MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, NOVEMBER 19, 2012 

COUNCIL PRESIDENT GAMBER B I'd like to welcome all of you to Massillon City Council for Monday, November 19, 2012.  We have a number of city officials with us this evening Mayor Catazaro-Perry, Safety Service Director Maier, Law Director Stergios, Pat Pentello and Debbie Bonk from the auditor’s office, Park and Rec. Superintendent Straughn and Health Department Commissioner Argent.  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:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa, Larry Slagle and Tony Townsend.

Thus giving a roll call vote of 9 present.

2. INVOCATION

COUNCILMAN TOWNSEND  B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILMAN TOWNSEND – Chairman of the Streets, Highways, Traffic & Safety 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

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 123 - 2012                    BY:   HEALTH, WELFARE & BUILDING REGULATIONS

Amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – HEALTH DEPARTMENT of Ordinance No. 127 – 1997 by amending Section 2(D) OCCUPATION LIST OF CLASS TITLES – HEALTH DEPARTMENT; and adding a 16S position classification under said section, in the City of Massillon, Ohio, and declaring an emergency.

COUNCIL PRESIDENT GAMBER – Mrs. Halter?

COUNCILWOMAN HALTER – Thank you, Mr. Gamber.  We discussed this Monday night at the work session.  The health board had a meeting and approval was given to request city council approve a 16S grade class for the position of environmental health director.  This position is being required by the Ohio Department of Health.  In order for the city to receive their state subsidy money the current sanitarian will be promoted to this position.  No general fund money will be used for this.  If there are no questions tonight then I will be asking to suspend the rules. 

COUNCIL PRESIDENT GAMBER – Do we have any questions on this ordinance or the position?  Mrs. Halter.

COUNCILWOMAN HALTER moved for suspension of the rules and passage, seconded by Councilman Townsend.

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

ORDINANCE NO. 123 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 124 - 2012                    BY:   PARKS AND RECREATION COMMITTEE 

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to advertise for and receive sealed bids, for the lease/purchase of two (2) pick up trucks for the Massillon City Parks and Recreation Department, and declaring an emergency.

COUNCIL PRESIDENT GAMBER – Mr. Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President.  I’d like to ask Mr. Straughn to come forward. 

COUNCIL PRESIDENT GAMBER – Mr. Straughn?

COUNCILMAN SLAGLE – Thank you, Mr. Straughn, could you just explain the need for these two trucks and why that need is pressing and we need to get this out for bid as soon as possible?

PARKS AND RECREATION SUPERINTENDENT STRAUGHN – Certainly, for those of you who don’t know the fleet in the parks and recreation department is really fairly old.  I mean talking back ’96, ’97 vehicles.  We’re down to actually about three vehicles right now and some of them are really in need of disrepair.  So this has been something we’ve been looking at for awhile.  The recreation board actually approved the passage for four (4) vehicles.  I sat down with Director Maier and said “you know maybe it’s more prudent at this time we’ll just get the two (2)”.  We’ll get them out to bid and then in 2013 based on my conversation this morning with the law director that we can go on the state bid for the other two (2) after the first year going into the first quarter of next year.  So these trucks will be set up all with plows and dump beds and they’re critically needed if we had a snow tonight the parks is not in a position to go plow any snow at all the rec. center parking lot or the parking lots of any of the parks. 

COUNCILMAN SLAGLE – And per yourself and the rec. board these funds are available for and budgeted for the purpose of leasing these vehicles?

PARKS AND RECREATION SUPERINTENDENT STRAUGHN  – Well we worked with Pat Pentello on that she said there’s money there so we’re going to do it.  We’ve got to move some money around the budget for 2013 but its really the strategy is to start over and if we can get these four (4) vehicles its a good corner stone along with some other equipment some mowers and things in the park.  So we can get into a normal cycle that after five (5) years once we own these trucks the idea is to keep money in the budget so that we’re constantly replacing them.  Then we can cycle vehicles out so that we’re not getting caught up in all the maintenance cost and repair cost and things. 

