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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 19, 2007. We have in attendance with us this evening: Mayor Francis Cicchinelli, Auditor Bill Hamit, for the law director we have Bob Zadell, Engineer Keith Dylewski and in the audience is a member of the Recreation Board Moe Rickett. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Tim Bryan, Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 9 present. 2. INVOCATION COUNCILMAN MCCUNE – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN MCCUNE– Chairman of the Public Utilities 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 DAVE KIRVEN – I’m the business agent for plumbers and pipe fitters local 94, Canton, Ohio. I live in North Canton I want to speak on behalf of Ordinance 101 the PLA responsible contractors standards. I sent an email to Mr. McCune today late this afternoon, but it was really towards the whole city council it was the only email I could find. But I’m not a very good public speaker so I’m just going to read it right off. COUNCIL PRESIDENT GAMBER Thank you. Mr. Kirven, is that something you’d like to give us to keep with the record or where you just referencing that? DAVE KIRVEN – You can have it. COUNCIL PRESIDENT GAMBER Pass that forward, please? Thank you for your comments is there anyone else who would like to speak to an item on the agenda please come forward at this time. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 127 2007 BY: COMMUNITY DEVELOPMENT 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 contract with the highest bidder, for the sale of approximately 51 acres located at the Legends Golf Course, in the City of Massillon, Stark County, Ohio and owned by said city, which are not needed for any municipal purpose, and declaring an emergency. COUNCILMAN MANG Since I was not able to make the work session last Monday night I prefer to open this up in a form of questions regarding this proposal. Since we have the Mayor here members of council are you in a position that you feel that you wish to vote on this? Are you in a position where you would like to further discuss this issue? COUNCILMAN MANSON I don’t know how much you want to get into discussing this tonight. I mean this could be a long lengthy conversation. Personally I would prefer if maybe we would wait one more session if we don’t have to move immediately. It just give us a little time to have some questions and maybe come up with some of own. I know that I looked at the plan and layouts and stuff but I haven’t really looked at it that close yet. That’s just what I would prefer personally. COUNCILMAN PETERS I just would like to reiterate what Paul just said. I mean I just now seen these plans when I came in. So I haven’t had time to look them over. COUNCILMAN MANG That’s pretty much what would have been my recommendation if no one had come forward. Because it is quite lengthy and in my case I have to go and see. I’m not a golfer and the few times I’ve been I really never been out on the course. But all of that taken into consideration we’ll give it first reading. ORDINANCE NO. 127 – 2007 WAS GIVEN FIRST READING. COUNCIL PRESIDENT GAMBER Mr. Bryan, did you raise your hand at the last moment? COUNCILMAN BRYAN Yeah, I’m sorry but in the one that was circulating today at the Park & Rec. Board meeting there was a stipulation for a minimum bid amount. It doesn’t seem to be in our ordinance that there would be a minimum bid amount. COUNCIL PRESIDENT GAMBER Mr. Bryan, if you would why don’t you take just a moment and explain what you’re talking about. COUNCILMAN BRYAN Well, I’m looking at Ordinance No. 127 is that ordinance we’re considering? At the rec. board meeting today which was held at 11:30 which was attended by 4 of the 5 rec. board members. They had a sample ordinance which was read and they did vote 4 to nothing in favor of recommending that we go ahead with this ordinance. But in the one that we looked at today there was an item stating there would be a minimum acceptable amount for the land. I can’t remember the number but it was in the neighborhood of the Mayor’s telling me it was $48,000 per acre. I don’t see that language in 127 and I’m just wondering if there’s a good reason for that or maybe it should be inserted. COUNCIL PRESIDENT GAMBER Mr. Mang, as long as you’re aware of that you can include that for next Monday’s discussion. COUNCILMAN MANG We’ll go through that and see if that’s the intent to put that language in there and if that be the case it will certainly be there. COUNCIL PRESIDENT GAMBER Alright, now we have this first reading so lets not too much further into it. Mrs. Catazaro-Perry? COUNCILWOMAN CATAZARO-PERRY Mr. Manson also talked about at the work session that he wanted to see an option in here where we could not accept the bid and the way I read this as well it says that it would go to the highest bidder. So I don’t know if council wants that in there or not but it was mentioned at the work session. COUNCIL CLERK MARY BETH – It is in the ordinance. COUNCILMAN PETERS Mr. Mang, I would ask by Monday if you could obtain a copy of the minutes of the special meeting held by the Park & Rec. Board today to give us a little bit of information about what was said maybe there and so forth and some of their questions. It would probably