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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, November 6, 2006. We have in attendance with us this evening: Safety Service Director Loudiana, Auditor Hamit, I did receive a call from Law Director Perry Stergios last in the day that he would be unable to be here and he apologized for that looking through the agenda he didn’t think though that there was anything that would really require him to be here. 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, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters, and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN Councilwoman Ferrero called the Clerk to report that she was feeling sick this evening. So I’m going to move that we excuse Councilwoman Ferrero, seconded by Councilman Manson. Roll call vote of 8 yes to excuse Councilwoman Ferrero. 2. INVOCATION COUNCILMAN TOWNSEND gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND Chairman of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance. 4. READING OF THE JOURNAL COUNCIL PRESIDENT GAMBER Madame Clerk are the minutes of the previous meeting transcribed and open for public viewing (THEY ARE) Are there any additions or corrections to the minutes. If not the minutes stand approved as written. 5. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS ON THE AGENDA 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 160 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 160 has five sections. The first section is our fire truck lease $51,498.00 it is the second of five payments. Part 2 of section 1, $2,270.00 to replace a furnace in the old signal building. Section 2, we have $10,000.00 to be appropriated from the unappropriated balance of the Home Health Fund for restaurant supplies, $4,500.00 to an account entitled Home Health Services and Contracts. Section 3, they’d like us to appropriate from the OPWC Loan Payments Fund for our OPWC principal $11,956.00. Section 4, we’re asked to appropriate from the Muni Motor Vehicle License Fund to an account entitled Paint Machine Truck of $9,000.00. Section 5, is declaring an emergency. 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. 160 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 161 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 161 is asking us to accept a grant from the Homeland Security of $70,065.00. The chief did apologize today that he could not be here this evening, but he did want to let us know that he’s going to buy 11 radios, 3 packs deliberators, diesel exhaust system for the new squad that they have and a 45 pagers system as well. So we just need to accept this grant this evening from Homeland Security. 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. 161 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 162 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 162 has two sections. The first section they would like us to transfer from the 2006 appropriations from the General Fund from Debt Retirement $50,000.00 to fire salary $50,000.00. Section 2 is declaring it an emergency. This is to get us through the end of the year for salaries for the fire department. COUNCIL PRESIDENT GAMBER Will this finish out the account in salaries do you know? COUNCILWOMAN CATAZARO-PERRY Yes, I believe it will is that correct Mr. Hamit? AUDITOR HAMIT – As we go through the different line items we find excess in any line item we graph out of there into the departments that have a shortage. We don’t know what happens between now and the end of the year. We’re hoping this what you’re doing tonight will certainly close the door on it; it certainly should. We’re trying to close that $600,000.00 door if there’s any overtime or within the budget at that time we’ll keep shifting as we go. We’re working diligently on it. 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. 162 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 163 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 163 is just to do that the note has come due we’re going to roll it; it is from Lincoln Phase III and it’s for $2,993,000.00. 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. 163 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 164 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY I did have our Council Clerk Mary Beth Bailey copy 109 – 2005 so it is on your desk beside your Ordinance No. 164. The Ordinance No. 109 – 2005 says that we would have 87% in the General Fund and 13% in the Capital Improvement Fund. To make all of our debts for the end of the year we have been asked to approve the change in the split to a 100%, 0% from October 1st 2006 until December 31st 2006. We do feel fairly confident with our Auditor Mr. Hamit that this is going to help us immensely and hopefully we will look very well by December 31st. 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. 