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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 17, 2008. We have in attendance with us this evening: Safety Service Director Mike Loudiana, Engineer Keith Dylewski, Community Development Director Aane Aaby 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 MANG – Gave the invocation for the evening. 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? (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 MARCUS SIMPSON – I live at 20 Fan Ct NW, Massillon, Ohio. I just wanted to say I’d like to thank the council members for taking their time working on the petition down at 20 Fan Ct in that area. I know you guys have spent a lot of time and coming by. I just wanted to thank you for all your time on that project. For me personally I just think you know we’d like to keep our neighborhood how it is its very family oriented. We have more families in our area than we’ve ever had before. It’s just a nice area that went from multi families living there to garden space to buildings just sitting on top of bricks and finally they were put into the ground. So we would just like to keep our neighborhood the way it is. I mean there’s been plenty of people who would offer to buy his houses but the houses in my neighborhood only range from $30,000.00 to $50,000.00. He wants $139,000.00 for that house its just not even feasible. But I would just like to thank you for your time. Thank you. COUNCIL PRESIDENT GAMBER Is there anyone else who would like to speak please come forward. No one approaching we will move into the rest of our agenda; Mr. Mang, you have a request item 10G? The committee reassignments? COUNCILMAN MANG – I’m kind of not with you on this. COUNCIL PRESIDENT GAMBER I’m sorry I thought we had decided to bring that forward as our first item. COUNCILMAN MANG – Oh, I didn’t know we were going to bring it forward. COUNCIL PRESIDENT GAMBER Doesn’t matter to me. COUNCILMAN MANG – Okay, since the hammer has been applied. We had a request from Chuck Maier to change committee assignments and the body has met and we’ve come up with a new committee assignments which all members have a copy of. That change revolved around Chuck going to Public Utilities and Dave McCune going to Police and Fire. The other people the other committee members will remain the same. Since this does require council action so I’ll open it up for discussion if there’s discussion if there’s not discussion I will be making a motion to adopt the committee assignments. COUNCIL PRESIDENT GAMBER is there any discussion any questions? Mr. Mang? COUNCILMAN MANG moved to pass the committee assignments be adopted, seconded by Councilman Slagle. The new committee assignments have been adopted by a roll call vote of 9 yes. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 135 – 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Repealing Ordinance No. 90 – 2000, and rescinding the Enterprise Zone Agreement with Controlled Power, LLC, and declaring an emergency. COUNCILMAN MANG – It seems Controlled Power has been on our agenda here now quite frequently in the last couple of months. In an effort to hopefully this will be the last piece of legislation not unless they so desire to come back to us. But we’re actually going through the paperwork and rescinding the enterprise zone agreement that we had with Controlled Power. We have formally done some other paperwork to remove them but we actually have to go through the procedures of rescinding the enterprise zone agreement to make everything kosher. If there’s no questions I will be asking for suspension of the rules. COUNCILMAN MANSON Yeah, my only question would be we’re terminating the agreement can we go back after them for any tax abatements that we gave in the past? COUNCILMAN MANG – We terminated the agreement before (okay) this is terminating the enterprise zone which is a separate we have to do each thing separate. To answer your question I don’t know, I don’t know if there was anything there for us or not. Mr. President, may I ask Mr. Aane Aaby to come up. That’s a good question. COMMUNITY DEVELOPMENT DIRECTOR AABY – The agreement had in it no provisions for recapture in the case of termination. But the company was currently not getting any real property tax abatement on that site was an existing building they went into it so there was no although we granted them a real property abatement and when all was said and done there was no abatement. They did get some abatement on personal property tax but those are currently so low. COUNCIL PRESIDENT GAMBER Are there any other questions? Thank you, Mr. Aaby. Mr. Mang, your motion? 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. 