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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 15, 2007. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Bill Hamit, Law Director Perry Stergios, and Engineer Keith 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 MANG – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MANG – Chairman of the Community Development 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 COUNCIL PRESIDENT GAMBER This is the part of the agenda where citizens may speak on any topic that appears on our agenda. If anyone would like to do that I invite you forward to the microphone at this time. CARL OSER – For the agenda? COUNCIL PRESIDENT GAMBER For the agenda. In the interest of speeding up the meeting if you plan to speak later I’ll permit you to come forward right now, Mr. Oser. CARL OSER – 8201 Kellydale NW, Massillon. I was very concerned when I got notation in the paper the other day of the last Planning Commission meeting on September 12th. The vice chairman there Johnson brought up a situation where we had a re-plot in there it was approved previously to that and he re-brought this up which had no bearing on any of the discussions made there merely trying to combine two lots and they got into construction and so forth which had no bearing. Then the last comment from Haines there which is from the Building Department, Haines made the statement if anybody wants to read it here “that foundations or anything on the lot could not be used” which is an absolute untruth the way he stated it. I, of course going in we had a tape of this made on this or started to be well it was made but it mysteriously disappeared before I could get it. I think some of you here know that. So I think that’s why this was brought up more or less behind our back here to start stirring up controversy. Here’s Mr. Kraft’s letter… COUNCIL PRESIDENT GAMBER Mr. Oser, can you very briefly recap what it is exactly you’re talking about? CARL OSER – I’m saying it should never been brought up at the Planning Commission. COUNCIL PRESIDENT GAMBER Did you have an issue in front of the Planning Commission? CARL OSER – Previous to that a month later they bring this up without me knowing… COUNCIL PRESIDENT GAMBER Okay, that’s what I can you identify it in any way so we know what you’re talking about? CARL OSER – Yes, just lot #3540 and 41. The thing of it is well as near as I can tell as far as the engineering department wasn’t truthful about it. Nothing should have been said about foundations or anything it had no bearing on the re-plotting. I asked them I went to Marilyn Frazer there and the lady that works there and I asked them have this rebuffed at the next meeting. Things like this shouldn’t happen. COUNCIL PRESIDENT GAMBER Alright, any others words you had a request in to re-plat to combine two lots into one? (Yes) And when was that? CARL OSER – That was the previous meeting it was all approved. Then they bring this up to start causing a commotion again. COUNCIL PRESIDENT GAMBER Was this brought up to rescind the decision in some way? CARL OSER – No. COUNCIL PRESIDENT GAMBER Alright. CARL OSER – I mean you could read it both ways there. Then I got a letter from Mr. Kraft. COUNCIL PRESIDENT GAMBER Alright, are you turning these over to us? (Yes) Okay, alright. CARL OSER – That’s the reason I went to Mr. Kraft immediately because I didn’t think Jason there took over the building inspector’s job that he could make comments like that which weren’t true. Even that had no bearing on what was going on there and then we’re merely re-plotting to bring these other issues to stir up a commotion. I think is way out of order. COUNCIL PRESIDENT GAMBER I appreciate your comments and I’m sure those involved to need to will take notice of this and hopefully get to you. CARL OSER – If anybody has any questions on it I’d be glad to try to answer them I think you have it in black and white there what the situation was. COUNCIL PRESIDENT GAMBER Okay, now did you send two notes here, two letters somewhere? CARL OSER – A letter from Mr. Kraft more or less stating contradicting what Jason said; because Jason shouldn’t been asked nothing he should have said nothing and the other fellow from the Planning Commission should never have brought the issue up it was closed at the previous meeting it was approved to re-plat them lots. COUNCIL PRESIDENT GAMBER Okay, thank you very much Mr. Oser. Is there anyone else who would like to speak to council? And whatever the other document that Mr. Oser had if you can see that makes it way up here when we’re finished when you finished with it. Mr. Mang, you have that? Alright, we’ll move onto the introduction of ordinances and resolutions. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 118 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with Earthwalk Orthotics, Inc., to provide an economic development “inducement grant” to assist the company in relocating its operations in Massillon, and declaring an emergency. COUNCILMAN MANG At the work session Mr. Aane Aaby introduced the lady who is president of Earthwalks and she provided information to council really based on the fact that basically the business had initially started in her basement and she had gradually moved into Canton at a facility and now finds herself in a position where the facility is not quite large enough for her. She has proceeded to move to the City of Massillon and in the interim in the conversations that she has had with the Mayor he has had indicated he would be willing to provide her $7,000.00 in economic development money to assist the company in locating its business operation here. She’s indicated there’s 15 people did I get the impression that she said there was actually 17 or anyhow there’s 15 people and so the Mayor has asked council to approve the request to grant the $7,000.00. Matter-of-fact, Glenn had worked out at the work session that the amount of money that these 15 employees would pay to the city based on I’m not sure what it was $20,000.00 a year in income tax the first year the repay back would be $6,400.00. So it’s almost a wash to get the second, third and whatever a year. So I think it’s a worth while thing its something that the city has been doing and I’m very hopefully that something the city will continue to do. I myself would like to see us since we have this in front of us to talk about doing something with our present business people trying to help them. The Mayor has already stated that but I would like to see that start to happen too that possibly some of our business people that we have may want to expand a little bit may want to change directions or whatever I would hope that you know we don’t know who they are but I know the Mayor has said that his door’s open if or even council people knock on the door and say “hey, you know we could use some assistance”. I think it’s a fine time and it’s a good thing to do to not only to help bring people in but also to try to stabilize if they’re not stabilize and see if we can make them stronger. Anyhow if there’s no discussion on this it’s something that I’m going to ask for suspension of rules. 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. 118 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 119 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Indicting what services the City of Massillon, Ohio, will provide to the Prophecy Massillon Annexation, upon annexation, and declaring an emergency. COUNCILMAN MANG – This piece of legislation for all intent and purposes is pretty much (inaudible) in the fact that its something that we offer anyone who has applied to us or we’ve actually went out and sought annexation. We’re putting in writing actually what the city will provide so that there’s no misunderstanding by council or by the individuals coming into the city if its approved by the county; so its lists the services that will be provided. The Stark County Commissioners are going to have a public hearing that they’re going to hold at the Perry Township Hall on November 29th. Again, it’s a piece of legislation that I’m going to be asking for suspension of rules. 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. 119 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 120 2007 BY: HEALTH, WELFARE & BLD REGULATIONS COMMITTEE Amending CHAPTER 757 “TAXICABS” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 757.08 “REQUIRED HOURS OF OPERATION”, and declaring an emergency. COUNCILWOMAN FERRERO We did discuss Ordinance No. 120 at our work session and what we’re doing is we’re just repealing the current ordinance and making it so that the hours not be restricted and taxi cabs would be permitted to run all day or night on a 24 hour basis. COUNCIL PRESIDENT GAMBER Are there any questions? Mr. Peters? COUNCILWOMAN FERRERO I’m sorry I did want to call the law director forward. COUNCIL PRESIDENT GAMBER Alright. COUNCILWOMAN FERRERO Sorry. COUNCILMAN PETERS So am I up or him? COUNCIL PRESIDENT GAMBER - Well the chairman still has the floor I thought she was finished. (I apologize) My error, Mr. Law director. LAW DIRECTOR STERGIOS – I just like to point out I guess for the record you know the way the ordinance is currently worded does not restrict them from running at night. It says that from 7am to 7pm they shall have two cabs on call in the city or something. It doesn’t say they can’t have them at night, so all the criticism that was taken from one person who didn’t get a license he was allowed to run at night but no one has applied for license anyhow. So doesn’t hurt to repeal it, but it wasn’t what they said it said. That’s all. COUNCILMAN PETERS Mr. Stergios might as well come back up. I thought also in the work session we discussed about there was another part of that we were changing also another section because of the it was in somebody else’s name and it said they were the only ones permitted in the city. Did we change that or not? COUNCILWOMAN FERRERO That hasn’t been affected. LAW DIRECTOR STERGIOS – I think that was an old, old ordinance that had since been repealed. I went through all those old ones that everybody pulled and none of those they weren’t they had been repealed or rescinded over the years. So I don’t think that was in effect anymore. COUNCILWOMAN FERRERO moved to suspend the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 120 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 121 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 2101 Wastewater Treatment Fund, Economic Development Fund and the General Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Section 1, we’re going to appropriate from 2101 Wastewater Treatment Fund for a sewer rate study. This will be performed by U.R.S., they’re going to evaluate residential, commercial and industrial sanitary sewer customers. This by no means says we’re raising rates it just says that we’re going to be doing a study and we’ll be appropriating $16,000.00 for that study. Section 2, we’re going appropriate from the Economic Development Fund $7,000.00 for the Earthwalk Orthotics relocation that will assist them in relocating to Massillon. Section 3, we’re going to appropriate from the General Fund $2,280.00 to services and contracts for computer software which is a yearly maintenance, updates, backups as well as phone support and $1,300.00 for gas and oil for city vehicles. 