MINUTES OF THE REGULAR MEETING
MASSILLON CITY COUNCIL
HELD, MONDAY, DECEMBER 2, 2013 

COUNCIL PRESIDENT TOWNSEND B I'd like to welcome all of you to Massillon City Council for Monday, December 2, 2013.  We have in attendance with us this evening the following city officials: Mayor Kathy Catazaro-Perry, Safety Service Director Al Hennon, Law Director Perry Stergios, Auditor Jayne Ferrero, Engineer Keith Dylewski, Community Development Director Ted Herncane and Parks and Rec. Director Doug Nist.  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 them off or set them to vibrate.

1.  ROLL CALL

Roll call for the evening found the following Council Members present:  Milan Chovan, Sarita Cunningham-Hedderly, Nancy Halter. Quenessa Hampton, Ed Lewis, Paul Manson, Donnie Peters, Andrea Scassa and Larry Slagle.

Thus giving a roll call vote of 9 present.  

2. INVOCATION

COUNCILWOMAN SCASSA B Gave the invocation for tonight.  

3.  PLEDGE OF ALLEGIANCE

COUNCILWOMAN SCASSA – Chairperson of the Rules, Courts and Civil Service Committee led those in attendance in the Pledge of Allegiance. 

4.  READING OF THE JOURNAL

COUNCIL PRESIDENT TOWNSEND - 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

COUNCIL PRESIDENT TOWNSEND – We are now at item #5 this is the part of the agenda where citizens may speak on a topic that appears on tonight’s agenda.  If you would like to speak on something please come to the microphone at this time and give your name, address for the record and the topic you want to discuss at this time. 

JIM HUEBNER – 55 6th Street SE, Massillon.  I’m here to talk a little bit about the oil and gas leases and  the city’s responsibility for a public meeting required under Ohio Revised Code 31509.61.  I don’t know if all of you are familiar with it I’m assuming that you’re not since I haven’t heard of any public meetings.  So I want to just read this portion of the revised code for you there’s a possibility that I’m going to be entering into some litigation with a group of veterans on the mandatory pooling order that, that I’m involved in.  I want to make sure that the city covers all their bases because I don’t want to get the city involved in litigation unnecessarily. 

COUNCILMAN CHOVAN – What was that ORC section again?

JIM HUEBNER – It’s…

COUNCIL PRESIDENT TOWNSEND – Excuse me Councilman Milan he’ll get to it.

JIM HUEBNER – It’s 31509.61 that’s Ohio Revised Code and it states “the legislative authority of a political subdivision shall conduct a public meeting concerning a proposed lease agreement for the development of oil and gas resources on land that is located in an urbanized area and that is owned by the political subdivision prior to entering into the lease agreement.  The public meeting shall be conducted in a public venue and the municipal corporation or township in which the proposed well is to be located.  The public meeting shall not occur at the same meeting at which the legislative authority of the political subdivision votes to enter into a proposed lease if applicable.  The legislative authority of the political subdivision shall send notice no later than 10 days prior to the date of the public meeting to the owner of each parcel of real property that is located within 500 feet of the surface location of the property that is subject of the proposed lease agreement.  This notice shall contain a statement that the legislative authority of the political subdivision is considering entering into an oil or gas lease agreement and provide the location, date and time of the public meeting.  In addition the statement shall contain a statement that informs an owner of real property who’s required to receive notice of the public meeting under this division that within 5 days of receipt of that notice the owner is required to provide notice under division (C) of this section to each residence in an occupied dwelling that is located on the owner’s parcel of real property.  The legislative authority of the political subdivision that is required to provide notice under division (A) of this section shall provide the notice in accordance with requirements established by the legislative authority governing public meetings that are held by the legislative authority.  If the owner of a parcel of real property receives a notice under division (A) of this section the owner shall provide to each residence in an occupied dwelling that is located on the owners parcel of real property if any a copy of that notice within 5 days receipt of the notice..”  This is was passed and was effective 6/30/2010.  I realize that the city is looking for any revenue sources they can find.  I would like to see the city rather than just take on all of these leases in residential property do something like the City of Canton did and that was to require a bond from banks that foreclose on property and if that bank does not maintain that property then the money to do so comes out of that bond.  And to date the City of Canton gets 10% of that bond for administrative costs and to date Canton has accrued $50,000 and I’m told within the next two weeks they expect the total bond amount to rise to $1.5 million which would be $150,000.00 for the city.  So there’s other ways to raise revenue for the city rather than you know just this piliferation of oil and gas leases that’s occurring in our neighborhoods.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?

