. To do this the Mayor is requesting that we amend the Community Development Block Grant budget for the fiscal year 2006. The budget presently shows in housing code enforcement it shows the amount of $45,000.00. The Mayor is proposing that we change that to $75,000.00. This additional money would allow him to hire a officer for the remainder nine months for the CDBG Program year. The Mayor is here this evening and if you have any questions regarding this I’m sure he’ll be happy to talk to you matter-of-fact Mr. Mayor how about if you come to the microphone and explain your program that you would like to see before us. MAYOR CICCHINELLI – I think you pretty well summed it up Mr. Mang. We felt that this would be an opportunity for us to find another individual that could help us in code enforcement. In the past, recent past we’ve operated with one code enforcement officer. But in the past history we’ve had to so we always felt that when the budget would allow that we would attempt to come back and ask for a second code enforcement officer. We feel that with the amount of work that is going on right now and working with the areas neighborhood associations so that the work load is going to increase and it really has increased. If there’s any new legislation that this body passes that’s the responsibility of the building department to enforce and we have another person that could help accomplish that. I know that Mr. Aaby when he explained it at the committee meeting that as all of you know additional bankruptcies in our area in fact Ohio was voted number one in the country in bankruptcies. When that occurs that has that could have a negative effect. So we want to make sure that we have the staff prepared to work with the owners of those properties to keep those properties up and for the owners to maintain those properties and work with the various homeowners associations that will accomplish the same thing. So its we’re just trying to be ahead of the curve here and try and get the necessary staff for the job. COUNCILMAN BRYAN Mr. Mayor, we go through the process every year and in May we pass a budget for the CDBG program and this was nowhere in the mix when we went through the process. At that time, as usually you know we’re given a detail of how much money we’re going to receive in CDBG funds and how much we’re going to have from the prior year etc, etc. So I’ve got two questions I guess, 1. Where is this extra money coming from and 2. Why is this all of a sudden part of the CDBG program and why wasn’t it competing for the money back in May with all the other projects? MAYOR CICCHINELLI – I’ll take the last question first. We felt this would be an opportunity to go ahead and to hire somebody else. When the budget’s prepared the first things we like to do is go back and look at the requests from the various organizations knowing fully well that we have a lot of programs that we fund out of CDBG. We didn’t know at the time what that final amount’s going to be. We had an estimate, but when we finally got the final number also I think with Mike Saracena’s travels we have found out within the last couple of months that there are more homes that could present a problem because of bankruptcy, because of vacancies than we realized back then. I mean one of the local newspapers publishes a lot of sheriff sales in the back of the classified sections of the paper. I go through those all the time and my building department goes through it to see how many are within the city limits of Massillon. We’re a little concerned that there’s additional ones within the city and that’s happened the last year, year and a half. The first question that you had was where’s the money coming from? We have received additional dollars from the Hampton Inn, additional payment above and beyond what they have paid in the past. That’s where the money is coming from. So this would be if council would not act, would not allow the Administration to hire this person then this money would just be programmed in part of next year. COUNCILWOMAN FERRERO Mr. Mayor, do you believe that the work load for Mr. Saracena is that he’s overloaded, that he’s not able to take care of that for the city any longer? MAYOR CICCHINELLI – It is increasing like I said we’re trying to get ahead of the game. Yes, if you look at most building department’s cities this size they have more than one code enforcement officer. It was always a question of budgets and making sure that the money was there to do these things. The time came and we felt this was an opportunity for us to present to council if you approve to this. But yes, his work load has increased and as you well know you have other issues before you that could increase overall in that department. If that ordinance is passed then that’s additional work load for that department and this person would also help pay for itself. It’s code enforcement, but it’s also important to remember that this preservation of our older neighborhoods continue to make them more stable. The more people we have working on that I think is good. COUNCILWOMAN FERRERO The $30,000.00 does that take care of the PERS and all the benefits and everything? MAYOR CICCHINELLI – No, that’s just salary is about $29,500.00 in checking with Aane because don’t forget they are not CDBG is not on a calendar budget that the dollars will be there to pay the benefits as we go. Because we’re only taking it to June… COUNCILWOMAN FERRERO All monies come out of CDBG? (Oh, yes) Nothing comes out of the city? MAYOR CICCHINELLI – No, nothing comes out of the city’s general fund. COUNCILMAN PETERS – Mr. Mayor, didn’t at one time we had two building code enforcement