COUNCILMAN SLAGLE – Any other any questions?  Thank you, Mr. Straughn.

COUNCIL PRESIDENT GAMBER – Are there any other questions at all on the ordinance?  Mr. Slagle?

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

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

ORDINANCE NO. 124 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 125 - 2012                    BY:   FINANCE COMMITTEE 

Making certain appropriations from the unappropriated balance of the General Fund, Fire Pension Fund, Police Pension Fund, Parking Enforcement fund, Bond Retirement Senior Housing Debt Fund and the Employee Insurance Fund, for the year ending December 31, 2012, and declaring an emergency.

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  First section of this ordinance appropriate from the unappropriated balance of the General Fund for the year ending December 31, 2012 the following: $90,765.53 to an account entitled Salary FEMA Safer Act Grant, $22,043.20 to an account entitled Hospital/Eye FEMA Safer Grant, $21,783.74 to an account entitled Disability Pension, $3,334.36 to an account entitled Workers Comp FEMA Safer, $1,316.09 to an account entitled Medicare FEMA Safer Act.  Section 2 appropriate from the unappropriated balance of the Fire Pension Fund for the year ending December 31, 2012 the following: $101,611.82 to an account entitled Fire Pension.  Section 3 appropriate from the unappropriated balance of the Police Pension Fund for the year ending December 31, 2012 the following: $99,752.49 to an account entitled Police Pension.  Section 4 appropriate from the unappropriated balance of the Parking Enforcement Fund for the year ending December 31, 2012 the following: $5,000 to an account entitled Services and Contracts.  Section 5 appropriate from the unappropriated balance of the Bond Retirement Senior Housing Debt Fund for the year ending December 31, 2012 the following: $2,337.50 to an account entitled Debt Retirement Senior Housing Interest.  Section 6 appropriate from the unappropriated balance of the Employee Insurance Fund for the year ending December 31, 2012 for the year ending December 31, 2012 the following: $1,000 to an account entitled Employee Insurance. 

COUNCIL PRESIDENT GAMBER – Are there any questions?

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

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

ORDINANCE NO. 125 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 126 - 2012                    BY:   FINANCE COMMITTEE 

Reducing the appropriations in the Massillon Museum Fund and the Bond Retirement Park & Rec. Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Two (2) sections to this ordinance.  The first section the appropriations are hereby reduced in the Massillon Museum Fund for the year ending December 31, 2012 as follows: $5,338.27 from an account entitled Massillon Museum Holding Account.  Section 2 appropriations are hereby reduced in the Bond Retirement Park & Rec. Fund for the year ending December 31, 2012 as follows: $1.00 from an account entitled Bond Retirement Park & Rec. Fund.  Any questions?

COUNCIL PRESIDENT GAMBER – There don’t’ seem to be any questions your motion please?

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. 126 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 127 - 2012                    BY:   FINANCE COMMITTEE 

Making certain transfers in the 2012 appropriations from within the General Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCILMAN PETERS – Thank you, Mr. President.  These transfers from within the General Fund section 1 transfer from the 2012 appropriation from within the General Fund for the year ending December 31, 2012 the following: Health Insurance $9,550, Garage Supplies and Materials $4,000, Workers Comp $2,927.79, Annexation Fees $3,572.21 and of course we’re transferring them to Health Insurance $9,550, Police Central Dispatch $1,896, Supplies and Materials Land & Building $2,104 and Contracted Services $6,500.  That’s it.

COUNCIL PRESIDENT GAMBER – Any questions on these?  Mr. Peters?

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

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

ORDINANCE NO. 127 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 128 - 2012                    BY:   FINANCE COMMITTEE 

Making certain transfers in the 2012 appropriations from within the General Fund, for the year ending December 31, 2012, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Section 1 it only has one (1) section there be hereby is transferred from the 2012 appropriation within the General Fund for the year ending December 31, 2012 the following: from Revenue Sharing $35,000.61 to Salary – Law Director Staff $35,000.61. 