RENEE BOGUE – 204 Willow Avenue NE.  First I would like council to ask the same questions that they asked Everflow to Enervest.  Also the question of radioactivity in the waste comes into play when drilling into the shale so I’m referring to a horizontal well.  Second the two proposed ordinances must be voted down city owned land which is taxpayer owned land should not be leased to a private interest.  Taxpayer owned land should not be used in a way that harms residents.  Our hands our tied on the state level and we are working on that.  However the city should not facilitate drilling in our neighborhoods it is a betrayal of trust.  Council should protect the health, welfare and safety of its citizens we should not make it easier for drilling because carcinogens and neurotoxins will pollute our neighborhoods air.  Will our neighbors be exposed to dangerous releases of hydrogen sulfide?  Ohio is a major hydrogen sulfide prone area.  Wells will leak looking at just cement casings and the cement in the annulus alone that will shrink and crumble and allow gases and chemicals to move up the well bore into our ground water.  Wells are ticking time bombs, drilling is not worth the risk.  Massillon well fields serve not only Massillon but part of Jackson and Hills and Dales.  We have a responsibility to their residents.  Do you know that in Bainbridge, Ohio, 40 residences had their water polluted when a well was drilled?  We do not know the full extent of water contamination in Ohio because of lawsuits and non disclosure statements.  What makes council think that could not happen here?  Can you guarantee us that these wells will not leak?  Keep in mind horizontal wells and vertical wells can contaminate water wells and aquifers.  Would drilling put the Tuscarawas Valley Buried aquifer at risk?  The question of where the flow back will be injected was never answered.  Is it going to be taken to one of the injection wells in Perry Township thereby placing their residents at risk due to potential leakage.  The money received from this dangerous, risky endeavor will be less than 1% of the debt that the city owes.  If an accident occurs required insurance money may not cover the damage done to neighborhoods thus making the taxpayers bare the burden.  Drilling unleashed radon how are homeowners going to mitigate this gas when it enters the basements of their homes.  Radon can cause lung cancer.  What if the well comes up dry?  Not all vertical and horizontal wells produce.  Then we’re left with no royalties and the pollution.  Passage would send a message to perspective homebuyers that not only could there be drilling in their neighborhood but they could be forced into the drilling unit by forced pooling.  I wonder if the 15 homeowners who are being forced into the Sisko Well Unit would buy a home in Massillon if they had to do it over again.  We need to protect our food manufacturing businesses.  The City of Massillon and contaminated water would be associated with their brand and could destroy sales.  Canton City pulled its ordinance to lease city owned land for fracking after its citizens spoke out.  Will Massillon Council protect us?  Council was asked to pass a ban and they did not do this while surrounding communities passed bans and resolutions. 

COUNCIL PRESIDENT TOWNSEND – 30 seconds.

RENEE BOGUE – Council needs to do the research you can not rely on the media mantra and the industry sponsored website.  We’re all leasing taxpayer land would be a dangerous, risky and terrible proceed quick fix for city debt that would not solve the city’s money problems and could have repercussions for generations to come.  One last item not only should you have a public meeting you should have a public hearing you are making the decision to lease taxpayer owned land.  It would also be in the best interest of democracy.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Thank you.  Is there anyone else?  I see no one else we’ll move into introductions of ordinances and resolutions.

6.  INTRODUCTION OF ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 145 - 2013                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into an agreement with H.J. Heinz Company to provide a Municipal Job Creation Tax Credit Agreement to assist the company in expanding its operations in Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  As you know this came to us rather quickly I think everybody understands the circumstances now that Heinz was looking at different spots around the country and we are benefitting from the decision that they made here.  They intend to come to town and invest another $28 million dollars. They’re already one of our larger employers.  In the interest of making things happen quicker I intend to move this forward unless there are questions that we can’t answer tonight or if there’s anybody here that somebody would like to hear from the mayor or the community development director.  Otherwise I intend to move this.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Manson or is there someone city official that would like to speak on this?  Okay, Councilman Manson your motion? 

COUNCILMAN MANSON 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. 145 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 145 has passed.

ORDINANCE NO. 146 - 2013                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Mayor of the City of Massillon, Ohio, to enter into a contract with Stark County Regional Planning Commission for Housing Rehabilitation Services in the City of Massillon, Ohio, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  This we do on an annual basis for the last ten years.  I think they provide a valuable service to us.  We have Mr. Herncane here if anybody has any questions otherwise I intend to bring this forward for passage tonight.    