officers? MAYOR CICCHINELLI – Yes, and they were paid out of CDBG, but that’s been awhile. COUNCILMAN TOWNSEND – Yes, if council passes Ordinance No. 146 would this position be advertised because there was some mention that you had someone in mind for this position? MAYOR CICCHINELLI – I do have someone in mind we have received calls and we are accepting applications. COUNCILWOMAN CATAZARO-PERRY Mr. Mayor, this year you’re proposing to take the extra payment from the Hampton Inn to pay for this position. What is your plan for the future? MAYOR CICCHINELLI – It will be budgeted as needed. Hopefully, the Hampton continues to pay us the additional dollars and that will be reprogrammed revenue from our CDBG budget or in our CDBG budget. If not then we’ll just make sure that as long as we feel two individuals are doing the job that’s needed that we’ll continue to put two code enforcement officers in our budget. COUNCILWOMAN CATAZARO-PERRY I just want to make a comment I’m a little hesitant to approve this new position because next year we’re going to be facing raises. I’m worried about how we’re going to pay for those let alone an additional position. So I don’t know if you’re worried about that, but I’m a little worried about that. MAYOR CICCHINELLI – Well, yeah, we’re always worried about, but its not coming out of the salary accounts. This is a separate if you look at the budget it’s a separate code enforcement this is a separate item within our budget. Just like anything else you have a $695,000.00 budget you have different categories. Administration or administrative salaries that pays basically like Aane, Marilyn, Kitty those individuals within the housing department or the community development department. In this case, this is a separate classified or classified section of the ordinance the job isn’t classified, but it’s another service just like we have social services just like we have demolition. So it’s a separate part of the budget it won’t come out of the salary accounts which are administrative. but have to be accounted for. We are also facing and you need to know this potential change in cuts from HUD with these dollars. But you have to have the staff to do the work and we have been using one person for a long time and I think the time is now that we hire another individual to help out and that’s why we proposed this. COUNCILMAN MAIER – Yes, Mr. Mayor, two questions. Do you feel comfortable that the money situation is going to be okay going into next year and everything? MAYOR CICCHINELLI – Yes, because we will make sure that both positions are accounted for within the budget. COUNCILMAN MAIER – Do you feel that it’s something that we really should have at this point? MAYOR CICCHINELLI – Yes, because of the amount of work that is transpiring occurring within our neighborhoods and we want to stay on top of it. COUNCILMAN MANG – Members of council, my intention is to suspend the rules on this piece of legislation not unless I hear something at this point that would lead me to believe I should give it first reading. COUNCILWOMAN CATAZARO-PERRY Mr. Mang, I would prefer that we do give it a first reading and discuss it further at our work session next week if all council members would agree with that. I just would feel a little more comfortable talking about this a little bit more. COUNCILMAN MANG – Any members of council have any problem giving this first reading? COUNCILMAN PETERS – It’s not that I have a problem with just giving it first reading, but I think and I’m not sticking up for Mr. Saracena because as much trouble he gets me in, but he does need help. I think its something that we should do and I of course if the other members of council want to discuss it more at a work session, but I think the sooner the better that we get him some help the better off our neighborhoods will be. COUNCILMAN MANG – First reading. ORDINANCE NO. 146 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 147 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON – Yes, at last week’s committee session we had the safety service director here and he explained what is going here. Last year we contracted with another contractor and the cost was about $21,000.00 said the estimate was going to maybe double. They came up with this plan with A J Diana for $12,000.00 they’re going to use I believe some community service people to do some of the things in the past maybe we paid for as far as breaking up bags and stuff. So if anybody has any questions or not this is something the leaves are going to be coming down in the next week and a half or two weeks. So I think we need to move ahead on it. COUNCILWOMAN CATAZARO-PERRY Is the program going to be the same as last year where you can bag your leaves and then bring them to the disposal sites drop them off or are we going to be picking them up again. How is the program working this year? COUNCILMAN MANSON – I believe its going to be the same, but we have the Mayor so we’ll let him talk this if he would like to shed some light on this for us. I think the program is going to be basically the same only they’re going to be delivering them to Diana’s. Mr. Cicchinelli would you come up please? MAYOR CICCHINELLI – The program is basically the same as what it was last year. We’re contemplating maybe adding one or two sites, but it’s primarily the same program as it was last year. Excuse me, I said contemplating and … COUNCILMAN MANSON – I guess the only question I have is we will be transporting to Diana’s or they will be transported to Diana’s bagged? (Yes) And then the bags will be opened up and … MAYOR CICCHINELLI – Right, it’s all been worked out. COUNCIL PRESIDENT GAMBER Does that answer your question, Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY Mr. Mayor, so the residents can bag their leaves and put them on the edge of their yards like we did last year and then is there going to be a schedule for pick up? I had a resident last year that really wanted the leaf program to come back that we had previously. I told him I didn’t think was happening that we probably would go ahead and do the same we did last year. So I just wanted to clarify that for him. MAYOR CICCHINELLI – Same as last year, yes, they bagged them, put them on the curb they will be picked up and utilized through the Diana Company. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were passed by a roll call vote of 8 yes. ORDINANCE NO. 147 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 148 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS Yes, we discussed this at our work session last Monday. Mr. Townsend and I signed the legislation request there were only a few questions for our safety service director at that time. I think for the most part we think well we know we need this thing. If there aren’t any questions I’m going ask that we waive the rules tonight and put this up for a vote. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 148 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 149 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS Yes, Ordinance No. 149 is to receive bids to for street improvements to Veterans Boulevard, Augusta Drive and Cyprus Drive. I was a little apprehensive when this first came to me, but after we discussed this also at work session and with our city engineer and our safety service director and that ward Councilman Mr. Townsend. We pretty much decided that the roads they are in serious trouble being further damaged if we don’t make the repairs now which will end up costing us more money down the road. So if there aren’t any questions from any members of council I’m going to ask that we waive the rules and put this forward for a vote. COUNCILMAN BRYAN – My questions are about I guess for Keith Dylewski our city engineer because we were told this is going to cost around his estimate was $56,000.00. Keith could you please come to the microphone? What is your estimate on the project? (That’s what our estimate was $56,000.00) $56,000.00 and here’s my question I guess for Keith or for you Donnie, for the Mayor. This isn’t something we have done all the time I’ve been around for awhile and I don’t remember a project exactly like this one. What if we don’t get a bid that comes in at $56,000.00 or less? What if we get you know $100,000.00 bids what do we do then? ENGINEER DYLEWSKI – Well, if you’re that far over then you’ll have to re-bid it. Ohio Revised Code says you have to be 10%. COUNCILMAN BRYAN – Okay, so 10% over and then it has to be re-bid so that would be your estimate is $56,000.00 that would be around $61,000.00 - $62,000.00. How much time did it take you to design this project? ENGINEER DYLEWSKI – As for my office several field visits and myself so probably a couple of weeks I’d say. COUNCILWOMAN CATAZARO-PERRY I just really have a comment you know and I’ve not been around as long as Tim or some other members. But I am going to support this, this evening, but I really feel more comfortable in the future if we can have all of the streets done at the same time like we’ve done in the past since I’ve been on council. If there’s a street that needs to be done we are all asked to provide a list and these weren’t on that list. So I will support this, this evening because of the other damage that it can cause and create more cost, but I really feel more comfortable when we all have to supply the street list to have that done at that time. ENGINEER DYLEWSKI – These are, this is a separate project than normal street programs because that’s asphalt, this is concrete. So you have two separate contractors so you have to have two separate bids anyways. COUNCILWOMAN CATAZARO-PERRY I just would rather have known that these streets were you know needed to be repaired you know way back when we all had to supply the list. That’s all I mean I don’t disagree with you at all I just would like to have had these on the list at that time. COUNCILMAN BRYAN – I was just going to agree you know we kind of have a plan for the year which the Mayor initiates he gives us the list of all capital improvements for the year that he wants to get done and this is getting tacked on at the end and its October by the time it gets bid out its going to be November and maybe as an engineer you can comment on that. Can they pour concrete and is it more expensive to get concrete done in November than it is say May or June? They can pour in November no problem? (That’s right) COUNCIL PRESIDENT GAMBER Are there any other questions for the engineer? Thank you, Mr. Peters, the Mayor would like to come forward. COUNCILMAN PETERS Absolutely. MAYOR CICCHINELLI – Keep in mind as our street resurfacing program continues and this year was the same as it was in past years we actually add streets as we go. Once the bids come in if there are additional dollars or additional asphalt available and maybe in doing the estimate the contractor didn’t maybe they over estimated one part or decided well this street isn’t as bad so we don’t need as much asphalt. There’s always when you do as many streets as we do and this we’ve done the most that we’ve ever done okay? That even provided an opportunity to add a couple of streets so we did add a couple a streets with our asphalt program. That should make ward council members and all council members in general happy. This is a different project