MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, OCTOBER 21, 2013 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, October 21, 2013.  We have in attendance this evening several city officials I do see the Mayor and the Auditor so I will recognize those two and I will continue on.  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 and I’m quite sure we have quite a few cell phones in here tonight to please turn it down or on vibrate. 

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter. Quenessa Hampton, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa and Larry Slagle.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILMAN LEWIS B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

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

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - Madame Clerk, are the minutes of the previous meeting transcribed and open for public viewing?  (Yes, 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 TOWNSEND – We are now at item #5 this is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you want to discuss at this time.  I see no one. 

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 120 - 2013                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the construction of a salt storage structure to be located at the Department of Public Works on Walnut Road SW, in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis?

COUNCILMAN LEWIS – First reading.

ORDINANCE NO. 120 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 120 has received first reading.

ORDINANCE NO. 121 - 2013                    BY:   ENVIRONMENTAL COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids and enter into a contract, upon award and approval of the Board of Control, with the lowest and best bidder for the Genshaft Park Sanitary Sewer Replacement Project in the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Lewis.

COUNCILMAN LEWIS – First reading.

ORDINANCE NO. 121 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 121 has received first reading.

ORDINANCE NO. 122 - 2013                    BY:   HEALTH, WELFARE & BLDG REGULATION COMMITTEE

Enacting a new CHAPTER 751 “CHARITABLE DONATION CONTAINERS”, of the Codified Ordinances of the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Halter.

COUNCILWOMAN HALTER – First reading.

ORDINANCE NO. 122 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 122 has received first reading.

ORDINANCE NO. 123 - 2013                    BY:   FINANCE COMMITTEE

Reducing the appropriations in the Wastewater Treatment Fund, for the year ending December 31, 2013, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Like the clerk said this is the appropriations are hereby reduced in the Wastewater Treatment Fund, for the year ending December 31, 2013 as follows: $13,859.52 from an account entitled Hospital/Eye/Dental, $28,274.97 from an account entitled Workers Comp., $12,957.50 from an account entitled Union Health & Welfare, $150,000.00 from an account entitled Utilities, $162,317.43 to an account entitled Hospital/Eye/Dental, $13,447.89 from an account entitled Workers Compensation. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilman Peters?  Your motion, Councilman Peters?

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

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

ORDINANCE NO. 123 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 123 has passed.

ORDINANCE NO. 124 - 2013                    BY:   FINANCE COMMITTEE

Repealing Ordinance No. 147 – 2012 and any other ordinances inconsistent with this ordinance, and authorizing and directing the Auditor of the City of Massillon as of January 1, 2014 to deposit funds received from golfing fees at The Legends of Massillon Golf Course into the Legends Fund and the Bond Retirement – Legends Fund, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  There were some questions at Monday’s work session and and in all fairness Councilman Manson who’s part of the finance committee wasn’t there.  So I’m going to give this first reading.  Not singling you Mr. Manson I just know you want to discuss this.

ORDINANCE NO. 124 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 124 has received first reading.

ORDINANCE NO. 125 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Auditor of the City of Massillon, Ohio, to deposit the three-tenths percent (.3%) City Income Tax for the Parks and Recreation System into the “Parks and Recreation Operations Fund”, “Parks and Recreation Debt Retirement Fund” and the “Parks and Recreation Capital Improvement Fund”, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  I’ll give this first reading also.

ORDINANCE NO. 125 – 2013 WAS GIVEN FIRST READING.  

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 125 has received first reading.

ORDINANCE NO. 126 - 2013                    BY:   FINANCE COMMITTEE

Amending Ordinance No. 143 – 1976 by repealing Section 13 – “ALLOCATION OF FUNDS – INCOME TAX” and enacting a new Section 13 “ALLOCATION OF FUNDS – INCOME TAX” and repealing Ordinance No. 87 – 2013, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance is for the allocation of funds collected under the provision of this ordinance.  I’m in the wrong one.  First reading.   I would like to add because somebody got me a little confused this you know this we’re in the middle of budget talks and how we vote on this is going to affect our budget.  So I mean we need to that’s the reason I’m giving it first reading because we have to be aware that you know if we okay this split its going to have a detrimental affect on our budget.  Because right now I’m assuming that the budget is with this split for this ordinance.  So we have to think we need to talk about that Monday.  Thank you.