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Manson or Mr. Herncane?  Your motion Councilman Manson.

COUNCILMAN MANSON 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. 146 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 146 has passed.

ORDINANCE NO. 147 - 2013                    BY:   PARKS AND RECREATION COMMITTEE

Approving the various fees and charges for the Massillon Parks and Recreation Department for the year 2014, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Slagle?

COUNCILMAN SLAGLE – Thank you, Mr. President.  As was presented by Mr. Nist the director of our parks and recreation department this is a piece of legislation brought forth requesting that we increase the rates at the recreation center.  The it looks like an increase although actually I believe as he said it actually brings it back up to the 2009 rates where there was a momentary drop due to the economic situation in the city.  As Mr. Nist described this should increase the recreation center income by 10 to 13%.  The rates are attached to the piece of legislation I’m not going to go through all of them but once again we do give the citizens or the Massillon taxpayers a significant break on their yearly membership and monthly memberships which is only just since they do pay for part of this through the recreation tax.  I don’t believe there was any objection to this they’d like to get it passed as soon as possible because the sooner they get it passed then the quicker the rates go into effect from my viewpoint this is a step in the right direction.  The recreation center needs to take these kinds of positive moves to bring in the appropriate income on their level to avoid draining the tax funds which really should be going for capital improvement and things like that in our system.  It was passed by the park and rec. board by a vote of 4-0.  So they are to inline in increasing it and that’s obviously their position.  Is there any discussion Mr. Nist is here to discuss it but I think he apically described it in the last work session. 

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Slagle or Mr. Nist?   

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. 147 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 8 YES, 1 NO.  HAMPTON VOTED NO.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 147 has passed.

ORDINANCE NO. 148 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign an amendment and extension of an existing Oil and Gas Lease.  The well lease area includes part of The Legends Golf Course property with a requested lease area from the City of Massillon of 9.77 acres, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President.  First reading.

ORDINANCE NO. 148 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 148 has received first reading.

ORDINANCE NO. 149 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sign an amendment and extension of an existing Oil and Gas Lease.  The well lease area includes the property knows as Shriver Park, with a requested lease area from the City of Massillon of 5.40 acres, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President.  First reading.

ORDINANCE NO. 149 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 149 has received first reading.

ORDINANCE NO. 150 - 2013                    BY:   FINANCE COMMITTEE

Making certain appropriations from the unappropriated balance of the General Fund and the Local Law Enforcement Trust Fund, for the year ending December 31, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has two sections.  Section 1, hereby appropriate from the unappropriated balance of the General Fund, for the year ending December 31, 2013, the following: $165,502.74 to an account entitled Street Lighting.  Section 2, appropriate from the unappropriated balance of the Local Law Enforcement Trust Fund, for the year ending December 31, 2013, the following: $2,000 to an account entitled Supplies, Materials and Postage.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Peters?  Hear none Councilman Peters?

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. 150 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 150 has passed.

ORDINANCE NO. 151 - 2013                    BY:   FINANCE COMMITTEE

Reducing the appropriations in the Police Pension Fund, Enterprise Zone Monitoring Fund, ADR Fund, Massillon Museum Fund and the Fire Damage Structure Fund, for the year ending December 31, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has five sections.  Section 1, the appropriations are hereby reduced in the Police Pension Fund, for the year ending December 31, 2013, and all of these are for December 31, 2013 so I won’t say it again, $96,341.24 from an account entitled Police Pension.  Section 2, appropriations are hereby reduced in the Enterprise Zone Monitoring Fund, $6,673.45 from an account entitled Salary – Enterprise Zone, $934.28 from an account entitled PERS, $99.12 from an account entitled Medicare, $558.35 from an account entitled Workers Compensation.  Section 3, the appropriations are hereby reduced in the ADR Fund, as follows: $1,806.44 from an account entitled Workers Comp., $1,585 to an account entitled Supplies, Materials and Postage, $958.56 from an account entitled Salary – Mediator, $600 from an account entitled PERS – Mediator, $50.00 from an account entitled Medicare – ADR.  Section 4, appropriations are hereby reduced in the Massillon Museum Fund, $2,935.48 from an account entitled Massillon Museum Holding Account, $1,264.23 from an account entitled Fees.  Section 5, the appropriations are hereby reduced in the Fire Damage Structure Fund, $1,000 from an account entitled Fire Damage Structures.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Peters?  Councilman 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. 151 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 151 has passed.

