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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, December 17, 2007. We have in attendance with us this evening: Mayor Francis Cicchinelli, Safety Service Director Mike Loudiana, Auditor Bill Hamit, Law Director Perry Stergios, Engineer Keith Dylewski and our Parks and Recreation Superintendent Kenn Kaminski. On the wall to your left are agendas for anyone who wishes to follow the meeting. Also under item #5 on the agenda is where the public can speak on any item that appears on the agenda and then under item #17 is where the public can speak on any item that does not appear on the agenda. I d also like to remind anyone with a cell phone please turn it off or turn it very far down. 1. ROLL CALL Roll call for the evening found the following Council Members present: Kathy Catazaro-Perry, Jayne Ferrero, Chuck Maier, Ron Mang, Paul Manson, Dave McCune, Donnie Peters and Tony Townsend. Thus giving a roll call vote of 8 present. COUNCIL PRESIDENT GAMBER Mr. Mang, we need a motion to excuse Councilman Bryan. COUNCILMAN MANG I moved that we excuse Councilman Bryan from this evening’s meeting, seconded by Councilwoman Catazaro-Perry. Roll call vote of 8 yes to excuse Councilman Bryan. 2. INVOCATION COUNCILMAN TOWNSEND – Gave the invocation for tonight. 3. PLEDGE OF ALLEGIANCE COUNCILMAN TOWNSEND– Chairman of the Rules, Courts and Civil Service 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 COUNCIL PRESIDENT GAMBER This is the part of our agenda where we invite citizens forward to speak to any item that is our agenda and after that I do understand that the Mayor has someone who he would also like to have an opportunity to speak. So at this point if there are any citizens who would like to speak please come forward. Seeing no one else Mr. Mayor, I call you forward please. MAYOR CICCHINELLI – There have been some questions concerning the selling of the Genshaft Park property. I just want to let everyone know that is still proceeding we have hired Bricker and Eckler to do some legal work concerning the both the state and federal government requirements to sign off on the grant that was given to build Genshaft Park several years ago. That’s in the process I had asked Brad Goldberg from Visconsi to address council on and give an update as much as possible on the project and to show everyone and of course show the citizens of Massillon that they’re very serious and excited about this potential project and would like to see of course something happen 2008. So I’d like to introduce Mr. Goldberg. COUNCIL PRESIDENT GAMBER Alright, Mr. Goldberg, you may speak at that microphone or if you’d like to come forward to the podium. BRAD GOLDBERG – 30050 Chagrin Boulevard, Cleveland, Ohio. I’m a developer with the Visconsi Companies and we are the principle developer that has what’s called the Genshaft Park under contract with the City of Massillon. What I wanted to achieve tonight is it’s I believe when we first when I first presented we were hoping to have some confirmation regards to who not who when our tenant would be prepared to commit and then we could go public to announce who will be called the anchor tend would be for the project. I’m very pleased to say that we’re very close to finalizing the agreement unfortunately it was on their agenda and not on our agenda. This time of the year really starting in this actually hit early October retailers are concentrating on nothing but sales for this time of the year. How well they do in this holiday season will somewhat predict what the future holds for them regarding new store growth. I can assure you that we’ve met with the tenant several times we are on track we pretty much have an agreement buttoned up. We’ve been in a few meetings with the city we meet with the engineer we do have a conceptional site plan that I thought I would share with everyone tonight just how we envision the center to look at least at this juncture just to give everyone an outline. This is highway 21 and what you see here this is about a 90,000 square foot retail tenant with two additional tenants. What you see surrounding the site are out lots. Now the site plan may change to some degree but what you have here would be additional retailers that will go along with the shopping center once it’s developed. Our goal is hopefully to break ground we’re hoping in late fall of ’08. Again, we should be in the position we’re hoping sooner than later that we’ll be in the position to announce who the tenant is and their commitment to the city I’m hoping within 60’ish days. We’re very close and once that document is signed they don’t have a problem with us going forth. The issue is that it’s such a competitive nature that they want to make sure that we can deliver what we say we can deliver before they announce