and this was already explained that this is a concrete program. They have deteriorated from the beginning of the year and if you’ve ever been down in that allotment you will see that they are deteriorating and they’re becoming dangerous. I know Councilman Townsend took it upon himself to go down and look at the streets after it was brought up and he has concurred that they’re really deteriorating and like I said because of the joints coming apart and where they’re coming apart its actually it could be potentially dangerous. So we want to address that as quickly as possible and when you deal with asphalt streets its totally different than when you deal with concrete streets. Most of our streets are asphalt, but we do have a couple of our newer allotments are concrete. As time goes on we can’t force a developer, but well I guess we could, we could pass legislation saying that they should be asphalt because if they aren’t put in properly then your going to have this problem, I’m not saying they weren’t put in properly, but that street is probably 10 – 11 years old and the other one is probably 1 or 2 years after that. So there was a lot of construction there is a lot of traffic, but they are coming apart at the joints and that’s awfully dangerous plus there are pads, complete pads that have cracked and with settling. If you go down there you’ll see what we’re talking about. So the sooner we can get to it the better and that was a good questions Mr. Bryan did ask as far as what if it goes into we have an early winter and we can’t do it. Well, I think we need to talk to the contractor after they’re bid out if the bids come in and they’re acceptable then we can work with that contractor to either do it now or wait till the spring as long as we can hold that cost. So we have to work with them, but you can do concrete work as he said in November. But you are at the mercy of the weather. But we need to address it as soon as possible. COUNCILMAN MANSON I visited the site twice last week and looked at it. My concern we had some discussion here last Monday with the safety service director and one of the things that came up was Cherry Road another concrete street. I think we should do every street in town that is bad you know if can and I don’t think we can do Cherry Road for about $50,000.00 I don’t believe. But the safety service director indicated that Cherry Road was right on the top of the list for next year. MAYOR CICCHINELLI – Cherry Road will be done in 2007. We and you’re absolutely 100% correct and its not going to cost $50,000.00 to do. COUNCILMAN MANSON I mean its worse than these streets, but its going to cost more money to take care of. MAYOR CICCHINELLI – And we did in our evaluation because when we look at our street program there’s sort of a scientific part of it. After we look at all the streets and the engineering department, street departments goes out and we get your participation and the list that you submit to us then there’s a way we look at it. Scientifically we go through it and we’ll see that well okay this may be can go another year or two and we did the same actually we did the same with concrete streets but because we don’t have a lot of them that we can get through that process faster. Certainly Cherry was at the top of the list and we’ve had many discussions with Keith internally trying to get that done because I know it’s a concern of all of you and we do hear that comment quite often but because of the size of that project we’re going to try to take other dollars from other sources whether it be municipal road dollars whether it be you know that’s what we try to do. We try to gather all the dollars we have available to do street resurfacing package them together and come up ways to get these streets done. But you can be guaranteed that Cherry Road will be at the top of the list. COUNCILMAN MAIER Yes, I also went out and looked the street out there and I agree it does need something done and my concern would be Cherry Road and I think you’ve adequately answered that. So I will be supporting this tonight. 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 8 yes. ORDINANCE NO. 149 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. COUNCILMAN BRYAN – I hope you’ll entertain a motion that I probably should have made at the beginning of our meeting. We have citizens waiting to hear what we’re going to with Resolution No. 20 and my motion if council will support it that we move Resolution No. 20 up to the next item in our agenda. COUNCIL PRESIDENT GAMBER Alright, we really don’t need a motion for that. However, I will leave that up to Mr. Mang since it’s coming out of his committee. Is that alright with you Mr. Mang if we move that forward? Any objection to moving item 20 forward? RESOLUTION NO. 20 2006 BY: COMMUNITY DEVELOPMENT COMMITTEE COUNCILMAN MANG – Clerk of Council received two appeals to the decision that was rendered by the Zoning Board of Appeals. She received one on September 20th and one on September 21st. The appeals all basically talk about Massillon Zoning Code of 1180.03© which states in part that no additions, alterations or remodeling of a dwelling shall be permitted in connection with any home occupation. 