ORDINANCE NO. 152 - 2013                    BY:   FINANCE COMMITTEE

Making certain transfers in the 2013 appropriations from within the General Fund, for the year ending December 31, 2013, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has one section but it’s like a mile long.  So I’m not going to read the account numbers I’m going to read the department or whatever and the dollar amount.  Thereby and hereby transferred from the 2013 appropriation from within the General Fund, for the year ending December 31, 2013 the following: Transfer Debt Retirement - $54,001.28, Advance Out - $15,000.00, City and State Collection Fees - $6,063.74, Travel, Seminar and Schooling 0 $4,925.04, PERS – Street Dept. - $3,599.11, Workers Compensation - $3,055.88, Hospital, Eye and Dental - $3,046.20, Annexation Fees - $2,375.33, Accumulated Sick Leave - $1,608.64, PERS – Income Tax - $1,600, Ohio Municipal League - $62.00, Funeral Expenses - $500.00, Bank Chargers - $500.00, Medicare – Income Tax - $400.00, Medicare – Law Director - $400.00, PERS – Domestic Violence - $290.00, Medicare – Council - $200.00, Workers Compensation - $110.54, Medicare – Street - $52.66, Refunds - $8.43.  To: SD Revenue Sharing - $43,697.39, Street Lighting - $38,497.26, Uniform Allowance – Police - $7,974.20, Salary – Building - $3,500.00, Hospital, Eye and Dental – Street Dept. - $1,400.00, Salary – Health Dept. - $1,375.00, PERS – Health Dept. - $1,125.00. PERS – Mayor - $130.00, PERS – Building Dept. - $100.00.

COUNCIL PRESIDENT TOWNSEND – Alright, are there any questions for Mr. Peters?  What is your motion Councilman Peters?

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. 152 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 152 has passed.

ORDINANCE NO. 153 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Auditor to pay various 2013 bills that have been received and that will be received by her office between January 1, 2014 and March 31, 2014, out of the 2014 appropriations within the various departments of the City of Massillon, Ohio, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  This ordinance has two sections.  Section 1, the Council of the City of Massillon, Ohio, hereby finds it necessary to authorize the City Auditor to pay various 2013 bills that have been received and that will be received by her office between January 1, 2014 and March 31, 2014 out of the 2014 appropriations from within the various departments of the City of Massillon, Ohio.  Section 2, the City Auditor is hereby authorized and directed to pay various 2013 bills that have been received and that will be received by her office between January 1, 2014 and March 31, 2014 out of the 2014 appropriations from within the various departments of the City of Massillon, Ohio. 

COUNCIL PRESIDENT TOWNSEND – Thank you, are there any questions for Councilman Peters or the auditor?  Seeing none your motion Councilman 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. 153 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 153 has passed.

ORDINANCE NO. 154 - 2013                    BY:   FINANCE COMMITTEE

Establishing the blanket purchase order amount for the fiscal year 2014 not to exceed Fifteen Thousand Dollars ($15,000.00) for all departments with the exception of the 2101 Wastewater Treatment Fund within the City of Massillon, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Ditto, like the clerk just read I’ll read it again.  The Council of the City of Massillon, hereby finds it necessary establishing the blanket purchase order amount for the fiscal year 2014 not to exceed $15,000 for all departments with the exception of the 2101 Wastewater Treatment Fund within the City of Massillon. 

COUNCIL PRESIDENT TOWNSEND – Any questions?  Councilman Lewis?

COUNCILMAN LEWIS – What is the current limit for the blanket purchase order amount?

COUNCILMAN PETERS – We’ll have to bring the auditor up?

COUNCIL PRESIDENT TOWNSEND – Mrs. Ferrero, could you step to the microphone?

AUDITOR FERRERO – Mr. President, members of council, how can I help?

COUNCIL PRESIDENT TOWNSEND – Could you repeat your question Councilman Lewis?

COUNCILMAN LEWIS – Yes, what is is there a current limit that we have for a blanket purchase order amount?

AUDITOR FERRERO – That’s what it is now $15,000 we’re just renewing it for next year.  It’s the auditors that asked us to do that. 

COUNCILMAN LEWIS – Thank you.

COUNCIL PRESIDENT TOWNSEND – Okay, are there anymore questions?  Councilman Peters, your motion.

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. 154 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 154 has passed.