their company. They just want to be sure before they make an announcement that they can fulfill the obligations that they make to the city once they make that announcement. It’s so cautious steps on their part. I didn’t know if anybody had any questions but we’re pleased with how things are progressing unfortunately in our industry things move very, very slow. There’s lots of pieces a lot of details. COUNCIL PRESIDENT GAMBER Is there anyone who’d like to ask a question? Mr. McCune? COUNCILMAN MCCUNE With the down turn in the shopping season this year and the affect it’s having on a lot of retailers do you anticipate the possibility of them backing out of this deal? BRAD GOLDBERG – This has been no and I say that because a retailer the size they already know what they can do in sales in this market we’re at this juncture they pretty much know that make this work. It may have an affect on markets where they’re potentially thinking going into they’re already in this market. So this isn’t a market when I say they’re in Northeast Ohio already. So to answer your question no when they’ve already invested money into the site so to speak by doing their own due diligence as well. So at this point I want to say no to your question they’re pretty confident and anxious as we are to get a deal down here. COUNCIL PRESIDENT GAMBER Alright, we thank you very much for your update and your presentation. 6. INTRODUCTION OF ORDINANCES AND RESOLUTIONS ORDINANCE NO. 153 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to sign an Annexation Agreement Perry Township regarding the Massillon Annexation, and declaring an emergency. COUNCILMAN MANG The Mayor has explained to us on several occasions the agreement that we have reached with Perry Township. It deals with the percentage of taxes that Perry will receive through two different time periods. There’s an 80%, 60% and I think most of you remember the conversation that was put forth by the Mayor and his avenues that he tried to reach an agreement Perry. This all was holding up the initial annexation of the land down on 21, 62. So for the purpose of trying to get this annexation altogether and to proceed with the property in the area so that the developers can advertise their property as being property inside the City of Massillon which we hope will enhance that I’m going to ask that the rule requiring three separate readings be suspended and Ordinance No. 153 – 2007 be brought forth for questions of its passage. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 153 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 154 – 2007 BY: HEALTH, WELFARE & BLDG REGULATIONS Amending CHAPTER 757 “TAXICABS” of the Codified Ordinances of the City of Massillon, Ohio, by repealing existing Section 757.07 “MAXIMUM FARES IN TAXICABS” (a) & (b). COUNCILWOMAN FERRERO – We discussed this and we had asked Mr. Stergios if he would prepare legislation. What we’re doing is just repealing the part of that ordinance that states maximum fare be posted for taxicabs. So the taxicabs post their fares so people know. COUNCILWOMAN FERRERO moved for suspension of the rules and passage, seconded by Councilman Manson. The rules were suspended by a roll call vote of 89 yes. ORDINANCE NO. 154 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 155 2007 BY: PARKS AND RECREATION COMMITTEE Authorizing the Mayor of the City of Massillon, Ohio, to enter into contract agreements with Variety Attractions, Inc., L & B Entertainment Inc., and other companies for various engagements for the 2008 summer concert series, and declaring an emergency. COUNCIL PRESIDENT GAMBER Mr. Mang, are covering this for Mr. Bryan? COUNCILMAN MANG Yes, we introduced this legislation at the work session if we had an amount we have an amount now. 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 MANG moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 155 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 156 2007 BY: PARKS AND RECREATION COMMITTEE Authorizing the Mayor and the Director of Public Service and Safety of the City of Massillon, Ohio, to enter into a five (5) year Lease Agreement for and on behalf of the City of Massillon, Ohio, with the Massillon Museum for the lease of City owned land in Veterans Memorial Park, Massillon, Ohio, and declaring an emergency. COUNCILMAN MANG This is something that comes up every 5 years the piece of land in front of the Massillon Museum which is part of the Veterans Memorial Park. The city has been entering into a lease agreement with Massillon Museum to lease this for a $1.00 year. They do the Massillon Museum does cover this piece of property with insurance so at least its not obligation we have. I don’t see any problems with this there’s plenty of description as to where it’s at if there’s questions we’ll certainly have enough people to answer them. If not we’ll be asking for suspension. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman Maier. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 156 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 157 2007 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 Ohio Valley Energy Systems Corporation for a 2.190 acre parcel owned by the City of Massillon, and declaring an emergency. COUNCILMAN MCCUNE As you know we discussed this at our work session last week and this is a win, win situation for the city. It’s a non-surface development gas and oil lease with Ohio Valley Energy System. There’s no out of pocket money for the city while it creates some funding flow for the city. So I request that we waive the if we have no questions and we waive the right for three separate readings and pass it as an emergency measure tonight. COUNCIL PRESIDENT GAMBER Are there any questions? Mr. McCune, I have one do you know where this is located? COUNCILMAN MCCUNE It’s down by the Masonic Temple. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 157 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 158 2007 BY: STREETS, HIGHWAYS, TRAFFIC & SAFETY Authorizing the Director of Public Service and Safety of the City of Massillon, Ohio, to submit an application for 2008 Municipal Road Funds for the Wales Road (SR 241) Resurfacing, and declaring an emergency. COUNCILMAN PETERS This is going to take some time because I’m going to mess it all up. But this ordinance we did not discuss at our work session on Monday it was brought to me the day after the work session and other members of the streets and highways. So they wanted to get it on the agenda because it was the timing for this thing to be submitted. But I was told today that we have to amend it so what do you want me to do first? COUNCIL PRESIDENT GAMBER What’s the nature of your amendment? COUNCILMAN PETERS I don’t know I’m going to bring the city engineer up and he’s going to tell us. Because I don’t know the nature of it. So I guess that’s next, huh? ENGINEER DYLEWSKI – As I discussed with you on the phone today I got a call from ODOT and the funding that they had in place for the Wales project we have urban paving money for ODOT from ODOT for this project for Wales. That’s pushed off till 2009 so to apply for this you know it would be a year early what we wanted to do is last year we also submitted with Cherry Road, Lincoln Way paving between 3rd Street NE and 3rd Street NW. We wanted to resubmit that application so that’s what the amendment will be for. Instead of Wales of it will be Lincoln Way. COUNCIL PRESIDENT GAMBER Are the amounts changing? ENGINEER DYLEWSKI – Yes, the estimate will be different. COUNCIL PRESIDENT GAMBER And the subject of the grant is changing so there’s nothing left in this ordinance that would remain… ENGINEER DYLEWSKI – Just the name of the street everything else is the same. Instead of Wales it will be Lincoln Way and yes the amounts will change. COUNCIL PRESIDENT GAMBER Alright, I would suggest is lets let the law director mull this over until the last item in our agenda and then if he indicates that we need a short recess to just change some wording we can do that. If its major changes then I would suggest it would go back to committee. Is that alright, Mr. Stergios. Is that alright Mr. Peters? COUNCILMAN PETERS Well, I don’t know he’s saying that’s the reason we rushed this thing in because it’s got to be in. So if we take it back to committee it’s not going to make it in time. So… COUNCIL PRESIDENT GAMBER Is there a timeframe involved? ENGINEER DYLEWSKI – Yes. The application has to be in by December 31st. COUNCIL PRESIDENT GAMBER Alright, well let’s the law director work on it we’ll introduce this after Ordinance No. actually after Resolution No. 18 and we’ll take it from there. ORDINANCE NO. 159 2007 BY: FINANCE COMMITTEE Making certain appropriations from the unappropriated balance of the 1201 Street Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 159 – 2007 in section 1, we’re going to appropriate from 1201 Street Fund $3,300.00 to an account entitled Cherry Road NW Project. This is for extra expenses for that project $3,300.00. COUNCILWOMAN CATAZARO-PERRY moved for suspension of the rules and passage, seconded by Councilwoman Ferrero. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 159 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 160 2007 BY: FINANCE COMMITTEE Making certain transfers in the 2007 appropriations from within the General Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCIL PRESIDENT GAMBER Mrs. Catazaro-Perry, these are standard transfers if you’d like to dispense with reading each one you may. If you’d like to read each one you may. COUNCILWOMAN CATAZARO-PERRY Ordinance 160 – 2007 is extensive I think our president pretty much insinuated that and it is long so its okay I won’t read every one. I read every one at the work session we’ve gone all over this. We’re going to be appropriating from within the General Fund and we need these dollars from these special accounts to the accounts for school district revenue, salaries and benefits. Then in section 2, we’re going to take money from several different areas PERS, state examination, uniform allowance, police and give it to salaries for the fire which is $31,508.18. Section 3, we’re going to take money from supplies, materials and postage, travel, school and seminar and give it to supplies, materials and postage to cover year end expenses. This is all standard procedure that we do every year at the end of the year to make sure all the accounts are taken care of in their specific 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 8 yes. ORDINANCE NO. 160 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 161 2007 BY: FINANCE COMMITTEE Reducing the appropriations in the Police Pension Fund, Fire Pension Fund, Probation Fund, Parks & Rec. Capital Improvement Fund, Insurance Fund and the TIF Service Payment Fund, for the year ending December 31, 2007, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY I am passing around an amended version of Ordinance No. 161 – 2007. The auditor talked with Mary Beth today who then emailed me with some changes on this. It doesn’t change the ordinance per say it just changes some figures. The first figure we’re going to change is the I believe its $311… COUNCIL PRESIDENT GAMBER There’s no need to amend anything we have not acted on this ordinance yet. So if you would just indicate what page we’re using that will suffice. COUNCILWOMAN CATAZARO-PERRY Sure, the version that says amended at the top is the and I guess we can strike that word then. The first number should be the $306,621.39 that is the version that we’re going to go with. There is a few additions that we did not speak to. The salary on the Legends is added $11,731, $5,000.00 is added for retiree’s insurance and $4,812.51 services and contracts. We did not discuss those at the work session and those are the additions to the ordinance. What we’re going with this ordinance in section 1 we’re going to reduce the appropriations in these certain funds and section 2 we’re just going to pass this as 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. 161 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 162 2007 BY: FINANCE COMMITTEE Authorizing the Director of Law of the City of Massillon, Ohio, to renew the one year contract with the City of Canal Fulton, for the purpose of providing prosecutorial services, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 162 is just to renew the contract with the City of Canal Fulton with our prosecutor. The amount that we are paid is $24,000.00 a year and the contract will begin from February 1, 2008 thru January 31, 2009. 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. 162 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 163 2007 BY: FINANCE COMMITTEEAmending CHAPTER 181 “INCOME TAX” of the Codified Ordinances of the City of Massillon, Ohio, by amending existing Section 181.05(a), (d) and (e) “RETURN AND PAYMENT OF TAX”, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 163 is really just to change the date of filing your income tax in compliance with state law from April 30th to April 15th. COUNCILMAN MANG – Is our paperwork been changed that most of the accountants have. We haven’t mailed those out have we? COUNCIL PRESIDENT GAMBER Who are you asking? COUNCILMAN MANG – I’ll ask the auditor. COUNCIL PRESIDENT GAMBER Mr. Hamit? AUDITOR HAMIT – This is in effect is the second year for this. Last year, the federal law was changed to go to everybody should collect on the 15th and the city did at that time. I don’t know if there was an ordinance passed last year or not I’m not involved in that. The forms are all read the 15th. 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. 163 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. ORDINANCE NO. 164 2007 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, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Ordinance No. 164 in section 1 we’re just saying that it is necessary to enter into contract with The Health Plan for health insurance for the employees. In section 2, we’re authorizing the Director of Safety Service to enter into contract. The contract is with Hometown and the renewal will increase 5% which affects the premiums by $8,000 a month and about $96,000 a year. 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. 