MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, OCTOBER 20, 2008

COUNCIL PRESIDENT GAMBER I d like to welcome all of you to Massillon City Council for Monday, October 20, 2008. We have in attendance with us this evening: Mayor Frank Cicchinelli, Auditor Jayne Ferrero and the Law Director Perry Stergios. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down.

1. ROLL CALL

Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Dave Hersher, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILMAN HERSHER – Gave the invocation for the evening.

3. PLEDGE OF ALLEGIANCE

COUNCILMAN HERSHER – Chairman of the Environmental Committee led those in attendance in the Pledge of Allegiance.

4. READING OF THE JOURNAL

COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written.

5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA

MYRA LOWERY – I live at 24 Fan Ct NW. I would like to address this Resolution No. 21. First I would like to acknowledge the Mayor and other officials. I have some papers I’d like to pass out.

COUNCIL PRESIDENT GAMBER Is it indicated on there somewhere Mrs. Lowery what it is you’re passing out?

MYRA LOWERY – These are the records of this problem that we’ve been having with Mr. Oser. It dates back to February 23, 2005 and the first letter is to Mr. Dylan Palmer who is the owner of these properties in our neighborhood. It’s from Mr. Kraft’s office and if you can read letter it tells Mr. Palmer that the parcels are not zoned properly for the use you desire. It is presently zoned B-1 and would have to be zoned light industrial 1. This is the issue Mr. Kraft claims that our neighborhood was rezoned back in the 1970’s. The master plan I tried to find it in the library but there’s no record that council adopted this plan. Be that as it may we are a neighborhood of non-conforming and I’d like to move on to March 1, 2005 which is the second letter sent to Mr. Palmer. It says “enclosed please find the proper procedure for submission of plans to our department for approval”. Mr. Oser stated that he would have someone in the Glick family prepare drawings such as again its stated above the buildings are permitted for personal use only. Now this is only a week after the first letter was sent. Moving onto #3 this is the copy of the statement that Mr. Oser sent into the building department you’ll notice on it he says two garages, garages. This was approved before the application was even filled out. We’ll move onto #4 to the application for the building permit the permit is incomplete because Mr. Oser has no height on there. 30’ is his plan to build these two large warehouses in our neighborhood. If you turn the page you’ll see that he has all these figures he’s claiming that my street Fan Ct is an alley which technically is called an alley because its only 15’ wide. Which would only lead to more congestion down there from a warehouse where Mr. Oser plans to put light industrial construction vehicles down there. He’s claiming personal use automobiles, three years ago he claimed it was antique cars, now he’s telling you that its boats and cars. But we all know that he plans to put construction equipment down in those warehouses. Those warehouses are illegal in a non-conforming neighborhood those warehouses are illegal in B-1 zoning. This is why he needs a variance. Moving right along to #5 when we saw the company come to dig the hole because originally we were told there would be two garages. We have no problems with garages but when we saw the length of the hole my husband and I went down to the building department and put in a complaint. Alright, bear in mind Mr. Kraft, our building official permitted this construction to take place before he even applied for a variance. Knowing full well from day one that these buildings were illegal. He’s asking for a variance for light construction, light industrial I’m sorry, light industrial. Bear in mind, we are a non-conforming neighborhood with children and families down there. He’s going to build two buildings 30’ x 84’ and 30’ high which is even in B-1 illegal. In B-1 the building can only be 14’ high of course if you give him a variance he can build whatever he wants in our neighborhood which would leave…it’s a corner lot leave blind spots for our children down there on bikes, tricycles and skate boards. Just completely change our neighborhood. He doesn’t live down there; he doesn’t have a business down there. Now moving onto #6 dated August 26, 2005 this is what happened when we went to the zoning board. Mr. Kraft and Mr. Oser claimed that he had a real estate business and all the people that live down there told the zoning board no, no, no, there’s no business down there these houses are empty. These are houses that were moved down there by our taxpayer’s money because he moved from Agathon so the city or whomever could build the Great Escapes. He left those houses above ground for two years before we went and complained and then he had to put them in ground. Okay, he’s not been a