ORDINANCE NO. 126 – 2013 WAS GIVEN FIRST READING. 

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 126 has received first reading.

ORDINANCE NO. 127 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to submit a grant application for financial assistance to the Stark-Tuscarawas-Wayne Joint Solid Waste Management District for a recycling education and outreach program mini grant, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Just to repeat what the clerk said this allows the Mayor of the City of Massillon to authorize her and directed to submit a grant application for financial assistance to the Stark-Tuscarawas-Wayne Joint Solid Waste Management District for a recycling education and outreach program mini grant. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Mr. Peters?  Mr. Peters, your motion?

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

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

ORDINANCE NO. 127 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 127 has passed.

ORDINANCE NO. 128 - 2013                    BY:   COMMITTEE OF THE WHOLE

Amending CHAPTER 121 “COUNCIL” of the Codified Ordinances of the City of Massillon, by enacting a new Section 121.02(q) Rule 64 “Who Admitted Within Bar”, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Excuse me, Mr. President, I thought I got an email today saying that you overrode the clerk and you were assigning that to a different committee. 

COUNCIL PRESIDENT TOWNSEND – Well, actually I was reason I was going to call on you I was going to let you speak then I was going to chime in.  Well I didn’t over…

COUNCILMAN PETERS – You was going you was going to slam me down wasn’t you?

COUNCIL PRESIDENT TOWNSEND – No, not me Donnie.  No, I didn’t override her.  If I recalled there was some discussion at the last work session and I believe Councilman Chovan had brought up this request for legislation and I believe Councilwoman Scassa had stated once you she received the ordinance she will you know put it together.  And because it is part of council rules it falls under rules and courts.  So that’s why I decided to put it under rules and court because it has something to deal with council rules.  And in the past if we all can remember when we ever changed or revised any council rules it fell under rules and courts.  Councilman Chovan?

COUNCILMAN CHOVAN – Thank you.  Actually I wasn’t even going to do this in the form of an ordinance because now it goes through the three readings and our process.  This was a miscommunication between myself and Mary Beth.  I didn’t tell her really what I wanted there.  I was just going to come up today and have her read this as a proposal to amend Rule 64 with new wording in it.  At that point we could discuss it we can pass it tonight.  But since its done this way if you want to refer it to the rules and courts committee that’s I don’t have a problem with that at all.  I would however like to amend this there’s no reason for us to have emergency language in this.  So Mary Beth can I just tell you what I’d like changed on it for the emergency language part?

COUNCIL CLERK BAILEY – Okay.

COUNCILMAN CHOVAN – Okay, so on in the titled I want you to delete where it says “and declaring an emergency” but then I also what you to delete the entire section 4.  Just so there’s no confusion because then it there’s no reason to make this emergency legislation.  It’s something that we’ll talk about and we can if you want to refer it to rules and courts we can do that. 

COUNCIL PRESIDENT TOWNSEND – Now with the rules when we change council rules I believe it goes into the form of a resolution.  I don’t think it would just…

COUNCILMAN CHOVAN – It doesn’t even have to if I looked at Robert’s Rules it doesn’t have to do either.  That’s why I could have just simply handed Mary Beth the proposal that I propose tonight that we discuss this and change it and we could have done it right here.  But because its in this form it will go through our readings process unless we suspend next time and vote on it. 

COUNCIL PRESIDENT TOWNSEND – Okay and out of fairness to Councilwoman Scassa of course its in your committee but when you know when we begin to speak on it you can defer it over to Councilman Chovan or Councilwoman Halter for the discussion.  Okay.

COUNCILMAN LEWIS – Point of order.

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILMAN LEWIS – Mr. Chovan here had made an amendment and that needs to be seconded and then voted upon. 

COUNCIL PRESIDENT TOWNSEND – Yeah, exactly that’s I was going to get to that.

COUNCILMAN PETERS – Well, it hasn’t, point of order.

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILMAN LEWIS – It really hasn’t even it really hasn’t even come out of committee because it was killed. 

COUNCIL PRESIDENT TOWNSEND – Well, no, it wasn’t killed, it wasn’t killed we just transferred over to rules and courts so its very much alive its not killed.  And he just made the revisions as Councilman Lewis stated we have to vote on the revisions.  So any questions?

COUNCILMAN LEWIS – I’ll second it. 

 

COUNCIL PRESIDENT TOWNSEND – Any questions?  Okay, roll call please for amendments or…could you come up Law Director Stergios? 