164 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. RESOLUTION NO. 18 2007 BY: FINANCE COMMITTEE A resolution providing for the submitting to the electors of the City of Massillon at a Primary Election to be held on March 4, 2008, the question of the approval of the issue of a replacement of a one (1) mill operating levy to provide funding for the Massillon Museum which is operated by the Massillon Museum, Inc., a non-profit corporation, and declaring an emergency. COUNCILWOMAN CATAZARO-PERRY Resolution No. 18, we are going to approve the Massillon Museum levy be placed on the ballot. It is a replacement levy not a renewal levy and it will run from 2008 to 2012. 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. RESOLUTION NO. 18 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. COUNCIL PRESIDENT GAMBER Mr. Stergios, are we ready to proceed with Ordinance No. 158 or do you need more time? (No, we’re ready). Alright, I’ll recognize Councilman Peter’s discussion of Ordinance No. 158. COUNCILMAN PETERS Okay, the amended version of Ordinance No. 158 we’re going to change Wales Road to Lincoln Way 172 in the titled. Then we’re going to drop down to section 1 and change that one where it says Wales Road State Route 241 to Lincoln Way 172. Then we’re going to section 2 and we’re SCATS Massillon share we didn’t change that. But where it says Wales Road State Route 241 we’re changing that to Lincoln Way State Route 172 and we’re changing the dollar amount from $201,323.92 to $283,453.30. Then we’re going to drop down to section 3 and again we’re going to change from Wales Road State Route 241 to Lincoln Way State Route 172 and those are the changes. COUNCIL PRESIDENT GAMBER Alright, Mr. Law Director it’s your opinion we can proceed with this as written? LAW DIRECTOR STERGIOS – Well, we should move to amend it to reflect the changes that Mr. Peters just read, vote on the amendment and suspend the rules and then pass it. COUNCIL PRESIDENT GAMBER Alright, in as much as we already introduced the ordinance Mr. Peters why don’t you offer an amendment with these changes we’ll vote on the amendment. We will then need a vote to suspend the rules, followed by a vote to accept the ordinance. COUNCILMAN PETERS moved to amend Ordinance No. 158 – 2007, seconded by Councilman Townsend. ORDINANCE NO. 158 – 2007 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 158 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. 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 NOVEMER 2007 COPY FILE 11. REPORTS OF COMMITTEES COUNCIL PRESIDENT GAMBER As far as committee reports we have a very odd ending to the year and the next two Mondays will be holidays. Council members all have the schedule if anyone else wants to jot it down. There will be budget hearing this Wednesday the 19th, the deadline for new legislation for the January 7th meeting is December 28th, the January 2nd will be a busy evening starting at 6:00 there will be a swearing in ceremonies for council members and other city officials. Followed by a special council meeting to accept the 2008 budget and some organizational items followed by committee meetings; all on January 2nd. The first regular council meeting of the new year will then be on January 7th. Does anyone else have anything else to add to add to any committee reports. 12. RESOLUTIONS AND REQUESTS OF COUNCIL MEMBERS 13. CALL OF THE CALENDAR 14. THIRD READING 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 is not needed for any municipal purpose, and declaring an emergency. COUNCILMAN MANG I passed out an amended Ordinance No. 127 and the amendments are the things that we discussed in the work session. In the title we have deleted “to advertise for and receive sealed bids” we have deleted and to enter into with the highest bidder that has been deleted. In section 1, the same thing to enter into contract with the highest bidder has been deleted. In section 3, the same deletion and in section 4, we have added after the last sentence council’s their intended use for the real estate we’ve put a sentence in there the minimum bid for said property is $48,000.00 per acre. I believe these were the suggested amendments that we have. COUNCILWOMAN FERRERO – I know that we did discuss this at our work session, but I really don’t know that we have given it enough discussion with the people who live down there to go forward and I wasn’t I guess I didn’t know we were going to bring it forward tonight for a vote. Was that something that was decided just past week I’m sorry if I missed something. COUNCILMAN MANG – No, there was I had not had any discussion other than to bring it forward. COUNCILWOMAN FERRERO – I would like to go to second reading just so that we can give people more of a chance to come and discuss it. COUNCILMAN MANG – Well, the issue here is we can’t enter into a contract it’s just to see if in fact we do receive bids for the property. Beyond that… COUNCIL PRESIDENT GAMBER – If I can interject by being amended we will need