good neighborhood. Now on #6 it gives you the city codes that were being violated when we went to the zoning board because Mr. Kraft and Mr. Oser said that he had a real estate business down there the zoning board granted the variance. We appealed to council three years ago, council is quite different but I see Mrs. Ferrero and Mr. Manson and Mr. McCune I think you remember sir that we got that reversed. If you go onto #7 you’ll see the numbers that he presented to the Board of Appeals. He’s claiming if you turn the page you’ll see he’s claiming that Fan Ct is just an alley. He’s claiming that the easement that separates our properties is an alley he’s only 9’ from the alley and he’s only 7’ from his own house that he claimed was his real estate company. The sides are totally; totally illegal he has no parking down there, no space for parking because we’re small. The streets are small, narrow and there’s no place for warehouses in our neighborhood. If you move onto #8 you’ll see in Mr. Oser’s own hand he claims that the residents, the house is unoccupied and had never been occupied. So there again he proved himself that he lied to the zoning board. He and Mr. Kraft together. But thank God Mr. Manson and Mrs. Ferrero and council listened to our plead and we received a resolution September 19, 2005 stating that there was a reversal decision of the Massillon Zoning Board of Appeals. It was necessary for the preservation of the health, safety and welfare of the community. Wherefore this resolution shall be in full force and effective immediately from and after passage and approval by the Mayor. And it was signed, thank you, Mr. Mayor, it was signed by the Mayor and Mr. Oser had one year to appeal this. Well, he abandoned it if you look at #10 you’ll see a complaint that my husband and I went to the building department and filled out a complaint. This is dated May 21, 2007 he totally abandoned that property weeds were growing, we had big groundhogs and everything. Okay, so what does he do he sends people down to mow the grass after the complaint and then we get a letter that there’s #11 dated September 5th, 2008 which is three years later, three years stating that he wants to build these same buildings but notice this time he says they’re warehouses and this time he’s asking for I-1. These are the same buildings this is smoke and mirrors this is total deceit. This is something that’s disruptive to our neighborhood just because he owns land down there that he’s doing nothing with all three of his properties are empty. He’s not improving our community at all he’s only going to disrupt it. Now if you’ll see the first two letters from the building department was to Mr. Palmer. Number 12, if you look at the owner that doesn’t look like a signature to me that looks like scribble, scrabble and Mr. Oser is the witness. However, he re-plotted the land all he did was make it one big property instead of two. Okay, in the meeting last Monday he claimed that this council told Mr. Oser all he had to do was re-plot the land and then he could build his warehouses. That’s not true and I’m sure if you tried to check the minutes you will find that never happened, that never happened. Now on #13 these are new drawings that he plans to build same dimensions these buildings are illegal in B-1 district and also in a neighborhood. We use the term non-conforming because we can not prove that council ever passed changing the zoning. When I was at the library to check every time the zoning was changed council had to be involved and pass it. There is no record no where of that ever happening. So we’ll go along with non-conforming because we’re still a neighborhood. We pay taxes as residential Mr. Oser wants to change our lives, he wants to depreciate our properties and its no hardship to him. A variance is only supposed to be given to a person if it’s a hardship or if its something unusual about the property. There’s nothing unusual about the property except that he’s in a residential neighborhood trying to build storage units, warehouses, 30’ high, 84’ long, 30’ wide that’s absurd. We ask your indulgence please read these carefully check B-1 I saw an article in the paper where someone said “oh well, its B-1 he can build anything he wants” that’s not true. Each district has codes, each district the reason he needs a variance Mr. Kraft said “oh these buildings are legal”. No they’re not they’re illegal in B-1, they’re illegal in non-conforming residential neighborhoods. It would only be legal once you grant him a variance. Industrial in a neighborhood with kids 30’ high buildings would you want that next to your house? It’s not right and I thank you very much for your indulgence.

COUNCIL PRESIDENT GAMBER Mrs. Lowery, if I could one question before you sit down the last page I believe is page 13 (yes, sir) showing the layout. These are the current buildings he wishes to erect (the same thing) do you have a height on that my eyes are bad I can’t what that height is on that building?