help us come Monday. COUNCILMAN MANG I will follow up with that. COUNCILMAN MANSON Section 4, 3 I guess that is in there I didn’t see it myself. ORDINANCE NO. 128 – 2007 BY: RULES, COURTS & CIVIL SERVICE COMMITTEE Authorizing the Director of Law of the City of Massillon, Ohio, to renew a one year contract with the Stark County Public Defender’s Office, for the purpose of providing representation for indigent defendants, and declaring an emergency. COUNCILMAN TOWNSEND – Ordinance 128 is just pretty much authorizing the law department into a one year renewal contract with the Stark County Public Defenders Office. As I stated this is a renewal contract the Stark County Public Defenders Office will offer services to indigent clients who violate city ordinances and the fee is $195.00 its no more, no less from last year. COUNCILMAN TOWNSEND moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 128 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 129 2007 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Vacating a portion of 1st Street NE, and declaring an emergency. COUNCILMAN PETERS We discuss this at our work session on Monday. This is 15 foot wide alley lying between 1st Street NE and 2nd Street NE and running in a north/south direction between McCadden Avenue NE and Willow Avenue NE. This is down where we just passed the zoning change and so forth for Farina’s down on 1st Street. So if there aren’t any questions I’m going to move this forward for passage. COUNCILMAN BRYAN I drove down there and took a look and I didn’t see any pavement where this drawing is. It’s just all dirt right, Donnie? COUNCILMAN PETERS That’s right there’s not any pavement. COUNCILMAN BRYAN But I guess I didn’t think about it until the ordinance was read again tonight and is that really a portion of 1st Street? I mean is that an alley an unnamed alley or something? I guess if I could ask you just let it go for first reading councilman if its not a rush job maybe we should change that language. COUNCIL PRESIDENT GAMBER Mr. Bryan, is correct it does say its portion of 1st Street NE. COUNCILMAN PETERS Alright, we’ll give it first reading. ORDINANCE NO. 129 – 2007 WAS GIVEN FIRST READING. ORDINANCE NO. 130 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Lincoln Center Debt Fund, 1423 South Massillon Trunk Sewer Fund, Wastewater Treatment Fund, 1201 Street Fund, Massillon Museum Fund, Capital Improvement Fund and the General Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY First off I’d like to ask the law director’s replacement for his opinion. There is a it was brought to my attention this evening that the account number is incorrect on section 3. If we can call that a typo I can give you the correct account number, if not we need to amend the agenda whatever your opinion is. COUNCIL PRESIDENT GAMBER We can do that without calling Mr. Zadell forward. If you would give us the correct number we can insert that and call it a typo. What section? COUNCILWOMAN CATAZARO-PERRY Section 3, where it says “$25,000 to an account entitled South Massillon Sanitary Trunk Sewer Project” that 1423 should be stricken and the correct number is 2101.610.2515. COUNCIL PRESIDENT GAMBER Alright, if you would do that one more time more slowly with the periods. COUNCILWOMAN CATAZARO-PERRY 2101.610.2515. COUNCIL PRESIDENT GAMBER Everyone have that change? Alright and that is a typo. COUNCILWOMAN CATAZARO-PERRY Great, section 1, we’re going to appropriate from the Lincoln Center Debt Fund $79,000 to an account services/contracts and this is to pay the bond sales fees. Section 2, we’re going to appropriate from 1423 South Massillon Trunk Sewer Fund $76,391.74 to the account South Massillon Sanitary Trunk Sewer Fund. Section 3, we’re going to appropriate from the Wastewater Treatment Fund $25,000 to the account entitled South Massillon Sanitary Trunk Sewer Project. Section 4, we’re going to appropriate from 1201 Street Fund $24,000 to an account entitled OPWC this is for two extra expenses on the 27th Street/Jackson Avenue Project and $19,500 to an account entitled Street Resurfacing and this is to resurface Postal Place, Charles SE, Federal Avenue, Ray Avenue, Diamond Ct SE, Erie Street SE and First Street SE. Section 5, we’re going to appropriate from the balance of the Massillon Museum Fund $10,001.76 to an account entitled Massillon Museum Holding Account. These dollars are from the levies monies that we collect from the county and its just a pass through to them. Section 6, we’re going to appropriate from the General Fund $3,000 for services/contracts and this money is needed for the Johnson Central, Johnson Control Company to fix the leak in the condenser. They had to replace the refrigerant also about $1,600. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 130 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 131 2007 BY: FINANCE COMMITTEE Making certain transfers in the 2007 appropriation from within the 1409 Municipal Road Fund to the 1201 Street Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 131 – 2007 we’re going to be transferring from the 2007 appropriation from the 1409 Municipal Road Fund to the 1201 Street Fund $125,000. This is for the Cherry Road Project. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 131 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 132 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the Municipal Road Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY In this Ordinance 132 – 2007 we’re going to appropriate that $125,000 from the Municipal Road Fund to an account entitled Advanced To. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 132 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 133 2007 BY: FINANCE COMMITTEE Repealing Ordinance No. 166 – 2006, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY In Ordinance No. 166 – 2006, we’re going to be repealing this ordinance. Which we’re going to take the money that we were depositing from the Inheritance Tax to the Capital Improvement Fund and put that back into the General Fund. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 133 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 134 2007 BY: FINANCE COMMITTEE Authorizing the Auditor of the City of Massillon, Ohio, commending January 1, 2008, to deposit revenue from the Inheritance Tax to the Capital Improvement Fund in a special account, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 134 says just that. Beginning January 1, 2008 we’re going to put the Inheritance Tax back into the Capital Improvement Fund just as we had done this year. So it will begin again January 1, 2008. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Bryan. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 134 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 135 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the General Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 135 in section 1 we’re going to appropriate from the balance of the General Fund $242,000 to the account entitled Police Comp Paid. $202,943.18 for Police Overtime Paid. This is the reason why we transferred our money from the Inheritance Tax going to the Capital Improvement Fund back to the General Fund so that we can pay our comp and overtime for these departments. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 135 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. ORDINANCE NO. 136 2007 BY: FINANCE COMMITTEE Making certain transfers in the 2007 appropriation from within the General Fund, for the year ending December 31, 2007, and declaring emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 136 in section 1 we’re going to transfer from the 2007 appropriation from the General Fund from fire, hospital, eye, dental $21,056.82 to police overtime paid $21.056.82. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 9 yes. ORDINANCE NO. 136 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 9 YES. RESOLUTION NO. 16 2007 BY: FINANCE COMMITTEE A resolution requesting the Stark County Auditor to certify to the City of Massillon the total current tax valuation of the city and the number of mills required to generate a specified amount of revenue or the dollar amount of revenue that would be generated by a specified number of mills, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY This Resolution No. 16 is to have the Massillon Museum levy placed on the ballot. What this will do for the average homeowner of about $100,000 home will charge or increase their taxes to about $30.00 comes out to about $2.50 a month. Their levy expires in 2008 this is a replacement of the tax it does increase the resident’s tax of about $30.00 a year. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 9 yes. RESOLUTION NO. 16 – 2007 WAS GIVEN FIRST READING. 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 OCTOBER 2007 COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER Regular committee sessions will be next Monday the 26th starting at 5:45pm. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILWOMAN CATAZARO-PERRY I did call a finance committee meeting for December 19th at 5:45pm that’s a Wednesday to review the budget. So I just wanted to I know Mary Beth sent it out on email but I just wanted to make sure everyone received that. COUNCILMAN MANSON – Yes, I got your email saying that you wish to have a meeting after our what our December 3rd meeting. (Yes) Would you like to expand on what you intend to do? COUNCIL PRESIDENT GAMBER Strictly, an organizational meeting we have some awkward dates at the end of the year as far as Christmas and New Year’s. So we need to figure out when we would like to have our last committee work session. Mrs. Catazaro, I’m sure will have issues on the budget, just minor things like that. COUNCILMAN BRYAN – I would like to ask the Mayor to come to the microphone and answer which he answered for me about 5 minutes. So I know he has an answer. Mr. Mayor, your honor sir, when will have the budget from our office? MAYOR CICCHINELLI – The budget is about 80 – 90% complete there’s some things that we’re still working on. So I would feel very confident in saying you’ll have the completed by next Monday. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS (HAD BEEN TABLED FROM SEPTEMBER 17, 2007) ORDINANCE NO. 101 – 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Enacting of the Codified Ordinances of the City of Massillon, entitled Construction Contracts”, to authorize the Mayor to execute a Project Labor Agreement (“PLA”) with the East Central Ohio Building and Construction trades Council (“ECOB & CTC” or “Council”), its successor, for any individual union that is a member of the Council or the Council’s successor, for an Construction Project undertaken by City of Massillon, and declaring an emergency. COUNCILMAN MANG – I yield to Mr. McCune. COUNCILMAN MCCUNE – In regard to this ordinance I as we’ve had a lot of lengthy discussions at the work session last week. I received a phone call the following day from Mr. Mackelfresh instructing me that if I didn’t fully support the PLA that I was to vote no. As you know I have some problems with the residency language I would my goal is to take care of our own and the residency language that I’ve come up that I would like to see inserted in whatever vehicle we come up will provide in roads for citizens of this city. So therefore I personally am going to have to follow Mr. Mackelfresh’s direction and vote no on this resolution we’ll have to start all over again in my opinion. So Mr. Mang. COUNCILMAN MANG – I will accept that and that would be the recommendation as of the committee chairman to bring this forward and to vote no. COUNCILMAN BRYAN – Well, at our work session last week I was hoping that we could get this out for a vote today because I wanted to vote for it. There were a couple of language changes that the engineer, the city engineer had asked for and they weren’t major but I could see his point. It says the bids would come out of the building department and its our practice here in the City of Massillon to bring bids out of the engineering department or request for bids. The other piece of the other small bit of language had to do with when a change order could be done by the Board of Control or it had to come from council. So after our committee meeting Mr. McCune and I worked out the changes in that language and it was my understanding that was going to be typed up and presented as an amendment tonight. So I was prepared to come and vote for that amendment and clean the language up and then we could have an up or down vote on the amended ordinance. But I just wondered what happened to that? COUNCIL PRESIDENT GAMBER Are you asking? COUNCILMAN BRYAN – I’m asking Mr. McCune. COUNCILMAN MCCUNE – And I got a voice mail from Mr. Mackelfresh instructing me that if I did not fully support the PLA as it is written to vote no. I have as everyone knows from day one I wanted to put language in whatever vehicle that would provide first opportunity for the citizens of Massillon and Western Stark County. COUNCIL PRESIDENT GAMBER I think Mr. Bryan was asking specifically about the language changes that you and he discussed. COUNCILMAN MCCUNE – When I got that voice mail I just decided to follow his direction. COUNCIL PRESIDENT GAMBER Mr. Bryan, you have the floor. COUNCILMAN BRYAN – Well, you know I don’t have an amendment to offer because I don’t have the language and I would like to clear the language through the law department. So… COUNCIL PRESIDENT GAMBER Mr. Manson, you had your hand up? COUNCILMAN MANSON – Yes, I just wanted to give an opinion on this. I will be voting no and I just want to give my reason is that there’s been too much confusion around this whole thing I think from the beginning. We’ve talked about this quite awhile and we really haven’t there’s a lot of things we haven’t cleared up. Also I don’t feel that we started out and actually gave our engineering department a fair chance at working on this and helping to contribute some things to the language. So I think because of all that confusion its got nothing to do with Mr. Mackelfresh or Mr. McCune that’s why I intend to vote no. COUNCILMAN MANG – We have been working the engineering department and we have come up with some recommendations. Matter-of-fact, we’re not really, I’m not really certain that those recommendations that we have talked about or something that would need to be put in ordinance form. I think its in talking to the city engineer its something that we can insert in our package. We have looked at it I think its definitely something that I wish to pursue I think Dave has also looked at that and we don’t have a problem in that area. I had made this statement before that I really wasn’t happy with a PLA it’s a blanket. I would much rather see it if its going to happen to happen on a specific project so that we can go through the bumps and the bruisers and the things that may occur. There’s just been too much discussion I guess on all over the fence the benefits and one is speaking benefits, one is speaking not benefits and I’m not really certain what we’re accomplishing. I think the object what Dave brought to us was tried to put forth as much as effort as we could in our contracts to see if we could not employ basically more people the citizens in Massillon or in Western Stark on some of these projects. That was the whole idea and I’m not sure that some of that occurs. But that’s further down the road but I my recommendation is still that we vote no on this piece of legislation. COUNCIL PRESIDENT GAMBER We’ve had discussion would you like to make a motion Mr. Mang? COUNCILMAN MANG moved to bring Ordinance No. 101 – 2007 forward for its passage, seconded by Councilman McCune. ORDINANCE NO. 101 – 2007 WAS DEFEATED BY A ROLL CALL VOTE OF 8 NO, 1 YES. BRYAN VOTED YES. .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 MCCUNE – I move that we adjourn, seconded by all.
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