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. 121 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 122 2007 BY: FINANCE COMMITTEE Repealing Section 3 of Ordinance No. 114 – 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY When this came in it was put in as an appropriation and it should have been put in as a transfer. So we’d like to repeal section 3 of Ordinance No. 114 – 2007 this evening. COUNCIL PRESIDENT GAMBER Can I get you to expand on that just a little bit for the record so we what it is we’re talking about? COUNCILWOMAN CATAZARO-PERRY This was for parking lot improvements we are going to be repealing those dollars and transferring those dollars instead within the department. They had the monies appropriate to pay for this but they just put it into the finance committee improperly. 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. 122 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 123 2007 BY: FINANCE COMMITTEE Authorizing the issuance of bonds in the amount of not to exceed $2,993,000 for the purpose of providing funds for acquiring land and interests in land and demolition relating thereto, for the purpose of urban redevelopment in connection with the Lincoln Center Phase III Project, and retiring notes previously issued for such purpose, authorizing a bond purchase agreement appropriate for the sale of the bonds, authorizing the purchase of a municipal bond insurance policy in connection therewith, and authorizing an official statement in connection with the sale of bonds, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Council, we did not have a chance to discuss this last Monday as I asked to hold it until they researched it a little bit further. The finance committee was contacted by the Council Clerk and we all signed off on it to go ahead and take the notes to bond. Fortunately, Bill Hamit is here this evening and he can I don’t know if you can come up Bill and approach the podium and answer any questions that council may have. We are going to be the past 6 years you stated tonight that we have paid interest on the notes and tonight we’re going to purchase bonds. Can you elaborate on that a little bit? AUDITOR HAMIT – Well, notes what you do every year is come towards the end of the year you pay off an interest rate which every you bought the previous year and roll them into another note as such and then you just pay that interest again the following year. We’ve done this for 6 years at this stage in the game all the property down in Lincoln Center Phase III has been transferred to other owners and all the monies have been paid the city. So at this time in that fund we have $423,000.00 that we can pay down on this note. Kim, in my office did all this work I wasn’t here all last week, but I’m not here to take her glory; she did all this work and created the official record and everything with this. So if there’s I explained it well enough if not we’ll get Kim up here to explain it better. COUNCILMAN BRYAN My only question is how many years do you think we’ll go to bond for it 20 or 15 or 30? AUDITOR HAMIT – I asked that and bond council will let us know what the best deal we can offer when it comes back for sale. We can’t exceed 30 years the way this ordinance is written, but 30 years is a I don’t think any of us will be around at that point. COUNCILMAN BRYAN It seems to me that 30 years more of a comment than a question would be too long for financing $2,500,000 but whatever. AUDITOR HAMIT – We’ll see what bond council comes back with. COUNCILWOMAN CATAZARO-PERRY We would like to thank Kim she did come to our work session last week so we do thank you Kim for coming and answering our, my questions because I wasn’t’ sure if we should present it or not. So thank you. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 123 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 14 2007 BY: ENVIRONMENTAL COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to send a letter of support to the NEFCO approving its request for a 201 Mini Update for the Massillon, Navarre Facilities Planning Areas, and declaring an emergency. COUNCILMAN MANSON Yes, we talked about this at last week’s committee meeting and we also had the engineer comment on it. You have a map on the last page of this that shows the area that’s highlighted the dark line is presently that’s the Massillon area and the smaller areas that are in hash marks that are not quite as definitively outlined that is the Prophecy proposed Prophecy Annexation which is to most of us we understand as the Fleming area and it would be involving Shearers. So this is just part of moving this project forward if there’s any questions we have the engineer here he can answer them or if not I intent to make a motion to waive the rules. COUNCILWOMAN FERRERO I like to ask Mr. Dylewski to come forward, please. Comments on this? ENGINEER DYLEWSKI – Yeah, just wanted to note that we’re not sending a letter of support to NEFCO; we’re