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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 20, 2006. We have in attendance with us this evening: Mayor Cicchinelli, Law Director Stergios and Auditor Hamit. 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, and Donnie Peters. Thus giving a roll call vote of 8 present. COUNCILMAN BRYAN We got word through the Clerk that Councilman Townsend is in Michigan. His mother is ill and he is up there with her. So we’ll move to excuse him and also keep him in our prayers tonight, seconded by Councilman Manson. Roll call vote of 8 yes to excuse Councilman Townsend. 2. INVOCATION COUNCILMAN BRYAN gave the invocation for the evening. 3. PLEDGE OF ALLEGIANCE COUNCILMAN BRYAN Chairman of the Parks and Recreation 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 TOM FERRERO – I’m a lawyer in Massillon. My business address is 46 Federal Avenue NW in Massillon. I’m here and representing Oscar’s Towing of Massillon, LLC. I’d like to speak to you on Ordinance No. 169 – 2006. The ordinance deals with response time by towing companies or tow trucks to calls from the Massillon Police Department. Basically the ordinance is changing the suggested response time from 20 minutes to 15 minutes. On behalf of my client we’d like to object to that change and basically because state highway patrol and the sheriff department currently use the 20 minute response time as well as other law enforcement agencies in our surrounding areas. But I think the state highway patrol and the sheriff department would be significant and if they can use a 20 minute timeline I think that’s something the city should consider. It seems like 15 minutes might be a little quick at time and might cause a safety issue with some of the drivers trying to hurry up to make the call on time. I would also like to point out that some of the tracking that’s done my client has not been told specifically of any problem generally he has been told of some problems. I think perhaps in some of my discussions that I can find out so far it seems that the problem is that the law enforcement officers of Massillon is spending to much time at a scene waiting for a response. If that’s the case, I’m not sure that it’s the towing company that’s at fault there and perhaps that whole ordinance Chapter 761 should be taken a better look at if that is in fact the issue. But there are some safety factors and my client’s location is generally at the K-mart area right there and they have timed a response on the west side of town around 23rd Street or there about and from the time they get the call, get the truck fired up and get out there it’s about 13 or 14 minutes and that doesn’t give much more time if its 15. They’re right there so they think it’s more responsible the 20 minutes and I think that 20 minutes was established from some thorough research before you enacted the original ordinance and because of the state highway patrol response time is well as the sheriff and other areas. So just to let you know that my client in particular feels that’s just going to be a little bit too much the 15 minute timeline. He thinks it’s more responsible if we stay with the 20 minute timeline. That’s all I have I don’t know if there’s any questions or not I understand its going to be first reading and probably talk about this the next couple of meetings too. If you have any questions I’m here. JAKE MOHEDAMO – I’m a sophomore at WHS and I live at 518 Bebb Avenue SW. I have a petition for a skate park in Massillon because there’s so many kids getting in trouble for skating in Massillon. They’re trespassing because we have nowhere to skate unless we go over to like Canton and not all of us can find rides there and get the money to go to a skate park. COUNCIL PRESIDENT GAMBER Do you have a petition? JAKE MOHEDANO – Yeah. COUNCIL PRESIDENT GAMBER Alright, if you’d hand that to Mr. Manson in front of you and your name was Josh? (Jake) Jake, have you been involved at all with the Park and Recreation Department with the planning for a skate park? (No) Okay, that would be my first suggestion to you is to call the Park and Rec. Department I know they have an ongoing project to locate and establish a skate park. So perhaps that would give you some faith that the city is moving forward on that. That would give you an opportunity to get involved. Thank you. COUNCILMAN PETERS I didn’t catch his last name. Could you spell that? 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 167 2006 BY: ENVIRONMENTAL COMMITTEE COUNCILMAN MANSON We discussed this at last Monday’s committee meeting. This is a routine easement for sewer both the parties that border this easement area Ben Grigez and the Fibercorr Mills Corporation have signed and approved this. So unless there’s any further questions I will be requesting to waive the rules this evening and move this ahead. COUNCILMAN PETERS My question is for the law director. Mr. Stergios, just for the record do I have to abstain from voting on this? LAW DIRECTOR STERIOS – No, you don’t have to do anything, but I would suggest that you abstain since you’re employed there. But I’ll leave that up to you. COUNCIL PRESIDENT GAMBER The way that would work when we’re finished with discussion is that you make a motion to be excused and then we will have a second on that. COUNCILMAN BRYAN – I move to excuse Councilman Peters from voting, seconded by Councilwoman Catazaro-Perry. Roll call vote of 7 yes to excuse Councilman Peters from voting. COUNCILMAN MANSON moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 7 yes. ORDINANCE NO. 167 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 7 YES. ORDINANCE NO. 168 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, after discussing with the committee because we’d like to be very clear on where we’re going with this we’re going to give this first reading tonight. ORDINANCE NO. 168 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 169 2006 BY: POLICE AND FIRE COMMITTEE COUNCILMAN MAIER Yes, for the same reasons we want to be very clear about this and we’re going to give this first reading. ORDINANCE NO. 169 – 2006 WAS GIVEN FIRST READING. ORDINANCE NO. 170 2006 BY: FINANCE COMMITTEE COUNCILWOMAN CATAZARO-PERRY Ordinance No. 170 has three sections and then the fourth section is declaring it an emergency. Section 1 would like us to appropriate from the balance of the General Fund for the following: $350,000.00 to an account entitled fire salaries, $160,000.00 to an account entitled police salaries, $70,065.00 to an account entitled AFG grant supplies, $64,000.00 to an account entitled police overtime, $45,000.00 to an account entitled police comp, $12,000.00 to an account entitled fire comp, $9,225.00 to an account entitled fire central dispatch service, $5,000.00 for fire overtime and $4,000.00 to an account entitled police clerks salary. Section 2 is to appropriate from the unappropriated balance of the Street Fund for the year ending December 31, 2006 $58,000.00 into an account entitled 2006 Veterans Blvd, Augusta Drive, Cyprus Drive for street improvements. Section 3 is to appropriate from the Massillon Museum Fund $7,619.98 to an account entitled Massillon Museum Holding Account and this is the final payment to the Massillon Museum for their taxes collected. Again, Section 4 is just declaring it 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. 