ORDINANCE NO. 155 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into contract with The Health Plan for health insurance coverage for City employees for the 2014 calendar year, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Thank you, Mr. President.  Two section the Council of the City of Massillon, Ohio, hereby determines it to be necessary in the public health, safety and welfare to enter into contract with The Health Plan for health insurance coverage for the City employees for the 2014 calendar year.  Section 2, Director of Public Service and Safety of the City of Massillon, Ohio, is hereby authorized to enter into contract with The Health Plan for health insurance coverage for City employees for the 2014 calendar year.

COUNCIL PRESIDENT TOWNSEND – Are there any questions for Councilman Peters?  There are no questions Councilman Peters your motion.

COUNCILMAN PETERS – Before I do that can I address Councilman Chovan?

COUNCIL PRESIDENT TOWNSEND – Yes.

COUNCILMAN PETERS – Were all your questions answered by Mr. Koher?  I mean to your satisfaction.

COUNCILMAN CHOVAN – I mean he sent me the paperwork I asked for and between that and the discussion I had with Mr. Hennon before the meeting, yes.

COUNCILMAN PETERS – Okay, I just don’t want to bring this forward for if you don’t have it, if you’re not happy with it.  Okay, that’s my only question. 

COUNCILMAN CHOVAN – No, we’re good.

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. 155 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 155 has passed.

RESOLUTION NO. 16 - 2013                    BY:   FINANCE COMMITTEE

Requesting the Stark County Auditor and Stark County Treasurer to pay the City’s share of real estate taxes for the 2014 fiscal year.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – Yes, Mr. President, this one and the next two I’m going to give first reading.  I know we have to go through the formality the reason being is because the mayor did not sign the resolution request so I’m going to ask that the mayor come to the work session on Monday to answer the questions of council.  So first reading for Resolution No. 16.

RESOLUTION NO. 16 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Resolution No. 16 has received first reading.

RESOLUTION NO. 17 - 2013                    BY:   FINANCE COMMITTEE

Requesting the Stark County Auditor and Stark County Treasurer to pay the City’s share of 75% of the estate and inheritance taxes for the 2014 fiscal year.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – First reading. 

RESOLUTION NO. 17 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Resolution No. 17 has received first reading.

RESOLUTION NO. 18 - 2013                    BY:   FINANCE COMMITTEE

Authorizing the Auditor to convert a prior period advance outstanding from 2008 for $105,000.00 from the Income Tax Capital Improvement Fund (1401) to the Parks and Recreation Fund (1204) to a transfer.

 

COUNCIL PRESIDENT TOWNSEND – Councilman Peters?

COUNCILMAN PETERS – First reading. 

RESOLUTION NO. 18 – 2013 WAS GIVEN FIRST READING.

COUNCIL PRESIDENT TOWNSEND – Resolution No. 18 has received first reading.

7.  UNFINISHED BUSINESS

8.  PETITIONS AND GENERAL COMMUNICATIONS

LETTER FROM OHIO DIVISION OF LIQUOR CONTROL REGARDING A TRANSFER OF LIQUOR LICENSE FROM AMHERST T N A LTD AMHERST T N A 921 AMHERST RD NE MASSILLON OHIO 44646 TO REMAS LLC DBA AFFINITY DRIVE THRU 921 AMHERST RD NE MASSILLON OHIO 44646

COUNCIL PRESIDENT TOWNSEND – And do that councilwoman have a copy of that?  I’m not sure which okay it would be Nancy or Sarita I believe, okay.

COUNCIL CLERK BAILEY – Yes.

9.  BILLS, ACCOUNTS AND CLAIMS

10.  REPORTS FROM CITY OFFICIALS

A). AUDITOR SUBMITS MONTHLY REPORT FOR NOVEMBER 2013 B COPY FILE.
B). TREASURER SUBMITS MONTHLY REPORT FOR OCTOBER 2013  – COPY FILE

COUNCIL PRESIDENT TOWNSEND – Thank you, Madame Clerk.  Councilman Peters I need a motion to accept the auditor’s report?

COUNCILMAN PETERS – I’d like to make a motion that we accept the auditor’s report, seconded by Councilman Slagle.

Roll call vote of 9 yes to accept the auditor’s report.

COUNCIL PRESIDENT TOWNSEND – Thank you, the auditor’s report and the treasure’s report will be filed.

11.  REPORTS OF COMMITTEES

COUNCIL PRESIDENT TOWNSEND – Do we have any reports of committees?  Councilman Lewis?