MYRA LOWERY – That’s the point he doesn’t tell you the height he said it himself 30’ high.

COUNCIL PRESIDENT GAMBER There’s a number there I can’t read it. I’m just asking if anyone else? Up on the top right where it shows the end view.

MYRA LOWERY – I can’t see the number, sir. Well, he said its 30’.

COUNCIL PRESIDENT GAMBER Well, thank you very much we appreciate it.

MYRA LOWERY – These warehouses are illegal and the only way it can be legal is if this council grants him a variance.

COUNCIL PRESIDENT GAMBER Thank you very much for coming forward.

TOM SEESAN – I live at 1050 4th Street NE. Ladies and gentlemen, I’m glad you’re sitting there and I’m not. I’m here to talk about Resolution No. 24 – 2008 I am co-chairman of the Massillon City Schools Renewal Levy. I represent Citizens for Massillon City Schools and I’m urging the city council to endorse Issue #64 in support of the levy. This is a renewal levy that was originally approved in 1999 and its up for renewal it currently brings in $3.2 million to the school district. The interesting thing about this levy is that because of the property values increasing appreciation that if the citizens of the school district pass it their taxes will actually go down because the millage has been reduced. So that’s very unusual for a levy but that is the case for many taxpayers. There have been many, many wonderful articles about our schools in the newspaper. The school district has made significant progress the school children are in good hands with the staff and the teachers of the school district. I’ve had three children graduate from Massillon City Schools they’ve been success I have one more that’s going through she’s getting an excellent education. I personally would match our kids with any kids of any school district in Stark County. We hope that my next year our schools will have progressed to the point where they will go up a notch and become effective schools. So we’re very excited about that. Also the Massillon City Schools is a very large employer in the City of Massillon bringing in income tax dollars. So with all that being said I would just urge city council to approve Resolution No. 24 which is endorsing and supporting Issue #64 the renewal tax levy for Massillon City Schools. Thank you.

COUNCIL PRESIDENT GAMBER Thank you, Tom, for being here.

6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 124 – 2008 BY: POLICE AND FIRE COMMITTEE

Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into Mutual Aid Agreements between the City of Massillon safety forces and other political subdivisions safety forces of Stark County, and declaring an emergency.

COUNCILMAN MAIER – Yes, what this ordinance is they’re asking for a mutual aid agreement which means if there’s an emergency and our police department needs help that these other departments can come in and help us or we can go in and help them if there’s an emergency. The same with our fire departments and so forth. We have this is all of our surrounding departments and if there’s no questions I’d like to bring this forward for a vote.

COUNCILMAN MAIER 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. 124 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 125 – 2008 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, for the potential purchase of one street roller for the City of Massillon Street Department, and declaring an emergency.

COUNCILMAN PETERS – We discussed this at Monday night’s work session. The original piece of legislation had us going out and receive bids and enter into a contract. We changed that we removed “into a contract” and took that out at the request of some other council members because they weren’t comfortable with it. So what’s before us is authorizing the Director of Public Service and Safety of the City of Massillon to advertise for and receive sealed bids for the potential purchase of one street roller for the City of Massillon Street Department, and declaring it an emergency.

COUNCILMAN PETERS moved for suspension for suspension of the rules and passage, seconded by Councilman Townsend.

COUNCILMAN SLAGLE – The only and I apologize because this concern came up while I was out on the streets last week. I did not think of it at the work session and I apologize for not thinking of it then. But when I was out and running through the streets at lunch I noticed that one of the larger city trucks was a Daywood. Now normally I don’t have a lot of objections to purchasing foreign made vehicles. But…and I don’t know how it came about but I frankly would like to see in today’s economic climate that we consider made in America vehicles because we need to keep the work in the United States. I know most of us like to think we need the cheapest but sometimes the cheapest I don’t think serves our society right now in the best sense. I think we have to consider that in the future legislation for purchases like this. That we look at the vehicles we’re purchasing in the City of Massillon as to where they came from and whether alternatives are available that are made in the United States even if it costs us somewhat more in dollars. I know that these vehicles are both made in the Unites States, made in Asian countries and also made in the Scandinavian countries, German countries. So I know they can be purchased but that’s the only I’d say. I think in the future we should be considering this type of legislation basically because of the times we’re in that we should be protecting American workers and American families as much as we can.