LAW DIRECTOR STERGIOS – Mr. President, ladies and gentlemen of council.

COUNCIL PRESIDENT TOWNSEND – I’m a little confused far as the ordinance and the resolution title.  We’re changing a council rule and there’s its not an ordinance its not a resolution.  This is the first time that I have ever experienced anything being presented on this table and its not being a resolution or ordinance. 

LAW DIRECTOR STERGIOS – I believe historically we have always whenever we’ve changed or amended the council rules that we’ve done it by way of ordinance.

COUNCIL PRESIDENT TOWNSEND – Right.

LAW DIRECTOR STERGIOS – Because the rules are incorporated into what I call the green ordinance book the codified book.  So we tend to refer to them by both 121 parenthesis whatever and rule 64.  So from a tracking standpoint I think its just better to leave it like Councilman Chovan said leave it as an ordinance either way would be fine.  But it’s a little easier to find down the road and we know what we did.

COUNCIL PRESIDENT TOWNSEND – Okay, that’s fine I would agree with that.

LAW DIRECTOR STERGIOS – And of course I’ll have to say something else.

COUNCIL PRESIDENT TOWNSEND – Okay.

LAW DIRECTOR STERGIOS – You can refer it straight to the committee and not even give it first reading or give it first reading and have it go to the committee.  I think end results are the same but you guys had gotten that far yet.

COUNCIL PRESIDENT TOWNSEND – Right, right. Okay, well tonight we’re going to refer Ordinance No. 128 over to the rules and courts and first reading.

COUNCILMAN CHOVAN – Yeah, that’s I mean well yes did we accept the amendment then we’re going to give it first reading of the amended ordinance?

COUNCIL PRESIDENT TOWNSEND – Right.

COUNCILMAN PETERS – Well, that’s up to chairman of the committee she has I haven’t heard that yet.

COUNCILMAN MANSON – Its her now its hers.

COUNCILMAN PETERS – I know she’s got to make a motion to either first reading or pass it. 

COUNCILMAN LEWIS – We have to amend it first.

COUNCILMAN PETERS – We already amended it.

COUNCILWOMAN SCASSA – But we didn’t vote.

COUNCIL PRESIDENT TOWNSEND – Right we didn’t vote on it; we’re going to get to that but we just want to clear up the part as far as ordinance or resolution.

COUNCILMAN LEWIS  – No, I seconded it he called up Attorney Stergios.

COUNCIL PRESIDENT TOWNSEND – Right, we’re going to get to the vote.  But I just wanted to clarify that its an ordinance or resolution.  So we straightened that out its an ordinance its in rules and court, rules and court committee so now we can vote on the amendments.  Roll call please?

ORDINANCE NO. 128 – 2013 WAS AMENDED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – First reading.

ORDINANCE NO. 128 – 2013 WAS GIVEN FIRST READING. 

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 128 has received first reading.

RESOLUTION NO. 15 - 2013                    BY:   FINANCE COMMITTEE

Accepting the amounts and rates as determined by the Budget Commission authorizing the necessary tax levies and certifying them to t he County Auditor by October 31, 2013.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Like the clerk read this is accepting the amounts and rates as determined by the Budget Commission authorizing the necessary tax levies and certifying them to the county auditor.  And this is time sensitive it has to be over to the county auditor by October 31; so that gives us no more meetings.  So we’ll have to vote on it tonight. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions?  Okay, there are no questions.  May I have what is your motion Councilman Peters?

COUNCILMAN PETERS – Well, do we I’m new at this do we have to vote to suspend the rules for a resolution?

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILMAN PETERS – Okay.

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

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

RESOLUTION NO. 15 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Resolution No. 15 has passed.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

A). REPOSITORY - $564.40

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Peters, may I have a motion to pay the bills?

COUNCILMAN PETERS – I’d like to make a motion that we pay the bills, seconded by Councilman Manson.

Roll call vote of 9 yes to pay the bills.  

10.  REPORTS FROM CITY OFFICIALS

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Any reports of committees?  Councilman Slagle?

COUNCILMAN SLAGLE – Last I heard they’re supposed to have a park and rec. board meeting on the 24th at 6:00pm.  Because they didn’t have enough for the last meeting and they were trying to schedule to go forth but I haven’t yet heard confirmation that they’re doing it.  But they’ve posted that out. 