COUNCILMAN LEWIS – Quickly I just wanted for the benefit of everybody that wasn’t able to attend before this meeting we did meet a few of us it was a called meeting of just to discuss if we wanted to alter the way we did work sessions next council session and if we wanted to change how we designed committee arrangements and things of that nature.  We just discussed no agreements or anything like that were come upon I’ll be speaking with Ms. Scassa to draw something up for a more formalized discussion as we close this session of council. 

COUNCIL PRESIDENT TOWNSEND – Thank you, Councilman Lewis?  Anyone else? 

12.  RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS

13.  CALL OF THE CALENDAR 

14.  THIRD READING ORDINANCES AND RESOLUTIONS

15. SECOND READING ORDINANCES AND RESOLUTIONS

ORDINANCE NO. 132 - 2013                    BY:   COMMUNITY DEVELOPMENT COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a purchase agreement between the City of Massillon and the Community Improvement Corporation of Massillon, Inc, for the sale of real estate located on the southeast corner of the intersection of Tremont Avenue SE and Hess Blvd SE, upon approval of the Board of Control.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Manson?

COUNCILMAN MANSON – Yes, thank you, Mr. President.  My intention here is to give this second reading and we’re going to have Mr. Herncane, Community Development Director at the committee meeting.  He’s going to discuss and I think he has some information for us on the Community Improvement Corporation how it works.  I want to get into this just a little more personally I still support you know what we’re doing here as far as transferring this property to Mr. Holderbaum.  But I think we just need to make sure we understand how the CIC operates.  So second reading.

ORDINANCE NO. 132 – 2013 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Thank you, Ordinance No. 132 – 2013 has received second reading.

ORDINANCE NO. 134 - 2013                    BY:   POLICE AND FIRE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to sell the 1989 Ford F350 Ambulance to the Fire Department Rehab Unit (FDRU) which is no longer needed for any municipal purposes, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Thank you, Mr. President.  I’m going to give this second reading.  But the reason I’m doing that is there seemed to be some question when it was first brought up about the value of this ambulance.  The fire chief’s proposal here is to sell it for a $1.00 for the fire department rehab unit so they can use it for support services for fire companies throughout the county.  But the question was what is it worth if you just scraped it out.  So I’m going try to get a better feel for that so that maybe I can report on that next time.  But I’m going to give it second reading.

COUNCIL PRESIDENT TOWNSEND – Okay, I believe Councilman Peters has a question or statement.

COUNCILMAN PETERS – Mr. Chovan, could I, could I, I don’t mean to butt into your committee but can we ask the law director to come up?

COUNCIL PRESIDENT TOWNSEND – Sure.

COUNCILMAN PETERS – I might as well put him on the spot. 

COUNCIL PRESIDENT TOWNSEND – Mr. Stergios, could you come to the podium?

COUNCILMAN PETERS – He likes to he likes to get up because it feels it’s worth his wild for coming.  Mr. Stergios, when we discussed this at the work session you know I’m not against doing this for this organization or whatever but and maybe just have you look into it and get with Mr. Chovan.  But I mean first of all we’re selling a piece of city property an asset for a $1.00 and we all know that you can get more than that in scrap you know a considerable amount more.  And #2, something of this nature being a company owned or a city owned vehicle does it have to go out for some kind of bid?  So I think and I was straightforward with the chief when he brought this forward that these are questions that I have and I apologize for not you know asking you calling you and asking you beforehand but I’m not asking you for an answer right now but those were the two biggest questions.

LAW DIRECTOR STERGIOS – I know the answer what do you think of that?

COUNCILMAN PETERS – Okay, I like it.

LAW DIRECTOR STERGIOS – Groundhog Day, I’ve been down this road before.  Service director asked me about it and the chief and if you guys find that it’s no longer needed for any municipal purpose that’s your finding.  Now part implicit in you finding that is questioning the chief or the director or somebody what the heck the thing is worth but if you find that its no longer and are satisfied that you know maybe you’d get $500 for scrap or we get a $1.00 and these guys use it and they’re going to use it to assist in mutual aid things.  When I talked to Director Hennon I said well if you guys make that decision I think that’s proper.  But its somebody’s going to ask what its really worth which that answer I don’t know  someone may have answered that question but but its just like when we scrapped out a whole list of things back in June we just found that these various vehicles and scrap metal were no longer needed and I think we scrapped them out.  But we had maybe more idea what they were worth.  But it’s within your prerogative assuming that your questions are answered.  And it doesn’t need bid out because we made this finding that it’s no longer needed and that alleviates the need to solicit bids and proposals.  So short version of the answer but that’s basically it. 