135 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 136 – 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing and directing the Mayor of the City of Massillon, Ohio, to petition the Director of the Ohio Department of Development to amend the boundaries of the City of Massillon’s Enterprise Zone, and declaring an emergency. COUNCILMAN MANG – first reading. ORDINANCE NO. 136 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 137 – 2008 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into certain amendments to various Enterprise Zone Agreements previously executed between the City of Massillon, Ohio, and various employers and property owners with regards to the enterprise zones, and declaring an emergency. COUNCILMAN MANG – We were informed at the work session that council goes ahead and enters into an enterprise zone agreement and that date that we enter into it is one date. The date that actual construction starts is the date that the agreement goes into effect. A number of the agreements that we have under section 2 the date that we show the expiration time and date is different than that of the county auditor. So we had to go through and make sure our date and the date that the Stark County Auditor shows is the dates that will exist. We have done that in the case of Harwick Chemical which is listed as #1 we show that as we have made the change the assignment of the order to PolyOne Corp. But I believe the rest of them all deal with the personal property abatement and the time period that it will run. We have not made any changes the change we made was to make sure our records and that of the Stark County Auditor are the same. If there are no questions on these I will be asking for suspension of the rules. COUNCIL PRESIDENT GAMBER Do we have any questions, Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY – Mr. Mang, there’s a typo on section 2, #2 it should say “term” and its says “tem”. The second sentence. COUNCILMAN MANG – The second? COUNCILWOMAN CATAZARO-PERRY – Number 2, its says Alfred Nickels Bakery. COUNCILMAN MANG – Oh, I see. COUNCILWOMAN CATAZARO-PERRY – That’s the only thing I see needs corrected. COUNCILMAN MANG – Should be “term”. COUNCILWOMAN CATAZARO-PERRY – Yes. COUNCIL PRESIDENT GAMBER Everyone will please make that change. COUNCILMAN MANG – We’ll take that as a typo, sir? COUNCIL PRESIDENT GAMBER Can you hear my head nodding? That’s a yes. Are there any other questions? Mr. Mang, your motion please? 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. 137 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 138 – 2008 BY: COMMITTEE OF THE WHOLE Establishing the City’s Administrative policies of City Owned Assets, City Owned Vehicles and Equipment, City Credit Cards and Purchasing Cards, and City Cellular Telephones, and declaring an emergency. COUNCILMAN MANG – We have before us a list of policies that the city would like to establish. I guess I shouldn’t say like to establish the city has been using these policies right along regarding owned assets, vehicles, equipment, credit cards and etc. But in the audit the state auditor they feel that these city policies should be passed by the legislative body and that we are. So there’s I don’t believe there are any changes to anything here and matter-of-fact this would be an extension or would be administratively not legislatively action. Another words these policies would be adopted by the administration and the auditor for whatever reason is asking us to pass legislation that would implement these as the city policies. Now if I’ve got you totally confused I tried. But I don’t know any other way to explain what we have before us other than the request was made by the state auditor and I’m not quite certain if it may not have been asked for before but this time it may have been a little bit they may have used a hammer. Any questions, comments or concerns? Larry? COUNCILMAN SLAGLE - I would just be curious how many city owned vehicles are actually used by anyone on a 24/7 basis. And what department heads would have those vehicles. COUNCIL PRESIDENT GAMBER We have the safety service director if you’d like call him forward. Would you? (Yes) SAFETY SERVICE DIRECTOR LOUDIANA – There’s presently 5 cars, police chief, fire chief, me, park and rec. and the engineer. The reason for that is they’re on 24 hour call and a lot of those vehicles carry equipment that they would need in an emergency. COUNCILMAN SLAGLE – So that’s 5 vehicles and those 5 individuals I gather the heads of those departments not for the use of that department. (Correct) Is it normal to have all those individuals have a use of a city car for their drive back and forth to work? SAFETY SERVICE DIRECTOR LOUDIANA – Yes, like I said those cars have equipment in them in case of an emergency that they would go directly to the emergency. Obviously the police chief, fire chief, the engineer, myself and park and rec; whether they all take them home every day I don’t know I know the chief does, I do and the fire chief. COUNCIL PRESIDENT GAMBER Mr. Maier? COUNCILMAN MAIER – Yeah, does the street supervisor still have one because he’s on call too? SAFETY SERVICE DIRECTOR LOUDIANA – He’s on call but he hasn’t been the new street supervisor has been using his own car he didn’t particularly want to use it. COUNCILMAN MAIER – Okay, I was just question because I knew… SAFETY SERVICE DIRECTOR LOUDIANA – Mainly because we have the second in command right up the street so he can get there faster anyway. COUNCILMAN MAIER – Okay, thank you. COUNCILMAN MANG 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. 