164 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 165 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Again, I have asked Mary Beth to copy Ordinance No. 111 – 2005 and you should have it on your desk also. What we’re asking you to do here is repeal this as the Inheritance Tax was placed into the Capital Improvement special account and we’re asking for it to allow the auditor to transfer it into the General Fund. COUNCILMAN BRYAN I have a question for the auditor. We, last year we attempted to put this Inheritance Tax money into the Capital Improvement Fund so we could you know have money to buy cruisers and pave streets and do stuff like that. I understand now because our income tax and our other revenue funds haven’t really grown any this year we have to do this, but how much money came in or how much are you expected to receive within 2006 in the Inheritance Tax. AUDITOR HAMIT – That packet that I have put on your desk has a break down of just about every fund in the city. The Inheritance Tax in my pack is the last one in the package. This year the Inheritance Tax that the city received was $357,751.10. It’s kind of been a reddish across the top, second to the end I’m sorry. Last year there was $171,070.96 placed in the Capital Improvement Fund that’s still in there. We’re not asking you to transfer that out in fact that was washed into the carry over last year which no longer exists in the particle space out there called the budget. But as you can see in the print out you can’t rely on what you’re going to receive in that Inheritance Tax. That’s why it shouldn’t be in the budget you don’t know what it’s going to be and you can’t budget for it. COUNCILMAN BRYAN I see in 2004 it was $63,000.00 and in this year $357,000.00… AUDITOR HAMIT – Correct and the year before that it was a million something. COUNCILMAN BRYAN So it varies drastically and in this ordinance it’s just going to let that go back into the General Fund. AUDITOR HAMIT – Just that capsule of 2006. COUNCILMAN BRYAN 2006, but then the next ordinance I know I’m getting ahead of us here, but the next ordinance will put it back to where it was in 2007 Inheritance Tax will go into the Capital Improvement Fund again, right? AUDITOR HAMIT – Correct, hopefully it’s more but I tend to doubt it because the state in their wisdom is phasing out this Inheritance Tax. 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. 165 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 166 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY This ordinance is just stating that at the end of the year they will be putting that January 1st they will begin putting the money back in the Capital Improvement Fund. This is just we’re going to do this through the end of the year and then it will go back to the way it was. COUNCIL PRESIDENT GAMBER Mr. Hamit, covered that a moment ago are there any other questions? 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. 166 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS - NOTHING 9. BILLS, ACCOUNTS AND CLAIMS 1. INDEPENDENT - $1,062.00 COUNCILWOMAN CATAZARO-PERRY I move that 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 OCTOBER 2006. COPY FILE Roll call vote of 8 yes to accept the auditor’s report. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Committee meetings will be next Monday the 13th starting at 5:45. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN MANG Question, I only see one about the report from the Mayor, September. COUNCIL PRESIDENT GAMBER Madame Clerk, do we have two reports from the Mayor? COUNCIL CLERK MARY BETH – Yes, you should have a thick one as well. COUNCIL PRESIDENT GAMBER One is only a permit report generally just one page the other is the full monthly report. COUNCILMAN MANG I’m sorry, I’m with you, thank you. COUNCILMAN PETERS Did you pass up number 12, resolutions and requests? COUNCIL PRESIDENT GAMBER I asked if there was there was anything, do you something? COUNCILMAN PETERS Just one quick thing, the as you know council is being televised and put on TV on channel 22 on Sunday evenings at 6:00. The people that are doing it are asking for some sponsorship so if anyone or any company or so forth is interested I’d like them to get in contact with me through the council clerk. COUNCIL PRESIDENT GAMBER I’ll let you finish up I think that’s a little bit out of line for what we need to be doing. If they would like to televise it that’s up to them to arrange their sponsors. COUNCILMAN PETERS Well, I disagree with that, but we won’t get into a debate right now. COUNCIL PRESIDENT GAMBER I’ll let you make your comments and we’ll let it lay there. Anything else? 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 153 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 153 has two sections. The first section they would like us to appropriate from the unappropriated balance of the street fund $100,000.00 to an account entitled street salaries. Section 2, is declaring it an emergency which we are at our third reading this evening. I did want to add I did speak with Mr. Hamit earlier tonight this $100,000.00 is needed for street salaries and it should take us to the end of the year December 31st. COUNCIL PRESIDENT GAMBER Alright, this is third reading so we don’t need to waive we’ll just move forward with a motion for a vote. COUNCILWOMAN CATAZARO-PERRY moved for passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 153 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA MARK BILLMAN – I live at 433 Linden Street NW, Massillon. I’ve got a few little things I’d like to discuss with council and thank that Mr. Loudiana is here. I have a few issues that my street is not wide enough for parking on the street