COUNCILMAN PETERS – He’s the boss. 

COUNCIL PRESIDENT TOWNSEND – Are there have another question Councilman Chovan?

COUNCILMAN CHOVAN – Well, yeah, I mean when you just something I want to clarify Mr. Peters when you said put it out for bid you mean like put it up for sale to see if somebody would offer us more than that or is that…

COUNCILMAN PETERS – Yeah, I mean I guess here’s my here’s my deal okay if you’ve got a city owned dump truck that we find its no longer you know an asset or valuable to the City of Massillon and I give this example at the work session.  Okay, Donnie Peters decides that you know if you sell me that dump truck for a $1.00 whenever you have a real bad snowstorm I’ll fill it up with salt and help you out with city roads.  I mean what is the difference? 

LAW DIRECTOR STERGIOS – It’s not you.

COUNCILMAN PETERS – No, but I mean I mean…

LAW DIRECTOR STERGIOS – No, well I think part of the difference lies in that this difference lies in that this rehab unit is some and maybe the director could help you know there’s some different entity than you or me buying it for a $1.00.  I mean they work with the…

COUNCILMAN PETERS – Right, but then also I mean there’s other places that do plowing and salt you know things like that.  I’m just using that as an example and they are a valid you know I just used my name as an example but I mean I just don’t want to get into a big you know down the road but if you’re saying we don’t have to do that I’m satisfied with that answer.  I’m not you know I probably skipped that class in our law school. 

LAW DIRECTOR STERGIOS – No, I think you make this finding that you’re authorized to do it.  But legitimate questions also I mean that’s part of you guys making that underline finding that we don’t need it anymore. 

COUNCILMAN PETERS – And again I reiterate its not that I’m against this organization and or what the chief’s trying to do.  I think its great and I said that before at the work session I just wanted to make sure that we didn’t and it sounds like we’re not in any kind of trouble if we do something like that.  So…

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Thank you, just one last thing.  Yeah, I mean it’s up for us to decide as a body if we want to dispose of an asset for the city anyway we can.  So there’s no legal issue there.  And this group is a 501C3 non-profit which would be different then selling it to you know somebody else for a $1.00 that they’re going to use for a commercial venture.  But I’m I’ll just give it second reading I will try and find out what scrap value might be on it just you know in case you’re interested.  Thank you.

ORDINANCE NO. 134 – 2013 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 134 has received second reading. 

ORDINANCE NO. 135 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Everflow Eastern Partners LP., for 8.10 acres of real estate owned by the City of Massillon, and declaring an emergency.

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunninghham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, second reading. 

ORDINANCE NO. 135 – 2013 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 136 has received second reading.

ORDINANCE NO. 137 - 2013                    BY:   PUBLIC UTILITIES COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a Non-Surface Development Gas & Oil Lease with Everflow Eastern Partners LP., for 10.65 acres of real estate owned by the City of Massillon, and declaring an emergency.  

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Cunningham-Hedderly?

COUNCILWOMAN CUNNINGHAM-HEDDERLY – Thank you, Mr. President, second reading.

ORDINANCE NO. 137 – 2013 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 137 has received second reading.

ORDINANCE NO. 138 - 2013                    BY:   RULES, COURTS AND CIVIL SERVICE COMMITTEE

Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a participation agreement with the Ohio AFSCME Care Plan for vision insurance coverage for City employees, and declaring an emergency. 

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Scassa?

COUNCILWOMAN SCASSA – Thank you, Mr. President.  I know I had originally spoke about giving this three readings.  However in light of this starting January 1st and the fact that we just passed tonight the health plan portion of this for the medical I would ask that we suspend the rules tonight.  I’ll be making that motion to suspend the rules tonight and bring Ordinance No. 138 forward for passage so that we can get the paperwork going and that employees can get their cards and make sure there’s a seamless transition January 1.  So that’s my motion.

COUNCIL PRESIDENT TOWNSEND – Okay, are there any questions for Councilwoman Scassa?  Do you have a question or statement?  Oh, you’re seconding it.  Okay, how about you have a question Councilman Slagle?