138 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 139 – 2008 BY: ENVIRONMENTAL COMMITTEE Authorizing and directing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter a Settlement & Mutual Release Agreement with CTI Environmental for the City of Massillon Regional Wastewater Treatment Facility, and declaring an emergency. COUNCILMAN HERSHER – We discussed this at our work session on Monday. This is CTI performed services under a construction administration agreement with the city that have to this point not been paid approximately $53,000.00. It got caught up in some of the other disputes that were with the Wastewater Treatment upgrade. So this will simply allow them to be paid for the services that they provided during the construction of the upgrade. We do have the engineer and the law director here if there are any questions otherwise I’d like to ask for suspension this evening. COUNCILMAN PETERS – Mr. Hersher, I’m asking that you don’t ask for suspension this evening. I think there are a lot of questions that needs to be answered on this. I see no rush to run out and pay CTI for anything. So it’s my request that we give this first reading and we discuss this more in detail at our next work session. COUNCILWOMAN CATAZARO-PERRY – I was just going to ask to bring the engineer up to clarify that this has nothing to do with the law suit. These were just the items that we needed to pay from previous. We talked about this Mr. Dylewski at the work session and I just wanted to clarify that these were outstanding fees that we owe CTI. ENGINEER DYLEWSKI – That’s correct it’s nothing to do with the actual design of the plant. This was for the separate contract the construction administration which was work they performed and they weren’t paid for. This is just basically you know our legal council is now recommending that they need paid for. You know some time ago this is going back even a couple of years you know they submitted a request and they for some reason weren’t not paid for it. So and they are justifiable it is a justifiable bill. So… COUNCILWOMAN CATAZARO-PERRY – That’s all, thank you. ENGINEER DYLEWSKI – Sure. COUNCILMAN HERSHER – Is there a time frame for getting these paid is there harm in giving this first reading and talking about it as Mr. Peters has requested? ENGINEER DYLEWSKI – That might be a question for Perry I mean that’s probably obviously yesterday was the answer for CTI. COUNCILMAN HERSHER – Could we call the law director up, please? LAW DIRECTOR STERGIOS – In response to the question considering that council has more questions I don’t see a problem with giving it first reading and discussing it at the work session at this stage of the process another two weeks is not the end of the world I don’t believe. Mr. McCune? COUNCILMAN MCCUNE – As I understand it though this is just paying a bill for services rendered? LAW DIRECTOR STERGIOS – That is what I have been told and I don’t have any question that is accurate. This came up as Keith said quite some time ago and it may have been from dissatisfaction with everybody that they just sat on it and didn’t pay it. I wouldn’t swear to that but it was out there and it’s from what I understand is rightfully owed. But again to discuss it at committee and wait to two weeks is not going to queer the whole deal as we say. COUNCILMAN PETERS – Mr. Stergios, that’s exactly one of my concerns and don’t take this the wrong way I’m not insulting you. I would like to be sure from a legal stand point that we really do owe this and it sounds to me like you might even have a little doubt because you don’t have anything per say that’s 100% concrete that we do owe it. That’s one of the things I’d like to be certain of before we rush off and pay CTI. So and I know that when this came up you were at a seminar or something and you couldn’t be here Monday and that’s understandable. But I’d feel a lot better if I knew you came before council and said “we owe this without a shadow of a doubt” then I think we should pay it to avoid any kind of you know legal action that’s fine. But I would feel more comfortable about it if you supported it. LAW DIRECTOR STERGIOS – I don’t have any you know I have to rely on what engineering and our lawyers tell us. So I don’t have any doubt they’re accurately telling us. I’m just saying I you know the file and the contracts take up boxes and drawers and drawers so I am somewhat if I sound hesitant it’s not because I am I have faith in what they say. But there’s no reason to