requesting that they change their facility plan map. COUNCILWOMAN FERRERO And that means? COUNCILMAN MANSON They will be added to our… ENGINEER DYLEWSKI – Correct, as we discussed in the work session the proposed annexation the Fleming property is out of our wastewater facility planning area at the moment. So we have to modify that boundary. COUNCILMAN BRYAN Yeah, I two questions first, Keith, in light of what you just said about not sending a letter of support should this ordinance in your opinion be amended because it says “authorizing Director of Public Service and Safety to send a letter of support”. COUNCIL PRESIDENT GAMBER Mr. Bryan, I’d like to call the law director up in a moment for that question because that’s exactly what this ordinance requires us to do is send a letter of support. COUNCILMAN BRYAN So if that’s not what we’re doing maybe we should change the ordinance. COUNCIL PRESIDENT GAMBER Right, so your second question? COUNCILMAN BRYAN My second question in the map does that there’s two shapes that are in the proposed boundary changes area and I’m wondering is the larger shape is that the portion of the county farm that its proposed that we annex? ENGINEER DYLEWSKI – That’s correct. COUNCILMAN BRYAN So we are we also going to offer sewer services if this was all approved and everything so you know the way that its proposed then will we offer sewer services to the county farm area that the part that we’re proposing to annex also. ENGINEER DYLEWSKI – That’s correct. COUNCILMAN BRYAN And is that I mean from an engineering stand point does that present any challenges or problems to run a sewer down there? ENGINEER DYLEWSKI – The term property where Shearers Foods is proposing to go they’re going to be putting a pump station on that property which is if you look at the map its close to the county farm is where they’re going to propose to put their pump station. COUNCILMAN BRYAN So what does that mean? That pump station would also service the county farm? ENGINEER DYLEWSKI – So is it a possibility that could be tied in one, yes. COUNCILMAN BRYAN But it is going to have to necessitate a pump station to get it up to our level because we’re kind of higher than them right? ENGINEER DYLEWSKI – Right the topography slopes up. COUNCILMAN BRYAN Right, okay. COUNCIL PRESIDENT GAMBER Are you finished Mr. Bryan? (Yep) Alright, and we will have the law director up in a moment. Mrs. Ferrero? COUNCILWOMAN FERRERO So are you asking us to vote no on this ordinance? ENGINEER DYLEWSKI – Well, we’ll have to get Perry’s opinion on that, but the way the legislation was written it wasn’t about a letter of support it was about submitting to NEFCO to update our map. COUNCIL PRESIDENT GAMBER Are there any questions of an engineering nature while Mr. Dylewski is here? Alright, thank you. Mr. Stergios? I think you know my feeling if this is going to require rewriting I would rather have us do it during recess. LAW DIRECTOR STERGIOS – Well, I think I mean the legislation request and maybe something got mixed up says “prepare legislation to request a resolution to send a letter to NEFCO to request a mini update” which maybe we didn’t understand what Keith was requesting. I would say it needs completely rewritten. I don’t know do we need to do it tonight or just vote it down and put it on next meeting. Maybe it needs to be an ordinance lets give it first reading and then amend it. If we give it first reading then I can do an amended one and make sure Keith and I have it the way we want it and address it at the next meeting. COUNCILMAN MANSON First reading. RESOLUTION NO. 14 – 2007 WAS GIVEN FIRST READING. RESOLUTION NO. 15 2007 BY: FINANCE COMMITTEE A resolution accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor. COUNCILWOMAN CATAZARO-PERRY We are just doing what we do every year accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levy and we certify them back to our county auditor. They are all listed here we discussed this at the work session so if there’s any questions we can bring our auditor up since he’s back. 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. RESOLUTION NO. 15 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR SEPTEMBER 2007 COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as reports of committees we will be off next Monday, that’s the fourth Monday out of five. We will meet on the 29th and our Council Clerk has asked to take next week. So she will not be available but as usually she’ll check in now and then by email and I’ll come in and perform secretarial duties once or twice a day. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 108 – 2007 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE Vacating a portion of Taylor Street SW, and declaring an emergency. COUNCILMAN PETERS – Yes, we discuss this for the last time at our work session on Monday. I passed around photographs and maps and so forth of the proposed street vacation on Taylor Street. Nobody had a problem with it including myself it is in my ward also. So I’m going to put it forward for its vote tonight. COUNCILMAN PETERS moved for passage, seconded by Councilwoman Catazaro-Perry. ORDINANCE NO. 108 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA COUNCIL PRESIDENT GAMBER I would like to ask again that the second document from Mr. Oser makes it way here. 18. ADJOURNMENT COUNCILMAN MANG – I move that we adjourn, seconded by all.
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