COUNCILMAN SLAGLE – I do or just a comment.  When I reviewed this I think of concern and for future reviews on this is the fact that we are apparently leaving out many small optometrist and ophthalmologist groups that would have normally have vision coverage.  From what I saw there’s a lot of Sears Vision for instance and people outside of the Massillon City limits.  I think really we should look at locals and try to keep the small optometrists and the smaller ophthalmologists groups that maybe seeing our citizens or our employees within the plan the best we can.  I was just concerned when I actually saw that.  I understand it was negotiated and you know the committees came to a reasonable review over it.  But I would hope in the future that they would consider that I know I just think it’s important to have continuity of care.  When you go to places like Sears Vision you’re not going to normally have continuity of care.  So that’s all.

COUNCIL PRESIDENT TOWNSEND – Councilman Chovan?

COUNCILMAN CHOVAN – Thank you, yeah, I would tend to agree with Mr. Slagle.  However this is the Ohio AFSCME plan so you know it’s not just for our area here and I’m not sure if we would try to keep it to local people if the pricing structure would be something that we could do you know reasonably for the employees since they contribute you know quite a bit for this.  So you know I agree with you but I’m not sure that we could actually have done that. 

COUNCIL PRESIDENT TOWNSEND – Okay, are there anymore questions?

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

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

ORDINANCE NO. 138 – 2013 WAS PASSED BY A ROLL CALL VOTE OF 9 YES.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 138 has passed.

ORDINANCE NO. 139 - 2013                    BY:   STREETS, HIGHWAYS, TRAFFIC & SAFETY

Vacating a portion of an unnamed, unimproved 10 foot wide alley located between Cherry Road NE and Andrew Avenue NE, and declaring an emergency.   

 

COUNCIL PRESIDENT TOWNSEND – Councilwoman Hampton?

COUNCILWOMAN HAMPTON – Thank you, Mr. President.  Second reading.

ORDINANCE NO. 139 – 2013 WAS GIVEN SECOND READING.

COUNCIL PRESIDENT TOWNSEND – Ordinance No. 139 has received second reading.

16.  NEW AND MISCELLANEOUS BUSINESS

COUNCIL PRESIDENT TOWNSEND – Okay, do we have any new or miscellaneous business?  Okay, seeing none we’ll move onto item #17.

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

COUNCIL PRESIDENT TOWNSEND – We have now arrived at #17 this is the section where anyone who would like to speak on a topic which did not appear on the agenda this is your opportunity to do so at this time.  Okay, please give your name, address and the topic you wish to discuss at the public speak section is three minutes.

JIM HUEBNER  – 55 6th Street SE in Massillon.  Just a quick change actually a I want to revise that section of the Ohio Revised Code is drop the 3 off the front of that its 1509.61. 

COUNCIL PRESIDENT TOWNSEND – Can you repeat that again?  Just in case someone else wanted it?

JIM HUEBNER  – It’s 1509.61.

COUNCIL PRESIDENT TOWNSEND – Thank you.

COUNCILMAN PETERS – Give me that one more time.

COUNCIL PRESIDENT TOWNSEND – For Mr. Peters.

JIM HUEBNER  – For Mr. Peters, 1509.61.  Further I wanted to talk to you a little bit about a month ago I rose to speak about the Stand Your Ground issue.  I wanted to remind people I’m assuming that all you got the ordinance or rather the resolutions from other Ohio cities: Cleveland, Akron, Canton, Cincinnati, Dayton and Youngstown and Toledo also has a resolution opposing the section of HB203 which extends the duties to retreat provision from one’s house and vehicle to use deadly force who anywhere that person is legally.  As you most of you probably know the State House of Representatives passed that bill last week.  Talking with Senator Oelslager’s office this morning that bill has not yet been assigned to a committee and has not received a senate number.  So I’m hoping that someone here will still be willing to author such a bill you were talking before the meeting about how you didn’t introduce very many bills and resolutions.  Here’s an opportunity for you.  I’ll even help with that if there’s any way that an individual citizen can propose a bill and give it to you give it to somebody on the council for consideration and make any changes to it they want to.  I would just like to see the council bring it up and vote on it.  Whatever you decide whether you want to pass the resolution or not you know I’m fine with that.  But I would like to see it come up.  I guess that’s all I have to say at this point on it.  Thank you.

COUNCIL PRESIDENT TOWNSEND – Alright, thank you Mr. Huebner.  Do we have anyone else who like to approach the microphone?  I see no one Councilwoman Scassa we need a motion to adjourn.

18.  ADJOURNMENT

COUNCILWOMAN SCASSA  – I move that we adjourn, seconded by all.

 

_________________________
MARY BETH BAILEY, CLERK,

______________________________
TONY M. TOWNSEND, PRESIDENT

 

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