170 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 22 2006 BY: COMMITTEE OF THE WHOLE COUNCILMAN BRYAN At the same time that we’re meeting here tonight they’re dedicating the science wing at the high school to Brenda Robinson who was a long time teacher there and chairperson I think of the science department for a long time and founder of the SUCCESS club and many, many, many other things. I just thought it would be appropriate for us to also add our honor and respect for Ms. Rob. I got emails from a lot of you if not all of you saying you agreed that would be a good thing to do. So we’ll be asking for passage. COUNCILMAN BRYAN moved for suspension of the rules and passage, seconded by Councilman Peters. The rules were suspended by a roll call vote of 8 yes. RESOLUTION NO. 22 – 2006 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER Councilman Bryan, would you be sure that a copy of this gets to the appropriate people. (Yes, I will.) Thank you, I’m sure the Clerk can get you whatever you need for that. 7. UNFINISHED BUSINESS - NOTHING 8. PETITIONS AND GENERAL COMMUNICATIONS LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM BELLS STORES INC DBA FIRST STREET CITGO 1310 FIRST ST NE MASSILLON OHIO 44646 TO BELL STORES INC DBA BELL STORES 34 108 LAKE AVE NE MASSILLON OHIO 44646. COUNCIL PRESIDENT GAMBER Mr. Maier, you have a copy of that? COUNCILMAN MAIER Yes, I do. COUNCIL PRESIDENT GAMBER Simply a transfer. 9. BILLS, ACCOUNTS AND CLAIMS 1. KELLER OFFICE – $34.90. COUNCILWOMAN CATAZARO-PERRY I move that we pay the bill, seconded by Councilman Bryan. Roll call vote of 8 yes to pay the bill. 10. REPORTS FROM CITY OFFICIALS A). POLICE CHIEF SUBMITS MONTHLY PERMIT REPORT FOR OCTOBER 2006. COPY FILE COUNCIL PRESIDENT GAMBER I would mention to everyone to take the time to read through the Mayor’s report especially the engineering area. I did have one of our council members tell me recently that there was a lot of information in there that he really didn’t know was there. So take a look through there and you’ll be able to keep abreast of what’s going on in that department. COUNCIL PRESIDENT GAMBER We will meet again in committee on November 27th. City hall will be closed Thursday and Friday of this week for Thanksgiving, but that really shouldn’t affect the committee session at all. Anything that doesn’t come in by Wednesday will come piling in Monday and so I don’t know if the Clerk will have an opportunity to email everyone by the time you get here. So there may be some items that you hadn’t seen before. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS COUNCILMAN BRYAN Yes, I’d like to when I turn this in to the Clerk I’d like you to get a copy over to Kenn Kaminski at the Park Department. This is that petition for the skate board park and there are 30 signatures on it so I think he should get a copy of that. COUNCIL PRESIDENT GAMBER Do we have the name of who circulated that petition? COUNCILMAN BRYAN Yes, Jake circulated that petition. If you want the spelling ask Mr. Peters because he has it. But I have another request. I’d like to request the law director to come to stand and inform us whether he can attend our November 27th work session. At our last work session (I know) despite what you read in the papers I agreed to ask you if you would come to our work sessions and particular I don’t you know from week to week I don’t know what your schedule is. But can you be at the next one? LAW DIRECTOR STERIOS – I will check, but I think I can as I sit here I don’t recall anything that I have Monday night. COUNCILMAN BRYAN The reason is we get into areas and situations where we just wish we had you know some legal guidance with these contracts when it comes to the ambulances and the tow trucks and things. So we thought it would be a great help if you could be here we’d appreciate it. LAW DIRECTOR STERIOS – No, that’s fine. I don’t intent to come every time, but whenever you guys ask me or let me know I can try to come to work sessions. So there’s certain things that come up that I can be helpful in. So that’s fine. COUNCILMAN BRYAN Okay, thank you. COUNCILMAN MCCUNE Mr. Stergios, since it looks like you’ll be able to make next Monday’s meeting or the 27th meeting. Do you think you could provide us a I have received numerous calls on the T-Mobile issue as well as the mini golf course issue. People are just looking for an official update. So… LAW DIRECTOR STERIOS – I can go into further detail at the committee session, but the miniature golf course issue we have filed an appeal to the 5th District Court of Appeals from the ruling that the trial court issued. That was filed so that will be in the process for a number of months I would think before we see any resolution. T-Mobile a lawyer did contact me I believe last week I talked with him on behalf of the T-Mobile people and we have some further discussions, but I can give you more of an update later. Nothing of any real significants other than they still want to build at that location. COUNCILMAN MCCUNE One of the constituents that live up by that area called me and said that they were up there taking core samples. Is that okay, is that a legal thing that they can do right now with the situation being what it is? LAW DIRECTOR STERIOS – I would imagine as long as the owner of the property has authorized them to take core samples that’s not something requires a building permit or a zoning permit to be issued. So I don’t at the top of my head see that there’s anything impermissible with that. 13. CALL OF THE CALENDAR 14. THIRD READING ORDINANCES AND RESOLUTIONS .SECOND READING ORDINANCES AND RESOLUTIONS 16. NEW AND MISCELLANEOUS BUSINESS .REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN BRYAN I move that we adjourn, seconded by all.
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