COUNCIL PRESIDENT GAMBER – Is there any questions on this ordinance?  Your motion please?

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. 128 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 129 - 2012                    BY:   FINANCE COMMITTEE 

Amending Ordinance No. 44 – 2012 by revising the 2012 budget, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Mr. President, I got a question.  (Yes)  This is the one where we want to note that the change or do we or do I…

COUNCIL PRESIDENT GAMBER – Just make a note so that its in the record and if council members understand it.

COUNCILMAN PETERS – Okay, before I read the ordinance or the ifs of this thing on the first page in section 2 the fifth line down on the original ordinance or whatever if you got a copy of it like on Friday it would have said 0.  That was more or less a typo I guess the clerk may get mad at me but it wasn’t her typo so should it say $2,208.33.  Everyone I believe has a copy of it and it is on the ordinance that we’re passing here tonight.  So I just want to make a mention of that.  Okay, moving forward the following provisions is hereby inserted to Ordinance No. 44 – 2012 $596,914 from the General Fund to the Fire Pension Fund, $513,808 from the General Fund to Police Pension Fund, $313,770 from the General Fund to the Lincoln Center II Debt Fund, $198,006.26 from the General Fund to Lincoln Center III Debt Fund, $2,208.33 from the General Fund to Senior Housing Debt, $24,631.46 from the General Fund to the OPWC Debt Fund, $6,461.86 from Unclaimed Fund to General Fund. 

COUNCIL PRESIDENT GAMBER – Are there any questions?  Mr. Peters, your motion?

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

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

ORDINANCE NO. 129 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). TREASURER SUBMITS MONTHLY REPORT FOR OCTOBER 2012 B COPY FILE.

COUNCIL PRESIDENT GAMBER – We do have one (1) report from city official that’s the treasurer’s monthly report that will be filed. 

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT GAMBER – As far as committee reports committees will meet again next Monday the 26th.  I’ll remind everyone as I did in an email in December there are five (5) Mondays so the fifth is the second work session would be New Year’s Eve if you want to address that before we get there that would be great.

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

COUNCIL PRESIDENT GAMBER – Are there any report, request or resolution from anyone on council? 

13.  CALL OF THE CALENDAR

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 111 - 2012                    BY:   RULES, COURTS & CIVIL SERVICE COMMITTEE

Amending CHAPTER 121 “COUNCIL” of the Codified Ordinances of the City of Massillon, by deleting Section 121.02 (r) Rule 73 “Unclassified Rules”, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Ms. Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  The last two (2) work sessions I don’t believe anyone had any comments whatsoever at least on this particular rule of deleting it.  So unless anyone has any overwhelming opinion on it tonight I would like to make a motion to suspend the rule requiring three readings and bring Ordinance No. 111 forward for its passage.

COUNCILWOMAN SCASSA moved for suspension of the rules and passage, seconded by Councilman Lewis.

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

ORDINANCE NO. 111 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 112 - 2012                    BY:   RULES, COURTS & CIVIL SERVICE COMMITTEE

Amending CHAPTER 121 “COUNCIL” of the Codified Ordinances of the City of Massillon, by enacting a new Section 121.02 (r) Rule 72 “Unclassified Rules”, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Ms. Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  Similar to 111 I don’t believe there was any overwhelming opinion or discussion on this.  This particular rule pertains to home telephone lines I would just ask if and in conjunction with the new amended rule if its passed tonight please make sure that the clerk has your current phone number on file.  We did discuss some different ways that we can get council members telephone numbers out there to the public.  But just make sure the clerk at least has your most current telephone number on file as per the ordinance if passed tonight. 

COUNCILWOMAN SCASSA moved for suspension of the rules and passage, seconded by Councilman Lewis.

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

ORDINANCE NO. 112 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

ORDINANCE NO. 120 - 2012                    BY:   FINANCE COMMITTEE 

Authorizing the Director of Public Service and Safety and the Mayor of the City of Massillon, Ohio, to enter into a three-year contract with the Board of Trustees of Local Organized Governments in Cooperation (LOGIC) for fire dispatching services with the Regional Emergency Dispatch for the Massillon Police Department, and declaring an emergency.