doubt… COUNCILMAN PETERS – No, I’m not asking you to go through all those boxes and drawers I just… LAW DIRECTOR STERGIOS – I’d love to but there’s no reason that we can’t give it first reading and discuss it further at the work session too. COUNCILMAN MANSON – Yeah, I have a question maybe for the engineer to explain I’m not sure it doesn’t matter who. But my understanding is we won’t have any new money appropriated not like this settlement with KoKosing where we had to go back and ask for another $525,000.00. The money is there and will be taken from what the original cost of construction is... COUNCIL PRESIDENT GAMBER Mr. Manson, we have the law director… COUNCILMAN MANSON – I don’t know which one… COUNCIL PRESIDENT GAMBER Okay. Do we have anymore questions for the law director? ENGINEER DYLEWSKI – Yes, Mr. Manson, that is correct these different line items within the loan that the city has. There’s currently little over $26,000.00 in the technical services account which is what the agreement talks about being paid. The other $26,000.00 and change is in the Kokosing line item now that can be transferred to technical services to cover most of the bill from CTI. That’s something I can bring to you know council wants to give it first reading I have the itemized invoice from CTI to show exactly what they’re claiming the services they provided. COUNCILMAN MANSON – But $26,000.00 was there and the other $26,000.00 will be taken back from Kokosing money that would have gone to Kokosing am I understanding what you’re saying. ENGINEER DYLEWSKI – Well, that was another $26,000.00 in that line item that’s not going to Kokosing that’s just sitting there. Kokosing is done, they’re paid they’re out of the picture at this point. COUNCIL PRESIDENT GAMBER Are there any other questions for the engineer? Thank you. Mr. Hersher? COUNCILMAN HERSHER – Well, I certainly if I had known there were some lingering questions would have done my best to get them answered before we came here tonight or would have planned on giving it first reading. But if everyone’s not comfortable with it at this time and seeing there’s no problem with giving it first reading we’ll just do first reading tonight. ORDINANCE NO. 139 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 140 2008 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund, State Highway Fund, Solid Waste Fund, Street Fund, Museum Fund and the 1206 Muni Motor Vehicle License Plate Fund, for the year ending December 31, 2008, and declaring an emergency. COUNCILMAN MANSON I’m not going to go through all of these there’s a total there of $331,000.00 in bills that due need to be paid. We are appropriating that money from the unappropriated balance of the general fund. If there’s any questions on specific ones I mean they’re pretty straight forward we have $107,000.00 to police comp, $68,000.00 fire comp, $59,000.00 police overtime, $59,000.00 street lightings, $16,000.00 gas and oil. I can go on and on. But that’s part 1; section 2 will be appropriated from the unappropriated balance of the state highway fund to $10,000.00 to safety gas & oil, $10,000.00 to safety salary, $10,000.00 to safety PERS, $4,000.00 to safety comp paid. Part 3, we have $15,000.00 to be appropriated from the unappropriated balance of the solid waste fund and this is $15,000.00 to go to salaries and I think this is to pay the recycling person up at the garage up there. This would have been out of a grant I’m sure for recycling. Section 4, $12,000.00 to street PERS, $4,000.00 to street comp and $449.00 to street safety. Section 5, we’ve got $9,627.00 this is just pass through for the museum these are museum funds that we just handle for them. It will going into an account and they can spend it. Section 6, is $2,910.00 from the unappropriated balance of the municipal motor vehicle license plate fund and this is to go for street repairs on the intersection of First Street NE , State Avenue NE and a portion of the 2100 block of Lincoln Way East. 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. 140 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 141 2008 BY: FINANCE COMMITTEE Making certain transfers in the 2008 appropriations from within the General Fund, for the year ending December 31, 2008, of the City of Massillon, Ohio, and declaring an emergency. COUNCILMAN MANSON You can see we’re transferring $45,239.00 and you have a list of the accounts that’s it coming from there and where they are going. It’s to cover needed funds in those lines, so if you have any questions I will try to answer them otherwise I’m going to requesting that we waive the rules. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Herhser. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 141 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 142 2008 BY: FINANCE COMMITTEE Adopting the Community Development Department Procurement Policies as recommended by the State of Ohio Auditor’s Office, and declaring an emergency. COUNCILMAN MANSON Yes, these are as we explained at the last committee session and now Mr. Mang kind of touch on this in his part there. These are procurement policies I think the way you would describe it we had procedures that we were doing but the state audit committee made recommendations that we passed by an ordinance procurement policies. So if there’s any misunderstanding about how these are paid or what is paid what qualifies that we would have the policy to fall back on. Mr. Stergios, you had some questions about this and you feel kind of uncomfortable with it. If you would just state that for all of us here and if you want to we will table this for a session and have a little more research into it some discussion at the next committee meeting. LAW DIRECTOR STERGIOS – Mr. Manson, as to Ordinance No. 142 I guess I defer to Aane maybe that one is correct but the following Ordinance No. 143 really doesn’t make any sense to me and I would like to look into it further so if you want to do them. COUNCILMAN MANSON They explained it we had two separate ones, community development is federally funded so I’m assuming that’s why we have your procurement policy for you and its my understand we did have procedures we were following and they were probably pretty close to this. If anybody would like to bring up more to discuss it. Perry had a couple problems with both of them he says this one he doesn’t have a problem with. So I would just assume that we move ahead on it. If you look in your everybody should have gotten this thing from the State of Ohio and in it explains some of the things that they pointed out to us and really we had a very, very good audit. At the end they only had like three recommendations on these procurement policies. They didn’t have problem with how we doing it they recommended they didn’t say we had to do it they recommended we put a policy in there and do it that way. 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. 142 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 143 2008 BY: FINANCE COMMITTEE Adopting the Procurement Policy as recommended by the State of Ohio Auditor’s Office, and declaring an emergency. COUNCILMAN MANSON Yes, this is the one that the law director had some questions on it. He was questioning the language in section 2 and he also was looking at if you go to the second page the first part there on the second page where we talked about A102 of the common rule and he would prefer to take a little time to research that a little more to make sure we’re doing the right thing. LAW DIRECTOR STERGIOS – That’s correct, I would assume to just give it first reading. COUNCILMAN MANSON Alright, first reading. ORDINANCE NO. 143 – 2008 WAS GIVEN FIRST READING. ORDINANCE NO. 144 2008 BY: FINANCE COMMITTEE Establishing the City’s Administrative Travel Policy for the employee’s reimbursements from the City of Massillon, and declaring an emergency. COUNCILMAN MANSON I think this pretty much spells out some of the things that we are trying to put controls on. We put a maximum of $35.00 a day reimbursement for meals. It just explains how we handle the different things the mileage and travel you know flyer miles and all that stuff. I would ask the law director how do you feel about this. LAW DIRECTOR STERGIOS – This one’s fine. 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. 144 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 145 2008 BY: FINANCE COMMITTEE Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, prepare plans and specifications, advertise for and receive sealed bids and enter into a two year contract, upon award and approval of the Board of Control, with the lowest and best bidder for laboratory services at the Wastewater Treatment Plant in the City of Massillon, and declaring an emergency. COUNCILMAN MANSON The way I understand this we have services that we go outside for testing certain things that have to be certified. That’s what we’re doing here we have a procedure we’re going out for bids for a two year contract I think the engineer can probably help us out if we have any questions. I think its pretty straight forward. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Herhser. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 145 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 146 2008 BY: FINANCE COMMITTEE Approving the current replacement pages to the Massillon Codified Ordinances. and declaring an emergency. COUNCILMAN MANSON I think this is another one this one is pretty much self explanatory. We have changes in the codified ordinances and we have to pay somebody for seeing those changes are put into our ordinances. Probably our Clerk could answer that question better than anyone else here if anyone has 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. 146 – 2008 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. 