1180.03(k) which states the following types of home occupation shall be prohibited any business whose primary function is the rendering of service to customers or clients on the premise with the exception of educational services such as tutoring or music instructions. Those words are taken right out of our zoning code and most of you know at the time the city council passed this piece of legislation for home occupation there was considerable time, months actually that went into this piece of legislation and the intent was really to satisfy the need of so many of our people who because of their jobs or whatever have a need to bring their work home with them. We also know that the way it was presently stated that girl scouts type of business selling cookies would have been prohibited. We knew that there were other people who were doing some things in their home that were really not most people didn’t even know they were doing them because there were no additional traffic, there were no additional cars, there was nothing other than these people may obviously been making phone calls. So when the piece of legislation finally came before this body it became somewhat restrictive. Being restrictive their home occupation shall be prohibited any business that the primary function rendering a service to customers or clients on the premises. Then it got very specific with the exception of educational services such as tutoring or music instructions. I understand the plight of the lady who purchased this home, but I also understand we do have a zoning code. My recommendation tonight for this piece of legislation would be to vote yes on reversing their decision of the Massillon Zoning Board of Appeals and leaving our zoning code as it stands. Another words, we would not permit a salon to be in this home. Now there’s another alternative for the individual if councils sees fit to follow my recommendation and that would be to ask for a rezoning of this property. I do intent tonight to bring this to a conclusion and by that I mean I would be asking for suspension of the rules, but same time I will open this up for discussion. COUNCILWOMAN FERRERO – I would like to say to Ms. Mitchell that I certainly respect and admire what you do and you have a beautiful home. I have to support Mr. Mang in the decision because I believe that zoning board acted in error. But I would encourage you to go further and I would also tell you that I am sorry that I have to vote that way. COUNCILWOMAN CATAZARO-PERRY I too Ms. Mitchell, I am going to support Ron tonight and like Jayne I do encourage you to go further. I was at one time a single mom so I know it’s a struggle, but I think we need to follow in the right path to get there. COUNCIL PRESIDENT GAMBER I did consult with our law director this ordinance would require a two-thirds majority which is 6 members to vote to accept the ordinance and overturn the decision. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 20 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 7 YES, 1 NO. TOWNSEND VOTED NO. ORDINANCE NO. 150 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 150 has four sections to it. Section 1 is $53,102.80 to be appropriated from the TIF Service Payment fund into an account entitled School District TIF Payment. Section 2 is $45,000.00 to be appropriated from Community Development Block Grant Program fund into an account entitled demolition. Section 3 is $4,550.00 to be appropriated from the balance of Summer Concert fund into an account entitled summer concert series. Section 4 is to appropriate $2,100.00 from the General Fund into an account entitled fire salaries and that is to pay for the fire supervision for the fireworks at the football games. 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 8 yes. ORDINANCE NO. 150 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 151 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 151 is to appropriate $19,780.00 for the street sweeper lease that we previously approved in streets and highways this evening. I do have a question however for the auditor concerning the capital improvement list since this is coming out of the capital improvement fund. Just wanted to clarify exactly where we are going to be taking this from if he has an idea of that. AUDITOR HAMIT – To answer your question it’s going to be taken out of the unappropriated balance of the capital improvement fund. COUNCILWOMAN CATAZARO-PERRY We have a list and I think I’ve brought this up a couple weeks ago about the capital improvements that were proposed for 2006. I am as head of finance trying to keep a tally where we’re taking it from and what exactly is left. So I know we’re going to take it from the unappropriated balance, but would you say that we’re taking it from the dump truck and pick up truck that we haven’t purchased this year? AUDITOR HAMIT – As the safety service director stated at the meeting that you were absent he thought that may not forward with the dump truck and pick up truck. But if they don’t or if they do there is an uappropriated balance to support this. COUNCILMAN BRYAN – Yeah, at our work session I did ask Mr. Hamit for a report our auditor for a report on what lease payments we are committed to. Because this is going to be ongoing I guess for about five years we’re going to be paying this $19,780.00 and he gave me that report if I could put my hands on it, but from memory oh thank you Jayne. The leases that we’re currently making out of capital improvement fund the first one is for a fire truck we make a $51,242.00 yearly payment and that runs through 2009. We make a payment on two cruisers and two sedans a yearly payment of $30,011.00 for those four vehicles and that runs through 2008. Another two cruisers a yearly payment of $17,395.00 and that runs through 2008 according to our auditor. We’re also making a $58,612.00 yearly payment on a vector truck that comes out of the Wastewater Treatment Funds not the capital improvement fund. So this will add about almost about $20,000.00 and right now its just a little shy of $100,000.00 a year. So we’ll have to bill that in the next year budget about $120,000.00 will be committed to lease payments. So I thank the auditor for getting us that information. Thank you, Jayne, for loaning me your copy. 