 

COUNCIL PRESIDENT GAMBER – Mr. Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This of course is the renewal of a contract with the Red Center but I have to first of all make a motion to amend this ordinance.  Everyone should have gotten a copy of the what we’re adding we’re adding a whole page what it is it’s the contract for the fire department.  Because from the way I understand it and we can call somebody up to confirm what I’m saying.  There’s a police part of the contract and there’s a fire part of the contract and the fire part of the contract was not in the original ordinance. So we want to add this whole page and contract to this ordinance. 

COUNCIL PRESIDENT GAMBER – Would you like to call anyone up?

COUNCILMAN PETERS – Well, if anybody has any questions or…

COUNCIL PRESIDENT GAMBER – Are there any questions on the addition to the contract here for the fire department?  Mr. Chovan?

COUNCILMAN CHOVAN – Yeah, could I have Mr. Maier come up please?  Just one question about one of the paragraphs underneath of the pricing of this contract says this agreement will be modified should there be a change in the population due to a change in LOGIC membership.  Does that mean that if somebody that is part of LOGIC drops out that those costs then are shared among the remaining people so the cost could go up? 

SAFETY SERVICE DIRECTOR MAIER – It could but its more likely that somebody would opt-in there are several communities that have expressed an interest to opt-in to the LOGIC which would lower the cost for everybody in the LOGIC.  So…

COUNCILMAN CHOVAN – Would it lower the pricing up above there for 2013, 2014, 2015 if that happened?  That’s the way I’m reading this that’s why I wondered…

SAFETY SERVICE DIRECTOR MAIER – Yes, depending on when they would opt-in if somebody would come in at the beginning of the year obviously they you know would look at the numbers.  But you know if they would come in six (6) months then there would be an adjustment.  So yes for that three (3) year period, yes. 

COUNCILMAN CHOVAN – Okay, thank you.

COUNCIL PRESIDENT GAMBER – Ms. Halter?

COUNCILWOMAN HALTER – I just wanted to ask Mr. Maier do you feel that this is still a good price and a good way for us to go rather than go back to doing our own dispatching.

SAFETY SERVICE DIRECTOR MAIER – I do.

COUNCILWOMAN HALTER – Thank you.

COUNCIL PRESIDENT GAMBER – Are there any other questions?  Thank you.

COUNCILMAN PETERS – Okay, we have a motion to amend on the floor…

COUNCIL PRESIDENT GAMBER – We do not.

COUNCILMAN PETERS – Oh, we don’t…

COUNCIL PRESIDENT GAMBER – Do we have a motion?

COUNCILMAN PETERS – Yeah, I made a motion to amend…

COUNCILMAN LEWIS – Nobody seconded it.

COUNCILMAN PETERS – Oh. 

COUNCIL PRESIDENT GAMBER – How about repeating your motion since we got the discussion in with…

COUNCILMAN PETERS moved to amend Ordinance No. 120 – 2012 by adding a whole page to the ordinance which is the fire department contract for the red center.  Seconded by Councilman Manson.

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

ORDINANCE NO. 120 – 2012 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT GAMBER – Thank you, we are now back at first reading, Mr. Peters.

COUNCILMAN PETERS – Okay, it is my intention to give this first reading.  I would normally say we could pass this but it still sounds like there are a few questions about the contract and the length of it and so forth.  So I don’t think its something we have to jump right into I’m not saying its something we shouldn’t pass but it sounds like there’s still some questions.  So first reading on Ordinance No. 120 - 2012

ORDINANCE NO. 120 – 2012 WAS GIVEN FIRST READING.

RESOLUTION NO. 19 - 2012                    BY:   COMMUNITY DEVELOPMENT COMMITTEE 

Reversing the decision of the Massillon Historic Preservation Commission made on August 8, 2012 and again on September 13, 2012 wherein the Historic Preservation Commission denied a request for a Certificate of Approval from the Visconsi Companies Ltd., and declaring an emergency.