COUNCILMAN MCCUNE I wanted to say that I totally agree with Mr. Slagle. I think that we should at all times when possible attempt to buy American and support the American worker because we are what we are here. We are a representative of the people and I think we should represent them through the purchase of American made goods if at all possible.

COUNCILMAN PETERS – Larry, that’s a good point but nowhere in here says that we’re not going to buy an American made thing either. I mean so I mean when we go to pass this or we receive the bids I’m sure that it would be my hope that the administration looks at that also.

COUNCILMAN MANSON My question is that we have companies like Honda and Toyota and everybody else building cars and stuff in this country trucks and everything. How do we determine that it’s going to be built here or is it going to be the home of the company or the corporation where they come from? How do you decide these things? I think that’s something that we have to look at if we’re going to start making these decisions down the road. Honda’s foreign, Toyota’s foreign but they both build in the United States.

COUNCILMAN SLAGLE – Well, I didn’t say that’s why its made in America I’m fully aware of the international extent of all businesses right now. But I know we can purchase vehicles that are being shipped in from out of the country. So I would hope we wouldn’t be doing that.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 125 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 126 2008 BY: FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the Wastewater Treatment Capital Improvement Fund, Economic Development Fund and the General Fund, for the year ending December 31, 2008, and declaring an emergency.

COUNCILMAN MANSON Yes, we have three parts to Ordinance No. 126 I’ll start down through them. Section 1, we have $120,000.00 please appropriate $120,000.00 from the unappropriated balance of the Wastewater Treatment Capital Improvement 1406 fund to an account supplies. This money is needed to purchase 200 carbon canisters from the Pittsburgh PA Company Calgon Carbon. They are the sole supplier of these canisters. The next part we have $25,000.00 to appropriate from the unappropriated balance of the Wastewater Treatment Capital Improvement 1406 to services and contracts. This money is needed to cover expenses for legal fees to be paid to the law firm of Bricker and Eckler pertaining to the Wastewater Treatment Plant construction claims by Kokosing Construction Fredericktown Ohio. The third part of section 1 is $21,975.00 from the unappropriated balance of the Wastewater Treatment Capital Improvement 1406 fund to an account services and contracts. This money is needed for emergency repairs associated with the problem with the electrical substation at the head works of the Wastewater Treatment Plant. Are there any questions on section 1?

COUNCILWOMAN CATAZARO-PERRY – I just would like to bring up the law director if we could please, Mr. Manson. Mr. Stergios, I’d just would like to clarify I know we took out about $500,000.00 for the Kokosing and I’m just a little I didn’t catch this at the work session. (Okay) But the $25,000.00 is going for legal fees for Bricker and Eckler and I’m not sure why. I thought that once we made payment we were done. So can you clarify that for me?

LAW DIRECTOR STERGIOS – These are the attorneys that we hired to prosecute the case for us so the bills are still ongoing. They are still working on issues with the tertiary filters. We settled with Kokosing you’re right and got extra money from the grant to pay the settlement to Kokosing. These are our own lawyers and their bills and they’re still working on various issues with regard to the filter system itself not to do with Kokosing. Plus this is probably I don’t have the bill in front of me but I’m sure it’s for work that’s been done probably all summer long. I’d have to see the actual statement which is somewhere around here but…

COUNCILWOMAN CATAZARO-PERRY – Do you anticipate anymore bills at this cost? (I think yes.) You do?

LAW DIRECTOR STERGIOS – I don’t know about this total amount but there’s still part of the lawsuit is still going on not with Kokosing, but with the manufacturer of the tertiary filter. So there will be more expenses I doubt if they’ll be high as they have been because the big part is done. But there’s still the issue with the filters.

COUNCILWOMAN CATAZARO-PERRY – So Kokosing is paid for with that $500,000.00 that we paid and this is just for additional fees.

LAW DIRECTOR STERGIOS – That’s correct.

COUNCILWOMAN CATAZARO-PERRY – Pertaining to it.