7. UNFINISHED BUSINESS 8. PETITIONS AND GENERAL COMMUNICATIONS 9. BILLS, ACCOUNTS AND CLAIMS A. REPOSITORY - $638.29 COUNCILMAN MANSON I move that we pay the bill, seconded by Councilman Hersher. Roll call vote 9 yes to pay the bills. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY REPORT FOR OCTOBER 2008 COPY FILE COUNCIL PRESIDENT GAMBER Thank you, we will of course file all of those reports. 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regarding committee reports next week will be a short week city offices will be closed Thursday and Friday. So hopefully we will get most of the legislation requests in by Wednesday and then on Monday, December 1st which is the date of our next council meeting the Clerk will try to get the agenda out to you as quickly as possible on that Monday. So keep that in mind. COUNCIL PRESIDENT GAMBER Are there any resolutions or requests from committee members? COUNCILMAN MANSON I would just like to say on finance that the Mayor’s off this week but Mrs. Ferrerro is sick tonight she’s not here. But there will be a meeting and this will be just with them the auditor’s office is going to meet with somebody from the Mayor’s office discussing the budget on Thursday. I would like to try to get something to talk about next Monday, but it’s we have a one day window in there next Monday. So I don’t know if we’re going to be able to accomplish that right there and we have people going all over the place on vacation and stuff next week. But work is being done on it. I got some information today that I will see that it will gets to everybody. That’s all I can tell you right now. COUNCIL PRESIDENT GAMBER Alright, I will remind everyone that Ted Miller from Imaging 2000 will be here next committee session when that session is over he has a presentation anybody who has any questions or any concerns about our email package he will be here to go over that. I hope everyone will stick around for that. I might mention too with the month of December we have an early second meeting December 15th is our last meeting. There’s vacation days and a number of days that offices will be closed so if anyone is thinking in terms of special council meetings or anything like that let’s try and get that done early rather than wait till the last minute. Is there anything else regarding committees? 13. CALL OF THE CALENDAR 14. THIRD 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 Earlier this evening Councilman Maier and myself both had conversations with Mr. Oser and in the conversations he asked that his request be withdrawn. We have had some conversations with the law director and at this stage I don’t know exactly where we are. This piece of legislation maybe over with tonight just on the sure fact if I move to table it until our next council meeting that may end up being the thoughts of the law director. But until then I am going to ask that we table it and in the meantime we must have a letter from Mr. Oser stating that he wished to have this withdrawn. Now we talked to him earlier this evening it was impossible for him to be here to present that letter. So I will have that letter at our next work session but the determination really to what happens with this piece of legislation will ultimately end up with the law director. But for tonight I would at least like to get that the law director’s opinion and so I would like to table this piece of legislation until our next council meeting. COUNCIL PRESIDENT GAMBER Let me hold off on taking the motion are you calling the law director forward? COUNCILMAN MANG No, I’m not going to put him on the spot because its something he wants to be certain of what he’s going to do. COUNCIL PRESIDENT GAMBER Alright, we do have a question from Mr. Peters. COUNCILMAN PETERS I guess my question is I don’t like tabling things and I don’t know we wouldn’t just go ahead and vote on it because its my perception that its not going to pass anyway and we clear it out of here. What would make the difference if it doesn’t pass anyways? COUNCILMAN MANG Well, we have a request. It’s the same individual who had the request to appeal the decision. So he has a request to withdraw his appeal. Mr. law director? LAW DIRECTOR STERGIOS – I would we discussed this a little bit before the meeting started but the Board of Zoning Appeals denied the variance on September 11, 2008 I’ll get to the point here quickly. Mr. Oser appeals that decision in writing on September 18, 2008 and then based upon what Mary Beth and Mr. Mang have given to me it was referred to council on September 29, 2008. So that would be when the clock starts ticking under our zoning code 1129.09 says that and I’ll paraphrase within 60 days of when its been referred to council we have to act and if we don’t act then the decision of the Board of Zoning Appeals stands. So if we use September 29 as the day it starts counting the 60 days if you table it until December 1st its over anyhow because you haven’t acted within 60 days. Whatever that’s worth. Then I also tend