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 8 yes. ORDINANCE NO. 151 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 152 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 152 says just that in section one we are going to reduce the appropriations in the Legends Golf fund. $10,000.00 from an account entitled salaries and $5,000.00 from an account entitled services and contracts. 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 8 yes. ORDINANCE NO. 152 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 153 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY First reading. ORDINANCE NO. 153 – 2006 WAS GIVEN FIRST READING. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING 9. BILLS, ACCOUNTS AND CLAIMS 1. WES SOUND - $125.00 COUNCILWOMAN CATAZARO-PERRY I move we pay the bills, seconded by Councilman Peters. Roll call vote of 8 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). MAYOR SUBMITS MONTHLY PERMIT REPORT FOR SEPTEMBER 2006. COPY FILE COUNCILWOMAN CATAZARO-PERRY I move we accept the auditor’s report, seconded by Councilman Peters. Roll call vote of 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meeting will be next Monday, October 9th starting at 5:45pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MAIER Yes, I would like to make a couple of requests. I would like to request the law director be here for the committee meeting so we can talk about the EMS legislation that’s in my packet. Also I would like to request that the Clerk would send a letter inviting Stark a representative from Stark Ambulance, one from EMS on the west side and also a representative from the fire department to discuss that. COUNCIL PRESIDENT GAMBER Can make a suggestion that you give a rough draft to the Clerk of what you would like the letter to say and then she can type it up and send that out. Mr. Maier, if you like to arrange with Mr. Bryan as far as moving that up on the agenda to handle that first. COUNCILMAN MAIER Yes, I think we need to handle that first because that’s also my ward meeting that night. COUNCILMAN BRYAN – I have a question for the law director since he was being difficult I’m going to make him get up there. Perry, I haven’t heard anything about the lease with Michael Francis and have you? LAW DIRECTOR STERGIOS – The comments, we passed it, I forward it I believe the passed version to him via email. I’ve heard no comment or objection to it. So I have to let Mr. Sanderson know to call a meeting of the CIC so they can get their version of it approved and I think we’ll be okay. So I’m slowly following it forward I don’t anticipate a problem because I haven’t heard anything otherwise. COUNCILMAN BRYAN – So will you call Mr. Sanderson then and get that solved? (Yes, I can do that.) Thank you. COUNCILMAN PETERS Yes, I would just like to say or commend our Mayor and other members of council. As head of the streets and highways committee when you drive around the City of Massillon right now the streets are looking pretty darn good. I think we’ve all done a good job of getting them done and like the Mayor said earlier this was an exceptional year we did a lot of projects. But the streets in the City of Massillon are looking really good right now and I think we should commend him and the other members of council. COUNCIL PRESIDENT GAMBER Thank you, Mr. Peters, I’m sure kind words coming council towards the Administration are always appreciated. COUNCILMAN PETERS Probably a first. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS COUNCIL PRESIDENT GAMBER Mr. Peters, this is third reading you’ll either need to act on this or table it. ORDINANCE NO. 136 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS No, we’re going to act on this. I asked that we give it second reading because Councilman McCune who is the councilman in that ward where this light is he had some concerns and so did his residents and they were answered prior to the last work session. He explained that to us last Monday so we’re just going to put this forward for a vote tonight. COUNCILMAN PETERS moved to bring Ordinance No. 136 – 2006 forward for a vote, seconded by Councilman Townsend. ORDINANCE NO. 136 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 137 2006 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COUNCILMAN PETERS Yes, all the questions that all the members of council had last Monday for Mr. Aaby were answered. I think there were only one, so we’re going to put this forward for a vote tonight. COUNCILMAN PETERS moved to bring Ordinance No. 136 – 2006 forward for a vote, seconded by Councilman Townsend. ORDINANCE NO. 137 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. . SECOND READING ORDINANCES AND RESOLUTIONS – NOTHING. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILWOMAN FERRERO – Yes, as I coming up to the council chambers tonight I walked up the steps with a young man from Jackson High School. So as extra credit in his class he was able to come here this evening and observe city council and see how we work. So I thank this government teacher I think its great when they get involved with city government and see how it runs. We always welcome you to come back. Thanks for coming. COUNCIL PRESIDENT GAMBER Do you have any paperwork that needs to be signed? COUNCILWOMAN FERRERO – I signed it. COUNCIL PRESIDENT GAMBER Alright, very good. .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN BRYAN I move that we adjourn, seconded by all.
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