period. Everybody on the street has a driveway we have constant issues with people parking on the street. If people park on each side and a public service vehicle has to get down there lets say a fire truck, ambulance anything they are not getting through. I need something to be done about it either we… COUNCIL PRESIDENT GAMBER What street is that? MARK BILLMAN – Linden Street. COUNCIL PRESIDENT GAMBER And who’s your councilman? MARK BILLMAN – Chuck Maier. COUNCIL PRESIDENT GAMBER Alright, if you would check with Mr. Maier between the two of you, you can get with the safety director and work on that. What’s next? MARK BILLMAN – Speed limit signs in Lincoln Park on my side of the park there are no speed limit signs there haven’t been in the five years that I’ve lived in the city. It is used as a raceway there should be some kind of speed limit sign in there either 20 miles an hour or 25. Ohio Revised Code states a bunch of stuff in there that’s 4511.21 there should be something done. COUNCIL PRESIDENT GAMBER Alright, now what part of Lincoln Park are we talking? MARK BILLMAN – We are talking the east side the pavilion. COUNCILMAN PETERS - Is there were you turn right off of Lincoln Way and cut through to 17th is that where you’re talking? MARK BILLMAN – Yeah, you can turn right on Linden and it takes you down the hill and then it goes around. COUNCIL PRESIDENT GAMBER Alright, that again will be Mr. Maier. MARK BILLMAN – Okay, I’m having some problems with people in the park at night. Every time I call Massillon P.D. the women are rude and nasty on the phone and it’s like they don’t give me a chance to explain what’s going on. There’s no reason for people to be in the park there’s no reason for her to question why I need them removed it should be “okay sir, we will send somebody out” it shouldn’t be 20 questions. The park closes at dusk they should not be there. COUNCIL PRESIDENT GAMBER Alright, again, Mr. Loudiana has heard that and if you’d like to follow up with Mr. Maier please do. We’ll get to you in a moment Mr. Peters. MARK BILLMAN – That’s it. COUNCIL PRESIDENT GAMBER That’s it. Alright thank you for bring those forward. Mr. Peters? COUNCILMAN PETERS - I’d just like to tell the gentleman that the people you’re getting on the phone aren’t necessarily the Massillon police just so you understand that. MARK BILLMAN – I’m calling their non-emergency number and I get a badge number from the lady there that I talked to. COUNCILMAN PETERS - Okay, I was just wondering if that was the Red Center or if that was our department. But I guess if you’re saying you got a badge number then… MARK BILLMAN – I’ve spoken with Mr. Loudiana about this before and it doesn’t seem to go anywhere. COUNCILMAN BRYAN I think he clarified it my question was I believe was he calling 9-1-1 or was he calling the Massillon Police Department so he’s saying he’s calling the Massillon Police Department. Do you can ask if Mr. Loudiana answer questions for me if he doesn’t I can understand. Is there a curfew in Lincoln Park? (Yes, park closes at dusk.) At dusk, that’s what I thought and you’re going to look into it to see I know we have park security too that operates at night. SAFETY SERVICE DIRECTOR LOUDIANA – Right, they have park security, park roads are not run/controlled by the city their controlled by the park system. So they would be the ones to put up a speed sign I’ll talk to them. The other thing they’ve been doing is putting speed bumps in I don’t know if that does any good or not. But we can check into it, but there’s not much I can do when it’s on a park road that’s strictly through the park systems. So… COUNCILMAN BRYAN I’ll bring it up with the Park Board Thursday I’ll be at their meeting. COUNCILMAN PETERS - The park signs are operated by the Parks Department, but the speeding and so forth can still be enforced by the Massillon Police Department? SAFETY SERVICE DIRECTOR LOUDIANA – It’s basically like private property it’s the park system. We can go up there and we do go up there. But they’re controlled by the parks we don’t pave them, we don’t snow plow them we don’t do anything…l COUNCILMAN PETERS - So if somebody’s racing down through the park our patrolmen can’t issue a ticket? SAFETY SERVICE DIRECTOR LOUDIANA – Yeah, they can given a ticket, sure. COUNCILMAN MCCUNE - That park’s basically in my backyard and it’s been used as that road has been used as a cut through for as long as I can remember and it’s always been a problem with young kids you know really race through there. I think if we get a patrol either into that road we can put a halt to it fairly quickly. SAFETY SERVICE DIRECTOR LOUDIANA – We can possibly step up park security I’ll ask them to have more security out there. COUNCILMAN MAIER – Yes, the resident there and I have discussed this on a few occasions and I’ve talked to some different people about it including the police chief and I’ll get with you tomorrow Mr. Loudiana maybe we can put that on a patrol list for a while. I know that there’s been people hanging in that park I don’t know for what purpose if they’re down there drinking or whatever. But we do need to step up maybe a patrol in there for a little while. 18. ADJOURNMENT COUNCILMAN TOWNSEND I move that we adjourn, seconded by all.
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