a vote to accept the amended ordinance it will then go back to first reading. It will then be up to the chairman whether he wants to suspend the rules and look for a vote or just give it first reading. Is there anything else Mrs. Ferrero? COUNCILWOMAN FERRERO – No, thank you. COUNCILMAN MAIER – Yes, I’d like to point out also that this on section 4 number 3 the city and or council reserves the right to reject any and all bids. So this doesn’t tie us into anything except for putting out for bid and I don’t see any reason not to move forward with this tonight. COUNCILWOMAN CATAZARO-PERRY The $48,000.00 I’d like to bring Mr. Kaminski up because I want to make sure he and I went out on the golf cart and looked at all the property that was for sale and we spoke about what we really, really needed to have financially for these bids. I was wondering what that $48,000.00 which numbers was that going to generate? PARKS & REC. SUPERINDENTANT KAMINSKI – The $48,000.00 is going to generate the approximately $2.5 million. COUNCILWOMAN CATAZARO-PERRY I myself tend to agree with Mrs. Ferrero tonight. I think we need to talk about this some more. I know that you went back in the back room and talked about other options and I know those people are here tonight and you said you would look into those and I just would like to maybe talk about it one more time before we go ahead and vote on it. I know financially that this is probably something we have to do but I don’t want to take it so lightly that we don’t discuss it a little bit more because we are affecting some people’s lives even though its not going to change that much. I would like to wait until next time, two weeks from now. COUNCIL PRESIDENT GAMBER – Are there any other questions for Mr. Kaminski? Mr. Manson? COUNCILMAN MANSON – Yes, I just like to say that I pretty much agree with what Mr. Maier said. We’re just going out to bid regardless of what this bid comes in if it came in at $55,000.00 we still have the right to reject this bid. We have gone out and looked at other property in the past and I think we should move ahead at least exploring what’s going on out there. I encourage anybody down there not just the people up around Augusta Drive and stuff that are involved in this if they want to come to council or council committee meetings to come and make their points I’ve talked to people on the phone over the weekend about this. It’s quite involved but also I think we’re not hurting ourselves by going to bid. COUNCILMAN TOWNSEND – I have to agree with Councilwoman Ferrero and Councilwoman Catazaro-Perry we haven’t had enough dialogue with the people in that area to move forward. The way that I see it if we put it up for bid then therefore we’re putting it up for sale and then once we put it up for sale we’re going to sell it. If someone comes along with $55,000.00 what’s the purpose of turning it down. We’re putting it up for bid for $48,000.00 an acre we haven’t had a whole lot dialogue with the people out there I think we need a couple more meetings possibly with Mr. Kaminski to explain to some of the residents out there to possibly show the diagram of the golf course out there. I just think we need more dialogue before we rush into this and not just necessarily with just the people alone I think council needs more dialogue about this process. COUNCILMAN PETERS – I disagree with but I’ll agree with Councilman Manson and Councilman Maier that I think we need to move forward on this despite some of the public criticism that we’ve gotten from places saying that this is an easy decision, easy way out. I think just the opposite I think there is no easy decision but I think this is the only decision that we can make at this time and I think the sooner we get moving on it the better so that we can move this thing forward and I can’t see dragging it out and sitting through we already know I think pretty much who’s against it and so forth. We’re not locked into anything like Councilman Manson said and I think we need to move forward with this now. COUNCILMAN MCCUNE – I have to agree with the one statement that Donnie made and that’s this is the only decision that we have to make. I would like to think that Kenn and the Mayor and everyone has done their due diligence and you know we’re not doing anything other than enter into the process. I do not believe that we’re really going to adversely affect the homeowners out there tremendously. So I believe that we would be remiss if we didn’t move forward tonight. COUNCILMAN MAIER – Yes, I would just like to state that just by I support looking into this but that doesn’t mean I support selling the land at this point. I think that just by going out to bid and finding out what interest is out there it doesn’t tie us into anything and I’m not by any means ready to sell that property