if we don’t have it in writing that he intends to withdraw it I wouldn’t count on anything. So maybe Mr. Peters is right just act on it tonight its up to you, you can vote to table it, you can bring it forward for a vote that’s up to you guys not to me. But if you wait till December 1st I think the 60 days has run and you haven’t acted the original decision stands by default. So to confuse you even more. COUNCILMAN MANG The decision to table is not act. LAW DIRECTOR STERGIOS – Right, you haven’t act you either have to within 60 days you may pass by resolution pass by two-thirds of the members revise or modify the decision of the board of appeals. Should council fail to act within such period of 60 days the decision of the board shall be deemed to be affirmed. Tabling it is not acting on it I guess is my humble opinion. COUNCILMAN MANG I don’t doubt what you’re saying Perry I just doubt that the problem that I have is the individual who requested the appeal is the same one who is requesting to be removed or be whatever. LAW DIRECTOR STERGIOS – Not that I don’t believe you and Mr. Maier, but I want it see it in writing before I’m going to deem that any sort of guarantee that he’s withdrawing it. I don’t care if you table it I’m just telling you if you table it… COUNCILMAN MANG The problem I have that is this body has already accepted the word of a person who wished to have legislation withdrawn. That happened upon Hankins Road in that development where I think the Mrs. Ferrante who was and I’m not sure who else was involved but it was coming before council that night for a vote and she called me by phone and requested that it be withdrawn. I brought it to council and made that statement and the next day or the day after that we received a letter from her stating that she wished to have it withdrawn. Whether that is similar or not similar I don’t know. The only thing I want to make sure is that due process happens. That’s all I want I don’t’ want to find out later that we didn’t do due process. COUNCIL PRESIDENT GAMBER I think what the law director is saying is that we can go ahead and table it we can get a letter in writing but by the time we would act on it again in his opinion the 60 day window is up. Are you ready to accept other questions or do you still want the floor Mr. Mang? COUNCILMAN MANG No, if we’re out of time, we’re out of time. So lets bring it up for vote. COUNCIL PRESIDENT GAMBER Alright, I’ll start over here Mr. Hersher, you had you’re hand up? COUNCILMAN HERSHER Well, its actually sounds like Mr. Mang it may all be academic but I agree with Councilman Peters in that I think we should put it to a vote this evening. We’ve had it since October 6th there have been residents that have consistently come to the meetings to find a resolution a closure on this one way or the other. So I think we owe it to them to just go ahead and put it forward for a vote this evening. COUNCIL PRESIDENT GAMBER Mr. Manson? Mr. Townsend? COUNCILMAN TOWNSEND I agree with Councilman Peters, you know I think its unfair for the people who have been coming here not just since October 6th but I believe since what 2006, 2005? If we table it eventually its going to resurface and then we’re going to have to deal with again. I think we put it out there we vote on it and I agree with Councilman Peters I think it will not pass but I think we need to quit playing with it and put it on the table and see what happens. It is totally unfair for these folks to continue to come out here dealing with Carl Oser. You know I supported Carl on that last Lincoln Way zone but I tell you what I think Carl has just received his last support from me. Because I have done had it I think we need to put it out there and see what happens. COUNCIL PRESIDENT GAMBER Alright, Mr. Mang, we’re back to you. COUNCILMAN MANG I request council to vote on Resolution No. 21. COUNCIL PRESIDENT GAMBER Alright, this is third reading so we don’t need to suspend is there a second on the motion? Seconded by Mr. Hersher. COUNCILMAN MANSON Could I ask a question before we go on? COUNCIL PRESIDENT GAMBER You may. COUNCILMAN MANSON We are voting to uphold the action of the zoning board so it would be a yes vote to uphold their action or do we want to vote no. I want to make sure. COUNCIL PRESIDENT GAMBER Madame Clerk, would you please read the title of the ordinance? COUNCIL CLERK MARY BETH – A resolution 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 PETERS Never mind. COUNCIL PRESIDENT GAMBER A yes vote reverses the decision, a no vote upholds the decision. Is everyone clear? COUNCILMAN MANG – moved to bring Resolution No. 21 – 2008 forward for a vote, seconded by Councilman Hersher. RESOLUTION NO. 21 – 2008 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO, 1 YES. MANG VOTED NO. .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN MANG – I move that we adjourn, seconded by all.
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