LAW DIRECTOR STERGIOS –Yeap.

COUNCILWOMAN CATAZARO-PERRY – But not Kokosing.

LAW DIRECTOR STERGIOS – But not Kokosing.

COUNCILWOMAN CATAZARO-PERRY – Okay, pertaining to the Wastewater Treatment Plant, but not Kokosing. Thank you very much.

LAW DIRECTOR STERGIOS – You’re welcome.

COUNCILMAN MANSON Okay, section 2, please appropriate from the unappropriated balance of the economic development fund $4,146.00. These funds are necessary to pay legal fees associated with TIF projects. Any questions? Section 3, $500.00 please appropriate from the unappropriated balance of the General Fund to an account supplies and materials $500.00. These funds were received from WTIG for the cruise in which is earmarked for fire prevention materials. Any questions on any of those?

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 126 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 127 2008 BY: FINANCE COMMITTEE

Establishing a fund entitled “Indigent Driver Interlock & Alcohol Monitoring Fund”, within said fund, and declaring an emergency.

COUNCILMAN MANSON Yes, this is for the court this is a request that a fund entitled Indigent Driver Interlock & Alcohol Monitoring Fund be created for the Massillon Municipal Court as required by the Ohio Revised section whatever there. To fund ignition interlock and secure continuous remote alcohol monitoring (SCRAM) for indigent defendants. The monies deposited in this new fund as collected by the Clerk of Courts is additional OVI fine money shall be paid to the city treasurer and to be used exclusively for the funding of drivers interlock ignition systems. Any questions?

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 127 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 128 2008 BY: FINANCE COMMITTEE

Making certain transfers in the 2008 appropriations from within the General Fund, for the year ending December 31, 2008, and declaring an emergency.

COUNCILMAN MANSON Okay, in section 1, we are going to transfer $5,000.00 from supplies and materials to arbitrator’s fees. These are needed to cover expenses for arbitration and legal advice. Anybody have any questions?

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Hersher.

The rules were suspended by a roll call vote of 9 yes.

ORDINANCE NO. 128 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

RESOLUTION NO. 23 2008 BY: FINANCE COMMITTEE

Accepting the amounts and rates as determined by the Budget Commission and authorizing the necessary tax levies and certifying them to the County Auditor.

COUNCILMAN MANSON This is routine the county auditor is responsible for collecting the taxes and determining how we are taxed for that. If we have any questions I’ll the auditor to come up otherwise I will be requesting that we waive the rule on this.

COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry.

The rules were suspended by a roll call vote of 9 yes.

RESOLUTION NO. 23 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

RESOLUTION NO. 24 2008 BY: COMMITTEE OF THE WHOLE

Supporting Issue #64, which is a renewal levy for the Massillon City School District.

COUNCILMAN MANG Thank you, Mr. Seesan for coming before city council. I think everybody understands the need for good schooling. Over the years we’ve been reminded that when business seeks to relocate or where they seek to enlarge and they’re looking at people maybe transferred into the area one of their concerns is the school system. I think that is just as important today as it was a number of years ago. This levy is as Tom stated is one of the very few that we vote on a levy that is actually less than what we were presently paying. So I’m asking council to support Resolution No. 24 – 2008.

COUNCILMAN MAIER Yes, I’d like to abstain from voting because I work for the school system.

COUNCIL PRESIDENT GAMBER I think the general policy is unless it directly affects you that there’s no need to abstain on an item like this. If you’d like we can refer it to the law director.

COUNCILMAN MAIER I’d like to ask the law director.

COUNCIL PRESIDENT GAMBER Mr. Stergios, can we have an opinion.

LAW DIRECTOR STERGIOS – Yes, since it’s a resolution and it does not have any direct affect on his job. I think its okay for him to vote but it’s obviously up to him. But I think you’re okay.

COUNCILMAN MAIER That’s fine.

COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilwoman Catazaro-Perry.

The rules were suspended by a roll call vote of 9 yes.