COUNCIL PRESIDENT TOWNSEND – You said October 26?

COUNCILMAN SLAGLE – 24th at 6:00pm. 

COUNCIL PRESIDENT TOWNSEND – Okay.  Councilwoman Halter?

COUNCILWOMAN HALTER – Mr. Slagle, I think Mr. Nist is shaking his head no.  Is there a meeting?

PARKS AND RECREATION DIRECTOR NIST– It’s not looking like its going to happen we’re not going to have it. 

COUNCILWOMAN HALTER  – Okay.

COUNCILMAN SLAGLE – Okay, so perhaps they haven’t got it together then.   

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT TOWNSEND – Fair enough.  Any resolutions or requests of council members? 

COUNCILMAN SLAGLE – One.

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – I just like to make it point of the record that the treasurer of the City of Massillon is also in present in the meeting tonight.

COUNCIL PRESIDENT TOWNSEND – Okay. 

13.  CALL OF THE CALENDAR  - TABLED FROM OCTOBER 7, 2013

ORDINANCE NO. 73 - 2013                      BY:   PARKS AND RECREATION COMMITTEE

Amending CHAPTER 163 “RECREATION BOARD” of the Codified Ordinances of the City of Massillon, by repealing existing Subsection 163.03 “POWERS AND DUTIES”, 163.04 “PARKS AND RECREATION DEPARTMENT”, and creating a new Subsection 163.06 “GOLF ADVISORY COMMITTEE OF THE LEGENDS OF MASSILLON GOLF CLUB”, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President.  I think this is actually first reading today.  Because as you’ll remember at the last meeting we changed 163.03 to add section (k) which would of limited the board members to serving only no more than two consecutive terms.  And that they must be off the board for one or more terms before being at a minimum of five years before being eligible again for reappointment.  We’ve been discussing this ordinance since July; this came about at my suggestion as chairman of the parks and rec. committee that I had seen concerns by both the recreation board itself in terms of what authority they did or did not have.  And Mr. Peters?

COUNCILMAN PETERS – Go ahead no wait.

COUNCILMAN SLAGLE – Oh, and the continuing discussion that goes on and has gone on constantly for the six years I’ve been on council about what exactly does the rec. board do and exactly who does the director of parks and recreation report to.  This ordinance changing 163.03 and 163.04 has significant changes to it.  It also adds 163.06 which sets up a golf advisory committee for the Legends of Massillon Golf Club.  I brought this about because in my experience as chairman of the park and rec. committee and attendance of these meetings it became obvious that the park and rec. director actually serves a very unique function in our city.  Because not only must they deal with taxpayer dollars that amount to about $2 million dollars give or take; but they also are expected to raising funds from both the operation of the recreation center and some of the activities from the park area whether it be softball and the like but also from the Legends of Massillon Golf Course.  Because of that it struck me that regardless of what administration was in there there was always criticism of the influence that administration was placing on that particular parks and rec. director and how they in fact were chosen.  So in to that end I researched as you all know and gave you proposals from a number of cities throughout the state that had addressed it in different ways and then selected one way that we’ve been discussing to do that.  So 163.03 sets forth the powers and duties of the rec. board of the City of Massillon.  It also in doing so makes it clear that they are in fact an advisory board which is different.  There are some boards that have much more than advisory capacity and make ultimate decisions.  In our situation we’ve never had that but at the same time we never gave them the awareness of what needed to be done by them and what we expected them to do from the city’s view point.  And there was always questions and concerns about who they actually reported to.  So it sets forth what they’re powers and duties are.  The second thing that was addressed was 163.04 which is the parks and recreation department dealing with the director of parks and recreation.  Previously we really had we had no requirement as to the education, experience or other background of our parks and rec. director.  Sometimes that has not seemed to be a problem, one time it seemed to have been a problem.  This set forth that.  It also sets forth the ability of that person if they are removed from the job to have a hearing before city council if they would so request so that we could hear what was brought against them so it wouldn’t just be a movement by a five member board which as no elected authority in this city in what they do and therefore in my opinion not much oversight.  So this gives some oversight to that.  Additionally a major change was that rather than the appointment being approved by the administration although there was some question of that in fact under the previous ordinance but this clearly makes it that the city council of Massillon would have to approve five members would have to approve the selection of the recreation board for that person to become the park and rec. director.  I felt and I think some others on the committee that have expressed their opinions on this ordinance that would remove some of the politicalization that seems to arise all the time.  City council always had the budgetary authority over the parks and rec. department.  So that really doesn’t change in this.  But there is a significant change in what I’ve just discussed.  I don’t think that takes out the administration’s input and influence over this park and rec. director.  Because they always the administration always has three appointments to the rec. board itself.  So clearly three out of five control most of the votes and if they can do what they need to do then they can have influence that way and they’ll have input that way.  In my opinion this person doesn’t change in terms of that they’re going to have to report to the chief administrative officer in this city as well.  But ultimately the decision always resides in this board of this collective seven member body.  And unlike everyone else we’re on two year terms.  So based on two year terms in my opinion that really removes the politics from it.  Because you don’t have a four year administrative position having that say which appeared to be was before.  So we discussed this a lot I’m any questions or comments I’d like to hear them today.  Mr. Peters?