 

COUNCILMAN MANSON – Yes, it is my intention to give this second reading.  I just wanted to say that Visconsi will be at next Monday’s committee meeting and making a presentation covering what I guess what they did in the first presentation.  So the pro tem knows that they will be here.  We sent about an hour on it the first night I don’t anticipate taking that long but if we need whatever time we need we’ll take.  So second reading.

RESOLUTION NO. 19 – 2012 WAS GIVEN SECOND READING.

16.  NEW AND MISCELLANEOUS BUSINESS

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

SAM DAUT – 835 Cherry Rd NW.  I’d like to start by I don’t really know how to address this.  I’ve been driving up and down Lincoln Way and seeing the total destruction of a road that was put in there less than three (3) years ago.  And it how comes about that a gas company can come in here and literally destroy what was put in and they could have put the infrastructure in from the beginning.  I want to know is are they going to just repair the road or are they are going to replace it.  If they’re just going to repair it how does that come about?  I mean where is the where is it the fact that we’re wasting our tax dollars to let somebody decide when they want to put something in when they had more than enough opportunities to do it when the road was tore up?  I was told that they were given that opportunity.  The only reason I’m just asking somebody here on city council how does something like this happen.   Can anybody answer me?  You sit on the environmental committee can you answer me how that happens?  That’s your ward isn’t?  Look people have been the residents are now have been disrupted again not only that let alone the businesses.  It’s like I mean can you imagine now I hope I would hope that down here on First Street that you just basically redone First Street I don’t know I wasn’t paying attention I didn’t get on there I would hope that somebody would have done the infrastructure work on that or the city engineer would have given these people basically the opportunity to go in there and if he has and they haven’t then why isn’t there some kind of a legal thing that where they have to come in and not just repair it replace that.  I don’t know did they put gas lines in on First Street? 

COUNCIL PRESIDENT GAMBER – Well, I Sam I don’t know what they were offered before the construction but I’m quite certain that if there is a performance bond that they post the city does inspect after the work if its not done properly then that is made whole by the money that they put up. 

SAM DAUT – But do you think that’s almost a travesty to watch something that we have to sit and look at now until that road is resurfaced again?  I mean do you want to sit there look at all those patches on that road?  I mean you talk about total just disrepair a lot of things that are going on in your vehicles to me that’s almost just unbelievable the fact that somebody is not going back after these companies and telling them that you need to have to replace this road.  I mean I don’t know nobody just addresses that.  I mean is this something that you’re just going to let go that everybody in the community has paid all these millions dollars the power company came in and did their share.  Everybody else has and I was told that they were given the opportunity.  If they chose not to do it why would you let them go in there and do this?  I mean its not an emergency I mean was there….

COUNCIL PRESIDENT GAMBER – I don’t know yeah I don’t know what they were told originally. 

SAM DAUT – Well, you should ask your city engineer and I mean you really should start addressing things like that because I don’t think I don’t think the tax payers in this community should be paying for something twice.  I think its sad that people have to go out there and look at that now and I mean its just total disruption.  It’s sad. 

COUNCIL PRESIDENT GAMBER – Well, we’ve got the public utilities chairman, the streets and highways, the administration so…

SAM DAUT – Well, they need to address the problem now. 

COUNCIL PRESIDENT GAMBER – Thank you. 

PERRY STERGIOS – 1241 Burd Avenue.  I didn’t get the opportunity we just found out Friday that the and I want to the administration and council that we did get our domestic violence grant for next year.  I didn’t even tell Pat yet I don’t think so that’s at least one good sign that they renewed our grant and its about it’s the same one we’ve had for a number of years but everyone was afraid that they would drop us because they tend to give it to you for four (4) years and then skip a couple.  So I thought I would tell you that because otherwise I’d forget if I’d let another day go by.  Thank you.

COUNCIL PRESIDENT GAMBER – Is there anyone else who would like to address council? 

18.  ADJOURNMENT

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

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
GLENN E. GAMBER, PRESIDENT

 

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