RESOLUTION NO. 24 – 2008 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 2008 COPY FILE
B). TREASURER SUBMITS MONTHLY REPORT FOR SEPTEMBER 2008 COPY FILE
C). FIRE CHIEF SUBMITS MONTHLY REPORT FOR SEPTEMBER 2008 – COPY FILE
D). INCOME TAX DEPT SUBMITS MONTHLY REPORT FOR SEPTEMBER 2008 – COPY FILE
E). WASTE DEPT SUBMITS MONTHLY REPORT FOR SEPTEMBER 2008 – COPY FILE
F). MAYOR SUBMITS MONTHLY REPORT FOR SEPTEMBER 2008 – COPY FILE

COUNCIL PRESIDENT GAMBER Thank you, we will of course file all of those reports.

11. REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER As far as committee meetings next week Monday the 27th at 5:30pm. Are there any committee reports?

12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13. CALL OF THE CALENDAR

14. THIRD READING ORDINANCES AND RESOLUTIONS

.SECOND READING ORDINANCES AND RESOLUTIONS

RESOLUTION NO. 21 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE

Reversing the decision of the Massillon Zoning Board of Appeals made on September 11, 2008 wherein the Zoning Board of Appeals denied a variance from the Massillon Zoning Code for proposed construction of two 30’ X 84’ warehouses at 35 Warwick Avenue NW. Known as Lot No. 17265 in the City of Massillon, Ohio, and declaring an emergency.

COUNCILMAN MANG There’s an amended copy coming your way. We had some things in here that we need to amend. The amendment down in section 1 the original resolution that we gave first reading to indicated that in section 1 zoned B-2 and that should be B-1. Section 2, the entire section was deleted and we came back up with the “provided that this resolution receives the affirmative vote of two-thirds the members of council (six) it shall go into effect as soon as permitted by law”. Those are the two things that are on the amended resolution.

COUNCILMAN MANG – moved to amend Resolution No. 21 – 2008, seconded by Councilman McCune.

Roll call vote of 9 yes to amend Resolution No. 21 – 2008.

RESOLUTION NO. 21 – 2008 WAS AMENDED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT GAMBER The resolution has been amended it is now back at first reading. Mr. Mang?

COUNCILMAN MANG Mr. President, I would like to make a motion that the amended Resolution No. 21 be given its second reading.

COUNCIL PRESIDENT GAMBER You’re asking for first reading tonight? By amending it we are back at first reading and you’re asking for first reading or you’re asking for suspension.

COUNCILMAN MANG I’m asking for suspension of rules indicate that Resolution No. 21 as amended will be having its second reading. How do you wish me to proceed?

COUNCIL PRESIDENT GAMBER If you would like to give it a reading tonight and vote on it in two weeks then you’re asking for first reading. If you’d like to vote on this tonight you need to suspend the rules since we are in its first reading right now.

COUNCILMAN MANG I would like to make a motion that we suspend the rules to amend Resolution No. 21.

COUNCIL PRESIDENT GAMBER Okay, we’ve already amended it. We are now operating with this. Do you want to vote on this tonight? (No) Okay, just give it first reading, you don’t need a motion. If I understand you correctly.

COUNCILMAN MANG I was trying to give the amended resolution on the same page as the original resolution which was given its first reading.

COUNCIL PRESIDENT GAMBER Okay, well it can’t be on the same page because it is amended we’re back at first reading. We can either suspend the rules and vote or just….

COUNCILMAN MANG No, problem.

COUNCIL PRESIDENT GAMBER Okay, first reading tonight on the agenda in two weeks, correct?

COUNCILMAN MANG Right.

RESOLUTION NO. 21 – 2008 WAS GIVEN FIRST READING.

16. NEW AND MISCELLANEOUS BUSINESS

17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA

COUNCIL PRESIDENT GAMBER If I could ask the cameraman to swing the camera towards the back we have a number of young folks with us tonight. Are you all from the same school or different schools? (Same school) Why don’t you all stand up be recognized by the TV camera and what class are you from? (Canton Central Catholic Government Class) Well, very nice to see you here this evening. Thanks for coming.

18. ADJOURNMENT

COUNCILMAN HERSHER – I move that we adjourn, seconded by all.

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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