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Mr. Slagle you said that this goes back to first reading it doesn’t yet because we haven’t formally amended it.  So in order to do that we have to vote to put that amendment in then it goes to first reading. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Mr. Peters.  Councilman Slagle, could you read the amendments so other council members can understand and then we can go into the vote. 

COUNCILMAN SLAGLE – It is section (k) of 163.03 Powers and Duties of the Recreation Board.  Section (k) reads “the board members may serve two consecutive terms on the board and then must be off the board for one or more terms before being at minimum five years before being eligible for the appointment to the board.”  That’s what it says. 

COUNCIL PRESIDENT TOWNSEND – Okay, alright.  Any other questions any more questions for Councilman Slagle?  Okay, Councilman Slagle, your motion.

COUNCILMAN SLAGLE moved to amend Ordinance 73 – 2013 to reflect section (k), seconded by Councilwoman Halter.

ORDINANCE NO. 73 – 2013 HAS BEEN AMENDED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Okay, so it goes back to first reading. 

COUNCILMAN SLAGLE – Yes and Mr. President since we have discussed virtually every other aspect of this on many hours during council meetings. 

COUNCILMAN SLAGLE moved for suspension of the rules and passage, seconded by a Councilwoman Halter.

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

ORDINANCE NO. 73 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  SCASSA VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk, Ordinance No. 73 has passed.

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT TOWNSEND – Do we have any new or miscellaneous business?  None. 

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

COUNCIL PRESIDENT TOWNSEND – Okay, we have now arrived at item 17 this is this is where anyone can speak would like to speak on a topic that does not appear on the agenda.  If you would like to speak please approach the microphone and give your name and your name and address and the topic you wish to discuss.  See no one oh…

SAM DAUT – 835 Cherry Rd NW.  Just on this last ordinance the only thing I’d like to suggest that people that come down here be a little more previous a little bit I guess you can make a little bit more descriptive of what you guys are voting on.  Because this absolutely tells me nothing of what I’m not going to get into a labor thing here.  But when I look at some of these words I shouldn’t have to call the council secretary to understand what the language is in here.  I mean I think it could be just a little more descriptive.  And one more thing before I leave tonight I’m not going to go back on this ordinance of what you’re trying to basically repeal on that but I really think up until you do you should have made a little more room for these people down here tonight by letting the mayor and her staff sit where they normally do.  And I mean in defense of that and especially if these students are down here trying to learn what city government is about this is not really a good way of showing them what we’re doing.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Anyone else?  Councilman Chovan?

COUNCILMAN CHOVAN – I would just like to respond to Mr. Daut.  Sam, nobody, nobody asked anybody not to sit up here today.  That was not anything council asked. That’s where it’s going but that’s…

COUNCIL PRESIDENT TOWNSEND – Mr. Daut, Mr. Daut, let him finish if you have something else to say you can come back up to the microphone.

COUNCILMAN CHOVAN – No, I just wanted to clarify nobody had asked that yet.  This was the ordinance on the books but nobody had actually asked that to happen.

SAM DAUT – I was just giving my two cents worth that’s all.

COUNCILMAN CHOVAN –I got it thanks.

COUNCIL PRESIDENT TOWNSEND – Alright.  Anything else?  Anymore questions?  Okay, all hearts and minds are clear Councilman Lewis may I have a motion to adjourn.

18.  ADJOURNMENT

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

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

©Copyright 1998 - present City of Massillon. All Rights Reserved
Designed and Maintained by Imaging 2000 Web Design