I’m just on an exploratory mission right now. COUNCIL PRESIDENT GAMBER – Mr. Mang, we bring the ordinance back to you. COUNCILMAN MANG – Well, I appreciate the comments made by council people. I also think that we need to move forward with this its an indication that we want to sell the property but by the same token there’s so many answers to be had and to be made and some of those answers may come back very quickly. In the fact that no one’s interested so I would like to go ahead and move that the rule requiring three separate readings be suspended and Ordinance No. 127 – 2007 be amended. COUNCILMAN MANG moved to amend Ordinance No. 127 – 2007, seconded by Councilman McCune. ORDINANCE NO. 127 – 2007 WAS AMENDED BY A ROLL CALL VOTE OF 6 YES, 2 NO. CATAZARO-PERRY AND TOWNSEND VOTED NO. COUNCILMAN MANG moved for suspension of the rules and passage, seconded by Councilman McCune. The rules were not suspended by a roll call vote of 5 yes, 3 no. Catazaro-Perry, Ferrero and Townsend voted no. ORDINANCE NO. 127 – 2007 WAS GIVEN FIRST READING. COUNCILMAN MANSON – I don’t disagree that Perry, but what since we only have 8 people here how does that affect it? LAW DIRECTOR STERGIOS – To dispense with three readings we need three quarters of the members elected so you need seven no matter who’s here. So that’s the oddity of it. ORDINANCE NO. 129 2007 BY: STREETS, HIGHWAYS, TRAFFIC AND SAFETY Vacating a portion of 1st Street NE, and declaring an emergency. COUNCILMAN PETERS We’ve been talking about this for about 6 months. We talked about this at the last three work sessions where we were going to make an amendment changing because it stated that the alley had a name and we changed I handed out the amended copy to each one and we changed the title in the title we changed vacating a portion of an unnamed alley and declaring an emergency. Then back in section 1, we also took out where it said that it was a portion of 1st Street and it says lying between 1st Street NE. COUNCILMAN PETERS moved to amend Ordinance No. 129 – 2007, seconded by Councilman McCune. ORDINANCE NO. 129 – 2007 WAS AMENDED BY A ROLL CALL VOTE OF 8 YES. COUNCILMAN PETERS moved for suspension of the rules and passage, seconded by Councilman Townsend. The rules were suspended by a roll call vote of 8 yes. ORDINANCE NO. 129 – 2007 WAS PASSED BY A ROLL CALL VOTE OF 8 YES. .SECOND READING ORDINANCES AND RESOLUTIONS ORDINANCE NO. 142 2007 BY: COMMUNITY DEVELOPMENT COMMITTEE Amending CHAPTER 1121 “CONSTRUCTION OF LANGUAGE; DEFINITIONS”, CHAPTER 1187 “SUPPLEMENTAL ZONING REGULATIONS” and CHAPTER 1189 “GENERAL EXCEPTIONS” of the Codified Ordinances of the City of Massillon, by repealing existing Sections 1121.02 (23) and (67) “DEFINITIONS”, 1187.01 “COMMERCIAL TELEVISION AND RADIO TOWERS AND PUBLIC UTILITY MICROWAVES AND PUBLIC UTILITY T.V. TRANSMITTING TOWERS and 1189.04 “HEIGHT LIMIT” and enacting new Sections 1121.02 (23) and (67) “DEFINITIONS”, 1187.01 “COMMERCIAL TELEVISION AND RADIO TOWERS AND PUBLIC UTILITY MICROWAVES AND PUBLIC UTILITY T.V. TRANSMITTING TOWERS AND 1189.04 “HEIGHT LIMIT” of CHAPTER 1121, CHAPTER 1187 and CHAPTER 1189, and declaring an emergency. COUNCILMAN MANG Public hearing scheduled for January 7th at 7:15pm, second reading. 16. NEW AND MISCELLANEOUS BUSINESS COUNCILWOMAN FERRERO – I just wanted you to indulge me for a couple of minutes since this is my last time that I’ll sitting here on city council. I just wanted thank the citizens of Massillon for electing me to this position it certainly has been an honor and a privilege the people of this community and I’ve learned a lot sitting here on city council. Some of the things that have gone through I haven’t always agreed with but I believe that’s why there’s nine people on this council so that the best comes out of everything that we have to work on. I congratulate all of you on the upcoming two more years I commend you, I applaud you for the job that you do. I think it’s a thankless job and I think that people we get blamed for everything that happens in the city whether or not we can control it or not. But I do believe that we have nine people that are dedicated to this position and it’s really been wonderful sitting here. So thank you and good luck and I’ll look forward to working with you in my new position as the auditor. COUNCIL PRESIDENT GAMBER – Thank you, Mrs. Ferrero I was going to make note of the fact that this is your last meeting and also Mr. Bryan as you indicated is often a thankless job and we all know where all the problems actually its not always council. But the citizens also appreciate the time that you’ve put forward. 17. REMARKS OF DELEGATIONS AND CITIZENS TO MATTERS NOT ON THE AGENDA 18. ADJOURNMENT COUNCILMAN TOWNSEND – I move that we adjourn, seconded by all.
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